HomeMy WebLinkAbout20010917 Ver 1_COMPLETE FILE_20010613OF WA TFq Michael F. Easley
'O? Q Governor
co 7 William G. Ross, Jr., Secretary
3 r- Department of Environment and Natural Resources
O `C Kerr T. Stevens
Division of Water Quality
June 22, 2001
DW Q# 01-0917
Carteret County
John Dixon
166 Yaupon Drive
Atlantic, NC, 28511
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Mr. Dixon:
You have our approval, in accordance with the attached conditions, to place fill in 0.014 acre of shallow bottom in order to
excavate an access channel and basin into the yard of your residence in Carteret County, as described in your application received by the
Division of Water Quality on June 5, 2001. After reviewing your application, we have determined that this fill is covered by General Water
Quality Certification Number 3274 which can be downloaded from our web site at http://h2o.enr.state.nc,us/ncwetlands . This Certification
allows you to use your CAMA Permit when it is issued by the NC Division of Coastal Management. In addition, you should get any other
federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-
Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying CAMA Permit expires unless
otherwise specified in the General Certificqtion.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you
must notify us and you may be required to send us a new application for a new certification. If the property is sold, the new owner must
be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. ,If total wetland fills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h).
For this approval to be valid, you rngst follow the conditions listed in the attached certification and the additional condition listed below:
1. The upland basin shall be dug first, leaving a plug in place until all work is completed within the basin.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter 150B of the North
Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please telephone Ms. Joanne Steenhuis in DWQ's Wilmington Regional Office at 910-395-3900 or Ms. Cyndi Karoly in Raleigh
at 919-733-9646.
Sincerely,
Kerr T. Stevens
Attachment
cc: Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Central Files
File Copy
Doug Huggett
Isaac Goodwin, 142 Goodwin Ridge Lane, Cedar Island, NC, 28520
010917
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
MEMORANDUM
TO: John Dorney Regional Contact: Joanne Steenhuis
Non-Discharge Branch WO Supervisor: Rick Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name John Dixon c/o Issac Goodwin
Project Number 01 0917
Recvd From DCM
Received Date 6/13/01 Recvd By Region
Project Type access channel, bulkhead, pilings
Certificates Stream
County Carteret
County2
Region Wilmington
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
Stream Impacts (ft.)
E E
-
AMA I O YO N F- 21-35-7-10 SA ORW 30,504. F_F_ F-1
w ?
JOY:' ON
r
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more Info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This office would like to condition this permit so that the upland basin is dug first leaving a plug in
place until all work is done w/in the basin,
cc: Regional Office
Central Office Page Number 1
. ,/
U
Development Type FEE DCM % DWQ %
14300 1601 435100093 1625 6253 24300 1602 435100095 2341
1. Private, non-commercial
development that does not Involve $250 100%($250) 0%($0)
the filling or excavation of any
wetlands or open water areas:
IL Public or commercial development
that does not Involve the filling or $400 100%($400)
0% ($0)
excavation of any wetlands or open
water areas:
III. For development that involves the
filling and/or excavation of up to 1
acre of wetlands and/or open water
areas, determine if A, B, C, or D
below applies:
III(A). For Private, non-commercial
development, If General water Quality $250 100%($250) 0%
($0)
Certification No.3301 (see attached)
can be applied:
III(B): For public or commercial
development, if General water Quality
Certification No.3301 (see attached) $400 100%($400)
0% (50)
can be applied:
III(C). If General Water Quality
Certification No. 3301 (see attached)
could be applied, but DCM staff
determined that additional review and $400 60%($240) 40%($160)
written DWQ concurrence is needed
because of concerns related to water
quality or aquatic life:
III(D). If General Water Quality
Certification No. 3301 (see attached) 00 60%($240) 40%(S160)
can not be applied:
IV. For development that involves
the filling and/or excavation of more
than one acre of wetlands and/or $475 60%($285)
40% ($190)
open water areas: i
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Mr. John Dixon; Agent - Mr. Isaac Goodwin
2. LOCATION OF PROJECT SITE: The site is located in the Township of Atlantic, in the eastern part
of Carteret County. The address is 166 Yaupon Drive, adjacent to Core Sound, between Thorofare
Bay and Nelson Bay.
