60-97_Sportsman's Pier, Inc._19970929 (2)

60-97
Permit Number
Atlantic Beach
Local Government
�s
CAMA
MINOR DEVELOPMENT
PERMITS cv �
as authorized by the State of North Carolina, Department of Environment.
Health, and Natural Resources and the Coastal Resources Commission for development
in an area of environmental concern pursuant to Section 113A-118 of the -
General Statutes, 'Coastal Area Management.'
Issued to Sportsman's Pier. Inc. authorizing development in Atlantic -Beach/
Carteret County at 500 Money Island Drive
as requested in the permittee's application, dated 9.111.197
This permit, issued on 9/29/97 is subject to compliance with the application and site drawing (where consistent
with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject
permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void.
1. Paving of the parking lot waterward of the 60 feet setback line is not authorized. Only tt
development (i.e. paving of parking lot) landward of the setback line as shown on the modified p
dated 9/2/97 is authorized.
2. Any change or changes in the plans for development, construction, or land use activities will require
re-evaluation and modification of this permit.
This permit action may be appealed by the permittes or other
qualified persons within twenty (20) days of the issuing date.
From the date of an appeal, any work conducted under this per-
mit must cease until the appeal is resolved.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
Any maintenance work or project modifications not covered
under this permit requires further written permit approval.
All work must cease when this permit expires on December
31, 2000
In issuing this permit it is agreed that this project is consistent
with the local Land Use Plan and all applicable ordinances.
Local Permit Officer (signature)
Lloyd C. Wood
Director of Inspections name
Town of Atlantic Beach. ,
P.O. Boa 10
Atlantic Beach, NC 28512 address
This permit may not be transferred to another party without Permittee
the written approval of the Division of Coastal Management. (signature required if special conditions above apply to permit)

h
' C 12 1997
w
CO STAL GEMENT
State of North Carolina MoRE!->•Eao
NMI LUU. 1-. EASI.GY I)eparlrnent (4.IUstice
.\'1-rt )ItNtil' GENERAL P. (). I3(A G29 C-�
REPLY TO: Robin W. Smith v
RALEI it I Environmental Division
Tel. [phone]
? i G(Y.3.0629 Fa:.,919) 71&6767
December 5, 1997
Mr. David G. Bradley CERTIFIED MAIL
P.O. Drawer 820 RETURN RECEIPT REQUESTED
Atlantic Beach, N.C. 28512
Re: CAMA Variance
Dear Mr. Bradley:
Enclosed please find the final order, signed by the Chairman of the Coastal Resources
Commission, reflecting the Commission's decision on November 21, 1997 to deny your variance
petition. You may appeal the Commission's decision by filing a petition for judicial review in
the superior court within thirty (30) days of your receipt of the order. A copy of any judicial
review petition must be served on the Commission's agent for service of process at the following
address:
Mr. Richard Whisnant
General Counsel
Dept. of Environment, Health and Natural Resources
P.O. Box 27687
Raleigh, N.C. 27611
Please call if you have any questions.
cc: Dave Heeter
Charles Jones
Very Truly Yours,
Robin W. Smith
Assistant Attorney General

I( t
STATE OF NORTH CAROLINA BEFORE THE NORTH CAROLINA
COASTAL RESOURCES COMMISSION
COUNTY OF CARTERET
IN THE MATTER OF: )
PETITION FOR VARIANCE BY )
DAVID BRADLEY and ) FINAL ORDER
SPORTSMAN'S FISHING PIER, )
INC. )
This matter was heard on oral arguments and stipulated facts at the regularly scheduled
meeting of the North Carolina Coastal Resources Commission (hereinafter CRC) on November
21, 1997, in Wilmington, North Carolina pursuant to N.C.G.S. § 113A-120.1 and T15A NCAC
7J.0700, et sea. Assistant Attorney General David Heeter appeared for the Department of
Environment and Natural Resources, Division of Coastal Management; David G. Bradley
represented himself.
Upon consideration of the record documents and the arguments of the parties, the CRC
adopts the following:
1. Sportsman's Pier is a restaurant/tackle shop and fishing pier located at 500 Money
Island Drive, Atlantic Beach, Carteret County.
2. The restaurant/tackle shop and the fishing pier are located waterward of a wooden
seawall over the beach and waters of the Atlantic Ocean.
3. The erosion setback is measured from the wooden seawall since that is where the first
line of stable natural vegetation existed prior to the Atlantic Beach spoil deposition project.
4. The highground property landward of the seawall is used for a parking lot to
accommodate customers of the Sportsman's Pier.

