14711_ROBB, JEFF_19960219

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CAMA AND DREDGE AND FILL
GENERAL
PERMIT
as authorized by the State of North Carolina
Department of Environment, Health, and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15A NCAC
Applicant Name Phone Number
Address
City
Project Location (County, State Road, Water Body, etc.)
Type of Project Activity
State
Zip
PROJECT
Pier (dock) length
MEN
Groin length
number
■■ ■■■
*ax.
distance offshore
■
Basin, channel dimensions
�
cubic yards
Boat ramp dimensions
Other
■
This permit is subject to compliance with this application, site
drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine,
imprisonment or civil action; and may cause the permit to be-
come null and void.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
The applicant certifies by signing this permit that 1) this pro -
is consistent with the local land use plan and all local
nances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work.
In issuing this permit the State of North Carolina certifies that
this project is consistent with the North Carolina Coastal
Management Program.
r
applicant's signature
permit officer's signature
z/1
issuing date expiration date
attachments
application fee
r

MICHAEL F. EASLEY
ATTORNEY GENERAL
0
Mr. Fred Simmons
1204 Timber Trail
Emerald Isle, N.C. 28594
f
State. of North Carolina
Cf .:usti('e
P. O. 13(;X (s29
RAI-EWil i
27602-002 )
April 8, 1996
Re: Request for Contested Case .-Tearing
Dear Mr. Simmons:
.J
1
1-
APR 12 1996
p I (,Vf --
REPLY TO: Robin W. Smith
vironm nrl Division
I (919) 733-7
/.;.(919)733-079191
CERTIFIED MAIL
RETjjRN RECEIPT REQUESTED
Enclosed please find a copy o tho order eniered b €: Chairman of the Coastal
Resources Commission denying your -muesz fora fiontes°:.d ca._e hearing to challenge the
issuance of CAMA General Permit No. 1471. i to Mr. Jeff Robb. Yr yu may appeal the Chairman's
decision by filing a petition for judi ia/ review in the superior ccurt of Carteret County within
thirty (30) days after receipt of the Chairman's order. Please note ;hat a copy of any petition
must be served on the agent for service of process foT the Coastal Resources Commission at the
following address:
Mr. Richard Whisnant
General Counsel
Dept. of Environment, Health .:_nd Natural Resources
P.U. Box 27687
Raleigh, N.C. 27611
Barring an order from the supt-aior court staying any development under the permit
pending an appeal, Mr. Robb may proz:eed with construction inunediately.
Please call if you have any questions.
Very Truly Yours,
ley.
W. Smith
.Ass st,•:.nt Attorney General
cc: Jeff Robb
Charles Jones
An Equal Opp^ .E)!lii',

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
IN THE MATTER OF: )
PETITION FOR CONTESTED )
CASE HEARING BY )
FRED SIMMONS )
BEFORE THE CHAIRMAN
COASTAL RESOURCES COMMISSION
96 CMT 3
ORDER
This matter came on before the Chairman of the Coastal Resources Commission as a
request for a contested case hearing pursuant to N.C.G.S. § 113A-121.1 and 15A 71.0301.
Petitioner Fred Simmons sought a contested case hearing to challenge the issuance of CAMA
General Permit No. 14711 to Mr. Jeff Robb, authorizing the construction of a 200 -foot pier, a 12'
X 16' deck and a boatlift topped by a 16'X 30' upper deck.
Upon consideration of the petition for contested case hearing and the recommendation of
the Division of Coastal Management, Department of Environment. Health and Natural
Resources, the Chairman makes the following:
FINDINGS OF FACT
1. CAMA General Permit No. 14711 authorizes development of a 200 -foot long pier
terminating in a 12' X 16' deck; a boatlift topped by a 16' X 30' deck and a walkway connecting
the upper deck with steps that lead to the lower deck.
2. The project site is located at 1210 Timber Trail Drive on Bogue Sound at the east
end of Emerald Isle in Carteret County, North Carolina.
3. The project site is located in the Coastal Wetlands and Estuarine Waters Areas of
Environmental Concern (AECs).

4. The Division of Coastal Management issued CAMA General Permit No. 14711
on February. 19, 1996.
5. Petitioner Fred Simmons owns real property in the vicinity of, although not
immediately adjacent to, the project site. Petitioner's lot, 1204 Timber Trail, is located three lots
away from the project site.
6. Petitioner submitted a Third Parry Hearing Request seeking to challenge the
issuance of CAMA General Permit No. 14711 on March 7, 1996.
7. Petitioner's Hearing Request alleged that the permit was inconsistent with T15A
NCAC 7H.1200 (General Permits for Construction of Piers, Docks and Boat Houses in Estuarine
and Public Trust Waters) because:
a. The permit was issued over objections from Petitioner's neighbors to the permittee, his
contractor and DCM and despite a verbal commitment from the permittee and his contractor not
to proceed until the neighbors' concerns had been addressed;
Sound;
b. The size and height of the boathouse would partially block Petitioners' view of Bogue
c. The pier length is unreasonable because it does not provide the permittee with
significantly greater water depth than would a shorter pier;
d. The pier would interfere with use of a nearby boatramp and made it difficult to
maneuver a small boat into shore;
e. The pier length violates T15A NCAC 7H1205(b) because it extends beyond the
established pier length along the same shoreline for similar use and it would unreasonably
interfere with navigation.

f. Construction of the pier will result in violation of the fifteen foo: setback from adjacent
riparian access lines.
Based on the foregoing Findings of Fact. the undersigned makes the following:
CONCLUSIONS OF LAW
1. Petitioner Fred Simmons has failed to show that he is directly affected by the
permit decision within the meaning of N.C.G.S. § 113A -121.1(b)(2) in that Petitioner's property
is located three lots away from the project site on a shoreline that has no significant curves or
irregularities and Petitioner has identified no impact on use and enjoyment of his property or on
Petitioner's use of public trust resources.
2. Petitioner alleged violations of coastal management statutes and rules sufficient to
comply withN.C.G.S. § 113A -121.1(b)(1).
3. Petitioner has failed to allege facts or make legal arguments that demonstrate that
the hearing request is not frivolous in that:
(a) CAMA statutes and rules do not give adjoining property owners the ability to veto
proposed projects and the mere fact that some of Petitioner's neighbors objected to the project
does not constitute grounds for denying a CAMA General Permit.
(b) The permitted boathouse does not exceed dimensions allowed under coastal
management development standards; the boathouse is within the 500 square foot limitation on
the floor area of a boathouse under Tl 5A 7H.1205 and there is no height restriction in the rules.
(c) The permitted pier does not violate any coastal management statute or rule restricting
piers to the established pier length along the same shoreline for similar use in that the rule
expressly does not apply to piers of 200 feet or less in length. TI 5A 7H. 1205(b).

(d) Petitioner cited no facts in support of the contention that G 200 -foot long pier on
Bogue Sound would unreasonably interfere with navigation or other public uses in violation of
the General Permit standards.
(e) Petitioner cited no facts in support of the contention that the permitted pier will
encroach into the required fifteen -foot setback from the adjacent propem-'s riparian access area.
The plat accompanying the permit application indicates that the Robb lot is approximately 83
feet wide and the pier will be located in the center of the lot on a straight shoreline. Application
of the method set out in T15A 7H.1205(g) for establishing riparian access lines does not indicate
any encroachment into the fifteen -foot setback.
(f) Petitioner did not provide any basis for his contention that construction of the
permitted pier will interfere with use of a boat ramp located 175 feet away-.
Based on the foregoing, the undersigned hereby DENIES Petitioner's request for a
contested case hearing concerning CAMA General Permit No. 1471.
This the day of April, 1996.
Eugene B. Tomlinson, Jr., Chairman
Coastal Resources Commission

MICHAEL F. EASLEY
ATTORNEY GENERAL
Mr. Jeff Robb
Route 1, Box 102
Greenville, N.C. 27835
Mr. Scott Grafton
Grafton Marine Construction
105 Sea Horse Drive
Swansboro, N.C. 28584
State of North Carolina
Department of Justice
P. O. BOX 629
RALEIGH
27602-0629
March 12, 1996
Re: Suspension of CAMA General Permit No. 1471 i
Dear Messrs. Robb and Grafton:
711
EavironmcnulD� v��R�sppp��
TR+(s�i4y�f3�',57J5
Fu.[phone]
The Chairman of the Coastal Resources Commission =zas received several hearing
requests seeking to appeal the issuance of CAMA General Permit No. 14711. Hearing requests
have been received from Victor and Gloria Jiminez, Richard and Thelma Brauns and Fred
Simmons. Under N.C.G.S. § 113A-121.1, the permit is automatically suspended on receipt of a
hearing request and remains suspended until either the Chair_-nan denies the hearing request
(under standards set out in the statute) or vj,.til there is a final Coastal Resources Commission
decision on the permit appeal if the hearing request is granted. I have enclosed a copy of the
statute.
As a result, no development may be undertaken under the permit until further notice. The
Division of Coastal Management will orep?ure a recommendation for the Chairman on whether to
grant or deny the hearing requests. The Chairman must make a decision within 15 days after
receipt of the hearing request - in this case no later than March 22, 1996. If you wish to submit
any materials for the Chairman's cons.deration in ruling on the :requests for contested case
hearing, please send them to me at the letterhead address or by FAX to [phone] as soon
as possible.
If the Chairman grants any of t.1-- hearing requests, the permit will remain suspended until
there has been a hearing conducted by the 1--, fice of Administrative Hearings and then a final
decision by the Coastal Resources Commission based on the evidence presented in the hearing.
An Equal c �I:;,omll0ly
-OD,
/ Affirmative Action Employer I

Please call if you have any questions.
Very Truly Yours,
Robin W. Smith
Assistant Attorney General
cc: Jim Mercer
Amy Gillespie

MAR -15-196 FRI 13:38 ID:ANESTHESIA TEL NO:816-6271 #527 P01
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GRAFTON MARINE CONSTRUCTION
105 SEAHORSE DRIVE PH. 919-393-6137
SWANSBORO, N.C. 28584
PAY ?TO THE /�
ORDER OF � bW
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Centura Bank..
/"1 Cape Carteret, /NC 28584
FOR G il/� "-'f + //�
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11100002L,53111 l:0 5 3 1008 501:0 2a 20 2 3 680111
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F
GRAFTON NtL RI_NE C'ONBTRL'CTION
201 BLiCKS CORNER
SNVANSBORO, N.C. 28584
[phone]
Re. proposed dock( 1210 'Timber Trait Drive /Jeff Robb)
DOCK SPECS.
200' OVERALL LENGTH FROM HWM
WALKWAY 188' X 6' IN WIDTH
12'X 16' SITTING AREA
16'X 30' OVERHEAD DECK WITH
LIFT BELOW
CATWALK AROUND LIFT AREA
22 FT FROM
-__ STAIRS LEADING; TO UPPER. DECK
-- ONNECTING WALK TO UPPER DECK
- 22 FT FROM LINE
36 FT WIDTH
82.95 feet between computed points
!�V/VC-9-7 A,021�� Z6 OC -
SIGNATURE)( � DATE
SIGNATURI: D_1TE 7 r

