16371_SANTUCCI, ROBERT_19960729

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CAMA AND DREDGE AND FILL
GENERAL
PERMIT
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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 0 1 C p'"7 M -0� U < < / Phone Number iL/
Address
City - j.,1 State Ax 41-1 Zip
Project Location (County, State Road, Water Body, etc.) �' '� / 'p `� ° f L' "�'�`' r' 1� �?
i / Y y
Type of Project Activity ✓ o,-r �l O Z r /c i r� �. G� .r 't ° /_
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PROJECT DESCRIPTION S_KE�TCf ! �p
Pier (dock) length I,,,- /
Groin length
number
Bulkhead length
max. distance offshore
Basin, channel dimensions
l'
cubic yards
Boat ramp dimensions
Other 9
Ad -
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-
ject is consistent with the local land use plan and all local
ordinances, 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.
(SCALE: �J /
C'
applicant's sigrature
} G� permit otncer-s signature
�g
issuing date expiration date
attachments
application fee# �rA• �� ell � �I

ROBERT M. SANTUCCI 2031
VIRGINIA J. SANTUCCI
P O BOX 3380 PH 919-808-2404 88-152/531
ATLANTIC BEACH, NC 28512
PAY TO THE
ORDER OF
06 z /I_ _ F _. t I ARS
Wachovia Bank of North Carolina, N.A.
Morehead City, NC 28557
FOR r�` i
I:053 LO L5 291: 5461L, L9363811m 203 L

ADJACENT RIPARIAN PROPERTY OWNEIt STATE NIENT
(FOR A PIERIMOORING PILINGSIBOATLIFT/BOATHOUSE)
I hereby certify that I own property adjacent to R }' + j%T. S Ptwro CC I 's
(Name of Property Owner)
property located at 1 -}, C) 4 \= p 7 ,
(Lot, Block, Road, etc.)
on A`F1.Q 1 -'E CQEEIL , in G Z y,,r N.C.
(Waterbody) (Town and/or County)
He has described to me, as shown below, the development he is proposing at that
location, and, I have no objections to his proposal. I understand that a pier/mooring
pilings/boatlift/boathouse must be set back a minimum distance of fifteen feet (15') from my area
of riparian access unless waived by me.
I do not wish to waive the setback requirement.
(�o I do wish to waive that setback requirement.
------------------------
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPNIENT:
(To be filled in by individual proposing development)
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Date:

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OUTSTANDING ISSUES
SANTUCCVBLANKLEY CONTRACT
Prior to July 9, 1996 Settlement
1. Removal of personal property by Seller; Broom
Clean inside, and all exterior items and debris to be
removed, or..
Execute contract with Spell Construction for
time and materials contract, not to exceed $3,000 and
escrow funds from Estate (proposal attached).
2. Deck Separation
A. Agreement to F side setback from each
property line by both parties that shall become part
of any contract on 1703 Front Street B and A.
B. Execution of CAMA waiver of 15' set back
by seller in conjunction with purchaser reconstruction
of walkway.
C. Seller to separate existing pier and utilities
prior to settlement. (Santucci to fund separation until
sale of 1703 A, Front Street) at which time he will be
reimbursed in full by Elizabeth Blankley.
D. Boat moored in front of Santucci property will be
notified by Seller and vacated by settlement date.
Page 1 of 2
E
. 1�

3. - Termite treatment - Termite treatment will be
completed and paid for by the Seller. Treatment will not
take place until all wood and debris are moved from the
premises and from under and next to building. Termite
treatment must be completed prior to settlement date.
($130. can be deleted from Cleggs estimate for vapor
barrier
Page 2 of 2 '
I�
V

