20070082 Ver 1_More Info Received_20070309

Ck w A rFg Michael F. Easley, Governor
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r North Cazolina Department of Environment and Natural Resources
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~ .~ Alan W. Klimek, P.E. Director
Division of Water Quality
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March 1, 2007
DWQ Project # 07-0082
Pamlico County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED ~~~I o~T
#7006 0100 0000 8377 3275 ~"
Maureen Anderson
PO Box 453
Oriental, NC 28571
Subject Property: 104 Skipper Circle, Lots 10,11, and 12 Yacht Club Point
Neuse River Basin, Whittaker Creek
[03-04-10, 27-130, SA, HQW, NSW]
REQUEST FOR MORE INFORMATION
Dear Ms. Anderson:
On January 16, 2007, the Division of Water Quality (DWQ) received your application dated November 9, 2006
to dredge 1490 square feet (sf) of Shallow Water Bottom, 24 sf of coastal marsh, 641 sf of 404 wetlands and
3125 sf of high ground for the purpose of creating a two slip docking area as described in your application. The
DWQ has determined that your application was incomplete and/or provided inaccurate information as
discussed below. The DWQ will require additional information in order to process your application to impact
protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional
information requested below, we will have to move toward denial of your application as required by 15A NCAC
2H .0506 and 15A NCAC 2B .0233 and will place this project on hold as incomplete until we receive this
additional information. Please provide the following information so that we may continue to review your
project.
Additional Information Requested:
1. Please provide a signed and notarized letter from the adjacent landowner to the east Indi ating that 7
they agree to the full implementation of the Neuse River Riparian Buffer Rules 15A~1VCA 2B .0233. ~`'}'~°Z
Your project as proposed would impose the fifty (50) foot riparian buffer onto new areas of their NG ~c
property where it currently does not exist.
2. Please provide information explaining why the applicant cannot alter the project to avoid or minimize
imposing the Neuse River Riparian Buffer Regulations 15A NCAC 2B .0233 on adjacent property not
currently owned. If the project can be altered to reduce the described impacts please provide the new
alignment and modified disturbance square footage.
3. Please indicate the diffuse flow provision measures on the site plan explaining how the project
proposes to achieve these measures. The project proposes to construct a drive terminating at the head
of the basin. Please provide information indicating how the runoff from this drive will achieve diffuse
flow through the newly established riparian buffer.
North Cazolina Division of Water Quality Internet: www.ncwaterquality.ora
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCayrro/l/ina
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper ~Q~~` Q"~

Please respond in writing within four weeks of receiving this letter by sending this information to Mr. ,Kyle
Barnes of the DWQ Washington Regional Office and Ian McMillan of the 401 Oversight/Express Unit in the
Raleigh Central Office. If we do not hear from you within four weeks, we will assume that you no longer want
to pursue this project and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters or
protected buffers. Please be aware that any impacts requested within your application are not authorized (at
this time) by the DWQ. Please call Kyle Barnes at 252-948-3917 if you have any questions regarding or would
like to set up a meeting to discuss this matter.
Sincerely,
J
~~~~
AI Hodge/Supervisor
Division of Water Quality
Washington Regional Office
cc: Ian McMillan, DWQ Central Office
File Copy
Central Files
Doug Huggett, CAMA Morehead
USACE Washington Field Office
Filename: 07-0082

.-
SIMONSEN LAW FIRM, P.C.
106 E. Queen Street - P. O. Bos 848 -Edenton, NC 27~J32
Telephone [phone] Facsimile [phone]
info@simonsenlawfirm com
Lr~RS P. SIMONSEN
Attorney ut Law
Certified Mediator
Lars@simonsenl awf irm. co m
November 21, 2006
Department of Environment and Natural Resources
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Re: Maureen K. Anderson
Application for a CANIA Major Permit
To Whom It May Concern:
I am writing on behalf of Mr. and Mrs. Kenneth Brandon regarding Ms. Maureen K. Anderson's
application for a Major Permit. The Brandons have no objection to the permit application filed by Ms.