CR: t FTO. ' 4RI\T COA-STRt "CTIOV
145 SEA HORSE DRIVE
SWAiNSBORO, NC 28584
[phone]
FAX [phone]-
ADJAUP T RIPARIAN PRUPERTY U'\\. \ER
T hereby certify that I own property., adjacent to Jeff Robb s
located at 1210 Timber Trail Drive or.
( LOT, BLOCK. ROAD, ETC.)
Bouge Sound
----- -------------------
(WATER BODY)
Emeral d Isl e NORTIT CAROU a
(TONNA _VND/ OR COUNTY)
Property owner has decribed to me the proposed development as shown in dra %,,ing.
I _ _ object to proposed project.
(DO) (DO NOT)
I understand that a pier must be set back a inininium distance of fifteen (15) fact from inti
area of riparian ate; ess unless v.,-atiied by me.
I _ _ _ ,vish to «naive that setback requirement.
(DO) (DO NOT)
DESCRIPTION OF DR NVENG (MUST BE FILLED Itis
( PIER
BOAT y�LIFT
BUI,KHEM)
LIFTIDECK OVERIIEAD
LIFVROOF OVERHEAI)
(SIG`:
x_DAV I D- & t_J® N C-5
(NAIVE) PRIM' —
(PHON NU1 MER )
j FOR PROPERTY 011 N 1{'R L'SE )
Jeff Robb
(1`
Rt 1 Box 102
Greenville, NC 27835
(CITY, S f A I E. /IP C(.)DE)
(919J-830-6186
(HOME PHO\E)

6
GRAFTON N ARINE C'ONS'TRITC'TION
201 BUCKS CORNER
SWANSBORO, N.C. 28584
(A1Q'A3Q3_61a7
Re. proposed clock ( 1210 Timber Trail Drive /.Jeff Robb)
.1.(e_ k -- lCa Zo0*Ar
i
i- - STAIRS LEADING TO UPPER DECK
' ONNECTING WALK TO UPPER DI=CK
DOCK SPECS.
200' OVERALL LENGTH FROM HWN
WALKWAY 1 88' X 6' IN WIDTH
12'X 16' SITTING AREA
16'X 30' OVERHEAD DECK WITH
LIFT BELOW
CATWALK AROUND LIFT AREA
22 FT FROM LINE
r --
- 22 FT FROM LINE
-36 FT WIDTH
82.95 feet between computed points
GRAFTON-NIARINE CONSTRI TCTION
201 BUCKS CORNER
SWAT SBORO, N.C. 2858.1
[phone]
Re. proposed dock ( 1210 Timber Trail Drive J Jeff Robb)
DOCK SPECS.
200' OVERALL LENGTH FROM HWM
WALKWAY 1 88' X G' IN WIDTH
12' X 16' SITTING AREA
16'X 30' OVERHEAD DECK WITH
LIFT BELOW
CATWALK AROUND LIFT AREA
22 FT FROM LINE
STAIRS LEADING TO UPPER DECK
CONNECTING WALK TO UPPER DECK
22 FT FROM LINE
36 FT WIDTH

FEB 26 '96 17=22 FR
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FEB 26 196 17=22 FR 4074438771 TO 919192473330 P.03
7330 Andorra Place
Baca Raton, LCL 33433
February 5, 199+6
Mr. Jeff Robb
Route 1, Box 1.02
Greenville, VC 27835
Mr. Scott Grafton
Grafton Marine construction
105 Sea Horse Drive
swansboro, We 28564
subject: Pier/nack-overhead Lift and Root
property of .Jeff Robb - Timber Trail, Emerald Isle
Bear Jeff and Scott* -
1. We do not wish to waive the fifteen (15) feet setback frown our area
of riparian access.
2. The information provided is inadequate for -us to fully understand
ghat you are proposincj. Please provide additional drawings
Bhowing:
r
a. actual elevation$ and views of the proposed structure from
each side,
b. the height of the structure from the mean high tide,
C. the total number of square feet of deck area,
d. the height of the structure with reference to the elevation of
the dune at the shore line and
e. the exact location of our 15 foot riparian access area.
The drawing you have provided is difficult to understand. It was only
after we spoke to each of you that we think we gained come understanding
of what you are proposing to build, but not enough to fully comprehend
the impact of the proposed structure on the enjoyment of our home.
We therefore request that the project not go forward until such time as
you have provided this information and you have allayed any concerns we
may have on this subject.
Sincerely#
victor J. Jimenez Gloria X. Jimenez
CC; Mr, Charles Piggott
LAMA
P.O. Box 769
Morehead City, DJC 28557
** TOTAL PRCE.03 **

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• DEPARTMENT OF ENVIRONMENT, HEALTH & NA'T'URAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
MOREHEAD CITY OFFICE
3441 ARENDELL STREET, MARINE FISHERIES BUILDING
P. 0. BOX 769
MOREHEAD CITY, NC 28557
OFFICE:
• TELEPHONE #: OC) � �L/3 ./ 2 V-,� FAX #: r�d ; / 3
FROM: —-�
OFFICE: r� J
TELEPHONE #: I9191 726-70021. Ext. # FAX #: x9191 247-3330
DATE: �l� 2!ri ! 6
0 TOTAL NUMBER OF PAGES INCLUDING COVER SHEET:

State of North Carolina
Department of Environment,
Health and Natural Resources • •
• Division of Coastal Management
James B. Hunt, Jr., Governor C) F
Jonathan B. Howes, Secretary C
Roger N. Schecter, Director
MEMORANDUM:
TO: District Managers/LPOs
FROM: Preston Pate
SUBJECT: Third Party Appeal Criteria
• DATE: September 7, 1995
•
The General Assembly approved in its last session an amendment to
the CAMA changing the criteria that must be met to qualify for a
third party appeal. Attached is an updated version of DCM Form 5
that reflects the change. The third criterion is the one that was
amended.
Please discard your copy of the old form and begin using the new
one immediately. Please call either me or your local office if you
have any questions.
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 60% recycled/ 10% post -consumer paper

DEPARTMENT OF ENVIRONMENT, HEALTH & NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
:00
MOREHEAD CITY OFFICE
3441 ARENDELL STREET, MARINE FISHERIES BUILDING
P. O. BOX 769
MOREHEAD CITY, NC 28557
OFFICE:
TELEPHONE #: [ 1 FAX #:
FROM: 14veex--
OFFICE. //),/Z JC'
TELEPHONE #: [9191726-7021, Ext. # FAX #: [9191 247-3330
DATE:
an
TOTAL NUMBER OF PAGES INCLUDING COVER SHEET:

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4) return this card to you.
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i
W
)' does not permit.
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.,
number.
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G.
� • The Return Receipt will show to whom the article was delivered
j c, delivered. •
and the date
Consult postmaster for fee.
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7. Date of Delivery;
W5.
• Signature (Addressee)
8. Addressee's Address (Only if requested Y
and fee is paid)
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6. Signature (Agent)
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N PS Form 3811, December 1991 *U.S.GPO:1992-323.402 DOMESTIC RETURN RECEIPT

GR.%FT0N,NLA-RlNE cutis rKr c: rrc�
201 Bt--i(-'KS U)ft"ER
Re. proposed dock- ( 1=10 J*imberl-rail Drive / Jeff' Robb)
D 0 C K SPEC
200' OVERALL LENGTH FROM HWM--==
WA' rNAY 3 03' X 6' 1N W1DTH
1 x 15! 5 11', IG A R E.A
6'X 30' OVERHELAD DECK WITH
LIFT 8ELOW
CATWALK AROUND LIFT AF -(E,,'-.
•
22 FT F R 0 M L. I N rE
fr-
STAIRS LEADING TO (JPPFR DECK
C1,11NECTING VAALK TO LIPPER DECK
22 ff FROM LINE
02.95 feel between computed politits

•
IU� SLt IILiiiy i i:1\_L
SX1.-kNSBOW), '`(: 28`..x4
(`�� 9 )3�►3-613''
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Jeff Robb
1210 Timber Trail Drive
Bou e Sound r7 . !-'A
g---------- u. Emerald Isle _" -.r
- — tWATER BODY) ( OV'k _N _L`.D./ OR L'ui.=1TY)
i.1 11
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I --- - --f _ ol,ject to pi-oposed project.
(DO) (DO NOT)
i it aderst nil that it wi:i' TRUST be set li. cl"— 7 1'CLIn ilUTil UVLi LTl; Ji
area -�f riparian unEt s wzmcd b%- me. `
(Do) (DOI N011
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\"AN&. r PRINT
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( FQI( PRO PEit ii .0"I \ ER [-S.1',';
_Jeff Robb
il.k-N F,
Rt 1 Box 102
(X L I ILINkt 'T
Greenville, NC 27835
S.1. \1.L /.ITS --
(9191-830-6186
(1110 IE PHt_)X F )

M41 SENDER:
y1 • Complete items 1 and/or 2 for additional services.
I also wish to receive the
4) • Complete items 3, and 4a & b.
following services (for an extra
41
• Print your name and address on the reverse of this form
so that we canU
fee):
return this card to you.
m • Attach this form to the front of the mailpiece, or on the back if space
1. ❑ Addressee's Address
`
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does not permit.
r • Write "Return Receipt Requested" the below
.. queson te maece ow the article number.
2. Restricted Delivery ❑
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• The Return Receipt will show to whom the article was delivered and the date
c delivered.
Consult postmaster for fee.
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7. Date of Delivery
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HPS Form 3811, December 1991 *U.S. GPO: DOMESTIC RETURN RECEIPT

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7330 Andorra Place
Boca Raton, FL 33433
February 5, 1996
Mr. Jeff Robb
Route 1, Box 102
Greenville, NC 27835
Mr. Scott Grafton
Grafton Marine Construction
105 Sea Horse Drive
Swansboro, NC 28584
Subject: Pier/Deck-Overhead Lift and Roof
Property of Jeff Robb - Timber Trail, Emerald Isle
Dear Jeff and Scott:
1. We do not wish to waive the fifteen (15) feet setback from our area
of riparian access.
2. The information provided is inadequate for us to fully understand.
what you are proposing. Please provide additional drawings
showing:
a. actual elevations and views of the proposed structure from
The drawing you have provided is difficult to understand. It was only
after we spoke to each of you that we think we gained some understanding
of what you are proposing to build, but not enough to fully comprehend
the impact of the proposed structure on the enjoyment of our home.
We therefore request that the project not go forward until such time as
you have provided this information and you have allayed any concerns we
may have on this subject.
Sincerely,
victor J. Jimenez
cc: Mr. Charles Piggott
CAMA
P.O. Box 769
Morehead City, NC 28557
S) `Jppi r -, N " ) — -Lo
Gloria M. Jimenez
each
side,
b.
the
height of the structure
from the mean high tide,
C.
the
total number of square
feet of deck area,
d.
the
height of the structure
with reference to the elevation of
the
dune at the shore line
and
e.
the
exact location of our 15
foot riparian access area.
The drawing you have provided is difficult to understand. It was only
after we spoke to each of you that we think we gained some understanding
of what you are proposing to build, but not enough to fully comprehend
the impact of the proposed structure on the enjoyment of our home.
We therefore request that the project not go forward until such time as
you have provided this information and you have allayed any concerns we
may have on this subject.
Sincerely,
victor J. Jimenez
cc: Mr. Charles Piggott
CAMA
P.O. Box 769
Morehead City, NC 28557
S) `Jppi r -, N " ) — -Lo
Gloria M. Jimenez

