38123_VANDERMYDE, JOHN_20040525 (2)

N? A 38123
XCAMA / C DREDGE & FILL
GENERAL PERMIT
Previouspermit# 3732-c>A
[]New XModification []Complete Reissue El Partial Reissue
Date previous permit issued /JI41./ G, Zcc
As authorized by the State of North Carolina, Department of Environment and
Natural Resources
0 7 H
and the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC . I %U t%
El Rules attached.
Applicant Name
Project Location: County
Address r'C) j 1 ✓nCie eT C_
Street Address/ State Road/ Lot #(s)
City 1<1i'1 Vej;l LA� 0S State NC ZIP
�_�I f C>'�"•
._�Uv��_
Phone # (j 2) VW - 66,03 Fax # ( )
Subdivision l 7�qr 4e,+JY-
AuthorizedAgent
City r�ii) i�P�/.� 1`�1IlS ZIP --7?7
❑ CW %EW PTA ❑ ES ❑ PTS
Phone # (Z Z1- 4 6,63 River Basin Ase, "46.,
Affected
❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A
AEC(s):
Ad Wtr. BodyM wn -yl1 a J-F- C., vxct l (nat / a /unkn)
i' --�
❑ PWS: ❑ FC:
ORW: yes / no PNA yes /6 Crit. Hab. yes /�
Closest Maj. Wtr. Body Q 1 In P �"''' Ze
Type of Project/ Activity "A S"t, 11 U 1
r
(Scale: )
Pier (dock) length - -
—r- r--]- --- --I--- - —i - — ---- . - - -- -- -
Platform(s)
Fingerpier(s)
C�� _..,- -'
-10tqGiY(e
Groin length
number
Bulkhead/ Riprap length
ns. c 1
�PP
avg distance offshore
max distance offshore
Basin, channel (,jU
cubic yards
`i ( yam✓
Boat ramp
Z
lea/ Boatlift r
- - CA
Pp
Beach Bulldozing
G!_
fOther I l
o
Shoreline Length 7
�ber it
j
SAV: not sure yes
-
Sandbags: not sure yes no
Moratorium: yes no
1 '
u
Photos: yes ®
1'
1 V IAylI l 11 P � I
Waiver Attached: yes Ono' - - .
- - - - - - I . ---- - -- -- - - - ----
A building permit may be required by: //f
�J See note on back regarding River Basin rules.
Notes/ Special Conditions AN.e9 eV) c(o.S-e 'K h0 iL
Jotm a ✓ A > PPc� , � ✓� ��
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Agent or Applicant Printed Name
Signature* Please read compliance statement on back of permit
)t%OU f %
Permit Officer'ssgnature G/
Issuing Date Expiration Date
j', // A°v, / A// C0SU 6- / 31.3
Local Planning Jurisdiction Rover File Name

I
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
TIP r
'. ay 27, 2004
Col. William Beadling J U N 0 1 2004
613 Harborview Drive
Kill Devil Hills, NC 27948 Morehead City CCM
Re: Objection to the Issuance of CAMA General Permit No. 38123-A
for Boat Lift Installation, in Colington Harbor, Kill Devil HEls,
Dare County
Dear Colonel Beadling:
This letter is in response to your objection as a non -adjacent riparian property owner to a permit
request from John Van der Myde for a Boat Lift Installation in Colington Harbor, Dare County.
Tony Zaharias, of the Division of Coastal Management staff, was recently on site to evaluate the
permit applicant's request.
The permit applicant has requested a permit to install a Boat Lift. Under the Coastal Area
Management Act (CAMA), the Coastal Resources Commission (CRC) has established Rules for
General Permits for this type of development that are found in 15A NCAC 07H .1200.
You have notified the Division of Coastal Management of your objections to this proposed
development to me by telephone on May 25, 2004, and in person on May 27, 2004. Your
objections to this proposed development related to navigational access to Albemarle Sound.
Tony Zaharias and I have reviewed your objections, along with all aspects of this development
proposal for consistency with the aforementioned Rules, which describe the CRC's standards
and guidelines for this type of development. Our review of the proposed development has found
it to be consistent with these Rules.
In accordance with 15A NCAC 07H .1204(c), "there shall be no unreasonable interference with
navigation or use of the waters by the public by the existence of piers, docks, and boat houses."
On May 18, 2004, Tony Zaharias investigated the water depth in the channel extending out from
the property owned by Mr. Van der Myde at 101 Juniper Court. The investigation revealed a
consistent water depth extending from the site of the proposed boatlift to the opposite shoreline.
Given the consistent depth across the channel, the Division of Coastal Management concluded
the installation of a boatlift as proposed by Mr. Van der Myde will not obstruct access to
Albemarle Sound. On May 27, 2004, Tony Zaharias again ascertained the relevant water depths
in the vicinity of the project in the presence of Mr. Van der Myde, me, and you. This second
assessment of the navigability of this channel confirmed our earlier conclusions.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 30% Recycled by Fiber Weight