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
(FOR A PIERIMOORING PILINGSIBOATLIFT/BOATHOUSE)
I hereby certify that I own property adjacent to R Y + i j,T, 's
(Name of Property Owner)
property located at I e D D I`lT 'A 4= D C - ,
(Lot, Block, Road, etc.)
I
on �`Fl,>7 t2.CR E F—IL , in C, c Q �--- T CaC3h T , N.C.
(Waterbody) (Town and/or County)
He has described to me, as shown below, the development he is proposing at that
location, and, I have no objections to his proposal. I understand that a pier/mooring
pilings/boatlift/boathouse must be set back a minimum distance of fifteen feet (15') from my area
of riparian access unless waived by me.
OOW I do not wish to waive the setback requirement.
I do wish to waive that setback requirement.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT:
(To be filled in by individual proposing development)
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CAMA AND DREDGE AND FILL
GENERAL
t-ff
k�7,) PERMIT /I 9,�
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lep -&/
as authorized by the State of North Carolina e,
Department of Environment, Health, and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15A NCAC
2410-//3,V
Applicant Name �,�n_>>"' �%• f Phone Number 7;2E -91111P
Address
City '��'/.>s�/ '`c State /UC Zip
Project Location (C unty, State Road, Water Body, etc 0121�l(;' -4
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Type of Project Activity e5' k 3 Y
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C1' P.% r/�.� nrrw r: /r/'r�c,' a •� .'7�LOr '. r R ?7� ii. rl
PROJECT DESCRIPTIONTSKETCH
Pier (dock) length
t�� G Y 3U • r1,.�f /l ` krt
Groin length P b44w
number
Bulkhead length
max. distance offshore
Basin, channel dimensions
cubic yards
Boat ramp dimensions
Other 6,4 le0 tr-V..111
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i nip VciiiuL n 3uvic1,L LU wnllJuanl.0 WILrl LnIS appiicauon, 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-
ject is consistent with the local land use plan and all local
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work.
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applicant's signature
permit officer's signature
r 13-9b ? 13- 9-/
issuing date expiration date
attachments b %//• /200
In issuing this permit the State of North Carolina certifies that e /
this project is consistent with the North Carolina Coastal application fee C
Management Program.

State of North Carolina 'T
Department of Environment, LTIWMAI
Health and Natural Resources 4 • 0
Division of Coastal Management A&
James B. Hunt, Jr., Governor ±2LI
F u
Jonathan B. Howes, Secretory C
Roger N, Schecter, Director
July 10, 1996
Ms. Jane D. Salter
148 S. Spooner's St.
Morehead City, NC 28557
Re: Suspension of CAMA General Permit No.016331-C
Dear Ms. Salter:
The Chairman of the Coastal Resources Commission has received a request from Mr.
David T. Upchurch for an administrative hearing to challenge the issuance of CAMA General
Permit No. 016331-C. Under N.C.G.S. § 113A-121.1, the permit is automatically suspended
on receipt of a hearing request and remains suspended until either: 1. the Chairman denies the
hearing request (under standards set out in the statute); or 2. there is a final Coastal Resources
Commission decision on the permit appeal. 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 prepare a recommendation for the Chairman on
whether to grant or deny the hearing request - in this case no later that July 15, 1996. If you
wish to submit any materials for the Chairman's consideration in ruling on the request for
contested case hearing, please send them to Robin Smith at P.O. Box 629 Raleigh, N.C. 27602
or fax to [phone] as soon as possible.
If the Chairman grants the hearing request, the permit will remain suspended until there
has been a hearing conducted by the Office of Administrative Hearings and then a final decision
by the Coastal Resources Commission based on the evidence presented in the hearing.
Sincerely,
d_
Charles S. Jones
District Manager
Enclosure
cc: Robin W. Smith
Preston P. Pate
M. Ted Tyndall
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 50% recycled/ 10% post -consumer paper

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ROBERT E. LEE, JR. 66-112 1645
531
JANE D. SALTER 5110710196
NCDL 965075 W.P. 919-466-8043 (o
148 S. SPOONERS ST. 919-726-9168 male
MOREHEAD CITY, NC 28557
ICY .ycDEN�2 1 $
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02301 BJ
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4408 NDELL STREET 7LA
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MORE AD CITY, NC 28557 I
1:05310 11 2 11:5 L 107 LO L9F6I'm L 5
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SENDER:
a: ■Complete items 1 and/or 2 for additional services.
y Complete items 3, 4a; and 4b.
d ■ Print your name and address on the reverse of this form so that w8 can return this
J card to you.
■Attach this form to the front of the mailpiece, or on the back if space does not
d permit.
ar ■ Write'Retum Receipt Requested' on the mailpiece below the article number.
t ■ The Return Receipt will show to whom the article was delivered and the date
j delivered.
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3. Article Addressed to: 4a. Article N
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a c b ylJl�a► , 4b. Service
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I also wish to receive the
following services (for an
extra fee):
1. ❑ Addressee's Address
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2. ❑ Restricted Delivery
Consult postmaster for fee.
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w and fee is paid)
6. Sign atur (Addressee or Agent)
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PS Form 3811, December 1994 Dor
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(Only if requested
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UNITED STATES POSTAL SERVICE First -Class MailPostage & Fees Paid
USPS
4 Permit No. G-10
• Print your name, address, and ZIP Code in this box •
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IFFI!I�iiliiIFl??I!`FI?iFfEFFrili(E?F{iiF!Itl?ilEEll?EiFiFFiFI