FEB -26-1996 15=33 FROM DCM MOREHERD 919 247 3330 70 14874438771 P.03
DCM FORM 5
PETITIONER'S NAME
COUNTY
FILE NUMBER
one) :
J m r z +� y C� 6- j- v t; THIRD PARTY HEARING
T
ca t� Q r`e� . CAMAWP
(Petitioner leave blank)
a
w+.»...».0 00 0 0000......+ws
PLEASE TAKE NOTE that the undersigned, a person affected by the decision of (check
a Local Permit Officer acting on a CAMA Minor Development Permit
Application; or,
✓ The Division of Coastal Management, Department of Environment, Health, and
Natural Resources and Community Development, actino on a CAMA Major
Development Permit Application �5-e Q cZ c ok"
hereby r uests permission from the Coastal Resources Commission to file an appeal pursuant
to G.S. 113A -121.1(b).
Requests are reviewed by the Chairman of the Coastal Resources Commission to
determine whether a hearing should be granted. The determination of whether to grant a hearing
is in the sole discretion of the Chairman. [15A NCAC 7J.0301(b))
Factors considered by the Chairman in determining whether to grant a hearing are as
follows: (You must address these factors before your Request will be reviewed.)
(a) Whether the permit decision was contrary to any applicable statute or regulation.
[G.S. I I3A-12.1.1(b)(1)]. Please set out below the statute or regulation allegedly
violated by the permit decision.
(b) Whether'the Petitioner is directly affected by the permit decision. [G. S. 113A -
121.1(b)(2)]. Persons directly affected by a decision include, but are not limited
to:
(1) any owner of real property in the vicinity of the property to be developed
who can show that the proposed development is likely to have a significant
adverse effect on the value and enjoyment of his property; and,
(2) any person who can demonstrate a history of substantial use of the public
resources in the area directly affected by the development when the
development is within or touches upon an area subject to the public trust.
Please state below in what way you are a person directly affected by the
permit decision.
1�� oz, a7H-a
�k -'�A Ju r -z- �

FEB -26-1996 15:33 FROM DCM MOREHERD 919 247 3330 TO 14074438771 P.04
-2-
(c) Whether the Petitioner has alleged facts or made legal arguments that
deomonstrate that the request for the hearing is not frivolous. [G.S. 113A -
121.1(b)(3)]. Summarize the evidence you will present at a hearing in support
of your appeal.
Date
Name -of Petition
Signature
Address
City State Zip
Telephone Number ,
i -f v "? - 'Ll '-/ '--'s
NATE: Denial of a request for hearing is a final decision which may be appealed
under G.S. 113A -121.1(b) and Chapter 150B, Article 4.
NOTE: A Hearing Request involving a CAMA Minor Development Permit must
include a Verification by the Local Permit Officer that there has been a
final decision by the local government on the Permit Application. (15A
NCAC 7J.0302) (A copy of the permit decision attached to this form will
constitute Verification.)
NOTE: This Request must be filed with the Director, Division of Coastal
Management, within twenty (20) days after the decision by the Local
Permit Officer or the Division of Coastal Management. Failure to do so
constitutes waiver of the right to request a hearing. 115 NCAC 7J.0302(b)]
The original Hearing Request should be filed with the:
Director, Division of Coastal Management
Post Office Box 27687
Raleigh, North Carolina 27611-7687

�C�_
IN SUPPORT OF THE PETITION OF Victor and Gloria Jimenez
for a THIRD PARTY HEARING REQUEST ON a CAMA PERMIT DECISION
The permit decision was contrary to Section .1200 General Permit
for Construction of Piers: Docks: and Boat Houses in Estuarine and
Pulic Trust Waters because:
a. the permit was issued to Jeff Robb even though comments had been filed
with the applicant, his contrctor and CAMA as required by Section 1202.b.
A copy of the letter of comment and the return receipt signed by Jeff Robb,
indicating that he received the letter of comment on February 12th, seven days
before the permit was issued, are attached hereto.In addition petitioners
had called the Applicant and his contractor and received a verbal promise not
to proceed until Petitioners' concerns had been addressed. Also CAMA's Charles
Piggott had been advised of our concerns by telephone shortly after the notice
was received from the Applicant.
b. The Petitioners are owners of real property adjacent to the property of
the Applicant. Petitioners believe that the proposed pier and boathouse would
severely impact the value and enjoyment of our property because:
-The sheer size of the boathouse, square footage and height...over 2
stories... would be a blight on the scenic and recreational values of
our property in that the view of the sound from our property would be
marred and significantly blocked by the structure; Our present view of
the beautiful Bogue Sound sunsets would be denied to us forever.
- the 200' length of the pier is unreasonable in that its length cannot
be justified since it would not provide even a foot more of water than
a pier a fraction of the length proposed;
- the sheer length of the pier could make it very difficult and
dangerous to manuever a small sailboat or windsurfer to and from our
property and violates Section .1205(b) because it extends beyond the
established pier length along the same shoreline for similar use ...and
it would provide unreasonable intereference with navigation.
- because of the contour of the shoreline we believe that our 15' riparian
rights set back is in danger of being violated.
c. the Petitioners have made valid legal arguments and are prepared to show
at the hearing how the proposed structure would violate the statute
and the N.C. Administrative Code.

FEB -26-1996 15:3:3 FROM DCM MOREHERD 919 247 3330 TO 14074438771 P.05
-3-
CERTIFICATE OF SERVICE
I hereby certify that a copy of this Third Party Hearing Request has been served on the
following by depositing a copy of it with the United States Postal Service with sufficient postage
or by personally delivering it to:
Attorney General's Office
Environmental Section
P. O. Box 629
Raleigh, NC 27602-0629
This the 2 g qday of 19
�(
Signature of Pedfilifi& or -A nomey
REVISED: September 6, 1995

P 337 347 165
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for Intematinnal Mail rSaa ravarcai
P 337 347 151'
US Postai Service
Receipt for Certified Mail
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■ Complete Rams 1 and/or 2 for additional services.
■Complete items 3, 4a, and 4b.
P d Office, State, & ZIP C�
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■ Complete Rams 1 and/or 2 for additional services.
■Complete items 3, 4a, and 4b.
I also Wish to receive the
■ Print your name and address on the reverse of this form so
to you.
that we can return this following services (for an
acard
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•
extra fee):
f space does not 1. ❑ Addressee's Address
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PS Form1, 1 94
omestic Return Receipt

State of North Carolina
Department of Environment,
Health and Natural Resources XT1.W;WA •
Division of Coastal Management a
James B. Hunt, Jr., Governorp E H N F�
Jonathan B, Howes, Secretary
Roger N. Schecter, Director
February 20, 1996
Mr. Victor J. Jimenez
7330 Andorro Place
Boca Raton, Florida 33433
Re: CAMA General Permit Issued
Mr. Jeff Robb
Dear Mr. Jimenez:
This letter is to advise you that on February 19, I issued a CAMA
General Permit #1411 to Mr. Jeff Robb for the construction of a
private pier and a roof covered boat house for his property on
Bogue Sound at 1210 Timber Trail Drive in Emerald Isle. A copy of
that permit and the administrative regulation 7H .1100 are enclosed
for your consideration. After a careful review of the project and
of your concerns for the roof covered structure, I determined the
application request to be consistent with the regulation and the
permit was issued. Mr. Scott Grafton, the contractor, indicated
that he would not build the roof covered structure until you had
the opportunity to visit the site and discuss with Mr. Rob possible
refinements. My purpose in writing is to advise you that if you
want request an appeal the permit decision, you have 20 days, from
the date of permit issuance to do so.
Please contact me and I can provide you with the appropriate
documents to make your request to the Chairman of the Coastal
Resources Commission.
Sincer y,
James L. Mercer
cc: Charles S. Jones
—Preston P. Pate, Jr. --
Scott McLendon, COE
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier I11-12-09
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 60% recycled/ 10% post -consumer paper

r�r
Applicant Name
Address1
City
Project Location
ect Activ
CAMA AND DREDGE AND FILL
GENERAL7'4"�i
O
PERMIT Z2, �� S
as authorized by the State of North Carolina n
Department of Environment, Health, and Natural Resources and the �6as I eso c �q lssion
in an area of environmental concern pursuant to 15A NCAC / .� �/
Phone mmmr _ _ Q
"" zlel State _
nty, State oad, Water B�°dy etc.
,e- /
Zip
PROJECT DESCRIPTION
Pier (dock) length12 r
SKETCH ,�
I II
/, % ,C (SCALE: )
!
Groin length
number(—
Bulkhead len 8�
ax. distance offshore
4
Basin, channel dimensions
I i I I I i
—
_� ; t {
— r{ { I {
cubic yards
T
Boat ramp dimensions
� i � I{ _
Other
f
his permit is subject to compliance with this application, site
drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine,
imprisonment or civil action; and may cause the permit to be-
come null and void.
This permit must be on the project site and accessible to the -
permit officer when the project is inspected for compliance.
bT e applicant certifies by signing this permit that 1) this pro-
fs consistent with the local land use plan and all local
antes, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work.
In issuing this permit the State of North Carolina certifies that
this project is consistent with the North Carolina .Coastal
VlanagemPnt Prnar­

EHNR - COASTAL AL4NAGEAfENT TISA: 07H .1200
SECTION .1200 - GENERAL PERMIT FOR CONSTRUCTION OF PIERS: DOCKS: AND
• BOAT HOUSES LN ESTUARINE AND PUBLIC TRUST RATERS
.1201 PURPOSE
This permit will allow the construction of new piers, docks, and boat houses in the estuarine and public trust
waters AECs and construction of new piers and docks within coastal wetlands AECs according to the authority
provided in Subcbapt.er 7J A 100 and according to the following guidelines. This permit will not apply to the
Ocean Hazard AEC.
History Note: Statutory Authority G. S. 113A -107(a); 113A -107(b); 113A -113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984.
.1202 APPROVAL PROCEDURES
(a) The applicant must contact the Division of Coastal Management and complete an application form
requesting approval for development. The applicant &hall provide information on site location, dimensions
of the project area, and his name and address.
(b) The applicant must provide:
(1) confirmation that s written statement has been obtained signed by the adjacent riparian property
owners indicating that they have no objections to the proposed worm; or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the
proposed work. Such notice should instruct adjacent property owners to provide any comments
on the proposed development in writing for consideration by permitting officials to the Division
of Coastal Management within ten days of receipt of the notice, and, indicate that no response will
be interpreted as no objection. DCM staff will review all comments and determine, based on their
relevance to the potential impacts of the proposed project, if the proposed project can be approved
by a General Permit. If DCM staff finds that the comments are worthy of more in-depth review,
• the applicant will be notified that he must submit an application for a major development permit.
(c) Approval of individual projects will be acknowledged in writing by the Division of Coastal Management
and the applicant shall be provided a copy of this Section.
History, Note: Statutory Authority, G. S. 113A -107(a); 113A -107(b); 113A -113(b); 113A-118.1; 113A-124,-
Eff. March 1, 1984;
Amended £ff. January 1, 1950.
.1203 PEkN1rT FEE
The applicant must pay a permit fee of fifty dollars ($50.00) by check or money order payable to the
Department.
History Note: Statutory Authority G.S. 113A -107(a); 113A -107(b); 113A -113(b); 113A-118.1; 113A-119,•
113A-124;
Eff March 1, 1984;
Amended Eff. March 1, 1991.
.1204 GENERAL CON'DMONS
(a) Structures authorized by this permit shall be non-commercial structures conforming to the standards
herein.
(b) Individuals shall allow authorized representatives of the Department of Environment, Health, and
Natural Resources to make periodic inspections at any time deemed necessary in order to be sure that the
activity being performed under the authority of this general permit is in accordance with the terms and
conditions prescribed herein.
(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.
NORTH CAROLINA ADm1AJS77RAT1VE CODE 06/29/94 Page 1

