16855_LEDBETTER, RUSSELL_19970922

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Applicant N
Address —
City
Project LocC,
CAMA AND DREDGE AND FILL
GENERAL
PERMIT
Type of Project Activity
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 i i (C, c.
y
Phone Numbe��5
4, .1
PROJECT DESCRIPTION SKETCH
Pier (dock) length
Groin length
number
Bulkhead length
-: I cc) LP�
max. distance offshore
Basin, channel dimensions
cubic yards
Boat ramp dimensions
Other
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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: , 11 _ a 0
`sly 1.�y
cork (.,Qa LL
' J applicant's signature
permit officer's signature
issuing date f expiration date
attachments ! 4 ! ! 0
application fee —

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CT STATE OF NORTH CAROLINA BEFORE THE CHAIRMAN 0 6 1997
COASTAL RESOURCES COMMIS
COUNTY OF NEW HANOVER 97 CMT 03-97�b��+.M..�MgR!!+b
PETITION FOR
THIRD PARTY HEARING RECOMMENDATION OF DIVISION
JESSE W. AND DUDLEY B. OF COASTAL MANAGEMENT
HOWARD
Pursuant to G.S. § 1 13A-121.1(b) of the Coastal Area Management Act, ("CAMA"),
Jesse W. and Dudley B. Howard (hereinafter "Petitioners"), have filed a Third Party Hearing
Request with the Coastal Resources Commission ("CRC"). Petitioners seek permission to file a
Contested Case Hearing Petition with the Office of Administrative Hearings to challenge CAMA
General Permit No. 016855D which was issued to Russell Ledbetter and authorizes construction
of a bulkhead in front of his property located at 6777 Towles Road. Mr. Ledbetter's property is
adjacent to the Atlantic Intracoastal Waterway ("AIWW") and Greenville Sound, in Wilmington,
New Hanover County, North Carolina.
I. FACTS
A. Russell Ledbetter owns a waterfront lot located at 6777 Towles Road, Wilmington,
North Carolina. Mr. Ledbetter's property is adjacent to the Greenville Sound and the AIWW.
Petitioners Jesse W. and Dudley B. Howard, own property at 6582 Towles Road which is
adjacent to Mr. Ledbetter's property. These lots are located in the Estuarine Shoreline Area of
Environmental Concern.
B. Russell Ledbetter applied with the Division of Coastal Management ("DCM") for a
CAMA General permit to construct a bulkhead on his property. The proposed bulkhead was to be

2
100 feet long and was to be positioned so as not to exceed more than an average distance of 2
feet waterward of the mean high water mark.
C. There is an existing concrete wall on the adjacent property to the right of Mr.
Ledbetter's lot. (See Permit, Attachment A).
D. Petitioners' lot does not contain a bulkhead; however, there is an existing bulkhead to
the left of Petitioners' property. Construction of the permitted bulkhead on Mr. Ledbetter's
property will result in the positioning of bulkheads on both sides of Petitioners' property.
D. On July 22, 1997, Petitioners received notice by certified mail that Mr. Ledbetter
intended to construct a bulkhead on his property. Petitioners returned the notice to the Division
of Coastal Management after noting their objections to the project.
E. On September 22, 1997, DCM Field Representative Ed Brooks issued CAMA
General Permit No. 016855D to Russell Ledbetter authorizing the construction of a bulkhead on
his property located at 6777 Towles Road, Wilmington, North Carolina.
F. On September 24, 1997, Petitioners submitted a request for a third party hearing
which was timely received by DCM on September 29, 1997. (See Attachment B).
II. ARGUMENT
In order to be granted a third party hearing under G.S. § I I3A-121.1(b), Petitioners must
meet three criteria: they 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. Petitioners have not identified any statute or rule violated by the permit decision, as
required by G.S. § 113A-121.2(b)(1). Petitioners state that the construction of the bulkhead is