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dear Mr. -Da -VA uPC��rc�
Qir�r
MAY 2 8 1996 I `
ids W�.r.... ««..........,NIA
This letter is to notify you as an adjacent riparian landowner of -XTrffW/nz
plans to construct loot $e.&wa_k,
u
on theirprolIperty loca ed at it s m e d,, ers Cr c e L y,,,bd iri s;
'1 ,,� S oe►.ers S�,d �cks
in M o re k I , �y , NC. The sketch on the reverse side accurately depicts the
proposed construction. (See a-4-eked o{raw ;,,-
Should you have no objections to this proposal, please check the statement below, sign
and date the blanks below the statement, and return this letter to: _s& n p
1 �8 S .S'� 0 o h ems .5�, dYl a r e �Qo..�Q C; �Y � �.' �8 S S� a(�•er,
as soon as possible. '
Should you have objections to this proposal, please send your written comments to the
N.C. Division of Coastal Management, P. O. Box 769, Morehead City, NC, 28557. Written
comments must be received within ten (10) days of receipt of this notice.
Failure to respond in either method within ten (10) days will be interpreted as no
objection.
Sincerely,
I have no objection to the project as presently proposed and hereby waive that
right of objection as provided in General Statute 113-229.
I have objections to the project as presently proposed and have enclosed
comments.
Signature
DATE: -• 2 2 -- ej

ADJACENT RIPARLAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to- S a Y, a 1 e 's
(Name of Property Owner)
property located at , �, p o r e s
(Lot, Block, Road, etc.)
on S���o Y1Q1 S Lrin zre 'o . , N.C.
(Waterbody) (Town and/or County)
He has described to me as shown below, the development he is proposing at that location,
and, I have no objections to his proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(To be filled in by individual proposing development)
e e tNne-,",
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Print or Type Name
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Telephone Number /
Date: b C�

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 June 14, 1996
Mr. David T. Upchurch
190 Woodland Drive
Pinehurst, NC 28374
Dear Mr. Upchurch:
woo
�EH1*,,*.lFR
This correspondence is in reference to your letter dated May 23, 1996 and your followup
telephone conversation with Mr. Ted Tyndall of this office, whereby you stated objections to
a proposed dock and boatlift project by your downstream adjacent riparian property owner, Ms.
Jane Salter. Ms. Salter's property is located on Spooner's St. in Spooner's Creek West
Subdivision, adjacent Spooner's Creek, in Morehead City, North Carolina. The proposed
project is for a 4'-wide X 75'-long pier with two platforms that measure 12' X 12' and 8' X 34'.
In addition, a 12' X 13' uncovered boatlift and one additional mooring piling is proposed.
As I understand it, you essentially objected to the project because the dock and boatlift
would be directly in line of your view of the inlet of Spooner's Creek. The Division of Coastal
Management has considered your objections and has found that the project as proposed is
consistent with the appropriate rules and regulations of the Coastal Resources Commission.
Specifically, all aspects of the project would be located within Ms. Salter's riparian area and
outside the minimum setback of 15'. As I understand it, Ms. Salter proposes to have the pilings
for the boatlift approximately 25' from your common riparian line. Given the above, the
Division of Coastal Management issued General Permit #016331-C to Ms. Salter on June 13,
1996.
If you wish to request an appeal of this permit decision, you may file a request for a
Third Party Hearing. Such a request must be filed within 20 days of the permit decision and
I am enclosing the appropriate forms you should use in making your request.
Sincerely,CDOI—L
C
cJ
Charles S. Jones
District Manager
Enclosures (GP #016331-C and Third Party Appeal Forms)
cc: Preston Pate
M. Ted Tyndall - DCM
Jane Salter
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 50% recycled/ 10% post -consumer paper