EH'1'R - COASTAL MA.VAGEMENT TI SA: 07H.1200
(d) This general permit will not be applicable to proposed construction when the Department determines, •
after any necessary investigations, that the proposed activity would adversely affect areas which possess
historic, cultural, scenic, conservation or recreational values.
(e) This general permit will not be applicable to proposed construction where the Department believes that
the proposed activity might significantly affect the quality of the human environment, or unnecessarily
endanger adjoining properties. In those cases, individual permit applications and review of the proposed
project will be required according to ISA NCAC W.
(f) This permit does not eliminate the need to obtain any other required state, local, or federal authorization.
(g) Development carried out under this permit must be consistent with all local requirements, AEC
Guidelines, and local land use plans current at the time of authorization.
History Note: Statutory Authority G. S. 113A -107(a); 113A -107(b); IMA -113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984;
Amended Eff. May 1, 1990;
RRC Objection due to ambiguity Eff. May 19, 1994;
Amended Eff. July 1, 1994.
.1205 SPECIFIC CONDITIONS
(a) Piers, docks, and boat houses may extend or be located up to a maximum of 400 feu from the mean
high water contour line, or the normal water level, whichever is applicable.
(b) Piers, docks, and boat houses shall not extend beyond the established pier length along the same
shoreline for similar use. This restriction shall not apply to piers 200 feet or less in length unless necessary
to avoid unreasonable interference with navigation or other uses of the waters by the public.
(c) Piers and docks shall be elevated over coastal wetlands and shall not exceed 6 feet in width.
(d) Boat houses shall have open sides and have a floor area not to exceed 500 square feet.
(e) Piers alignments along federally maintained channels must meet Corps of Engineers guidelines. •
(f) Piers, docks, and boat houses shall in no case extend more than 1/3 the width of a natural water body
or man-made canal or basin.
(g) Piers, docks and boat houses shall not interfere with the access to any riparian property, and shall have
a minimum setback of 15 feu between any part of the pier and the adjacent property lines extended into the
water at the points that they intersect the shoreline. The minimum setbacks provided in the rule may be
waived by the written agreement of the adjacent riparian owner(s), or when two adjoining riparian owners are
co -applicants. Should the adjacent property be sold before construction of the pier commences, the applicant
shall obtain a written agreement with the new owner waiving the minimum setback and submit it to the
Division of Coastal Management prior to initiating any development of the pier, dock, or boat house. The
line of division of areas of riparian access shall be established by drawing a line along the channel or deep
water in front of the property, then drawing a line perpendicular to the line of the channel so that it intersects
with the shore at the point the upland property line meets the water's edge.
(h) Piers and docks may have "T" heads or platforms not exceeding 500 square feu built at their waterward
end and not covering any vegetated wetland arm.
(i) For all new or replacement floating facilities, flotation units shall be constructed of material which will
not become waterlogged or sink when punctured.
0) This general permit is not applicable on ocean beaches.
(k) Piers, and mooring facilities shall be designed to provide docking space for no more than 4 boats.
0) Docks and piers shall not significantly interfere with shellfish franchises or leases. Applicants for
authorization to construct a dock or pier shall provide notice of the permit application to the owner of any part
of a shellfish franchise or lease over which the proposed dock or pier would extend.
History Note: Statutory Authority G. S. 113A -107(a); 113A -107(b); 113A -113(b); 113A-118.1; 113A-124,-
Eff.
13A-124;Eff. March 1, 1984;
Amended Eff. December 1, 1991; May 1, 1990; March 1, 1990;
RRC Objection due to ambiguity Eff. March 18, 1993; •
Amended Eff. April 23, 1993.
NORTH CAROLINA ADMINISTX4= CODE 06129194 Page 2

EHNR - COASTAL MAVAGEMENT T1SA: 07H.1200
(d) This general permit will not be applicable to proposed construction when the Department determines,
after any necessary investigations, that the proposed activity would adversely affect areas which possess
historic, cultural, scenic, conservation or recreational values.
(e) This general permit will not be applicable to proposed construction where the Department believes that
the proposed activity might significantly affect the quality of the human environment, or unnecessarily
endanger adjoining properties. In those cases, individual permit applications and review of the proposed
project will be required according to 15A NCAC 71.
(f) This permit does not eliminate the need to obtain any other required state, local, or federal authorization.
(g) Development carried out under this permit must be consistent with all local requirements, AEC
Guidelines, and local land use plans current at the time of authorization.
History Note: Statutory Authority G.S. 113A -107(a); 113A -107(b); 113A -113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984;
Amended Eff. May 1, 1990;
RRC Objection due to ambiguity Eff. May 19, 1994;
Amended Eff. July 1, 1994.
.1205 SPECIFIC CONDITIONS
(a) Piers, docks, and boat houses may extend or be located up to a maximum of 400 feet from the mean
high water contour line, or the normal water level, whichever is applicable.
(b) Piers, docks, and boat houses shall not extend beyond the established pier length along the same
shoreline for similar use. This restriction shall not apply to piers 200 feet or less in length unless necessary
to avoid unreasonable interference with navigation or other uses of the waters by the public.
(c) Piers and docks shall be elevated over coastal wetlands and shall not exceed 6 feet in width.
(d) Boat houses shall have open sides and have a floor area not to exceed 500 square feet.
• (e) Piers alignments along federally maintained channels must meet Corps of Engineers guidelines.
(f) Piers, docks, and boat houses shall in no case extend more than 1/3 the width of a natural water body
or man-made canal or basin.
(g) Piers, docks and boat houses shall not interfere with the access to any riparian property, and shall have
a minimum setback of 15 feet between any part of the pier and the adjacent property lines extended into the
water at the points that they intersect the shoreline. The minimum setbacks provided in the rule may be
waived by the written agreement of the adjacent riparian owner(s), or when two adjoining riparian owners are
co -applicants. Should the adjacent property be sold before construction of the pier commences, the applicant
shall obtain a written agreement with the new owner waiving the minimum setback and submit it to the
Division of Coastal Management prior to initiating any development of the pier, dock, or boat house. The
line of division of areas of riparian access shall be established by drawing a line along the channel or deep
water in front of the property, then drawing a line perpendicular to the line of the channel so that it intersects
with the shore at the point the upland property line meets the water's edge.
(h) Piers and docks may have "T" heads or platforms not exceeding 500 square feet built at their waterward
end and not covering any vegetated wetland areas.
(i) For all new or replacement floating facilities, flotation units shall be constructed of material which will
not become waterlogged or sink when punctured.
0) This general permit is not applicable on ocean beaches.
(k) Piers, and mooring facilities shall be designed to provide docking space for no more than 4 boats.
0) Docks and piers shall not significantly interfere with shellfish franchises or leases. Applicants for
authorization to construct a dock or pier shall provide notice of the permit application to the owner of any part
of a shellfish franchise or lease over which the proposed dock or pier would extend.
History Note: Statutory Authority G.S. 113A -107(a); 113A -107(b); 113A -113(b); 113A-118.1; 113A-124,-
Eff.
13A-124;Eff. March 1, 1984;
Amended Eff. December 1, 1991; May 1, 1990; March 1, 1990;
RRC Objection due to ambiguity Eff. March 18, 1993;
Amended Eff. April 23, 1993.
NORTH CAROLINA ADMINISTRATIVE CODE 06129194 Page 2

EHNR - COASTAL MAA`AGEAfENT TISA: 07H.1200
SECTION .1200 - GENERAL PER.NTTT FOR CONSTRUCTION OF PIERS: DOCKS: AND
BOAT HOUSES Vi ESTUARINE AND PUBLIC TRUST RATERS S
.1201 PURPOSE
This permit will allow the construction of new piers, docks, and boat houses in the estuarine and public trust
waters AECs and construction of new piers and docks within coastal wetlands AECs according to the authority
provided in S-tbchapter 7J .1100 and according to the following guidelines. This permit will not apply to the
Ocean Hazard AEC.
History Note: Statutory Authority G. S. 113A -107(a); 113A -107(b); 113A -113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984.
.1202 APPROVAL PROCEDURES
(a) The applicant must contact the Division of Coastal Management and complete an application form
requesting approval for development. The applicant shall provide information on site location, dimensions
of the project area, and his name and address.
(b) The applicant must provide:
(1) confirmation that a written statement has been obtained signed by the adjacent riparian property
owners indicating that they have no objections to the proposed work; or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the
proposed work. Such notice should instruct adjacent property owners to provide any comments
on the proposed development in writing for consideration by permitting officials to the Division
of Coastal Management within ten days of receipt of the notice, and, indicate that no response will
be interpreted as no objection. DCM staff will review all comments and determine, based on their
relevance to the potential impacts of the proposed project, if the proposed project can be approved
by a General Permit. If DCM staff finds that the comments are worthy of more in-depth review, •
the applicant will be notified that be must submit an application for a major development permit.
(c) Approval of individual projects will be acknowledged in writing by the Division of Coastal Management
and the applicant shall be provided a copy of this Section.
History Note: Statutory Authority G. S. 113A -107(a); 113A -107(b); 113A -113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984,
Amended £ff January 1, 1990.
.1203 PERNUT FEE
The applicant must pay a permit fee of fifty dollars ($50.00) by check or money order payable to the
Department.
History Note: Statutory Authority G. S. 113A -107(a); 113A -107(b); 113A -113(b); 113A-118.1; 113A-119,•
113A-124;
Eff. March 1, 1984;
Amended Eff. March 1, 1991.
.1204 GENERAL CONDITIONS
(a) Structures authorized by this permit shall be non-commercial structures conforming to the standards
herein.
(b) Individuals shall allow authorized representatives of the Department of Environment, Health, and
Natural Resources to make periodic inspections at any time deemed necessary in order to be sure that the
activity being performed under the authority of this general permit is in accordance with the terms and
conditions prescribed herein.
(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. •
NORTH CAROLINA ADMIAISTRATIVE CODE 06129194 Page 1

DCM FORM 5
• PETITIONER'S NAME
COUNTY
FILE NUMBER
one):
THIRD PARTY HEARING
REQUEST ON
CAMA PERMIT DECISION
(Petitioner leave blank)
PLEASE TAKE NOTE that the undersigned, a person affected by the decision of (check
a Local Permit Officer acting on a CAMA Minor Development Permit
Application; or,
The Division of Coastal Management, Department of Environment, Health, and
Natural Resources and Community Development, acting on a CAMA Major
Development Permit Application
hereby r uests permission from the Coastal Resources Commission to file an appeal pursuant
to G.S. 113A -121.1(b).
Requests are reviewed by the Chairman of the Coastal Resources Commission to
• determine whether a hearing should be granted. The determination of whether to grant a hearing
is in the sole discretion of the Chairman. [15A NCAC 7J.0301(b)]
Factors considered by the Chairman in determining whether to grant a hearing are as
follows: (You must address these factors before your Request will be reviewed.)
(a) Whether the permit decision was contrary to any applicable statute or regulation.
[G.S. 113A-12.1. l(b)(1)]. Please set out below the statute or regulation allegedly
violated by the permit decision.
(b) Whether the Petitioner is directly affected by the permit decision. [G.S. 113A -
121.1(b)(2)]. Persons directly affected by a decision include, but are not limited
to:
(1) any owner of real property in the vicinity of the property to be developed
who can show that the proposed development is likely to have a significant
adverse effect on the value and enjoyment of his property; and,
(2) any person who can demonstrate a history of substantial use of the public
resources in the area directly affected by the development when the
development is within or touches upon an area subject to the public trust.
Please state below in what way you are a person directly affected by the
permit decision.

