23949_BELL, WILLIAM_20000204

Applicant Name
Address
City
CAMA and DREDGE AND FILL
G E N E R A L 23949
PERMIT 1V7
as authorized by the State of North Carolina
Department of Environment and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15 NCAC
Phone Number
Project Location (County, State Road, Water Body, etc.)
Type of Project Activity
PROIECT DESCRIPTION SKETCH
Pier (dock) Length
Groin Length
number
Bulkhead Length
max. distance offshore
Basin, channel dimensions
cubic yards
Boat ramp dimensions
Other
State Zip
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 become null and void.
This permit must be on the project site and accessible to the permit of-
ficer when the project is inspected for compliance. The applicant certi-
fies by signing this permit that 1) this project 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 thatthis project
is consistent with the North Carolina Coastal Management Program.
issuing date
(SCALE:
applicant's signature
permit officer's signature
expiration date
attachments
application fee

4
State of North Carolina
MICHAEL F. EASLEY Department of Justice
ATTORNEY GENERAL P. O. BOX 629
RALEIGH
27602-0629
March 3, 2000
9�
REPLY TO Daniel C. Oakley
Environmental Division
Tel. [phone]
Fax [phone]
Mr. William Bell CERTIFIED MAIL
230 Black Rock Road RETURN RECEIPT REQUESTED
Merry Hill, NC 27957
Re: Appeal of CAMA General Permit No. 23949 and
CAMA Minor Permit No. 2000-00
Dear Mr. Bell:
The Chairman of the Coastal Resources Commission has received a request for an
administrative hearing to challenge the issuance of CAMA General Permit No. 23949 and CAMA
Minor Permit No. 2000-00. The request was filed by Brian S. Davis for Black Beard's Beach
Development. Under N.C.G.S. § 113A-121.1, the permits are automatically suspended upon 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 permits until further notice. The
Division of Coastal Management will prepare a recommendation for the Chairman on whether to
grant or deny the hearing request. The Chairman must make a decision within 15 days after receipt
of the hearing request --in this case no later than March 15, 2000. 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 me at the letterhead address or by FAX to [phone] as soon as possible.
If the Chairman grants the hearing request, the permits 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.
cc: /Charles S. Jones
Steve Trowell
Sincerely,
J c-ajz,�
Daniel C. Oakley
Senior Deputy Attorney General
Nwa

113A-121.1. Administrative review of permit de-
cisions.
(a) An applicant for a minor or major development permit who is
dissatisfied with the decision on his application may file a petition
for a contested case hearing under G.S. 150B-23 within 20 days after
the decision is made. When a local official makes a decision to grant
or deny a minor development permit and the Secretary is dissatis-
fied with the decision, the Secretary may file a petition for a
contested case within 20 days after the decision is made.
(b) A person other than a permit applicant or the Secretary who
is dissatisfied with a decision to deny or grant a minor or major
development permit may file a petition for a contested case hearing
only if the Commission determines that a hearing is appropriate. A
request for a determination of the appropriateness of a contested
case hearing shall be made in writing and received by the Commis-
sion within 20 days after the disputed permit decision is made. A
determination of the appropriateness of a contested case shall be
made within 15 days after a request for a determination is received
and shall be based on whether the person seeking to commence a
contested case:
(1) Has alleged that the decision is contrary to a statute or rule;
(2) Is directly affected by the decision; and
(3) Has alleged facts or made legal arguments that demon-
strate that the request for the hearing is not frivolous.
If the Commission determines a contested case is appropriate, the
petition for a contested case shall be filed within 20 days after the
Commission makes its determination. A determination that a per-
son may not commence a contested case is a final agency decision
and is subject to judicial review under Article 4 of Chapter 150B of
the General Statutes. If, on judicial review, the court determines
that the Commission erred in determining that a contested case
would not be appropriate, the court shall remand the matter for a
contested case hearing under G.S. 15OB-23 and final Commission
decision on the permit pursuant to G.S. 113A-122. Decisions in such
cases shall be rendered pursuant to those rules, regulations, and
other applicable laws in effect at the time of the commencement of
the contested case.
(c) A permit is suspended from the time a person seeks adminis-
trative review of the decision concerning the permit until the
Commission determines that the person seeking the review cannot
commence a contested case or the Commission makes a final
decision in a contested case, as appropriate, and no action may be
taken during that time that would be unlawful in the absence of a
permit. (1981, c. 913, s. 3; 1983, c. 400, ss. 1, 2; 1987, c. 827, s. 139;
1995, c. 409, s. 1.)