Anderson.
While the Brandons do have concerns that the dredging may cause subsidence of their lot, they
will implement a plan to monitor their lot and the foundation of their home to facilitate early detection of
any such subsidence. If the permit is issued, the Brandons will hire a registered land surveyor to measure
elevations to establish benchmarks for the purposes of monitoring any changes. The Brandon's lack of
objections to the permit application should not be construed as a waiver of any claims they may have in
the event the work is done in a manner that removes lateral support from their lot resulting in subsidence
of their lot.
Feel free to call me with any questions.
Sincerely yours,
SIM SEN A F , P.C.
r
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ars P. Simonsen
cc: Mr. & Mrs. Kenneth F. Brandon
X107 Whilakor Pr~inl IZr~cul
Oriental, NC 28571-9667
Ms. Maureen K. Anderson
P. O. Box 453
nrionUil, NC 2RS71
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March 11, 2007 ~ Total Postage 8 Fees $ !` ; ,
~ Sent To
Q Strest, Apt. No.; ----------------------------°---------°°-----°-°°----------------
Mr. & Mrs. Kenneth Brandon [~- or PO Box No.
407 whi ttaker Point Road ctry were, z~P+4
oriental, N.C. 28571
:r, rr.
Dear Ken and Betty:
I have been asked by the Division of water Quality, N.c. Department of Environment
and Natural Resources, to provide a signed and notarized letter from my adJ'acent
landowner to the east (your property) indicating that you agree to the full
implementation of the Neuse River Riparian Buffer Rules 15A NCAC 26.0233. I must
respond to DwQ by April 5, 2007.
My proposed pro]ect would impose the fifty-foot riparian buffer onto new areas of
your property where it currently does.not exist. You have my_assurance that any
construction activities shall be carried out in a manner causing the least
disturbance to your property. In addition, I agree to assume responsibility for
appropriate plantings, etc. to enhance the buffer area disturbed during the
proposed construction. I have attached a copy of a survey indicating the area
of concern. If you do not object to the imposing of the said buffer, I would
greatly appreciate a signed and notarized letter addressed to me (P. o. sox 453).
I would assume that the language in your letter to me can simply be along the
following lines:
"As indicated in a previous communication with you, we have no objection to the
proposed channel excavation project as depicted in the surveys and Project
Narrative submitted with your LAMA application dated November 9, 2006. we
understand that your project as proposed would impose the fifty-foot riparian
buffer onto areas of our property where it currently does not exist. we agree
to abide by the conditions covered in Neuse River Riparian Buffer Rules
15A NCAC 26.0233. No new impervious area is proposed on our property that
will pose surface water quality threats from stormwater runoff."
Enclosed is a copy of a letter from DwQ dated February 23, 2007, advising
that since my proposed project will not pose surface water quality threats from
stormwater runoff since no significant new impervious area is proposed, a
stormwater management permit will not be required. Also enclosed is a copy of
section 15A NCAC 26.0233.
Y look forward to your early reply. Thank you.
Sincerely.
Maureen K. Anderson

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Alan W. Klimek, P.E. Director
Division of Water Quality
February 23, 2007
Ms. Maureen K. Anderson
P.O. Box 453
Oriental, NC 28571
Subject: CAMA/Stormwater Review SW7070117
Boat Basin and Pier Project
Pamlico County
Dear Ms. Anderson:
The Washington Regional Office received a copy of your CAMA application for a proposed boat basin and pier project
located at lots 10, 11, and 12 in the Yacht Club Point Subdivision in Oriental, NC on January 16, 2007. Staff has
determined that the project, as proposed, consists of activities that will not pose surface water quality threats from
stormwater runoff since no significant new impervious area is proposed. The Director has determined that projects
that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not
be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. For this reason, we are
informing you byway of this letter that your project will not require a stormwater management permit.
Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may
be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act or any
other Federal, State or Local Government. In addition, any future modifications to the project will require additional
review from this office to assure that stormwater impacts are not an issue.
If you have any questions or need additional information concerning this matter, please contact me or Roger Thorpe
at (252) 946481.
S ncerel ,
_. L-. ~~ ~
AI Hodge, Regional Supervisor
Surface Water Protection Section
Washington Regional Office
cc: Doug Huggett, DCM
Washington Regional Office
Central Files
North Carolina Division of Water Quality Internet: www.ncwaterqualitv.org
943 Washington Square Mall Phone (2S2) 946-6481
Washington, NC 27889 Fax (2S2) 946-9215
Michael F. Easley, Governor
William G. Ross 1r., Secretary
North Carolina DeparUnent of Environment and Natural Resources
No~rthCarolina
~aturallt~
An Equal OpportunitylAffirrnative Actlon Empbyer - 50°k Recycled/10% Post Consumer Paper

Mrs. Maureen K. Anderson
P.O. Box 453
Oriental, NC 28571
Subject: Boat basin project
Dear Maureen:
407 Whittaker Pt. Rd.
Oriental NC 28571
March 16, 2007
Betty and I would like to be good neighbors, but the fact of the matter is, we strongly
object to your proposal to dredge a channel within ten feet of our lot line. Our objection
is not to the visual impact, but rather, to the very likely possibility that the dredging and. a
poorly designed vinyl bulkhead supporting your proposed canal and basin, will cause
subsidence extending to our house foundation.
You object to Knut's proposal for condominiums at the end of the street. Betty and I
have even stronger objections to your proposal to dig a canal inclose proximity to our
property line. We will take every legal measure to prevent the dredging of your proposed
canal and basin.
Our houses sit atop roughly six feet of overburden, (material above the normal water
level). Below the overburden is a semi-fluid mixture of waterlogged sand and decayed
organic material. (formerly a swamp or bog).
1 am quite sure that you drove over and around the sinkhole at the intersection of Sea
Vista and Gilgo streets. Granted, that sinkhole was caused, as I understand, by a leaking
storm water drainage system.. My point is, that situation. was extremely difficult to bring
under control. The first attempt was a failure. The second fix required an excavation
about forty feet in diameter and about twelve feet deep and filled with gravel to a level
about five feet below the street pavement. A layer of dry sand was then placed atop the
gravel and an attempt was made to compact the sand and gravel mixture with a
mechanical compaction tool. The mixture acted like a big bowl of JeII-O. When the
compaction tool was operating at one side of the excavation, the surface of the excavation
on the other side vibrated up-and-down 180° out of phase with. the vibrator. The closest
analogy that I can think of would be like putting two cups of sugar on top of a bowl of
Jell-O and then trying to compact the sugar.
Assuming that all my efforts to block your dredging project have failed, and you. are
successful in obtaining the necessary permit approvals to start the dredging, I will insist
on no trespass on my property, and absolutely no disturbance of plants, soil, or root
systems (dead or alive) that reside on my side of our shared property line. Any
violations of the above conditions will be vigorously prosecuted.
There is an extremely high risk in taking a" wait and see what happens" attitude when it
applies to subsidence. It is next to impossible to repair or reverse subsidence. One might
he s~hlc to slow cx rirrest subsidence, but Iherc is no nrncticnl wny to restore the land to its
condition before the subsidence occurred.

If I detect measurable subsidence, and I seek a court order to stop the dredging, by the
time the stop work order is issued, many additional cubic yards of material would have
been removed. If the dredging starts subsidence, the stopping of the dred~ring will not
necessarily stop additional or continued subsidence.
I hope this letter explains why Betty and I are so adamantly opposed to your proposal to
dig a canal and boat basin so close to our property
Ken &Betty Brandon

f~
Maureen K. Anderson
P. 0. Box 453
Oriental, N. C. 28571
(252-249-1504)
March 19, 2007
Mr. ~ Mrs. Kenneth Brandon
407 Whittaker Point Road
oriental, N.C. 28571
Dear Ken and Betty:
I was stunned to receive your letter dated March 16, 2007. After all, I had
received the letter dated November 21, 2006 stating that you and Betty had no
objection to my LAMA permit application to excavate part of the channel easement.