-2-
(c) Whether the Petitioner has alleged facts or made legal arguments that
deomonstrate that the request for the hearing is not frivolous. [G.S. 113A -
121.1(b)(3)]. Summarize the evidence you will present at a hearing in support
of your appeal.
Date Name of Petitioner or Attorney
Signature
Address
City State Zip
i )
Telephone Number
0
NOTE: Denial of a request for hearing is a final decision which may be appealed
under G.S. 113A -121.1(b) and Chapter 150B, Article 4.
NOTE: A Hearing Request involving a CAMA Minor Development Permit must
include a Verification by the Local Permit Officer that there has been a
final decision by the local government on the Permit Application. (15A
NCAC 7J.0302) (A copy of the permit decision attached to this form will
constitute Verification.)
NOTE: This Request must be filed with the Director, Division of Coastal
Management, within twenty (20) days after the decision by the Local
Permit Officer or the Division of Coastal Management. Failure to do so
constitutes waiver of the right to request a hearing. [15 NCAC 7J.0302(b)]
The original Hearing Request should be filed with the:
Director, Division of Coastal Management
Post Office Box 27687
Raleigh, North Carolina 27611-7687
1

is
-3 -
CERTIFICATE OF SERVICE
I hereby certify that a copy of this Third Party Hearing Request has been served on the
following by depositing a copy of it with the United States Postal Service with sufficient postage
or by personally delivering it to:
Attorney General's Office
Environmental Section
P. O. Box 629
Raleigh, NC 27602-0629
This the day of '19
REVISED: September 6, 1995
Signature of Petitioner or Attorney

February 5, 1996
Mr. Jeff Robb
Route 1, Box 102
Greenville, NC 27835
7330 Andorra Place
Boca Raton, FL 33433
Mr. Scott Grafton
Grafton Marine Construction
105 Sea Horse Drive
Swansboro, NC 28584
FEB 1 2 1996
Subject: Pier/Deck-Overhead Lift and Roof
Property of Jeff Robb - Timber Trail, Emerald Isle
Dear Jeff and Scott:
1. We do not wish to waive the fifteen (15) feet setback from our area
of riparian access.
2. The information provided is inadequate for us to fully understand
what you are proposing. Please provide additional drawings
showing:
a. actual elevations and views of the proposed structure from
each side,
b. the height of the structure from the mean high tide,
C. the total number of square feet of deck area,
d. the height of the structure with reference to the elevation of
the dune at the shore line and
e. the exact location of our 15 foot riparian access area.
The drawing you have provided is difficult to understand. It was only
after we spoke to each of you that we think we gained some understanding
of what you are proposing to build, but not enough to fully comprehend
the impact of the proposed structure on the enjoyment of our home.
We therefore request that the project not go forward until such time as
you have provided this information and you have allayed any concerns we
may have on this subject.
Sincerely,
Victor J. Jimenez
/C -C: Mr. Charles Piggott
CAMA
P.O. Box 769
Morehead City, NC 28557
L
Gloria M. e z

AM
GRAFT01NLARINE CO\STR(T"HON
20*1 BUCKS CORINER
S\VANSBOR0, 1.C'. 28584
[phone]
Re. proposed docs. ( 1210 Tisiai�e► 'I r.Fii';�F it 3cli I�u€,i, j
P
STMRS LEADING TO f IPPFR DECK
! r���—ONNECT!NG WALK TO UPPER DECD
DOCK SPECS. —
200' 0VFHAI-I... VFN(1-IH FROM HW- M
WALKWAY 188' X 6' IPL' WIDTH
12'X 16' SITTING AREA _� -
-16' X 30' OVERHEAD DECK WITH
LIFT DELQ,,A
GAI' BALK AiAGOW'D 1_11=1 AI11=�; f_ 3
122 F7 FROM I i N� r
Om
L;— J;1 itis iif:'wt .it l:isitipi:Ec[; (lisp:tt`.
FEB
TUU

I
STATA.QF NORTH CAROLINA
COUNTY OF CARTERET
PETITION FOR
THIRD PARTY HEARING
BY VICTOR AND GLORIA
JIMINEZ
BEFORE THE CHAIRMAN OFr
COASTAL RESOURCES COMMIS rMAR 2 8 1996
96 CMT 1
x+06600• ■ • 0.N0« 106""6
RECOMMENDATION OF DIVISION
OF COASTAL MANAGEMENT
Pursuant to G. S. § 113A -121.1(b) of the Coastal Area Management Act (CAMA), Victor
and Gloria Jiminez (hereinafter "Petitioners") have filed a Petition for a Third Parry Hearing with
the Coastal Resources Commission. Petitioners seek permission to file a Contested Case Petition
with the Office of Administrative Hearings to challenge the issuance of CAMA and Dredge and
Fill General Permit No. 14711, issued to Mr. Jeff Robb, authorizing construction of a 200 foot
pier, a 12 x 16 foot deck and a boatlift topped by a 16 x 30 foot upper deck.
I. FACTS
A. CAMA and Dredge and Fill General Permit No. 14711 authorizes development of a 200 foot
long pier terminating with a 12 x 16 foot deck; a boatlift topped by a 16 x 30 foot deck; and a
walkway connecting the upper deck with steps that lead to the lower deck. See sketch
incorporated with permit, included as Attachment A.
B. The project site is at 1210 Timber Trail Drive, on Bogue Sound at the east end of Emerald
Isle, in Carteret County, North Carolina.
C. The site is in the Coastal Wetlands and Estuarine Waters Areas of Environmental Concern
(AECs).
D. The Division of Coastal Management issued CAMA and Dredge and Fill General Permit No.
14711 on February 19, 1996. This permit is included as Attachment A.

I
E. Petitioners own property adjacent to the permittee's property. On March 4, 1996, Petitioners
filed a Third Party Hearing Request to contest the permit. This petition is included as
Attachment B.
II ARGUMENT OF PETITIONERS
A. Petitioners allege that the issuance of Permit No. 14711 was contrary to 15A NCAC
7H.1200, General Permit for Construction of Piers, Docks and Boat houses in Estuarine and
Public Trust Waters, because:
1. The permit was issued despite comments submitted verbally and in writing by
petitioners to the permittee, his contractor and DCM and despite a conversation in which the
permittee and contractor agreed not to proceed until petitioners' concerns had been addressed.
2. The size and height of the boat house would partially block the petitioners' view of
Bogue Sound.
3. The pier length is unreasonable since it would not provide significantly deeper water
access than a shorter pier.
4. The pier length makes it difficult and dangerous to maneuver a small craft to
petitioners' property.
5. The pier length violates 7H. 1205(b) because it extends beyond the established pier_
length along the same shoreline for similar use and it would provide unreasonable interference
with navigation.
6. Petitioners' fifteen foot riparian setback is in danger of being violated.

III ARGUMENT OF DIVISION OF COASTAL MANAGEMENT
A. The permit decision was not contrary to any statute or rule. G.S. § 113A -121.1(b)(1).
1. Notification was proper. Adjacent neighbors were properly notified of the proposed
project pursuant to 15A NCAC 7H.1202, and petitioners do not allege otherwise. Neighbors'
objections do not in and of themselves constitute a basis for permit denial. Any conversations
between a permittee and his neighbors do not provide a basis for DCM to deny a permit.
2. The size and height of the proposed boat house do not exceed the maximum
dimensions allowed by the Commission's Rules. The rules provide that boat houses shall have a
floor area not to exceed 500 square feet. 7H.0208(b)(6); 7H. 1205(d). The permitted boat house
meets this standard, as it is designed to be 480 square feet. There are no height limitations
within the General Permit nor within the 711.0208 development standards. Thus, the size and
height of the permitted structure did not provide a basis for permit denial. Aesthetic concerns
underlie many of the Commission's rules; however, an aesthetic concern raised by a neighbor
does not provide a basis for permit denial under 7H.1200 when all other requirements of the rules
are met.
3. The pier length does not violate any statute or rule. The General Permit rules provide:
Piers, docks and boat houses shall not extend beyond the established pier length
along the same shoreline for similar use. This restriction shall not apply to piers
200 feet or less in length unless necessary to avoid unreasonable interference with
navigation or other uses of the waters by the public. 7H.1205(b).
This rule echoes 7H.0208(b)(6)(C)(i). When a pier is only 200 feet long, the Rules do not allow
the permitting agency to make its own determination as to the reasonableness of its length as it
relates to gaining access to deeper water. Similarly, the "established pier length along the same
shoreline" rule does not apply here because this pier is only 200 feet long. Thus, the only

4
length -related concern that may be considered is unreasonable interference with navigation or
other public uses. Upon visiting. the site, DCM staff determined that a 200 foot pier would not
interfere with navigation or other public uses. The lot fronts Bogue Sound, a several mile wide
body of water. The lot is not part of a curved or otherwise irregular shoreline. While any pier
structure makes it slightly more difficult to bring watercraft to shore on neighboring property,
placement of a pier within a property owner's riparian corridor is lawful and does not constitute
an unreasonable interference with navigation.
4. The pier placement does not violate the fifteen foot side setback from the adjacent
property line and coordinating riparian lines. The sketch incorporated into the permit indicates
that the permittee's lot is nearly 83 feet wide. See Attachment A. The pier structure is located in
the middle of the lot, leaving 22 feet between it and either side property line. This provides some
seven feet between the pier structure and the petitioners' property lines and coordinating riparian
lines as extended into the Sound.
In conclusion, Petitioners have not identified any statute or rule violated by the permit
decision, as required by G.S. § 113A -121.1(b)(1).
B. For purposes of this third party hearing request, DCM does not contest petitioners'
assertion that they are directly affected by the decision. G.S. § 113A -121.1(b)(2).
C. Petitioners have not alleged facts or made legal arguments that demonstrate that the
request for the hearing is not frivolous. G.S. § 113A -121.1(b)(3)
The permit was issued lawfully, taking the development standards of the Coastal
Resources Commission into full account. Petitioners have not alleged facts which, if proven,
would show that DCM exceeded its authority, acted erroneously, failed to use proper procedure,

5
or acted arbitrarily or capriciously. Petitioners have offered no grounds upon which to prevail
and thus have not met their burden of demonstrating that their request is not frivolous.
IV RECOMMENDATION OF DIVISION OF COASTAL MANAGEMENT
In conclusion, the petitioners have not met the criteria set forth in G. S. § 113A -121.1(b)
to justify a contested case hearing. Petitioners have not identified any statute or rule that could
have prevented issuance of the permit, and they have not alleged facts or made legal arguments
that demonstrate that the request for the hearing is not frivolous.
For the reasons stated herein, the Division of Coastal Management recommends that the
Petitioner's Petition for Third Party Hearing be DENIED.
This the 19th day of March, 1996.
Amy R. illespie
Associate Attorney General
N.C. Department of Justice
Post Office Box 629
Raleigh, North Carolina 27602-0629
[phone]

I
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing RECOMMENDATION OF THE
DIVISION OF COASTAL MANAGEMENT was served on Petitioners Victor and Gloria
Jiminez by causing a copy thereof to be deposited in the United States Mail, first class, postage
prepaid, addressed as follows:
Mr. and Mrs. Victor and Gloria Jiminez
7330 Andorra Place
Boca Raton, Florida 33433
This the 19th day of March, 1996.
Michael F. Easley
Attorney General
By Zi� '/,/�
Amy R. Gille ie
Associate Attorney General
N.C. Department of Justice
Post Office Box 629
Raleigh, North Carolina 27602-0629
[phone]