",
DAVID T. UPCHURCH
190 Woodland Drive
Pinehurst, NC 28374
May 23, 1996
NC Division of Coastal Management
P O Box 769
Morehead City, NC 28557
RE: Request for Seawall and Dock by Ms. Jane D. Salter
Lot #5, Spooner's Creek Subdivision
Gentlemen:
MAY 2 8 19r
�rrrr,�rrrrr•rrrrrrrrir��
I am in receipt of the riparian landowner agreement and drawing of improvements as referenced
above. Ms. Jane Salter and I met concerning this issue on Sunday, May 19, 1996, at which time
I requested that she give consideration to reversing the plan such that the proposed uncovered
boat lift would fall to the south end of her lot in lieu of the north end. As it stands the proposed
boat lift on the north end would be directly in line of our view to the inlet of Spooner's Creek,
the view for which we originally selected our lot. At that time Ms. Salter responded that if she
put the lift to the south end of her lot it would block her view of Spooner's Creek. Ms. Salter
also stated that because her kitchen and dining areas would be located on the south side that it
would be a burden for the lift to be in that area and in view from these living areas. Our home is
laid out in very much the same ma..rner, our dining room, kitchen and sun room are all located on
the south side of the house and will be totally blocked by her lift to be located on the north end.
The dimensions shown for the lift are such that a 27 foot to 28 foot boat such as an Albemarle or
Carolina Classic could be housed. These boats come typically with a tower and are
approximately 15 feet from the water to the top of the tower canopy. If this boat is then lifted 5
feet to clear the water and high tide then the total structure height would be 20 feet plus or minus.
The plan shows the lift to house the boat perpendicular to the shore. This serves to half the
impact on the landowner while quadrupling the impact on the riparian owners. I personally have
a similar boat parked at my dock. In consideration for my neighbors, I do not have a lift and
have parked the boat parallel to shore and inside the outer deck.

IMPORTANT
To
-L��
Date_ Time �Z , Z.Z
WHILE YOU WERE OUT %
M
of
Phone P'
AREA CODE NUMBER EXTENSION ,
tt�
TELEPHONED
PLEASE CALL
CALLED TO SEE YOU
WILL CALL AGAIN
WANTS TO SEE YOU
URGENT
RETURNED YOUR CALL
FF
Message / 1 `} ��Q
N.C. Dept. of Environment, Health, and Natural Resources
`]��� Printed on Recycled Paper

NC Division of Coastal Management
May 23, 1996
Page 2
I therefore submit to you that fair is fair and neighborly is neighborly and that the one that causes
the burden should bear it, i.e. why would we want "your" boat lift in our view when you don't
want it in your view. I therefore respectfully request that you deny the improvements as shown
on the drawing. By copy of this letter, I herein request an onsite meeting with representatives of
your office to discuss this matter, arrangements to be set by certified mail. If you have questions
concerning my comments, please do not hesitate to telephone my office. The number is 919-
692-5616.
Sincerely,
HOBBS, UPCHURCH & ASSOCIATES, P.A.
� � -�4�
David T. Upchurch
DTU/ej j
cc: Jane D. Salter, Landowner
Mack Baker, Riparian Landowner
Audrey Hardy, Riparian Landowner Mortgage Holder

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WETLAND DELINEATION FOR
JANE SALTER
LOT 5 SPOONER' S CREEK SUBDIVISION
MOREHEAD TOWNSHIP
CARTERET COUNTY, N. C.
APR I L 26, 1996 SCALE I " = 30'
POvYELL SURVEE ING- COLtn ,. Y, P.A.
F. 0. DO": 616 �_.0 0 . ', N. C. 26516

State of North Carolina
MICHAFI- F EASLEY Department of Justice
ATT()M EY ';ENERAL P. O. BOX 629
RALEIGH
27602-0629
July 21, 1996
EE . f 7'7
JUL 2 4 i996 � �'
NU
C
REPLY TO: Robin W. Smith
Environmental Division
Tel. [phone]
Faa.[phone]
Mr. David T. Upchurch CERTIFIED MAIL
190 Woodland Drive RETURN RECEIPT REQUESTED
Pinchurst, N.C. 28374
Re: Order Denying Request for Contested Case Hearing
Dear Mr. Upchurch:
Enclosed please find a copy of the order entered by the Vice -Chairman of the Coastal
Resources Commission denying your request for a contested case hearing. You may appeal the
Vice -Chairman's decision by filing a petition for judicial review in the superior court of Carteret
County within thirty (30) days after receipt of the order. Please note that a copy of any petition
must be served on the agent for service of process for the Coastal Resources Commission at the
follovvzng address:
Mr. Richard Whisnant
General Counsel
Dept. of Environment, Health and Natural Resources
P.O. Box 27687
Raleigh, N.C. 27611
Please call if you have any questions.
cc: Jane D. Salter
Amy Gillespie
Ted Tyndall
Very Truly Yours,
Robin W. Smith
Assistant Attorney General
An Equal Opportunity / Affirmative Action Employer
14