Photo Index - 2000: #692, Grid 10-M 1995: #663, Grid 18-S GPS #L022115B
State Plane Coordinates - X: 2796650 Y: 419100
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2/21/01; 5/09/01
Was Applicant Present - Yes; Yes
5. PROCESSING PROCEDURE: Application Received - May 21, 2001
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County
Land Classification From LUP - Rural/Conservation
(B) AEC's Involved: CS, EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic
Planned - None
(F) Type of Structures: Existing - Residence, Rip Rap,
Planned - Access channel, boat basin, bulkhead, dock w/3 slips, groin
(G) Estimated Annual Rate of Erosion: N/a
Source - N/a
7. HABITAT DESCRIPTION: [AREA]
DREDGED
(A) Other
High Ground 6160 sf 22,000 sf 816 sf
Shallow Bottom ETT
(D) Total Area Disturbed: 29,576 sf
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW Open: Yes
8. PROJECT SUMMARY: The applicant proposes to excavate an access channel and basin into the yard
of his private residence in Atlantic, Carteret County. He proposes to stabilize these features with a
timber bulkhead wall, and construct a dock with mooring pilings within the basin to create 3 slips.
Also, the applicant wishes to slow the scour along his shoreline through the construction of a rock
groin.
FIELD INVESTIGATION REPORT:
John Dixon
Page 2
9. NARRATIVE DESCRIPTION:
The project site is located within the Township of Atlantic, in the eastern part of Carteret County. The street address
is 166 Yaupon Drive, which lies adjacent to Core Sound, between Thorofare Bay and Nelson Bay. This is a rural
area, primarily developed with single family residences. Much of the surrounding area is forested, while the subject
property is cleared lawn, averaging +5' to +7' msl in elevation. There is a residence on site presently, serviced by a
private well and septic system. This tract is 1.4 acres in size, with sound frontage of 145'. There are no wetlands
bordering this shoreline. Core sound at this location exhibits features of a high energy system, and indeed has a wide
expanse of open water conducive to high energy. The subject property lies on a point of land known as Steep Point.
There are several high ground canals and boat basins similar to the one proposed along this shoreline, due to the
difficulty of docking a boat along a pier in this high energy system. The substrate is very sandy, and undulating.
Core Sound is not a designated Primary Nursery Area by the NC DMF. The waters are open to the taking of
shellfish, and the NC DWQ classifies the waters as SA-ORW. Carteret County classifies this area of Atlantic as Rural
in their Land Use Plan, with all AEC's classified as Conservation. The tidal amplitude in this area is approximately
2't. The longshore transport along this shoreline is in primarily a south to southwest direction. The water depth
immediately adjacent to the rock revetment of the shoreline is -4' nlw.
The applicant proposes to excavate a canal through his high ground property, terminating in a boat basin. The basin is
to be stabilized with a timber bulkhead wall, and 3 docking slips will be created with high ground decking and
mooring pilings. Also proposed is a rock groin along the north property line, to prevent the shoaling of his access
area and reduce the scour along the shoreline.
Specifically, the access channel will begin on the waterward side of the existing rip rap, with the removal of the rock
and excavation of the bottom to -4' nlw. The canal width is proposed for 16', to continue inland for a distance of
135'. The basin is proposed in an "L" configuration, extending toward the southern property line. This feature is to
be 80' x 50', also to a depth of -4' nlw. The closest point of the canal and basin to either property line is 20'. The
landward end of the basin is proposed to be located 115' from the nearest point of the septic system drain field. Spoil
material removed for the creation of the canal and basin will be placed on the neighboring property owned by Mr. Bill
Terry (authorization on file). The area designated for spoil placement is 100' x 220' in size, is high ground, and 30'+
from the nhw contour.
The basin and canal will be stabilized with 514' of timber bulkhead wall. This structure will begin at the waterward
end of the canal, and will continue through the canal, around the basin, and down the opposite side of the canal. Two
docks are proposed along the landward sides of the basin, located on high ground at the water's edge. The 86' x 6'
dock will be at the back end of the basin, and the 50' x 6' dock will lie along the southwest side. Four mooring piles
will create 3 slips within the basin.
Along the northern property line and extending into Core Sound, the applicant proposes to construct a 75' x 8' granite
groin. With a bottom width of 8' and a top width of 2', the structure will extend approximately 2.5' above the nhw
level, creating 1:2 side slopes.
