21013_BEUN, BRUCE_19991112

CAMA AND DREDGE AND FILLi
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 State Zip 7 1
Project Location (County, State Road, Water Body, etc.) Gil-ey- q-./'
Type of Project Activity
PROJECT DESCRIPTION SKETCH l�E<
Pier (dock) length
G roi n.Length
number
Bulkhead length
max_ distance offshore
Basin, channel dimensions
cubicyards
Boat ramp dimensions
Other`
. 7 A c-,. (SCALE: NvnlC )
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.
x
applicant's signature
permit officer's signature
issuing date expiration date
07� . Iv0
attachments !
fill
application fee

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2 1998

DR BRUCE L BRYN 1133
KATHLEEN J BRYN
266 WILDWOOD DR 66j-152/531 CC
ORIENTAL, NC 28571
_ Date �
Order le
Dollars
Wachovia Bank, N.A.
Wgbo-, NC 28515
Me„10��%��2�� �' 16 ►' 3
i:053 LO IS 291: 0 78 3 2090361I' L 133
-A NU IM9

Author: Ted Tyndall at NROBA03P
Date: 11/11/98 4:41 PM
Priority: Normal
TO: Scott Jones
Subject: Re:
------------------------------------ Message Contents ----------- -------------------------
Scott,
When you get a chance, go ahead and issue a permit to Dr. Brynn for
the bulkhead but delete the slip extension. After you issue, I need
to write a letter to Ms. ford stating that we have issue a permit over
her objections. Please put the permit and letters of objections on my
desk to remind me.
As far as Mr. Parker goes, if he will agree to the removal of the
outer board and one wingwall of the "swimming area" then I would have
no problems to you issuing a permit to go in front of the exisiting
concrete or wharever was there. I have put his check on your desk.
Thanks for all your hard work.
Ted.

SEP 10 1998
4 September 1998
Division of Coastal Management
Hestron Plaza II
151B Hyw 24
Morehead City, NC 28557
RE: Dr. Bruce L. Bryn, Trustee
Application for permit
266 Wildwood Drive
Oriental, NC
Dear Sir,
In response to the recent request for a permit by the above named
trust please accept this letter as my objection to the issuance of
the permit.
It is my belief that if the permit is issued and the improvements
put in place, they will cause my shoreline to erode and will
present a hazard to navigation. The improvements he is requesting
are, in my opinion, not necessary. The use of his property will
not be hampered by the refusal of the improvements requested.
Again, I strongly object to the proposed improvements and request
that you deny his request for a permit.
Sincerely,
Joan Ford

6xr' Thy Nath Carofna
ERTI TURN RECEIPT REQUESTED ©-, D.P.K-KMKNalval r rt.
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
DR. Bruce L. Bryn, Trustee
Name of Individual applying for Permit: Rr-,�n Fami 1 )z Trust
Address of Property: 266 WILDwoOD DRIVE
ORIENTAL, N.C. 28571
(Lot or Street #i, Street or Road, City & County)
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or drawing, with dimensions, should be provided with this
letter.
I have no objections to this proposal.
If you have objections to what is being proposed, please write the Division of Coastal
Management, Hestron Plaza II, 151B, Hwy. 24, Morehead City, NC, 28557 or call (919) 808-
2808 within 10 days of receipt of this notice. No response is considered the same as no objection
if you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boat house, lift or sandbags must be
set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you
wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
Si azure Date
_; ti- n. 1S. ors d
Print Name
SEP 1 0 1998
Telephone Number With Area Code

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UNITED STATES POSTAL SERVICE First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Print your name, address, and ZIP Code in this box •
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•CIVUCI t: I also wish to receive the
■Complete items t and/or 2 for additional services.
■Complete items 3, 4a, and 4b. following services (for an
■ Print your name and address on the reverse of this form so that we can return this extra fee):
card to you.
■Attach this form to the front of the mailpiece, or on the back if space does not permit. 1. El Addressee's Address
�
■ Write'Return Receipt Requested" on the mailpiece below the article number. 2. ❑ Restricted Delivery to
■The Return Receipt will show to whom the article was delivered and the date ..
delivered. Consult postmaster for fee. c
3. Article Addressed to: 4a. Art' le NumberlZ
Jva>, ,5 Farb% o31 63i C()3
4b. Service Type
❑ Registered 4Er Certified W
VI/l r.( r), >f P/C
5. Received By: (Print Name)
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❑ Express Mail ❑ Insured
❑ Return Receipt for Merchandise ❑ COD
7. Date of Delivery
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8. Addressee's Address (Only if requested
and fee is paid) r
6. Signatur : (Addressee or Agent)
Ps For, 3811, December issa Domestic Return Receipt