MICHAEL F. EASLEY
ArrORNEY GENERAL
David T. Upchurch
190 Woodland Drive
Pinehurst, North Carolina 28374
o , srMr o
State of North Carolina
Department of Justice
F'. O. BOX r29
RALl IGH
27602-0629
July 17, 1996
Re: Request for Contested Case Hearing
Dear Mr. Upchurch:
JUL 1 8 Is%
,.r.�,�;�.�+�
REPLY TO: Robin W. Smith
Environmental Division
Tel. [phone]
F• [phone]
The Vice -Chairman of the Coastal Resources Commission has decided to deny your
request for a contested case hearing concerning CAMA General Permit No. 16331 issued to Jane
D. Salter. You will receive an order, signed by theVice-Chairman, setting out the grounds for his
decision.
You may appeal the Vice -Chairman's decision by filing a petition for judicial review in
the superior court pursuant to N.C.G.S. §§ 113A-123(a) and 150E-45 within thirty (30) days
after you receive the Vice -Chairman's order. Once the Vice -Chairman has denied a hearing
request, the permit again becomes active and the applicant may begin construction as authorized
under the permit at any time.
Please call if you have any questions.
cc: Jane D. Salter
Ted Tyndall
Amy Gillespie
\ 11942
Very Truly Yours,
e--,- 0#_
Robin W. Smith
Assistant Attorney General
An Equal opportunity / Affirmative Action Employer
m1®rl'i

n
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
PETITION FOR )
THIRD PARTY HEARING )
BY DAVID T. UPCHURCH )
BEFORE THE CHAIRMAN
COASTAL RESOURCES COM
96 CMT 16 T�
JUL 2 4 1-496
ORDER
+mow ..............,
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 7J.0301, David
T. Upchurch (hereinafter "Petitioner") filed a Third Party Hearing Request pursuant to N.C.G.S.
§ 113A-121.1 seeking permission to file a Contested Case Petition to challenge the issuance of
CAMA and Dredge and Fill General Permit No. 16331, issued to Ms. Jane D. Salter for
construction of a pier and mooring pilings in Spooner's Creek, Carteret County, North Carolina.
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. Permit applicant Jane D. Salter owns real property located at 148 S. Spooner's
Street in the Spooner's Creek West Subdivision, adjacent to Spooner's Creek in Carteret County.
2. The Division of Coastal Management issued CAMA and Dredge and Fill General
Permit No. 16331 to Ms. Salter on June 13, 1996. The permit authorizes Ms. Salter to construct a
pier, 75 feet long and 4 feet wide, with two platforms. One platform, measuring 12 feet by 12
feet, is to constructed in the middle of the pier; the second, measuring 34 feet by 8 feet, will form
an "L" on the waterward end of the pier. The project will also include an uncovered boatlift and
one additional mooring piling on the north side of the pier.

11 2
3. The project is in the Public Trust, Estuarine Waters, and Estuarine Shoreline Areas of
Environmental Concern (AECs).
4. Petitioner David T. Upchurch owns the adjacent riparian property to the north of the
project site.
permit.
5. On June 28, 1996, Petitioner filed a Third Party Hearing Request to contest the
6. The sole grounds for a contested case hearing identified in petitioner's hearing request
is petitioner's concern that the proposed boatlift, when in use, will obstruct his view of the creek.
Petitioner has requested that the project be redesigned to locate the boatlift on the south side of
the proposed pier - away from petitioner's property.
7. Petitioner's hearing request does not identify any coastal management statute or rule
that would be violated by construction of the project as permitted under CAMA General Permit
No. 16331.
Based on the foregoing Findings of Fact, the undersigned makes the following:
CONCLUSIONS OF LAW
1. For purposes of N.C.G.S. § 113A-121.1(b), petitioner is directly affected by the
permit decision in that petitioner owns riparian property adjacent to the project site.
2. Petitioner's hearing request does not allege a violation of any coastal management
statute or rule.
3. Petitioner failed to allege facts or make legal arguments demonstrating that the request
for the hearing is not frivolous within the meaning of the statute in that:

3
Petitioner has conceded that the project will be entirely within the permit applicant's
zone of riparian access. The record also establishes that the permitted structures meet the
requirement under CAMA rules that piers be setback fifteen (15) feet from the adjacent
property's riparian lines. In fact, the pilings for the boatlift will be twenty-five (25) feet from the
dividing line between petitioner's zone of riparian access and that of the permit applicant.
Petitioner has identified no inconsistency with coastal management statutes and rules
that could be grounds for reversal of the permit decision and none is suggested by review of the
permit record.
Therefore, Petitioner's request for a contested case hearing is hereby DENIED.
This the L g day of July, 1996.
T. EriE FT8TU, fflr—, ViEe-Chairm,
Coastal Resources Commission