This development is intended for the private use of the property owner.
9. ANTICIPATED IMPACTS:
As proposed, approximately 2282 cubic yards of high ground material will be removed from an area of lawn
approximately 6160 sf in size. The spoil will require the filling of approximately 22,000 sf of high ground property
adjacent to the site. The docks will be located within the newly formed buffer created by the excavation of the basin,
but will serve a water dependent use. They will shade or incorporate approximately 816 sf of high ground. The rock
groin will require the filling of 600 sf of sandy bottom area.
T. Barrett June 01, 2001 Morehead City
BILL J. TERRY
5252 Mineral Springs Mountain Road
Alf 1 L??
Connelly Springs, NC 28612
Phone 3;_;r-874-1254
D
Form DCAI-111P-1
t
APPLICATIO
(I'o be completed by all applicants)
1. APPLICANT
a. Landowner:
_AAlly ,. .._
b. City, town, community or landmark
ATLANTIC
c. Street address or secondary road number
166 YAUPON DRIVE
Name JOHN DIXON d. Is proposed work within city limits or plat
jurisdiction? Yes X No
Address 166 YAUPON DRIVE
e. Name of body of water nearest project (e
g
r
City ATLANTIC State NC .
.
creek, sound, bay) CORE SOUND
Zip 28511 Day Phone 252-291-0318
Fax 3. DESCRIPTION AND PLANNED US
b. Authorized Agent: OF PROPOSED PROJECT
Name ISAAC GOODWIN a. List all development activities you propose
building a home, motel, marina, bulkhead, pier,
Address 142 GOODWIN RIDGE LANE excavation and/or filling activities.
BUILD BOAT BASIN,
City CEDAR ISLAND State NC _
BULKHEAD, ROCK GROIN,
WALKWAY, & SLIPS
Zip 28520 Day Phone 252-225-1871
b.
Is the proposed activity maintenance of an exist
-
F
ax
project, new work, or both? NEW
C. Will the project be for public, private or commerc
c. Project name (if any) use? PRIVATE
d. Givtr a brief description of purpose, use, methods
construction and daily operations of propo,
NOTE: Permit will be issued in name of imsdo%ner(t), andlor project. If more space is needed, please att:.
Project name. additional pages. DIG AND CONSTRUCT
BASIN AND RETAINING WALLS
CONNECTING INTO CORE SOUND,
2. LOCATION OF PROPOSED WALKWAY
AND NECESS R GE
F
A
IES
PROJECT
CARRY ROCK ON BARGE AND OFF LOA:
a. County CARTERET
a DCNI-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 16 5 x 5 3 0 x 7 5
b. Size of individual lot(s) 165 x 530 x 75
c. Approximate elevation of tract above MHW or
NWL 7
d. Soil type(s) and texture(s) of tract
-- aA mn S, nTRT
e. Vegetation on tract LAWN
f. Man-made features now on tract HOUSE
g. What is the CAMA Land Use Plan land
classification of the site? (Consul, the local Lana use plan.)
X Conservation Transitional
Developed Cgmmunity
Rural Other
h. How is the tract zoned by local government?
A-2, A-
L Is the proposed project consistent with the applicable
zoning? x Yes No
(Attach Zoning co?TUance cer-rificnre, if applicable!
j. Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
1. Are there wetlands on the site? Yes x No
Coastal (marsh) NO Other
If yes, has a delineation been conducted?
(Attach documewarion, if atixx lable)
M. Describe existing w
MAY 2 1 2001
e
eS.
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
NONE
o. Describe existing drinking water supply source
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims tide, plus written permission
from die owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by II" white paper. (Refer to
Coastal Resources Commission Rule 7!.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
An UCN1-1111'-1
site. Include highway or secondaiy road (SIZ)
numbers, landmarks, and the like.
• A Slormwater Certification, if one is nccc,;nary
• A list of the names and complete addresses of the
adjacent waterfront (riparian) Imidowrim and
signed return receipts as proof tint sucjr ossners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Naive BILLY JOE TERRY
Address 5252 MINERAL SPRINGS M'I'N. RD.