Col. William Beadling
May 27, 2004
Page 2
We have taken repeated steps to assess the impact of the proposed boatlift upon the navigability
of this particular water body, and have concluded that the water depths that exist alongside the
bulkhead where the boat lift is proposed extend well beyond the proposed structure, such that the
waters can be navigated around the boat lift to seek access to the Albemarle Sound. We have
found that the waters immediately to the South of Mr. Van der Myde's property shoal rapidly to
1 foot, or less, depth, and extend this way across the entire water body. While this shoaled area
may pose an impediment to access to the Albemarle Sound from this water body, loss of access
of vessels to the area proposed for the boat lift will have no such effect. Therefore, it has been
concluded that the proposed boat lift will present no unreasonable interference with navigation or
use of the waters by the public
After having given careful consideration to your objections to this proposed development, we
have determined that it is consistent with the Rules of the CRC and the State's Coastal
Management Program, and that all pre -requisites have been satisfied. Therefore, the Division of
Coastal Management issued General Permit No. 38123-A on May 25, 2004 (copy attached) for
the proposed development.
If you wish to appeal this permit decision, you must file a Third Party Hearing Request form
with the Director of the Division of Coastal Management within 20 days of the permit issuance
date. Since you have indicated that you intend to appeal this decision, I am enclosing the form to
be completed.
Please note the three factors listed on this form, which need to be specifically addressed with
additional attachments. This documentation must be served on:
Director, Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1639
A copy of this documentation needs to be sent to:
Attorney General's Office
Environmental Division
P.O. Box 629
Raleigh, NC 27602-0629
If the Chairman of the Coastal Resources Commission grants a hearing of your appeal, you then
must file a petition for a Contested Case Hearing with the Office of Administrative Hearings
within 20 days of the Chairman's decision. This office can assist you with the forms and
addresses associated with this portion of the process. If the Chairman denies your hearing
request, this decision can be appealed to the Superior Court in the county where the property is
located.

Col. William Beadling
May 27, 2004
Page 3
If you have any further questions regarding this matter, please do not hesitate to contact Mr.
Tony Zaharias, or me, at this office.
Sincerely,
Ted Sam son
District Manager
Northeast District
TS/yc
cc: Tony Zaharias, Division of Coastal Management, Elizabeth City, NC
`--Ted Tyndall, Assistant Director, Division of Coastal Management, Morehead City, NC
Charles S. Jones, Director, Division of Coastal Management, Morehead City, NC
John Van der Myde
Enclosures:
Permit No. 38123A
DCM Form 5: Third Party Hearing Request (3 pages)
Petition for a Contested Case Hearing