3
waterward of wetland vegetation and is in violation of 15A NCAC 7H.1105(a). That rule states:
"This general permit is applicable only along shorelines void of wetland vegetation including
marsh grass and wooded swamp, or where all construction is to be accomplished landward of
such vegetation." 15A NCAC 7H.1105(a). Although there is wetland vegetation adjacent to Mr.
Ledbetter's property, all such vegetation is waterward of the alignment for the permitted
bulkhead. After Mr. Ledbetter began construction of the permitted bulkhead, DCM Field
Representative Ed Brooks revisited the site and determined that the alignment of the bulkhead
was consistent with the permit and was not positioned waterward of any wetland vegetation on
the lot. Therefore, Petitioners' allegation that the permit is in inconsistent with 15A NCAC
7H.1105(a) is without merit.
B. Petitioners have offered no statements or arguments in this hearing request alleging
that they are directly affected by the permit decision as adjacent property owners. However,
Petitioners did comment in their letter of objection that it was their belief that the construction of
the bulkhead would "funnel all extra high tides" onto their property. (See Attachment Q. This
concern was considered by Ed Brooks in reviewing the permit application and he determined that
the proposed bulkhead would not unnecessarily endanger the adjoining properties as required by
15A NCAC 7H.1104(e).
C. Petitioners have not alleged facts or made legal arguments that demonstrate that the
request for the hearing is not frivolous. G.S. I I3A-121.1(b)(3).
III RECOMMENDATION OF DIVISION OF COASTAL MANAGEMENT
In conclusion, Petitioners have not met the criteria set forth in G.S. § 113A-121.1(b) to
justify a contested case hearing. Petitioners have not identified any statue or rule which is

InW
violated by the proposed project, and they have not alleged facts or made legal arguments that
demonstrate that the request for the hearing is frivolous.
For the reasons stated herein, the Division of Coastal Management recommends that
Petitioners' Request for a Third Party Hearing be DENIED.
This the 2nd day of October, 1997.
Mary D e Carraway
Associate Attorney General
N.C. Department of Justice
Post Office Box 629
Raleigh, North Carolina 27602-0629
[phone]

5
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing RECOMMENDATION OF THE
DIVISION OF COASTAL MANAGEMENT, with attachments, was served on Petitioners Jesse
and Dudley Howard by causing a copy thereof to be deposited in the United States Mail, first
class, postage prepaid, addressed as follows:
Jesse W. and Dudley B. Howard
6582 Towles Road
Wilmington, NC
This the 2nd day of October, 1997.
MICHAEL F. EASLEY
Attorney General
iy Ccx,�
Mary Dee Carraway
Associate Attorney General
N.C. Department of Justice
Post Office Box 629
Raleigh, North Carolina 27602-0629
[phone]
ep/ 19940

+A
NCLE!-NR WIRC Fax:91CZ5C21CU Sep M 'G7 9:12 P.102
Applicant Nam
,kddress
C ty tic
Project Lo�auc
Type of Projec
CAMA AND DREDGE AND FILL
GENERAL.
PERMIT
as =utnorized by the State of North Carolina
Capanment of Environment, riamtri, and Natural Resources and trio Coastal Resources Commission
In an area of environmental concern pursuant to 1 5A NCAC
1�SE�1� v G Phore Num(4
—�- < •- (SCACE.
PROJECTDESCRIPTION
i� _y
Pier (dock) lento j I
Groin )enQrh
number
i
i
Bulkhead.lenetr+
/F l
max. distance o shate
earn, channel dimensions —
cubic y ardt
Boat ramp dirnensioru
Other
_
L
• .i
This permit is subject to compiiince with this application, sift)
-
drawing and attached general and -specific conditions. Any
violation of these terms may subject the Permittee to a fine,
appi,=rs signature
imprisonment or civil action; and may ea"permit to be
come null and void.
perm to rco s srana4Jr�
This permit must be on the, project site and accessible to thq
the project Is inspected for compliance
1
permit officer when
/ C+-�,.
The applicant certifies by signing this permit that 1) this pro:
ject is consistent with. the local land use plan and all local
lssuin; dau
ordinances, and 2) a written statement his been obtained from
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adjacfsnt riparian Iana'ownsrs "r:ifying that they have n�
attacnmants
objeetlons to the proposed work.
-
In issuing this permit :he State of North Carolina certifies that
� t r,
t
this project is consistent with the North Carolina Coastal
application fee
Management Program.
p.,. _