MICHAEL F. EASLEY
ATTORNEY GENERAL
MEMORANDUM
.ST
State of North Carolina
Department of Justice
P. O. BOX 629
RALEIGH
2 7602-0629
TO: Erie Haste, Coastal Resources Commission Vice -Chair
FROM: Amy Gillespiea�
DATE: July 11, 1996 I\j
RE: Third Party Hearing Requests
JUL 1 7 1996� '
Per our conversation earlier this week, Gene Tomlinson has informed me that he will be
unavailable next week and has delegated to you his responsibility under G.S. § 113A-121.1(b) to
rule on third party hearing requests. Enclosed is the third party hearing request and Division's
recommendation in the Upchurch case, 96 CMT 16. Your decision is due on July 15, 1996.
Please communicate your decision to the Commission's counsel, Robin Smith, at (919)
733-5725.
The Division has received another request, by Nicholas and Sandra Scronce, 96 CMT 17.
Because I am scheduled to be out of town through July 16, that packet will be sent to you via
overnight delivery on Wednesday, July 17. Your decision will be due on July 18.
I appreciate your willingness to handle these requests on such short notice.
An Equal Opportunity / Affirmative Action Employer
I::

4
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
PETITION FOR
THIRD PARTY HEARING
BY DAVID T. UPCHURCH
BEFORE THE CHAIRMAN
COASTAL RESOURCES COMMISSION
96 CMT 16
RECOMMENDATION OF DIVISION
OF COASTAL MANAGEMENT
Pursuant to G.S. § 113A-121.1(b) of the Coastal Area Management Act (CAMA), David
T. Upchurch (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. 16331, issued to Ms. Jane D. Salter.
I. FACTS
A. CAMA and Dredge and Fill General Permit No. 16331 authorizes construction of a 75 foot
by 4 foot pier with two platforms, one measuring 12 feet by 12 feet, the other an "L"-shaped pier
measuring 34 feet by 8 feet. The project will also include an uncovered boatlift measuring 12
feet by 13 feet, and one additional mooring piling. The pier system is to be attached to the
permittee's property at 148 S. Spooner's Street in the Spooner's Creek West Subdivision, adjacent
Spooner's Creek in Carteret County. See Permit, Attachment A.
B. The project is in the Public Trust, Estuarine Waters, and Estuarine Shoreline Areas of
Environmental Concern (AECs).
C. The Division of Coastal Management issued CAMA and Dredge and Fill General Permit No.
16331 on June 13, 1996.

2
D. Petitioner owns property directly adjacent to the permittee's property. On June 28, 1996,
Petitioner filed a Third Party Hearing Request to contest the permit. This petition is included as
Attachment B.
II. ARGUMENT
In order to be granted a third party hearing under G.S. § 113A-121.1(b), a petitioner must
meet three criteria: he must allege that the permit decision is contrary to a statute or rule; be
directly affected by the decision; and allege facts or make a legal argument that demonstrates that
the request for the hearing is not frivolous.
A. Petitioner has not identified any statute or rule violated by the permit decision, as required by
G.S. § 113A-121.1(b)(1).
Petitioner's argument consists of the concern that the placement of the boatlift will result
in the permittee's boat blocking the view of the creek from petitioner's house.
The CAMA and Rules of the Coastal Resources Commission provide no basis to deny a
permit request on these grounds. So long as a pier is fifteen feet away from the adjacent property
owner's riparian access lines and otherwise conforms to the Rules, the DCM permitting staff has
no authority to require reconfiguration of an applicant's pier design. In this case, all portions of
the project would be located outside the petitioner's 15 foot setback. The pilings for the boatlift
are approximately 25 feet from the common riparian line. Petitioner has failed to cite a statute
or rule that is violated by issuance of this permit and indeed, all statutory and regulatory
requirements have been complied with.
B. For purposes of this third party hearing request, DCM does not contest petitioner's
assertion that he is directly affected by the decision. G.S. § 113A-121.1(b)(2).