P 039 031 003
Receipt for
Certified Mail
No Insurance Coverage Provided
UNITED STATES Do not use for International Mail
POSTALSERVICE
(See Reverse)
Sentt !/
Goa ✓\ S. p fc�
Street awSi N}
P.O., Stat and ZIP Cod
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Postage
$
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Certified Fee
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Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing
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to Whom & Date Delivered
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Return Receipt Showing to Whom,
Date, and Ad ddress
TOTAL sta 6
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CERTIFIED MAIL * RETURN RECEIPT REQUESTED e ') o'W E, Al"_
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
DR. Bruce L. Bryn, Trustee
Name of Individual applying for Permit: Rryn Fami I y Trust
Address of Property:
266' WILDWOOD DRIVE
ORIENTAL, N.C. 28571
(Lot or Street #, Street or Road, City & County)
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or drawing, with dimensions, should be provided with this
letter.
I have no objections to this proposal.
If you have objections to what is being proposed, please ►vlzte the Division of Coastal
Management, Hestron Plaza II, I51B, Hivy. 24, Morehead City, NC, 28557 or call (919) 808-
2808 within 10 days of receipt of this notice. No response is considered the same as no objection
if you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boat house, lift or sandbags must be
set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you
wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
Signature Date
Print Name
Telephone Number With Area Code

15, 1P�1
S P 5TS�
I
151
((Imaginary
property
line)
151
10
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,FCRD FENCE
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(LOWER BROAD CRE EK
EXISTING POSTS
58' o a�
24'
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58' O
60'
SHORE INE
5 0 '
DOCK
\PROOSED RI\AP
STONE \\
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TREES
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F I L ()
19, ° AUG 19 -PM Lt. 16
STATE OF NORTH CAROL�IN THE GENERAL COURT OF JUSTICE
^
PAMLICO COUNTY SY
BRUCE L. BRYN, ET AL.,
Plaintiffs
vs.
)
JOAN S. FORD )
Defendant )
SUPERIOR COURT DIVISION
94 CVS 169
ORDER AND JUDGMENT
THIS CAUSE was heard before the undersigned Judge Presiding over the June 1,
1998, session of Pamlico County Superior Court (civil) upon this Court's Order Requiring
Defendant to Show Cause" as to why she should not be held in contempt for failure to
comply with this court's prior order, pursuant to N.C.G.S. 5A-11, et seq, and 5A-21, et
seq. Plaintiffs were present in court and were represented by David H. Rogers and
Defendant was present in court and was represented by Moses D. Lassiter. Upon this
Court's consideration of the case file in this action, the sworn testimony of the parties and
their witnesses, and the argument of counsel, the Court makes the following Findings of
Fact and Conclusion of Law:
FINDINGS OF FACT
1. On August 18, 1995, the Honorable W. Russell Duke, Jr., signed and
entered his judgment granting Plaintiff's motion for summary judgment in the above
captioned cause of action and ordered all relief for which the Plaintiffs had in their
complaint prayed, "as a matter of law." The judgment ordered that plaintiffs were granted
"a perpetual non-exclusive easement for ingress, egress, and regress to and from" their
property. This easement fundamentally consisted of a 60' wide dirt or gravel roadway,
known as "Wildwood Drive," running roughly in a northerly direction from paved
N.C.S.R. 1320 to its specifically defined and delineated "northern terminus."
2. This said "northern terminus" of the said easement is clearly set forth in the
said judgment of Judge Duke. and is, in fact, coincident with and a portion of the southern
property line of the defendant's subject property. Judge Duke's said judgment was
certified by the clerk of this court to the register of deeds of Pamlico County and has been
recorded in Book 307, pages 98 thru 100, of the Registerof Deeds of Pamlico County.

I Following the entry of the said Judgment by Judge Duke, the defendant
gave notice of appeal to the NC Court of Appeals; and the said appeal was perfected and
briefed. Thereafter, the Court of Appeals, in its opinion dated December 17, 1996,
overruled all of defendants objections and exceptions and affirmed in its entirety the said
judgment entered by Judge Duke.
4. Defendant has at all times possessed the means to comply with and/ or was
able to comply with Judge Duke's said order.
5. Notwithstanding the clear and unambiguous proscriptions to the defendant
ordered by Judge Duke and her ability to comply with said order, the defendant has from
the date of Judge Duke's said order continued to the date of this hearing to willfully,
intentionally, wantonly and maliciously refuse to comply with its terms, to wit:
She has continuously parked and caused to be parked in the northern end of the
said easement and south of the aforesaid fence, a cluster of some four or more vehicles,
automobiles, pick-up trucks, etc., leaving the said vehicles in this area in a deliberate
action to further foreshorten in a southerly direction the northern end of Wildwood Drive
by some 20 to 30 feet. Some of the said vehicles parked on the northern end of the said
easement are abandoned, unregistered, unlicensed and / or undrivable vehicles and they
interfere with plaintiffs' full and uninhibited enjoyment of their real property and their free
access to State Road 1320 by means of Wildwood Drive.
6. The defendant has fence on the land lying to the south of the said "northern
terminus" of the said easement thus blocking anyone's use of that portion of the easement
making it no longer subject to said easement and / or available for use by Plaintiffs and
other persons traveling along Wildwood Drive. She refuses to remove said fencing to a
line north of the "northern terminus" of said easement.
7. A large and substantial tree stands in the center of Wildwood Drive and
approximately 23 to 30 feet south of the said "northern terminus" of the said easement.
The situs of this tree makes it impossible for anyone using Wildwood Drive to be able to
turn around at the northern end or for the U.S. Postal carrier to navigate his proper route
to all residences in this area, and causes persons driving to the west of the northern end of
Wildwood Drive, i.e., to the Stephen W. Cummings residence, to have to drive over the
unencumbered northeast portion of Lot 4 in the "Broad View I" subdivision, thus
trespassing on that Lot 4.
CONCLUSIONS OF LAW
1. The aforesaid actions by the Defendant JOAN S. FORD are all in willful
violation of Judge Duke's Judgment which permanently restrains the Defendant from
taking "any action of any kind or nature so as to obstruct or interfere with Plaintiffs right
of ingress, egress, and regress to and from Plaintiff's property along and upon Wildwood