i'6CAMA / ❑ DREDGE & FILL t
GENERAL PERMIT Previouspermit# 2732-oA
❑New XModiflcation: El Complete Reissue ❑Partial Reissue Date previous permit issued /'lq,,y
As authorized by the State of North Carolina, Department of Environment and Natural Resources
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC 07H. 1-2.y O
❑ Rules attached.
Applicant Name So ^ V 1n derm,'de
Address_ i o t .iy a e C- -
City : j� P�'I j- i liS State N6 ZIP 4 r
Phone # (2S12) L Lql r Fax # (_)
Authorized Agent
Affected ❑ CW 1% EW '9 PTA ❑ ES ❑ PTS
AEC(s): ElOEA ❑ HHF ❑ IH ❑ UBA ❑ N/A
❑ PWS: ❑ FQ
ORW: yes Cn- PNA yes / no Crit. Hab. yes / r O
Project Location: County )2r r,
Street Address/ State Road/ Lot #(s)
A, nQ
Subdivision tt—,G r „iw
city r,. i1 iJ��r p` H;1 js zip 79 `J—
Phone # (�S 4J �-1 1-1 (.o3 River Basin
Adj. Wtr. Body 1Vi a n ,/V 1 cQ JP f'o, ��a gnat / /awn /unkn)
P'I..� m- M.,i Wr.- IZ-Av A) k1 fi tM G e IC
Type of Project/ Activity <.,
Pier (dock) length
Platform(s)
Finger pier(s)
Groin length
number
Bulkhead/ Riprap length
avg distance offshore
max distance offshore
I
Basin, channel I"C'aD
cubic yards
Boat ramp
,
--Boathouse/Boatlift J2.in ,4 iz..i
Beach Bulldozing
Other
Shoreline Length 72
SAM not sure
yes
Sandbags: not sure
yes
Moratorium:
yes
no
Photos:
yes
Waiver Attached:
yes
f no
(Scale: )
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A building permit may be required bry��::� K d Pe See note on back regarding River Basin rules.
Notes/ Special Conditions . fry 1 t fit/; i f o r P �f 10 1 b a �. � n� c v r f' xT« cJ `. .tee " `r
t
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Agent or Applicant Printed Name
Signatures ** Please read compliance statement on back of permit **
®r0 s�Uij7
O�nlirarinn Faa(al Check #
/�-
PermitOfficer's—ignature
Issuing Date —� Expiration Date
Local Planning Jurisdiction Rover File Name

WMENR
North Carolina Department of Environment and Natural Resources
Division of Coastal a ement
Michael F. Easley, Governor Charles S. Jones, - Ross Jr., Secretary
JUIV 2004May 27, 2004
Col. William Beadling
613 Harborview Drive
Kill Devil Hills, NC 27948
Dear Colonel Beadling:
Morehead City oCM
Re: Objection to the Issuance of CAMA General Permit No. 38123-A
for Boat Lift Installation, in Colington Harbor, Kill Devil HEls,
Dare County
This letter is in response to your objection as a non -adjacent riparian property owner to a permit
request from John Van der Myde for a Boat Lift Installation in Colington Harbor, Dare County.
Tony Zaharias, of the Division of Coastal Management staff, was recently on site to evaluate the
permit applicant's request.
The permit applicant has requested a permit to install a Boat Lift. Under the Coastal Area
Management Act (CAMA), the Coastal Resources Commission (CRC) has established Rules for
General Permits for this type of development that are found in 15A NCAC 07H .1200.
You have notified the Division of Coastal Management of your objections to this proposed
development to me by telephone on May 25, 2004, and in person on May 27, 2004. Your
objections to this proposed development related to navigational access to Albemarle Sound.
Tony Zaharias and I have reviewed your objections, along with all aspects of this development
proposal for consistency with the aforementioned Rules, which describe the CRC's standards
and guidelines for this type of development. Our review of the proposed development has found
it to be consistent with these Rules.
In accordance with 15A NCAC 07H .1204(c), "there shall be no unreasonable interference with
navigation or use of the waters by the public by the existence of piers, docks, and boat houses."
On May 18, 2004, Tony Zaharias investigated the water depth in the channel extending out from
the property owned by Mr. Van der Myde at 101 Juniper Court. The investigation revealed a
consistent water depth extending from the site of the proposed boatlift to the opposite shoreline.
Given the consistent depth across the channel, the Division of Coastal Management concluded
the installation of a boatlift as proposed by Mr. Van der Myde will not obstruct access to
Albemarle Sound. On May 27, 2004, Tony Zaharias again ascertained the relevant water depths
in the vicinity of the project in the presence of Mr. Van der Myde, me, and you. This second
assessment of the navigability of this channel confirmed our earlier conclusions.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 30% Recycled by Fiber Weight