DCM FORM 5
A �DChKAA+ S
PETITIONER'S NAME d e i3
COUNTY
FILE NUMBER
one):
(Petitioner leave blank)
THIRD PARTY HEARING
REQUEST ON
CAMA PERMIT DECISION
SEP 2 9 ik'J I
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)]
.r
Factors considered by the Chairman in determining whether to grant a hearing are as
follows: (You must address these factors before your Request will be reviewed.)
(a) Whether the permit decision was contrary to any applicable statute or regulation.
[G.S. 113A-12.1.l(b)(1)]. Please set out below the statute or regulation allegedly
violated by the permit decision.
(b) 'Vilhether the Petitioner is directly affected by the permit decision. [G.S. 113A-
121.1(b)(2)]. Persons directly affected by a decision include, but are not limited
to:
(1) any owner of real property in the vicinity of the property to be developed
who can show that the proposed development is likely to have a significant
adverse effect on the value and enjoyment of his property; and,
(2) any person who can demonstrate a history of substantial use of the public
resources in the area directly affected by the development when the
development is within or touches upon an area subject to the public trust.
Please state below in what way you are a person directly affected by the
permit decision.

-2-
(c) Whether the Petitioner has alleged facts or made legal arguments that
dea(monstrate 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.
q-;y-97
Date
77�e cc,nsfir .4C' vn %s
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NOTE:
Dr�dl" a. "-� r�
Name of Petitioner or Attorney
la`s
Signature
� �7 a T�LL� l-e S 2a
Address
City State Zip
((//c) ,� - --� L-c4 y 3
Telephone Number
Denial of a request for hearing is a final decision which may be appealed
under G.S. 113A-121.1(b) and Chapter 150B, Article 4.
NOTE: A Hearing Request involving a CAMA Minor Development Permit must
include a Verification by the Local Permit Officer that there has been a
final decision by the local government on the Permit Application. (15A
NCAC 7J.0302) (A copy of the permit decision attached to this form will
constitute Verification.)
NOTE: This Request must be filed with the Director, Division of Coastal
Management, within twenty (20) days after the decision by the Local
Permit Officer or the Division of Coastal Management. Failure to do so
constitutes waiver of the right to request a hearing. [15 NCAC 73.0302(b)]
The original Hearing Request should be filed with the:
Director, Division of Coastal Management
Post Office Box 27687
Raleigh, North Carolina 27611-7687 -

-3-
CERTIFICATE OF SERVICE
I hereby certify that a copy of this Third Party Hearing Request has been servers on the
following by depositing a copy of it with the United States Postal Service with sufficient postage
or by personally delivering it to:
Attorney General's Office
Environmental Section
P. O. Box 629
Raleigh, NC 27602-0629
This the day of 19 9 7.
Signature of Petitioner or Attorney
REVISED: September 6, 1995