3
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 has not met his burden of demonstrating that his 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. § I I3A-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 1 lth day of July, 1996.
\ 11855
J
Amy R. GilVspie /
Associate Xttorney General
N.C. Department of Justice
Post Office Box 629
Raleigh, North Carolina 27602-0629
[phone]

2
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing RECOMMENDATION OF THE
DIVISION OF COASTAL MANAGEMENT was served on Petitioner David T. Upchurch by
causing a copy thereof to be deposited in the United States Mail, first class, postage prepaid,
addressed as follows:
Mr. David T. Upchurch
Hobbs, Upchurch & Associates, P.A.
290 S.W. Broad Street
Post Office Box 1737
Southern Pines, North Carolina 28388
This the I Ith day of July, 1996.
Michael F. Easley
Attorney General
J �
By
Amy R. Gilles ie
Associate A orney General
N.C. Department of Justice
Post Office Box 629
Raleigh, North Carolina 27602-0629
[phone]

ATTACHMENT "A"
:AMA AND DREDGE AND FILL
'ENERAL
ERMIT
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 C,y /700
Applicant Name T',`a `�'
�`
- -
Phone Number
Address 1f9 �
��wn-rrf
City/v�/;ct
State
i1IC
Zip a�SS7
Project Location (C-ount ,
State Road, Water Body, etc.)
> %f/'f Cl-
1
Type Project Activity
�iil ur�
0� /fir' GJ�Gtrr
�'k 3 S/' it ,.
(liGsl�dF D�a�/-yi;►r
of
,�
�
ri, ci
a cici
^rt✓' ndci. �L� o f
1
yy,Opr%rt A TJ� /i •:4
v
PROJECT DESCRIPTION
Pier (dock) length 5
•,�l L�y'U Os.� :2' kit
I, Groin length
number
Bulkhead length
.nax. distance offshore
Basin, channel dimensions
cubic yards
Boat ramp dimensions
Other
v
SKETCH �C- Ems, ETA (SCALE:
t2'y ,I'
_P LA r >= o i2 +W
' r
i�
rn�
I-
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
Finances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work.
NV
/ applicant's signature
v
r—.
��. s
permit officer's signature
issuing date expiration date
attachments �1200
In issuing this permit the State of North Carolina certifies that
this project is consistent with the North Carolina Coastal application fee
Management Program.

ATTACHMENT "B"
t Hobbs, Upchurch & Associates, P.A.
Consulting Engineers
290 S.W. Broad Street • Post Office Box 1737 • Southern Pines, NC 28388
June 27, 1996
Director, Division of Coastal Management
P O Box 27687
Ralei,h. NC 27611-7687
RE: Request for Third Party Hearing on CAMA Permit Decision #016331-C
Dear Sir:
I am herein requesting a third party hearing on the above referenced CAMA permit. On May 23,
1996 I provided a letter to the local CAMA office detailing my- concerns with the then proposed
permit. A copy of this letter is attached.
In accordance with G.S. 113A-121.1 (b)(2), the value and enjoyment of my adjacent property is
being significantly adversely affected. I am in no way opposed to my neighbors having a dock
and if they wish, a boat lift, however, if they would simply reverse the plan and put the boat lift
on the southern side of their property it would cause absolutely no adverse effect to my property.
I agree that the structures fall within Ms. Salter's physical riparin boundaries but the
configuration could be improved upon to lessen the adverse effects to our property. Further
explanation of my concerns are contained in the attached letter. I sincerely hope that you will
consider a hearing on this subject.
Sincerely,
David T. Upchurch
DTU/ejj
Enclosures
oy RELCEIVEO
JUN 281996
a) COASTAL
MX%AGEMENT
Southern Pines, NC Telephone [phone] Fax [phone]
Winston-Salem, NC Telephone [phone] Fax [phone]
Myrtle Beach, SC Telephone [phone] Fax [phone]

DCM FORM 5
PETITIONER'S NAME '17�1� 11 T U Pe,NU2C E{, THIRD PARTY HEARING
REQUEST ON
COUNTY A P,7r-G!Z e T CAMA PERMIT DECISION
FILE NUMBER (G C n� 76'
(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 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-12.1.1(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.