Phone CONNELLY SPRINGS NC 2£3612
Name KARFnr Tana, H NSEN
Address PO BOX 70, ATLANTIC, NC 2 8 5 l 1
Phone - -
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
C-1582
$400.00
• A clieck for 325i1-tnacle payable to the Department of
Enviromnent, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC Ira7nrd notice for projects in
oceanfront and inlet areas.
• A statement of compliance «ith lire N.C.
Environmental Polic s Act (N.C-G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the Nortlt Carolina
Environmental Policy Act.
MAY 2 1 2001
COASTAL MANAGEMENT
MGL E:Art
6. CERTIFICATION AND PER-NUSSI(
TO ENTER ON LAND
I understand that any permit issued in response to t.
application will allow only the development described
the application. The project will be subject to conditic
and restrictions contained ;n the permit.
I certify that to the best of my knowledge, the propos
activity complies with the State of North Carolini
approved Coastal Management Program and will I
conducted in a manner consistent with such program.
I certify that I arrr authorized to grant, and do in fac
grant permission to representatives of state and ftxler
review agencies to enter on the aforementioned lands ii
connection with evaluating information related to t}i
permit application and follow-up monitoring of fl.
project.
I further certify that the information provided in Vi
application is truthful to the best of my knowledge.
This is tlte,?: day of/*yA
Print Name ISAAC GOODWIN
Signature
L dow nrr or Audwriz-rd Ageni
Please indicate attachments pertaining to your proposed
project.
DCM NIP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MPA Stmctures Information
DCM NIP-5 Dridges and Culverts
DCM W-G Marina Development
N0T'F_: Please sign and date each arraclunent in the
space provided at the bottom of each jrr771.
400 copies of this public dociny,r•r,r :_.. -
FUnn,1)CIN(-,M1)-2
EXCAVATION
AND -FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCNI-NIP-l. Be sure to complete all
oilier sections of the Joint Application that relate to this
proposed project.
Describe be!ow the purpose of proposed excavation or
fill activities. All values to be giver[ ill fret.
1. EXCAVA'T'ION
a. Amount of material to be excavated from be!ow
11tITW or NWL in cubic yards 2280 Cv
b. Type of material to be excavated SAND & DIRT
Access
channe!
(MLA) or (NWL)
A ver:tge
ExistinK
Length ?N idth Depth
r I ,a
i?nj P ct
De. pth
c. Doe, the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes _X_ No
d. High round excavation in cubic yards 2280 Cy
Carl al
Boat
basin
Boat
ramp
Ruck
gruill
Ruck
breakwater
Qtlrer
(t- :clu?fing
?h?7reiine
?tt'riii: ?tiru,)
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area LOT 2 VANN SANT S/1
ADJACENT TO PROJECT
b. Dimensions of disposal area 100' x 220 r
c. Do you cla:rn title to disposal area?
Yes X No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
111.1 intenance7 _x Yes No
If yes, where? _S ?QCATTON
4
Does the disposal aria include any crrastal wetlands
(marsh), SAVs or other wetlands? r-W-?
Yes X No
f. Dries the disposal include any area in the wat r
Yes X No
]f e.;
( Amount of material to be placed in th
I water .. h[/A
I Dimensions of fill area N/A
MAY N 1 2001
) I Purpose of fill N/A
b. Will fill material be placed in coastal wetland
(marsh), SAVs or outer wetlands?
Yes x No
If yeas,
(1) Dirnemsions of fill area N/A
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
x Bulkhead Riprap
b. Length
514'
c. Average distance waterward of N114W or NWL .
0 '
d. Nh-ximurn distance v?atervvmd of h111W or N`F'L
0'
(2) Purpose of fill
5. GENERAL
a. Flow will excavated or fiil material be kept on sit,
e. Slioreline erusion during preceding 12 rnondis and erosion controlled? SILT FENCE, PLUG
NONE
(Source of inf(,rwuivnJ
f. Type of bulkhead or riprap material
BULKHEAD
g. Amount of fill in cubic yards to be placed belo«
water level
GROIN (1)-Rtr7T- 90 CY
(2) Bulkhead backfill N/A
h. Type of fill material ROCK
i. Source of fill material CLARKS OUARRY
b. Wimt type of construction equipment will be use,
(fur example, dragline, backhoe, or hydraulic
dredge)?
EXCAVATOR, BACKHOE, DUMP 'T'RUCKS
c. Will wetlands be crossed in transporting equiprrte:t
to project site? Yes X No
If yes, explain steps that will be takeg to lessc,
envirorunental impacts.