EHNR - COASTAL MANAGEMENT T15A: 07H .1100
of the bulkhead or the riprap authorized herein.
(d) This general permit will not be applicable to proposed construction when the Department determines after
any necessary investigations, that the proposed activity would adversely affect areas which possess historic,
cultural, scenic, conservation, or recreational values.
(e) This general permit will not be applicable to proposed construction where the Department determines that
the proposed activity might significantly affect the quality of the human environment, or unnecessarily endanger
adjoining properties. In those cases, individual permit applications and review of the proposed project will be
required according to 15A NCAC 7J.
(f) This permit does not eliminate the need to obtain any other required state, local, or federal authorization.
(g) Development carried out under this permit must be consistent with all local requirements, AEC Guidelines,
and local land use plans current at the time of authorization
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113 (b); 113A-118.1; 113A-124;
E,f: March 1, 1984;
Amended Eff. May 1, 1990, December 1, 1987,•
— RRC Objection due to ambiguity Ef. .. May 19, 1994; - —
Amended Efj° .luny 1, 1994.
.1105 SPECIFIC CONDITIONS
(a) This general permit is applicable only along shorelines void of wetland vegetation including marsh grass and
wooded swamp, or where all construction is to be accomplished landward of such vegetation
(b) Along natural shorelines e.g. rivers, creeks, bays, sounds, etc., bulkheads and riprap material must be
positioned as follows: -
(1) Bulkheads must be positioned so as not to exceed more than an average distance of 2 feet waterward
of the mean high water mark, or the normal water level contour, whichever is applicable. In no case
shall the bulkhead be positioned more than 5 feet waterward of the mean high water or normal water
level contour at any point along its alignment.
(2) Riprap must be positioned so as not to exceed a maximum of 5 feet waterward of the mean high water
mark or normal water level contour at any point along its alignment. This location standard also
applies to riprap proposed waterward of the existing bulkheads.
(c) Along shorelines within upland basins, canals, and ditches, bulkheads or riprap material must be positioned
so as not to exceed more than an average -distance of 5 feet waterward of the mean high water mark or the normal
water level contour, whichever is applicable. In no case shall the bulkhead or riprap be positioned more than 10
feet waterward of the mean high water or normal water level contour at -_any point along its alignment. For the
purpose of these Rules, the Atlantic Intracoastal Waterway (AIWW) is considered a natural shoreline and
development must occur as described in 7H .1105(b).
(d) Construction authorized by this general permit will be limited to a maximum shoreline length of 500 feet.
(e) All backfill material shall be obtained from an upland source.
(f) The bulkhead must be constructed, or the riprap must be in place prior to any back -filling activities.
(g) The bulkhead or riprap must be structurally tight so as to prevent seepage of backfill materials through the
structure.
(h) Riprap material shall be free from loose dirt or any other pollutant. It must be of a size sufficient to prevent
its movement from the site by wave or current action.
(i) Riprap material must consist of clean rock or masonry materials such as but not limited to granite or broken
concrete. Materials such as tires, car bodies, scrap metal, paper products, tree limbs, wood debris, organic
material or similar material, are not considered riprap.
0) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by department personnel. No excavation is permitted except for that which may be
required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize
any excavation waterward of the approved alignment.
(k) Bulkheads or riprap shall not extend beyond established alignments nor restrict the original width of the canal
or basin_
0) If one contiguous acre or more of property is to be excavated or filled, an erosion and sedimentation control
plan must be filed with the Division of Land Resources, Land Quality Section, or appropriate local government
having jurisdiction. This plan must be approved prior to commencing the land -disturbing activity.
NORTH CAROLINA ADMINISTRATIVE CODE 0&29194 Page 2