ATTACHMENT A
CAMA
GENER LND DREDGE AND FILL 147
AT 111
PERMIT -r s
as authorized by the State of North Carolina /
Department of Environment, Health, and Natural Resources and theas I esoy�c/e��9rrr Ission
in an area of environmental concern pursuant to 15A NCAC
Applicant Name Phone
Address �j d
City_ l >'/PF'.s-i i State Zip_
Project Location (C�unty, State oad, Water B dy, etcne
Typ&eyroject Activity��
7-r-11, 5—
P ROJ ECT
am.
PROJECT DESCRIPTION
Pier (dock) length
SKETCH
+ ' (SCALE: // )
%
Groin length
number
Bulkhead length
)—
!
ax. distance offshore
I
E i i i
i I 44
I I I ! �� .. t� ) �.) ✓ — —;
-
! i I
!
Y,
Basin, channel dimensions
cubic yards
Boat ramp dimensions
Other
I�
iI I!!
i Ali i!ili Iji �i
II!I IIil►II
IIIIIII l
j' � � �
III III
IIII �!I illi illtl
This permit is subject to compliance with this application, site
:rawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine,
prisonment or civil action; and may cause the permit to be-
:ome null and void.
This permit must be on the project site and accessible to th
.,rmit officer when the project is inspected for compliance.
The applicant certifies by signing this permit that 1) this pro- /
Dis consistent with the local land use plan and all local
a, antes, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work. attachments
!n issuing this permit the State of North Carolina certifies that .0
this project is `consistent with the .North._ Carolina".Coastal appiicatioh fee
'.ianjvp aPn,'
applycant's signature
oirmi; officer's signature
'29a3
date

MAR -05-1996 15:13 FROM DCM rOREYERD 919 247 3330 TO
201 BUCKS C 0 RNE, R
SN'VANSBOR0, -N'.C. 235,14,
4L.)jQ)2Q.!-61a7
R('. proposed , I uck ( 12 10 'Yinj ber'I'm fl, Drive / Jiff R 0 1) 1)
AG OFF I CE -R -GH P.03
lit
qTAIRIS LEADINC TO UPPER DECK
QNNECTINGW."'Lle TO UPPER D.FCK
D 0 C P FE C3.
200'OVERALL LENGTH FROM
IN 4! :`,SHY 1 i;,V X F' I
k' -,V I D Tr
X 6! C7T
!-r
1 NG A"
E 7---7
v
I S'x 30, 01TH
BEL" -VY
C�ITWALK AROUND LiFT,ARE,-�-
22 FT F 0 :LINE
�75 C-
292 FT FROM L!N'E
35 WI—DT'",
221.9S iaal' between Computed Pak^' -s

FEB -26-1996 15=33 FROM DCM MOREHERD 919 247 3330 TO
IKM FORM 5
PETITIONER'S NAME
COUNTY
FILE NUMBER
one):
14074438771 P.03
ATTACHMENT B
J m r ,y Ez, ► ��� J Wi t; JHIRD PARTY HEARING
l REQUEST ON
CAMA PERMIT
C R� V E D
(Petitioner leave blank)
MAR 41996
N.C. ATTORNEY GLNERAL
PLEASE TAKE NOTE that the undersigned, a person affected by the decisiom6mV Division
a Local Permit Officer acting on a CAMA Minor Development Permit
Application; or,
Y The Division of Coastal Management, Department of Environment, Health, and
Natural Resources and Community Development, actino on a CAMA Major
Development Permit Application �� a c� 'Z I
hereby requests permission from the Coastal Resources Commission to file an appeal pursuant
to G.S. 113A -121.1(b).
Requests are reviewed by the Chairman of the Coastal Resources Commission to
determine whether a hearing should be granted. The determination of whether to grant a hearing
is in the sole discretion of the Chairman. [15A NCAC 77.0301(b)]
Factors considered by the Chairman in determining whether to grant a hearing are as
follows: (You must address these factors before your Request will be reviewed.)
(a) Whether the permit decision was contrary to any applicable statute or regulation.
[G -S- 113A -12.1.1(b)(1)]. Please set out below the statute or regulation allegedly
violated by the permit decision.
(b) Whether the Petitioner is directly affected by the permit decision. [G. S. 113A -
121.1(b)(2)]. Persons directly affected by a decision include, but are not limited
to:
(1) any owner of real property in the vicinity of the property to be developed
who can show that the proposed development is likely to have a significant
adverse effect on the value and enjoyment of his property; and,
(2) any person who can demonstrate a history of substantial use of the public
resources in the area directly affected by the development when the
development is within or touches upon an area subject to the public trust.
Please state below in what way you are a person directly affected by the
permit decision.
a,, , s-,' a�H-a

FEB -26-1996 15:33 FROM DCM MOREHERD 919 247 3330 TO 14074438771 P.04
-2-
(c) Whether the Petitioner has alleged facts or made legal arguments that
deomonstrate that the request for the hearing is not frivolous. (G.S. 113A -
121.1(b)(3)]. Summarize the evidence you will present at a hearing in support
of your appeal.
hec)c X, C-� �9
Date Nam"f Petition
Signature
Address
City State Zip
r�-1 3ct ��zE1�3- --- o�
Telephone Number ,
NOTE: Denial of a request for hearing is a final decision which may be appealed
under G.S. 113A -121.1(b) and Chapter 150B, Article 4.
NOTE: A Hearing Request involving a CAMA Minor Development Permit must
include a Verification by the Local Permit Officer that there has been a
final decision by the local government on the Permit Application. (15A
NCAC 7J.0302) (A copy of the permit decision attached to this form will
constitute Verification.)
NOTE: This Request must be filed with the Director, Division of Coastal
Management, within twenty (20) days after the decision by the Local
Permit Officer or the Division of Coastal Management. Failure to do so
constitutes waiver of the right to request a hearing. 115 NCAC 7J.0302(b)]
The original Hearing Request should be filed with the:
Director, Division of Coastal Management
Post Office Box 27687
Raleigh, North Carolina 27611-7687

IN SUPPORT OF THE PETITION OF Victor and Gloria Jimenez
for a THIRD PARTY HEARING REQUEST ON a CAMA PERMIT DECISION
The permit decision was contrary to Section .1200 General Permit
for Construction of Piers: Docks: and Boat Houses in Estuarine and
Pulic Trust Waters because:
a. the permit was issued to Jeff Robb even though comments had been filed
with the applicant, his contrctor and CAMA as required by Section 1202.b.
A copy of the letter of comment and the return receipt signed by Jeff Robb,
indicating that he received the letter of comment on February 12th, seven days
before the permit was issued, are attached hereto.In addition petitioners
had called the Applicant and his contractor and received a verbal promise not
to proceed until Petitioners' concerns had been addressed. Also CAMA's Charles
Piggott had been advised of our concerns by telephone shortly after the notice
was received from the Applicant.
b. The Petitioners are owners of real property adjacent to the property of
the Applicant. Petitioners believe that the proposed pier and boathouse would
severely impact the value and enjoyment of our property because:
-The sheer size of the boathouse, square footage and height...over 2
stories... would be a blight on the scenic and recreational values of
our property in that the view of the sound from our property would be
marred and significantly blocked by the structure; Our present view of
the beautiful Bogue Sound sunsets would be denied to us forever.
- the 200' length of the pier is unreasonable in that its length cannot
be justified since it would not provide even a foot more of water than
a pier a fraction of the length proposed;
- the sheer length of the pier could make it very difficult and
dangerous to manuever a small sailboat or windsurfer to and from our
property and violates Section .1205(b) because it extends beyond the
established pier length along the same shoreline for similar use ...and
it would provide unreasonable mtereference with navigation.
- because of the contour of the shoreline we believe that our 15' riparian
rights set back is in danger of being violated.
c. the Petitioners have made valid legal arguments and are prepared to show
at the hearing how the proposed structure would violate the statute
and the N.C. Administrative Code.

FEB -26-1996 15:33 FROM DCM MOREHEAD 919 247 3330 TO 14074436771 P.05
-3-
CERTIFICATE OF SERVICE
I hereby certify that a copy of this Third Party Hearing Request has been served on the
following by depositing a copy of it with the United States Postal Service with sufficient postage
or by personally delivering it to:
Attorney General's Office
Environmental Section
P. O. Box 629
Raleigh, NC 27602-0629
This the Zd'�Lday of 19
Signature of Pe6fibHOf or-Atwmey
REVISED: September 6, 1995

7330 Andorra Place
Boca Raton, FL 33433
February 5, 1996
Mr. Jeff Robb
Route 1, Box 102
Greenville, NC 27835
Mr. Scott Grafton
Grafton Marine Construction
105 Sea Horse Drive
Swansboro, NC 28584
Subject: Pier/Deck-Overhead Lift and Roof
Property.of Jeff Robb - Timber Trail, Emerald Isle
Dear Jeff and Scott:
1. We do not wish to waive the fifteen (15) feet setback from our area
of riparian access.
2. The information provided is inadequate for us to fully understand
what you are proposing. Please provide additional drawings
showing:
a. actual elevations and views of the proposed structure from
each side,
b. the height of the structure from the mean high tide,
C. the total number of square feet of deck area,
d. the height of the structure with reference to the elevation of
the dune at the shore line and
e. the exact location of our 15 foot riparian access area.
The drawing you have provided is difficult to understand. It was only
after we spoke to each of you that we think we gained some understanding
of what you are proposing to build, but not enough to fully comprehend
the impact of the proposed structure on the enjoyment of our home.
We therefore request that the project not go forward until such"time as
you have provided this information and you have allayed any concerns we
may have on this subject.
Sincerely,
Victor J. Jimenez
cc: Mr. Charles Piggott
CAMA
P.O. Box 769
Morehead City, NC 28557
`5� `�ar r � � , •rs-Z-L7
Gloria M. Jimenez

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Domestic Return Receipt

STATE OF NORTH CAROLINA ) BEFORE THE CHAIRMA
`11 _`11-1 A u.'1. ��. n
COASTAL RESOURCES COMMI ol'gAR 2 8 1996
COUNTY OF CARTERET ) 96 CMT 3
PETITION FOR )
THIRD PARTY HEARING ) RECOMMENDATION OF DIVISION
BY FRED SIMMONS ) OF COASTAL MANAGEMENT
Pursuant to G.S. § 113A -121.1(b) of the Coastal Area Management Act (CAMA), Mr.
Fred Simmons (hereinafter "Petitioner") has filed a Petition for a Third Party Hearing with the
Coastal Resources Commission. Petitioner seeks permission to file a Contested Case Petition
with the Office of Administrative Hearings to challenge the issuance of CAMA and Dredge and
Fill General Permit No. 14711, issued to Mr. Jeff Robb, authorizing construction of a 200 foot
pier, a 12 x 16 foot deck and a boatlift topped by a 16 x 30 foot upper deck.
I. FACTS
A. CAMA and Dredge and Fill General Permit No. 14711 authorizes development of a 200 foot
long pier terminating with a 12 x 16 foot deck; a boatlift topped by a 16 x 30 foot deck; and a
walkway connecting the upper deck with steps that lead to the lower deck. See sketch
incorporated with permit, included as Attachment A.
B. The project site is at 1210 Timber Trail Drive, on Bogue Sound at the east end of Emerald
Isle, in Carteret County, North Carolina.
C. The site is in the Coastal Wetlands and Estuarine Waters Areas of Environmental Concern
(AECs).