Several weeks ago we had a discussion at the site and again you told me that you had
no objection to my proposed project.
in a telephone conversation with Kyle Barnes (DwQ Washington office, 252-948-3917)
we discussed altering the project to reduce the impacts on your property..Attached
is an altered copy of a survey that I am submitting to DWQ. You willl notice that
the channel width has been reduced to 25 feet, and most of the proposed excavation
would be at least 30 feet from your property line. Every effort would be made to
avoid trespassing on your property, or disturbing plants, soil, or root systems
(dead or alive), as stated in your letter. I hope you will look favorably upon this
new proposal.
As for your description of the "poorly designed vinyl bulkhead", this is an
expensive widely-accepted method of bulkheading for creek-front properties, and also
river-front properties where there is a great deal of wave action. (Example: Henry
Eraser's residence on the Neuse River in the Windward Shores, White Farm area.) Do
you not agree that my proposed channel excavation is in a very protected area.
You did not sign your.March 16 letter. I am returning it for signature. I must send
a copy to DwQ along with the altered survey. I must also ask you for a reply to this
letter so I may~send it to owQ as well.
Thank you.
sincerely yours,
Maureen K. Anderson

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' From: Kenneth Brandon
To: MAUREEN K. ANDERSON
Date: 3/20/2007 9:49:58 PM
Subject: Wasted hours and $
The attachment was only the beginning!
Ken B.
Ridiculous scenario! Or could it actually happen?

Ben, Assume you live where I do, and you receive the following letter from M.
Anderson.
Mr. Hollowell,
I have an approved dredging permit form LAMA to construct a pond adjacent to your
property. Seventy feet of the pond bank will be on your property line. The top of the
bank will start on your property line, and slope downward at an angle of thirty degrees
from vertical. The sloping wall will be through about eight feet of overburden to water
level, and then extend down another five feet below water level. This will result in a
sloping wall fifteen feet in height as measured along it's slope of thirty degrees from
vertical.
Material from the wall may have an inclination to wash down the slope due to surface
water runoff from your property. I plan to solve this problem by facing the wall with a
pile of rocks commonly referred to as riprap. The rocks will be a local material known as
marl The marl is readily available, cheap, and light weight.
In the event that water does find it's way down behind the marl facing, washing
unwanted soil and vegetation from your property, into my pond, I hope you will pour
concrete into the sink holes to prevent additional material from washing into my pond.
After all, the sink holes will be on your property, and the only way I could fix the
problem, would be to bring equipment in on a barge, and that would be inconvenient, and
very expensive.
I hope you will enjoy the view of my pond, but do not plan to fish from your bank, as
your hook, line, and sinker would be trespassing on my property.
Have a nice day Mr. Hollowell.
I received this a-mail from Mr. Brandon in response to my letter dated
March 19, 2007. I find it to be a bit bizarre, and I am saddened to think
that the elderly Mr. Brandon could be this confused. He refers to the
construction of a pond with sloping walls along his property line and
the use of marl riprap. The hand-corrected drawing I sent to him is
very clear about the location of the proposed channel excavation
and the use of sheet vinyl for bulkheading. I see no pant in
responding to his a-mail.