4. OTHER FILL ACTIVITIES
(Excluding Shoreline S(ahili7m icrn)
a. Will nil materi;d be brought to site''
Yes X No
Applies ar Frnject N,
'Ir
_ V d
Signstttre
- __-L- -
l)ete
n ....__ I ,,,..,
avi ui iJl l?l-:YIY-?
STRUCTURE'S .T
(Construction within Public Trust Areas)A 2 1 2001
Attach this form to Joint Application for CAMA Majo
r
Permit, Form DCM-MP-1. Be sure to complete all e. Moo ring buoys
other sections of the Joint Application which relate to (1) -Commercial -Community
Privat:
this proposed project. (2) _
Number
(3) Description of buoy
a. Dock(s) and/or Pier(s) (Color, inscription, size, anchor, etc.)
(1) ._. Commercial -Community X Private
(2) Number 2
(3) Length 86'x 50
(4) Width 6 ' x 6 ' (4) Width of water body
(5) Finger Piers Yes No (5) Distance buoy(s) to be placed beyond
(i) Number shoreline
(ii) Length
(iii) width
f• Moor -
ing structure Ebe?tJi€t_moorin * ilino ,
(6) Platform(s) Yes No (1) -Commercial _Community X Private
(i) Number (?) Number 4
(ii) Length (3) Length
(iii) Width (4) width
(7) Number of slips proposed 3 IN BASIN
(8) Proximity of structure to adjacent riparian g• Other ??'v` complete description)
property lines 201
(9) Width of water body
(10) Water depth at waterward end of pier at
MLW or N-WL 4' NLW
b. Boathouse (including covered lifts)
(1) Commercial
(2) Length Private
(3) Width
C. Groin (e.g. wood, sheetpile, etc.)
(1) Number 1
(2) Length(s) 75
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length
(?) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
ela,J
Applicant or Project N
4Sme
Date
Revised 03/95
?v
I
State of North Carolina
Department of Natural Resources and Community Development
Division of Marine Fisheries
P.O. Box 769 0 Morehead City, North Carolina 28557-0769
games G. Martin, Governor William T. Hogarth, Director
V/illiam W. Cobey, Jr., Secretary 18 August 1989 (919) 726-7021
CERTIFIED
P 748 130 440
Mr. & Mrs. Murphy F. McGirt, Jr.
208 Hodges Lane
Kinston, NC 28501
Re: McGIRT, MURPHY F. JR.
CAR-0174-000-0001
Dear Mr. & Mrs. McGirt:
Consistent with the authority vested in me by the Secre-
tary of the Department of Natural Resources and Community
Development, I have recently reviewed the G.S. 113-205 claim to
submerged land filed by W. Carey Van Sant on or before 1
January 1970. In my review, I have consulted with
representatives of the Attorney General's Office. This letter
addresses only the land or lands described herein. If your
claim also concerned other lands not described in this letter,
these portions of your claim will be addressed under separate
correspondence.
The below description leads us to the finding that no
portion of this property is submerged or beneath navigable
waters and, therefore, not within the scope of G.S. 113-205.
Tract No. 3 of the Van Sant Brothers Subdivision as
described in Book 468 Page 392, in the Register of Deeds'
office in Carteret County.
Because this property is adjacent to navigable waters, you
may have certain riparian rights such as the right to build a
pier for access to open water. These rights are inherent in
the land itself and are not affected by a finding that the
property described does not include any navigable waters.
An Equal Opportunity Affirmative Action Emploper
s. Murphy F. McGirt, Jr. l 1I mm `z i "',
just 1989
These riparian rights do not include the right to exclude any
member of the general public from exercising their public trust
rights. Should you wish to contest this determination, G.S.
113-206(e) allows you three (3) years from the date of your
receipt of this notice to file civil action in the Superior
Court of the county in which the property is located.
Thank you for your patience while your claim was resolved.
If you have any questions concerning this matter, please
contact P.A. Wojciechowski, Director of the Submerged Lands
Program at the letterhead address, or by telephone at
1-800-682-2632.
Sincerely,
74;4?
William T. Hogarth, Ph.D.
Director
WTH/jjp
cc: P.A. Wojciechowski
cc: Attorney General's Office
cc I
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