2
5. The western portion of the parking lot is paved with asphalt.
6. The eastern portion of the parking lot which measures approximately 100 feet by 120
feet consists of layers of marl, clay, tar, and other materials and some pieces of asphalt and
concrete.
7. In the past, Mr. Bradley has maintained the eastern portion of the parking lot by
resurfacing it with marl.
8. David Bradley applied to the Local Permit Officer, Town of Atlantic Beach, for a
permit under the Coastal Area Management Act to pave all of the eastern portion of the parking
lot.
9. On September 29, 1997, the Local Permit Officer granted Minor Development Permit
No. 60-97 authorizing the paving of the approximately 40 foot by 120 foot portion of the eastern
parking lot landward of the minimum 60 foot erosion setback but not the approximately 60 foot
by 120 foot portion seaward of the erosion setback.
10. Mr. Bradley refused to accept Permit No. 60-97 and instead petitioned for a variance
to pave all of the eastern parking lot, not just the approximately 60 foot by 120 foot seaward of
the erosion setback.
11. The parking lot in question was developed approximately 40 years ago prior to the
adoption of the Coastal Area Management Act.
12. The number of cars using the Sportsman's Pier parking lot has increased due to an
increase in business at the Sportsman's Pier.
13. Glenn. Street is a paved street to the north of the Sportsman's Pier property which
provides access to the Sportsman's Pier parking lot.

k,
14. Increased tourism has resulted in an increase in the traffic on Glenn Street some of
which enters the Sportsman's Pier parking lot and turns around.
15. Neighboring property owners have complained to the Carteret County Health
Department about dust from the Sportsman's Pier parking lot.
16. The marl atop the Sportsman's Pier parking lot is crushed and dispersed by vehicular
traffic and becomes dusty during dry periods.
17. The Sportsman's Pier parking lot presently drains towards the ocean so that
substantial rains may wash ruts in the marl and transport material waterward of the bulkhead.
18. Paving the approximately 40 foot by 120 foot portion of the parking lot landward of
the erosion setback line will not address any dust or erosion problems on the remainder of the lot.
Based on the foregoing Findings of Fact the Coastal Resources Commission makes the
following:
1. The CRC has jurisdiction over the parties and the subject matter.
2. The parties have been correctly designated and there is no question of misjoinder or
nonjoinder of parties.
3. All notices for the proceeding were adequate and proper.
4. Application of 15A NCAC 7H.0306(a)(1) and 7H.0309(a)(2) will not result in
practical difficulties or unnecessary hardship to Petitioners in that Petitioners can continue to
use the eastern portion of the Sportsman's Pier parking lot in compliance with the rule.

ti
4
5. Petitioners have identified no conditions peculiar to the subject property. The
conditions identified by Petitioners relate to Petitioners' choice of surface material for the
unpaved parking area.
6. The Commission could reasonably have anticipated the conditions on Petitioners'
property when the rules were adopted.
7. The creation of a paved parking area seaward of the minimum oceanfront setback of
sixty (60) feet is not consistent with the spirit, purpose and intent of coastal management statutes
and rules which intentionally restrict development seaward of the minimum setback in order to
minimize danger to life and property associated with the placement of structures in a high hazard
area.
Based on the foregoing Findings of Fact and Conclusions of Law, the Coastal Resources
Commission hereby DENIES Petitioners' request for a variance from 7H.0306(a)(1) and
71-1.0309(a)(2).
This the S day of December, 1997.
EugA B. Tomlinson, Jr., Chairman
Coastal Resources Commission

' —FROM— 0 / �. �"� / OI '7
THE ATTORNEY GENERAL'S OFFICE
TO Ted
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P c r -i-s ►,•� A K' s t, c v P t et r cr
ti�� c-a. ! 1 �►-t c s d
W C c, C -r f k r
1
(vuvCat 6tr 'LI-c—
D
OCT 2 9 1997
COASTAL MANAGEMENT
MOREHEAD
~�' H C t Teth