-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
,r L
This the 2r1 day of J LW E 19 9 4.
Signature of Petitioner or Attorney
REVISED: September 6, 1995

-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.
--Z7-��
Date
DAVID T. UPCHU2e14
Name of Petitioner or Attorney
1.
Signature
19 O Woo 01q-o% '2" .
Address
Pi N H UP-S T t �� c- 2g3-7
city state zip
( ) 9Jo - 642— 5014
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 tie 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 -

DAVID T. UPCHURCH
190 Woodland Drive
Pinehurst, NC 28374
May 23, 1996
NC Division of Coastal Management
P O Box 769
Morehead City, NC 28557
RE: Request for Seawall and Dock by Ms. Jane D. Salter
Lot 95, Spooner's Creek Subdivision
Gentlemen:
I am in receipt of the riparian landowner agreement and drawing of improvements as referenced
above. Ms. Jane Salter and I met concerning this issue on Sunday, May 19, 1996, at which time
I requested that she give consideration to reversing the plan such that the proposed uncovered
boat lift would fall to the south end of her lot in lieu of the north end. As it stands the proposed
boat lift on the north end would be directly in line of our view to the inlet of Spooner's Creek,
the view for which we originally selected our lot. At that time Ms. Salter responded that if she
put the lift to the south end of her lot it would block her view of Spooner's Creek. Ms. Salter
also stated that because her kitchen and dining areas would be located on the south side that it
would be a burden for the lift to be in that area and in view from these living areas. Our home is
laid out in very much the same mariner, our dining room, kitchen and sun room are all located on
the south side of the house and will be totally blocked by her lift to be located on the north end.
The dimensions shown for the lift are such that a 27 foot to 28 foot boat such as an Albemarle or
Carolina Classic could be housed. These boats come typically with a tower and are
approximately 15 feet from the water to the top of the tower canopy. If this boat is then lifted 5
feet to clear the water and high tide then the total structure height would be 20 feet plus or minus.
The plan shows the lift to house the boat perpendicular to the shore. This serves to half the
impact on the landowner while quadrupling the impact on the riparian owners. I personally have
a similar boat parked at my dock. In consideration for my neighbors, I do not have a lift and
have parked the boat parallel to shore and inside the outer deck.

NC Division of Coastal Management
May 23, 1996
Page 2
I therefore submit to you that fair is fair and neighborly is neighborly and that the one that causes
the burden should bear it, i.e. why would we want "your" boat lift in our view when you don't
want it in your view. I therefore respectfully request that you deny the improvements as shown
on the drawing. By copy of this letter, I herein request an onsite meeting with representatives of
your office to discuss this matter, arrangements to be set by certified mail. If you have questions
concerning my comments, please do not hesitate to telephone my office. The number is 919-
692-5616.
Sincerely,
HOBBS, UPCHURCH & ASSOCIATES, P.A.
45�� 7--�4�
David T. Upchurch
DTU/ej j
cc: Jane D. Salter, Landowner
Mack Baker, Riparian Landowner
Audrey Hardy, Riparian Landowner Mortgage Holder

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 June 14, 1996
Mr. David T. Upchurch
190 Woodland Drive
Pinehurst, NC 28374
Dear Mr. Upchurch:
AMR;
14
E)EH[NJ R
This correspondence is in reference to your letter dated May 23, 1996 and your followup
telephone conversation with Mr. Ted Tyndall of this office, whereby you stated objections to
a proposed dock and boatlift project by your downstream adjacent riparian property owner, Ms.
Jane Salter. Ms. Salter's property is located on Spooner's St. in Spooner's Creek West
Subdivision, adjacent Spooner's Creek, in Morehead City, North Carolina. The proposed
project is for a 4'-wide X 75'-long pier with two platforms that measure 12' X 12' and 8' X 34'.
In addition, a 12' X 13' uncovered boatlift and one additional mooring piling is proposed.
As I understand it, you essentially objected to the project because the dock and boatlift
would be directly in line of your view of the inlet of Spooner's Creek. The Division of Coastal
Management has considered your objections and has found that the project as proposed is
consistent with the appropriate rules and regulations of the Coastal Resources Commission.
Specifically, all aspects of the project would be located within Ms. Salter's riparian area and
outside the minimum setback of 15'. As I understand it, Ms. Salter proposes to have the pilings
for the boatlift approximately 25' from your common riparian line. Given the above, the
Division of Coastal Management issued General Permit #016331-C to Ms. Salter on June 13,
1996.
If you wish to request an appeal of this permit decision, you may file a request for a
Third Party Hearing. Such a request must be filed within 20 days of the permit decision and
I am enclosing the appropriate forms you should use in making your request.
Sincerely,10001-L
C
cJ
Charles S. Jones
District Manager
Enclosures (GP #016331-C and Third Party Appeal Forms)
cc: Preston Pate
M. Ted Tyndall - DCM
Jane Salter
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier I11-12-09
Telephone [phone] FAX [phone]
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