Col. William Beadling
May 27, 2004
Page 2
We have taken repeated steps to assess the impact of the proposed boatlift upon the navigability
of this particular water body, and have concluded that the water depths that exist alongside the
bulkhead where the boat lift is proposed extend well beyond the proposed structure, such that the
waters can be navigated around the boat lift to seek access to the Albemarle Sound. We have
found that the waters immediately to the South of Mr. Van der Myde's property shoal rapidly to
1 foot, or less, depth, and extend this way across the entire water body. While this shoaled area
may pose an impediment to access to the Albemarle Sound from this water body, loss of access
of vessels to the area proposed for the boat lift will have no such effect. Therefore, it has been
concluded that the proposed boat lift will present no unreasonable interference with navigation or
use of the waters by the public
After having given careful consideration to your objections to this proposed development, we
have determined that it is consistent with the Rules of the CRC and the State's Coastal
Management Program, and that all pre -requisites have been satisfied. Therefore, the Division of
Coastal Management issued General Permit No. 38123-A on May 25, 2004 (copy attached) for
the proposed development.
If you wish to appeal this permit decision, you must file a Third Party Hearing Request form
with the Director of the Division of Coastal Management within 20 days of the permit issuance
date. Since you have indicated that you intend to appeal this decision, I am enclosing the form to
be completed.
Please note the three factors listed on this form, which need to be specifically addressed with
additional attachments. This documentation must be served on:
Director, Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
A copy of this documentation needs to be sent to:
Attorney General's Office
Environmental Division
P.O. Box 629
Raleigh, NC 27602-0629
If the Chairman of the Coastal Resources Commission grants a hearing of your appeal, you then
must file a petition for a Contested Case Hearing with the Office of Administrative Hearings
within 20 days of the Chairman's decision. This office can assist you with the forms and
addresses associated with this portion of the process. If the Chairman denies your hearing
request, this decision can be appealed to the Superior Court in the county where the property is
located.

• Col. William Beadling
May 27, 2004
Page 3
If you have any further questions regarding this matter, please do not hesitate to contact Mr.
Tony Zaharias, or me, at this office.
Sincerely,
Ted Sam son
District Manager
Northeast District
TS/yc
cc: Tony Zaharias, Division of Coastal Management, Elizabeth City, NC
Ted Tyndall, Assistant Director, Division of Coastal Management, Morehead City, NC
—Charles S. Jones, Director, Division of Coastal Management, Morehead City, NC
John Van der Myde
Enclosures:
Permit No. 38123A
DCM Form 5: Third Party Hearing Request (3 pages)
Petition for a Contested Case Hearing

;'6CAMA / O DREDGE & FILL
GENERAL PERMIT Previous permit# g732oA
ONew XModification. OComplete Reissue OPartial Reissue Date previous permit issued Mgv (�, , ,z e
As authorized by the State of North Carolina, Department of Environment and Natural Resources
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC 07H. ! "iu o
❑ Rules attached.
Applicant Name -ffOt ^ V*',n a+2r;b+,.c4e
Address erCl'
City �) �IP�iI ��i i�S State ZIP
Phone # 6603 Fax # (_)
Authorized Agent
Affected ❑ CW �,% EW 'd PTA ❑ ES ❑ PTS
AEC(s): ❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A
❑ PWS: ❑ FC:
Project Location: County A; r
Street Address/ State Road/ Lot #(s)
,n, npt C
Subdivision ,! r, tzN 4 ttG r b— i r
City , `IZIP 79//
Phone #—
(Za) 4-1+-)1-4to_3 River Basin Jor4 c
Adj. Wtr. Body 'fit c„n y" el J F Cc r � I (nat lean /unkn)
ORW: yes no PNA yes / no Crit. Hab. yes / rfb
Type of Project/ Activity . n 4c, I) G, 9) `
(Scale: )
Pier (dock) length
Platform(s)
Finger pier(s)
Groin length
number
Bulkhead/ Riprap length
avg distance offshore
max distance offshore
Basin, channel 4 �:7 �
cubic yards
Boat ramp
i
'Boathouse/Boatlift (•� l'�•
Beach Bulldozing
Other
Shoreline Length
SAM not sure yes
Sandbags: not sure yes
Moratorium: yes no
Photos: yes
Waiver Attached: yes no --!
A building permit may be required by: � /� Pey, X/ /6- ❑ See note on back regarding River Basin rules.
Notes/ Special Conditions t cal rr s rj i f � t P <f G } t' �$ M C-u n P X !'t P• c/ L0.> ��
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Agent or Applicant Printed Name
Signature ** Please read compliance statement on back of permit **
4,1,90
ARnli�afitlrl ropkI Check #
Permit Officer's gignatu�re
c�
Issuing Date Expiration Date
Local PlanningJurisdidion Rover File Name