EHNR - COASTAL ,MANAGEMENT TISA: 07J .0300
SECTION .0300 - HEARING PROCEDURE
I
.0301 WHO IS ENTITLED TO A CONTESTED CASE HEARING
(a) Under G.S. 113A-121.1(a), only the following persons are entitled to appeal a permit decision by filing
a petition for a contested case hearing as provided in 15A NCAC 7J .0302:
(1) any applicant for a minor or major development permit; and
(2) the secretary in the case of a decision by a local official on a minor development permit.
(b) Under G.S. 113A-121.1(b), persons other than those entitled to a contested case hearing on a permit
decision under Paragraph (a) of this Rule may file a request for such a hearing with the Chairman of the
Coastal Resources Commission. The hearing request must be filed with the Director, Division of Coastal
Management, Department of Environment, Health, and Natural Resources (DEI-INR), P.O. Box 27687,
Raleigh, NC 27611-7687, and a copy thereof must be filed with the Attorney General's Office, P.O. Box 629,
Raleigh, NC 27602-0629. The Commission hereby delegates to the Chairman the authority to determine
whether persons other than those entitled to a hearing shall be granted a hearing. The Chairman shall grant
a hearing upon finding that the criteria in G.S. 113A-121.1(b) have been satisfied. A person whose hearing
request is granted may file a petition for a contested case hearing as provided in 15A NCAC 7J .0302. A
denial of a request for a hearing may be appealed as provided in G.S. 113A-121.1(b).
Histon, Note: Statutory Authority G.S. 113-229; 113A-118(e); 113A-121.1; 113A-122; 113A-124;
Eff. March 15, 1978;
Amended Eff. July 1, 1990; October 1, 1988; November 1, 1984.
RRC Objection due to lack of Statutory Authority Eff. February 20, 1992;
Amended Eff. March 31, 1992;
RRC Objection due to lack of Statutory Authority Ef. March 19, 1992;
Amended Eff. April 1, 1992.
.0302 PETITION FOR CONTESTED CASE HEARING
(a) Any person who is entitled or authorized to appeal a permit decision under Rule .0301(a) may file a
petition for a contested case hearing with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh,
NC 27611-7447. The petition must be filed within 20 days of the permit decision being appealed as provided
in G.S. 113A-121.1(a).
(b) Anv person who has been granted a hearing by the Chairman of the Coastal Resources Commission
under Rule .0301(b) may file a petition for a contested case hearing with the Office of Administrative
Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. The petition must be filed within 20 days after the
Chairman's decision on the hearing request as provided in G.S. 113A-121.1(b).
(c) Any petition shall conform to the requirements of G.S. 150B-23. A copy of the petition shall be served
on the Director, Division of Coastal Management (DEI�1R), P.O. Box 2-7687, Raleigh, NC 27611-7687 and
on the Attorney General's Office, P.O. Box 629, Raleigh, NC 27602-0629. If a minor development permit
is appealed, a copy of the petition shall also be served on the local permit officer. Failure to file any petition
within the time period in G.S. 113A-121.1 (a) and (b) constitutes a waiver of the opportunity for a contested
case hearing.
(d) Upon the request of the Director, the local permit officer shall submit a certined copy of the entire
record of any minor permit decision which is being appealed to the Director. The record shall include at a
m nt .mum the elements indicated in 15A NCAC 7I .0508(c).
History Note_ Statutory Auzhority G.S. 113-229; 113A-118(c); 113A-121.1; 113A-122; 113A-124;
Eff. March 15, 1978;
Amended Eff. July 1, 1990; October 1, 1988; November 1, 1984; Juh 1, 1982;
RRC Objection due to lack of Statutory Authority Eff. February 20, 1992,-
Amended Eff. March 31, 1992;
RRC Objection due to lack of Statutory Authoring Eff. March 19, 1992;
Amended Eff. April 1, 1992.
NORTH CAROLINA ADMINISTRATIVE CODE 12112191 Page I

NCE&NR WIRO Fax:91C35C=4 Sep 30 '97 9:13 P.03
1�<<"1r'�7& ��\7
a � II
.�� JuL 2 91997
DIVISION OF
COASTAL MANAGEIIAE- T
Dear f�i a o�►a r :
Date:
t ri arian lan w er f
n
This tter is t ify youI as an ad]acen P�at
�cssel �e�6e plans to construct P�
Mr./Mrs. on their properZy,
i
e� The sketch on the rever a si e accurately
n
depicts the proposed constructional
please e check the
Should you have no objections to this proposal,
statement below, sign d date the blanks below the(cstatment and
return this let -ter to•� I as soon as possible.
Should you have objections to this proposal, please send your
Coastal
written 7225
comments to NC Division of Carolina Management, 280Written
Wrightsville Avenue, Wilmington,
comments must be recaived within �10 days of tecei_P t of this notice.
Failure to respond in either method
wit, i n 10 days will be
interpreted as no objection.
I have no objection tq t2
hereby waive that right
Statute 113-229.
I have objections to the
-_�
have enclosed cozamen s.
sincerel
1
e project as presently proposed and
of objection as provided in General
project as pfesently proposed and
p signatur
Date
Rio Howard
Wyy oa1�SC28409-1L23