file://C:\Documents and Settings\Maureen\Local Settings\Temp\ELP3B9.tmp 3/20/2007

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CROSS-SECTION OFPROPOSED MARL ROAD
(Not to scale)
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Existing grade ~( _
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SHEET 5 OF 5
Roadwoy Section
Lots 10, 11 dr IZ
Submitted by: Maureen K Anderson
Date: November 9, 2006
Property Owner:
Moureen K. Anderson
P. O. Box 453
104 Skipper Circ%
Orientvl, NC 28571

.o~pF WATFgQG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 23, 2007
Ms. Maureen K. Anderson
P.O. Box 453
Oriental, NC 28571
Subject: CAMA/Stormwater Review SW7070117
Boat Basin and Pier Project
Pamlico County
Dear Ms. Anderson:
The Washington Regional Office received a copy of your CAMA application for a proposed boat basin and pier project
located at lots 10, 11, and 12 in the Yacht Club Point Subdivision in Oriental, NC on January 16, 2007. Staff has
determined that the project, as proposed, consists of activities that will not pose surtace water quality threats from
stormwater runoff since no significant new impervious area is proposed. The Director has determined that projects
that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not
be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. For this reason, we are
informing you by way of this letter that your project will not require a stormwater management permit.
Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may
be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act or any
other Federal, State or Local Government. In addition, any future modifications to the project will require additional
review from this office to assure that stormwater impacts are not an issue.
If you have any questions or need additional information concerning this matter, please contact me or Roger Thorpe
at [phone].
S ncerel ,
AI Hodge, Regional Supervisor
surtace Water Protection Section
Washington Regional Office
cc: Doug Huggett, DCM
Washington Regional Office
Central Files
North Carolina Division of Water Quality Internet: www.ncwaterqualitv.ora One
943 Washington Square Mall Phone [phone] NorthCarolina
Washington, NC 27889 Fax [phone] ~aturallr~
An Equal Opportunity/Affirmative Action Employer - 50°k Recycled110°k Post Consumer Paper

March 22, 2007
Note to Mr. Kyle Barnes, DWQ
Attached is a replacement set of surveys (Sheets 1, 2 & 3) forwarded to you by CAMA. They have been hand-altered in red
pencil.
Thank you.
~~~, i /'~
Maureen K. Anderson
cc: Mr. Ian McMillan
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104 Skipper Circle \ fop ~° ~ Graphic Stale
Oriental, NC28571 Dennis Fornes & Associates; Professional Land Surveying, P.O. Box 12947, New Bern, N.C. 1266 Roberts Rd., Grantsbara, N.C. 28529 Te% 252.249.0488

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Oriental, lUC 28571 Dennis Fornes & Associates Professional Lond Surve i P.O. Bax 12947 New Bern N.C. 1266 Roberts Rd. 6rantsboro N.C. 28529 Tele; 252.249.0488
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I, Dennis A. fornes, certify that this plat was drawn under my supervision from an actual
surveymade under mysvpervuion (deed descripition recorded in Book ..........................
,page .................: that the boundaries not surveyed are clearly indicated as drawn from
information found in Book ...................... that the ratio of precision
page............ _........;
as calculated is 1 :.................................: that this p/at was prepared in accordance with
6.5.47-3Qas amended. Witness my original signature, registration number and seal
this ..................doyof....................., A.D. 2006.
Surveyor.
Registration na ...............................................
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Sea UistaSubdivisiar
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p~r~ ~3 • r & Cos?struction of Docks z'`~O~Q~~~B/~9`/~'
o~'~ ~P9~ 6 t Lots 10,11, ~ IZ of yacht Club Point Subdivision °,
+~9 a°a~b 38~~ ~ ~ Oriental North Carolina :-{ ~ 30 2 Q : ~ submitted by.•'~ureen K ~r~s~on
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t°~j~b PPpye $g ' Scale: l" = 20' August 26, 2006 ~~,.~~~~`~i ~~°•~~y. date: November 9, 200G
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' ~pP I 0 10 20 40 60 i `` itu~ Property owner. Maureen K. Anderson
s~~rx.~S P. 0. Box 453
Graphic Scale ~~ ~ l~~ 104 Skipper Circle
Dennis Farnes ~ Associates, Professional Lend Surve n , P.0. Box 12947, New Bern, N.C. 1266 Roberts Rd., Grantsboro, N.C. 28529 Te%: 252.249.0488 Oriental, NC28571