2
D. The Division of Coastal Management issued CAMA and Dredge and Fill General Permit No.
14711 on February 19, 1996. This permit is included as Attachment A.
E. Petitioner lives at 1204 Timber Trail, three lots down from the project site. On March 7,
1996, Petitioner filed a Third Party Hearing Request to contest the permit. This petition is
included as Attachment B.
II. ARGUMENT OF PETITIONER
Petitioner alleges that the issuance of Permit No. 14711 was contrary to 15A NCAC
7H.1200, General Permit for Construction of Piers, Docks and Boat houses in Estuarine and
Public Trust Waters, because:
A. The permit was issued despite comments submitted verbally and in writing by
Petitioner's neighbors to the permittee, his contractor and DCM and despite a conversation in
which the permittee and contractor agreed not to proceed until the neighbors' concerns had been
addressed.
Sound.
B. The size and height of the boat house would partially block petitioner's view of Bogue
C. The pier length is unreasonable since it would not provide significantly deeper water
access than a shorter pier.
D. The pier length makes it difficult and dangerous to maneuver a small craft to
petitioner's property.
E. The pier length violates 7H. 1'205(b) because it extends beyond the established pier
length along the same shoreline for similar use and it would provide unreasonable interference
with navigation.

3
F. Petitioner's fifteen foot riparian setback is in danger of being violated.
G. The pier will hinder access to a boat launch ramp less than 175 feet from the site.
III ARGUMENT OF DIVISION OF COASTAL MANAGEMENT
A. The permit decision was not contrary to any statute or rule. G.S. § I I3A-121.1(b)(1).
1. Notification was proper. Adjacent neighbors were properly notified of the proposed
project pursuant to 15A NCAC 7H.1202, and petitioner does not allege otherwise. Neighbors'
objections do not in and of themselves constitute a basis for permit denial. Any conversations
between a permittee and his neighbors do not provide a basis for DCM to deny a permit.
2. The size and height of the proposed boat house do not exceed the maximum
dimensions allowed by the Commission's Rules. The rules provide that boat houses shall have a
floor. area not to exceed 500 square feet. 7H.0208(b)(6); 7H.1205(d). The permitted boathouse
meets this standard, as it is designed to be 480 square feet. There are no height limitations
within the General Permit nor within the 7H.0208 development standards. Thus, the size and
height of the permitted structure did not provide a basis for permit denial. Aesthetic concerns
underlie many of the Commission's rules; however, an aesthetic concern raised by a neighbor
does not provide a basis for permit denial under 7H.1200 when all other requirements of the rules
are met.
3. The pier length does not violate any statute or rule. The General Permit rules provide:
Piers, docks and boat houses shall not extend beyond the established pier length
along the same shoreline for similar use. This restriction shall not apply to piers
200 feet or less in length unless necessary to avoid unreasonable interference with
navigation or other uses of the waters by the public. 7H. 1205(b).

M
This rule echoes 7H.0208(b)(6)(C)(i). When a pier is only 200 feet long, the Rules do not allow
the permitting agency to make its own determination as to the reasonableness of its length as it
relates to gaining access to deeper water. Similarly, the "established pier length along the same
shoreline" rule does not apply here because this pier is only 200 feet long. Thus, the only
length -related concern that may be considered is unreasonable interference with navigation or
other public uses. Upon visiting the site, DCM staff determined that a 200 foot pier would not
interfere with navigation or other public uses. This includes public and rescue use of the boat
launch ramp nearly 175 feet away. The lot fronts Bogue Sound, a several mile wide body of
water. The lot is not part of a curved or otherwise irregular shoreline. While any pier structure
makes it slightly more difficult to bring watercraft to shore on neighboring property, placement
of a pier within a property owner's riparian corridor is lawful and does not constitute an
unreasonable interference with navigation.
4. The pier placement does not violate the fifteen foot side setback from the adjacent
property line and coordinating riparian lines. The sketch incorporated into the permit indicates
that the permittee's lot is nearly 83 feet wide. See Attachment A. The pier structure is located in
the middle of the lot, leaving 22 feet between it and either side property line. This provides some
seven feet between the pier structure and adjacent neighbors' property lines and coordinating
riparian lines as extended into the Sound.
In conclusion, Petitioner has not identified any statute or rule violated by the permit
decision, as required by G. S. § 113A -121.1(b)(1).
B. Petitioner is not directly affected by the decision. G. S. § 113A -121.1(b)(2).
Petitioner lives three lots down from the permittee's lot. Given the area's relatively straight

5
shoreline, this is too far away to conclude that the proposed development is likely to have a
significant adverse effect on the value and enjoyment of his property.
C. Petitioner has not alleged facts or made legal arguments that demonstrate that the
request for the hearing is not frivolous. G.S. § 113A -121.1(b)(3)
The permit was issued lawfully, taking the development standards of the Coastal
Resources Commission into full account. Petitioner has not alleged facts which, if proven,
would show that DCM exceeded its authority, acted erroneously, failed to use proper procedure,
or acted arbitrarily or capriciously. Petitioner has offered no grounds upon which to prevail and
thus have not met their burden of demonstrating that their request is not frivolous.
IV. RECOMMENDATION OF DIVISION OF COASTAL MANAGEMENT
In conclusion, the petitioner has not met the criteria set forth in G.S. § 113A -121.1(b) to
justify a contested case hearing. Petitioner has not identified any statute or rule that could have
prevented issuance of the permit, and he has not alleged facts or made legal arguments that
demonstrate that the request for the hearing is not frivolous.
For the reasons stated herein, the Division of Coastal Management recommends that the
Petitioner's Petition for Third Party Hearing be DENIED.
This the 19th day of March, 1996.
AO'Sor 0A04;'.0.)
• R. Gillespi
Asociate Attorney General
N.C. Department of Justice
Post Office Box 629
Raleigh, North Carolina 27602-0629
[phone]

I
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing RECOMMENDATION OF THE
DIVISION OF COASTAL MANAGEMENT was served on Petitioner Fred Simmons by causing
a copy thereof to be deposited in the United States Mail, first class, postage prepaid, addressed as
follows:
Mr. Fred Simmons
1204 Timber Trail
Emerald Isle, North Carolina 28594
This the 19th day of March, 1996.
Michael F. Easley
Attorney General
By aj�Oje
Amy R. Gill spie
Associate Attorney General
N.C. Department of Justice
Post Office Box 629
Raleigh, North Carolina 27602-0629
[phone]

�.�/
Applicant Name
Address
City
Project Location
ATTACHMENT A
CAMA AND DREDGE AND FILL
GENERAL r 14711
PERMIT
as authorized by the State of North Carolina
Department of Environment, Health, and Natural Resources anhus I esoy�
d tce2�q ;ssion
in an area of environmental concern pursuant to 15A NCAC
Phone Ni muer
nty, State oad, Water Bpdy, etc.
State
Zip
Type-ofoject Activity) /� �.. _ f n i?/i?� �`� /moi"P/ /J�c/ 21% �✓ /�1+fes.
PROJECT DESCRIPTION
SKETCH (SCALE: )
Pier (dock) length ! ' Fr
Groin length
i I 1 I i l i
number
Bulkhead length
j I ! I s j -
1
f
...�
it j { I i � � `•
ax. distance offshore
;
Basin, channel dimensions
cubic yards
I ! i ,; ,..• i --;
Boat ramp dimensions
_ I
1
Other
oe
I
1
This permit is subject to compliance with this application, site1
drawingand attached
general and specific conditions. Any •, ,'�,
violation of these terms may subject the permittee to a fine,
imprisonment or civil action; and may cause the permit to be-
come null and void. f '
This permit must be on the project site and accessible to tti l
permit officer when the project is inspected for compliance. �w
The applicant certifies by signing this permit that 1) this pro-
DIs consistent with the local land use plan and all local Issuing date
ances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work. attachments
In issuing this permit the State of North Carolina certifies that _
chis project is consistent with the North. Carolina .Coastal application fee
Vlana4PmPnt Prnmom •' '
jpglycant's signature
-�'Perm i officer's signature '
f,
expiration date
I

MAR -05-1996 15:13 FROM DCM MOREHEAD 919 247 3330 TO
l,;RAFTO* ,%*L l l.NF
201 BUCKS C«Rt ER
`ifWAN(,SBrrORC), N.(-. '2851141
Re. ,propD` ed dock (
AG OFFICE-RLGH P.03
lfx
:STAIRS LEADING TO UPPER DECK.
r' ( 5j4C T UPPER DECK
ONNE..TIN YiA— f7 l3. , __�.
DOCK SPECS. —�
200' OV RALL LENGTH FROM HW���.;
`4'VA KWAY 110' x 6' IN WIDTH
12` X 16' S177 7 t, NG AREu - -_-
1 S'
LIFT30(' Oi�`4L_iS'tHEAD DECK ti�t�E;
LII 1 L tY
C,�.TWALK NROUND LlFiF AREA.
22 r tt FROM 2LINt_

DCM FORM 5
PETITIONER'S NAME
COUNTY
FIT_E NUMBER
(Petitioner leave blarW
ATTACHMENT B
THIRD PARTY HEARING
REQUEST ON
CAMA PERMIT DEOSION
one): PLEASE TAKE NOTE that the undersigned, a person affected by the decision o� (check
a Local Permit Officer acting on a CAMA Minor Development Permit
I Application; or,
11 The Division of Coastal Management, Department of Environment, Health, and
Natural Resources and Community Development, acting on a CAMA Major
Development Permit Application
hereby reaue, is permission from the Coastal Resources Commission to file an appeal, pursuant
to G.S. 113A -121.1(b).
Requests are reviewed by the Chairman of the Coastal Resources Commission to
determine whether a hearing should be granted. The determination of whether to grant a hearing
is in the sole discretion of the Chairman. [15A NCAC 7J.0301(b)]
Factors considered by the Chairman in determining whether to grant a hearing are as
follows: (You must address these factors before your Request will be reviewed.)
(a) Whether the permit decision was contrary to any applicable statute or regulation.
[G.S. 113A -12.1.1(b)(1)]. Please set out below the statute or regulation allegedly
violated by the permit decision.
(b) Whether the Petitioner is directly affected by the permit decision. [G.S. 113A -
121.1(b)(2)]. Persons directly affected by a decision include, but are not limited
to:
(1) any owner of real property in the vicinity of the property to be developed
who can show that the proposed development is likely to have a significant
adverse effect on the value and enjoyment of his property; and,
(2) any person who can demonstrate a history of substantial use of the public
resources in the area directly affected by the development when the
development is within or touches upon an area subject to the public; trust.
Please state below in what way you are a person directly affected by the
permit decision.