Drive" and orders that the "Defendant, within thirty (30) days of the entry of this
judgment, shall remove all motor vehicles," etc., from said easement.
2. The Defendant is in civil contempt of Judge Duke's said order, pursuant to
N.C.G.S. 5A-21 (a), and this is a continuing civil contempt.
3. This court deems the incarceration of the Defendant under the provisions
of N.C.G.S. 5A-21 (b) and (c) to be inappropriate at this time.
THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED
that:
1. The Defendant is in continuing civil contempt of Judge Duke's Judgment
and Orders of August 18, 1995.
2. The Defendant shall immediately remove all vehicles of whatever kind from
the northern terminus area of Wildwood Drive and will not permit the parking in that area
of her own autos or those of her family or friends, but will cause such vehicles to be
parked on her own property.
3. The Defendant shall immediately cause the removal of her fence presently
running along the proximity of, but to the south of, the southern boundary of her property
and cause it to be reinstalled, if at all, on or inside her property lines. If said fence line is
not removed and relocated as ordered within (30) days of the date of this order, the
Plaintiffs are hereby authorized to hire a commercial company to take down the said
offending fence and bill all costs so involved to the Defendant. The bill for said costs shall
then constitute a lien against the Defendant's said property until paid.
4. The Plaintiffs and/or their agents are hereby authorized to cause the
removal of the tree described in "Finding of Fact: 7, above, and at their own expense; and
neither the Defendant nor herfige-n1s­`sha4 interfere in any way with said tree removal.
This the c y of August, 199
James E. Ragan, III y
Resident Superior Court Judge

ADJACENT RIPARIAN PROPERTY OWNER STATIaUNT
(FOR A PIER/MOORING PP1LINGS/B0ATLIFT/B0ATH0USE)
P
I hereby certify that I own property adjacent to _94c- R I- B R
I
(Name of Property Owner)
property located at 266 WI LDWOOD DRIVE
(Lot, Block, Road, etc.)
on LOWER BROAD CREEK in ORIENTAL
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.
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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Signature
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Print or Type Name
15-4 — L 33 —5 egg
Telephone Number
Date: Z �, Gj 7

lap 9
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
4November
DIVISION OF COASTAL MAN EMENT
22 1
998
NCDENR
Ms. JoanS. Ford
JAMES B. HUNT JR. P.O. BOX 95
GOVERNOR Merritt, NC 28556
Dear Ms. Ford:
WAYNE MCDEVITT
SECRETARY This correspondence is in reference to your letter of September 4, 1998 whereby you
stated objections to a proposal by Dr. Bruce L. Bryn, your adjacent downstream
riparian property owner. Dr. Bryn proposed to place approximately 100' of rock rip
rap along the shoreline and add 5 new mooring post to an existing dock on and
DONNA D. MOFFITT adjacent to his property at 266 Wildwood Drive, on Lower Broad Creek, near
DIRECTOR Oriental, in Pamlico County.
The North Carolina Division of Coastal Management has given careful consideration
to your objections and has determined that the project is consistent with the pertinent
rules and regulations of the Division. Consequently, the Division issued a general
permit on November 12, 1998 authorizing construction of the rip rap along an
approved and staked alignment. However, Dr. Bryn withdrew his request to install
the 5 additional mooring pilings and no permit was issued for that part of his proposal.
I have enclosed a copy of the permit for your review.
If you wish to appeal this permit decision, you may file a request with the Director
of the North Carolina Division of Coastal Management, Department of Environment
and Natural Resources within 20 days of the permit decision. If you have any
questions regarding this matter, please don't hesitate to contact me at my Morehead
City Office (919-808-2808).
.t_ R �L. 13Ysm:'J.:a.
Sincerely,
M. Ted Tyndall
_--on� District Manager
Enclosure
cc: M. Scott Jones - Coastal Management Rep.
Charles S. Jones - Assistant Director, DCM
Dr. Bruce L. Bryn
MOREHEAD CITY OFFICE
HESTRON PLAZA II 151-B HIGHWAY 24 MOREHEAD CITY NC 28557
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

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