-2-
(c) Whether the Petitioner has alleged facts or made legal arguments that
deomonstrate that the request for the hearing is not frivolous. (G.S,. 113A -
121.1(b)(3)]. Summarize the evidence you will present at a hearing in support
of your appeal.
Z?
Date Name of Petitioner or Attorney
Signature
Address
City State zip
�3SJS/ Z 4'/
Telephone Number
NATE: Denial of a request for hearing is a final decision which may be appealed
under G. S. 113A -121.1(b) and Chapter 1505, Article 4.
,I
NOTE: E: A Hearing Request involving a CAMA Minor Development Permit must
include a Verification by the Local Permit Officer that there has; been a
Final decision by the local government on the Permit Application: (15A
NCAC 71.0302) (A copy of the permit decision attached to this form will
constitute Verification.)
NOTE: This Request must be filed with the Director, Division of Coastal
Management, within twenty (20) days after the decision by the' Local
Permit Officer or the Division of Coastal Management. Failure to do so
constitutes waiver of the right to request a hearing. (15 NCAC 7J. 0302(b)]
The original Hearing Request should be filed with the:
Director, Division of Coastal Management
Post Office Boa 27687
Raleigh, North Carolina 27611-7687
90 ' d FDS -33I J=ID E d M 0= LVZ 6Z6 GU3-C 'm WRQ WMH -E : w 9661-w-af J

Cx j
IN SUPPORT OF THE PETITION OF Victor and Gloria Jimenez
for a THIRD PARTY HEARING REQUEST ON a CAMA PERMIT DECISION
The permit decision was contrary to Section .1200 General Permit
for Construction of Piers: Docks: and Boat Houses in Estuariae and
Pulic Trust Waters because:
A. the permit was issued to Jeff Robb even, though comments had been filed
with the applicant, his contzctor and CAMA. as required by Section 1202.b.
A copy of the letter of comment =d the return receipt signed by Jeff Robb,
indicating that he received the letter of eomm(mt on February 12th, seven days
before the permit was issued, are attached hereto.In addition petitioners
had called the Applicant and his contractor and received a verbal promise not
to proceed until, Petitioners' concerns had been addressed. Also CAMA's Charles
Piggott had been advised of our concerns by telephone shortly after the notice
was received from the Applicant.
b. The Petitioners are owners of real property adjacent to the property of
the Applicant. Petitioners believe that the proposed pier and boathouse would
severely impact the value and enjoyment of our property because:
-The sheer size of the boathouse, square footage and height...over 2
stories... would be a blight on the scenic and rtieational values of
our property in that the view of the sound from our property would be
mw-md and significantly blocked by the structure; Our presrazt view of
the beautiful Bogue Sound sunsets would be denied to us forever.
- the 200' length of the pier is unreasonable in that its length cannot
be justified since it would not provide even a ,loot more of waicr than
a pier a fraction of the length pmpcsed;
- the sheer leugth of the pier could make it very difficult and MAR � � tr,�
dangerous to manuever a small sailboat or wmdmder to and from our
property and violates Section .1205(b) because it extends beyond the ,r f
established pier length along the same shoreline for similar use ...and +i�.nwww ■��r...��r��p
it would provide unreasonable intereference with navigation.
- because of the contour of the shoreline we believe that our 15' riparian
rights set back is in danger of being violated,
c, the Petitioners have made valid legal arguments and are prepared to show
at the hearing how the proposed structure would violate the statute
and the N.C. Administrative Code.
-7 /�,(1hc/�i1
�c/
�/7d1-1s E' Gdhs ���G-
% a- � Al f2 at, i �s G �, f � 7' �iy � h od a
;7Z-;
�P /P
/b / c
22 ' d F0 -18-M I i-10 9d Ol 0= ZbZ 6Z6 Ql 1 OtJ WOG WOdd 22:90 9662-80--6qztJ

80'd -Mi01
H,
CERTIFICATE OF SERVICE
I hereby certify that a copy of this Third Party Hearing Request has been served on the
following by depositing a copy of it with the United States Postal Service With sufficient �ostage
or by personally delivering it to:
Attorney General's Office
Environmental Section
P. O. Box 629
Raleigh, NC 27642-0629
This the (5� day of /-A/,/. � � 19
Signature of Petitioner or Attorney
REVISED: September 6, 1995
i�iiwb�ai►baa �
a ■ ■ .. s �. e_■ •� ■_

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
PETITION FOR
THIRD PARTY HEARING
BY RICHARD AND THELMA
BRAUNS
BEFORE THE CHAIRMAN
COASTAL RESOURCES COMMI 'W 2'8 19%
96 CMT 2
���• ww • w ��NM�MMi�
RECOMMENDATION OF DIVISION
OF COASTAL MANAGEMENT
Pursuant to G.S. § I I3A-121.1(b) of the Coastal Area Management Act (CAMA),
Richard and Thelma Brauns (hereinafter "Petitioners") have filed a Petition for a Third Party
Hearing with the Coastal Resources Commission, seeking permission to file a Contested Case
Petition with the Office of Administrative Hearings. Petitioners do not identify the permit they
wish to contest.
G.S. § 113A -121.1(b) provides that the Chairman of the Coastal Resources Commission
shall base his decision in this matter "on whether the person seeking to commence a contested
case: (1) Has alleged that the decision is contrary to a statute or rule; (2) Is directly affected by
the decision; and (3) Has a substantial likelihood of prevailing in a contested case." The burden
of making these three showings is on the petitioner. Pamlico Tar River Foundation Inc. v.
Coastal Resources Commission, 103 N.C. App. 24,404 S.E.2d 167 (1991). Petitioners
submitted to the Commission's staff only the three pages that are attached as Attachment A. In
these three pages, petitioners do not allege that any permitting decision is contrary to any statute
or rule; that they are directly affected by any permit decision; nor that they have a substantial
likelihood of prevailing in a contested case. Therefore, they have not met their burden under
G.S. § 113A-121.1 (b), and their hearing request should be denied.

2
If the Chairman finds that the petitioners are challenging the issuance of CAMA and
Dredge and Fill General Permit No. 14711, issued to Mr. Jeff Robb, of 1210 Timber Trail Drive,
Emerald Isle, Carteret County, North Carolina, the Division of Coastal Management respectfully
requests that its arguments set forth in its Recommendations filed in response to the petitions by
Victor and Gloria Jiminez, 96 CMT 1 and Fred Simmons, 96 CMT 3, be incorporated herein.
For the reasons stated herein, the Division of Coastal Management recommends that the
Petitioners' Petition for Third Party Hearing be DENIED.
This the 19th day of March, 1996.
4040wl /1(-` �*'
Amy R. 6illespie
Associate Attorney General
N.C. Department of Justice
Post Office Box 629
Raleigh, North Carolina 27602-0629
[phone]

CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing RECOMMENDATION OF THE
DIVISION OF COASTAL MANAGEMENT was served on Petitioners Richard and Thelma
Brauns by causing a copy thereof to be deposited in the United States Mail, first class, postage
prepaid, addressed as follows:
Mr. and Mrs. Richard and Thelma Brauns
1202 Timber Trail
Emerald Isle, North Carolina 28594
This the 19th day of March, 1996.
Michael F. Easley
Attorney General
By Z�4*W
Amy R. Gill pie
Associate Attorney General
N.C. Department of Justice
Post Office Box 629
Raleigh, North Carolina 27602-0629
[phone]

ATTACHMENT A
DCM FORM 5
PETITIONER'S NAME'
EQ U Z C-1-Iri�P yliEO4 THIRD PARTY REARING
COUNTY REQUEST ON
q LAMA PERMIT DECISION
FILE NUMBER C ✓
(Petitioner leave blank)
one): PLEASE TAKE NOTE that the undersigned, a person affected by the decision of (check
a Local Permit Officer acting on. a CAMA Minor Development 'Permit
Application; or,
-�,—/The Division of Coastal Management, Department of Environment, Health, and
Natural Resources and Community Development, acting on a CAMA Major
Development Permit Application
hereby muests permission from the Coastal Resources Commission to file an appeal pursuant
to G.S. 113A -121.1(b).
Requests are reviewed by the Chairman of the Coastal Resources Commission to
determine whether a hearing should be granted. The determination of whether to grant a hearing
is in the sole discretion of the Chairman. [15A NCAC 7J.0301(b)]
Factors considered by the Chairman in determining whether to grant a hearing are as
follows: (You must address these factors before your Request will be reviewed.)
(a) Whether the permit decision was contrary to any applicable statute or regulation.
[G.S. 113A -12.1.1(b)(1)]. Please set out below the statute or regulation allegedly
violated by the permit decision.
(b) Whether the Petitioner is directly affected by the permit decision. [G.S. 113A -
121.1(b)(2)]. Persons directly affected by a decision include, but are not limited
to:
(1) any owner of real property in the vicinity of the property to be developed
who can show that the 'proposed development is likely to have a significant
adverse effect on the value and enjoyment of his property; and,
(2) any person who can demonstrate a history of substantial use of the public
resources in the area directly affected by the development when the
development is within or touches upon an area subject to the public':: trust.
Please state below in what way you are a person directly affected by the
permit decision.
MAR 4 7 12%
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-2.
(e) Whether the Petitioner has alleged facts or made legal arguments that
deornonstrate that the request for the hearing is not frivolous. [G.S. I13A-
121.i(b)(3)J. Summarize the evidence you will present at a hearing in support
of your appeal.
i
�.� 0 A s�� C t. H tZ Fi U PIE
D to Name of Petitioner or Attorney
LLa0
Signature
Address
City State Zip
I 3 tom -
1_7`�- 2 -
Telephone
Telephone Number
MOTE: Denial of a request for hearing is a final decision which may be appealed
under G.S. 113A -121.1(b) and Chapter 150B, Article 4.
NOTE: A Hearing Request involving a CAMA Minor Development Permit must
include a Verification by the Local Permit Officer that there has been a
final decision by the local government on the Permit Application.. (15A
NCA.0 71.0302) (A copy of the permit decision attached to this form will
constitute Verification.)
NOTE: This Request must be filed with the Director, Division of Coastal
Management, within twenty (20) days after the decision by they Local
Permit Officer or the Division of Coastal Management. Failure to do so
constitutes waiver of the right to request a hearing. [ 15 NCAC 71.0302(b)]
The original Hearing Request should be filed with the:
Director, Division of Coastal Management
Post Office Box 27687
Raleigh, North Carolina 27611-7687
92:ee %61 -8e -6:w

1WZ
CERTIFICAT OF SERVI
I hereby certify that a copy of this Third party )=Hearing Request has been served on the
following by depositing a copy of it with the United States Postal Service with sufficient postage
or by personally delivering it to:
Attorney General's Office
Environmental Section
P. O. Box 629
Raleigh, NC 27602-0629
This the _ day of 4,+2� , 19
i
Signature of petitioner or Attorney
i
i
MAR 0 7 'I
REVISED: September 6, 1995
170'd H9-1�1--30IddQ Od 01 0£££ LVE 6T6 CU3FG�04 WOC WMH 92:80 %6Z -80 -.LM

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
February 20, 1996
Mr. Victor J. Jimenez
7330 Andorro Place
Boca Raton, Florida 33433
Re: CAMA General Permit Issued
Mr. Jeff Robb
Dear Mr. Jimenez: 1141
This letter is to advise you that on February 19, I issued a CAMA
General Permit J1 -4-r oto Mr. Jeff Robb for the construction of a
private pier and a roof covered boat house for his property on
Bogue Sound at 1210 Timber Trail Drive in Emerald Isle. A copy of
that permit and the administrative regulation 7H .1100 are enclosed
for your consideration. After a careful review of the project and
of your concerns for the roof covered structure, I determined the
application request to be consistent with the regulation and the
permit was issued. Mr. Scott Grafton, the contractor, indicated
that he would not build the roof covered structure until you had
the opportunity to visit the site and discuss with Mr. Rob possible
refinements. My purpose in writing is to advise you that if you
want request an appeal the permit decision, you have 20 days, from
the date of permit issuance to do so.
Please contact me and I can provide you with the appropriate
documents to make your request to the Chairman of the Coastal
Resources Commission.
Sincer y,
Lj����Czx_
James L. Mercer
cc: Charles S. Jones
Preston P. Pate, Jr.
Scott McLendon, COE
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09
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