'Sportsman's Pier, Inc.
eo Drawer azo
0,t-7"SniMoney Island Drive
c Beach, NC 28512
USA
rnone ty t yq i Lo-.s i
Fax [phone]
October 15, 1997
Director
Division of Coastal Management
PO Box 27687
Raleigh, NC 27611
RE: CAMA Variance Request File Number 60-97
Dear Sirs:
RECE1 1aD
OCT 171997
GOAStAL MANAGEMENT
I am requesting a variance from CAMA regulations for the purposes of completing a paving job on the parking lot
of the Sportsman's Pier in Atlantic Beach, NC. We resurfaced 150 foot of our parking lot with asphalt and wish to
resurface the remaining 120' by 100' parking lot which has been maintained and used by this business since the
mid 1950's. The subject lot has been surfaced with multiple layers of impervious surface over 40 years and
currently has over a foot of marl, and 6 inches of clay, hardpan, concrete paving and other materials as indicated on
the attached drawings.
Increasing levels of traffic through the parking lot along with more use of adjacent property (consisting primarily of
cottages and residences) has created some conflict arising from dust created by traffic through the parking lot.
Following are answers to the questions required by the variance request form DCM 11:
• (a)Enforcement of the applicable development or standards will cause the Petitioner practical difficulties and
unnecessary hardships. The difficulty is primarily dust created by traffic through the parking lot causing
hardship to neighbors. This in turn has raised health concerns by the Carteret County Health Department which
was contacted by these neighboring property owners. Copies of letters from adjacent property owners, the
Atlantic Beach Town Council and the Carteret County Health Department have been forwarded to Charles
Jones. Other difficulties are higher maintenance costs involved with continual replacement of marl and grading
of the lot and difficulties caused by the fact that this material is continually washed onto the beach.
• (b)These hardships result from conditions peculiar to this property. These hardships result from the pier
parking lot being developed in the mid 1950's and from changing commercial/residentiallresort mix of property
use. These lots were developed and sold being only 100 feet deep without enough depth to accommodate
setbacks now required by CAMA regulation. The lots were sold for residential, resort and commercial
purposes. Increased development and increased use of existing houses in adjacent residential lots have made
dust driven by the predominate wind and created by increasing traffic more problematic. Also slope of the
property is such that substantial rains wash ruts in the marl and carry the material onto the beach.
• (c)The Coastal Resources Commission could not anticipate all of the problems caused by changing uses and
changing of the mix of uses in preexisting developments on these islands. The Commission could not foresee
increasing health concerns arising from dust. As well, interpretation of the definition of development as it
pertains to preexisting development is difficult to foresee in all of its facets. While both gravel and asphalt are
prohibited from setbacks in undeveloped lots, resurfacing this existing lot (which contains clay, concrete
paving, tar and pitch, and other materials) with more gravel is allowed but changing to asphalt is not.
• (d)The proposed development is consistent with the spirit, purpose and intent of the Commission's regulations
because it will better handle the existing traffic through this commercial area by lowering dust levels, and by
preventing rock and gravel from washing onto the beach from runoff. It will also promote the health and well

A being of visitors and well as the nearby property owners by controlling dust created by traffic through the lot.
Over time, less money will be spent paving than would be otherwise spent in replacing gravel and grading.
Due to the above reasons and for the welfare of all involved, I request a variance from the Coastal Resources
Commission to allow us to resurface the existing 120 foot by 100 foot parking lot with asphalt.
Thank you for your consideration in this matter.
Sincerely,
David G. Bradley, Preside t
Sportsman's Pier, Inc.

DCM FORM i I
PE n nONEWS NAME
COUNTY
� F7'
i
CAMA
�9
(Perittoner leave blank);:;:�
COASTAL MANAd1IT
Pursuant to North Carolina General Statute 113A I?t}.I and 15A North Carolina Adrnin saat'ye
Code Section .4700, the Petitioner in this matter applies to the Coastal. Resources Cotiiinission
.for a variance.
For this application to be complete, the Petitioner must provide co=leteireSpOnsw to each
statement below:
(a) Will enforcement of the applicable development guidelines or standards
the Petitioner practical difficulties or unnecessary hardships? If so, the petitioner
must identify the difficulties or hardships. '
(b) Do such difficulties or hardships result from conditions peculiar to the' •Pt* t tia;.es
EXplaln' {:.:
(c) Could the Coastal Resources Commission have reasonably
conditions when the applicable guidelines or standards were a�dopted�
(d) Is the proposed development consistent with the spirit, Purpose aad iritenirof thie
Commission's regulations? Explain. '
NOT8: For this request to be considered, size Petitioner must be alile to answer (a), (b) asad
(d) in the aff anative- and (c) in the negative.
i7ue to the above information and p=umt to statute, the undersigned hereby requests a variaa e-
The undersigned states that (check one):
He or she has ieceived a final decision on an Application far a CAMA
Major ]development Permit; or
He or she has received a final decision on as Application fot aCAMA .
Nfinor Development Permit. The undersigned has attached:
(a) A copy of the Permit Application and the decision; and '

CERTIFICATE OF SERVICE
T
I-
(Mis Certificate of Service should be attached to any Variance Requestea
with die Office of Administrative mis6dve Hearings. You don't have to a=6 ai'6i' &M.
any Variance Request you file with the Director or any District Mmiager ihi-Di aa: if
Coastal Management under the Coastal Resources * Commission's ex vAfiailcd .u,
o ped.iteid
I hereby cmthat this Variance Request has been served on The Stateie*- a- w
depositing copies of it with the United States =fficied postage: for es Postal Service 77
by first class mail or by personally delivering copies to the narned
Served on: Director
,
Division of Coastal Management n
P.O. Box 27697
Raleigh, NC 27611; and
Attorney General's Office
Environmental Section
P.O. Box 629
Raleigh, NC: .27602-M29
77V
This the clay of e)z&&j-
Signature of Petitioner or
ep/1 8773

RECEIVED
OCT 17 1997
COASTAL MANAGEMENT
TOWN OF ATLANTIC BEACH
125 WEST FORT MACON ROAD
ATLANTIC BEACH, NORTH CAROLINA
CERTIFIED MAIL #Z 055 670 539
September 29, 1997
Sportsman's Pier, Inc.
Mr. David Bradley
P.O. Box 820
Atlantic Beach, NC 28512
Dear Mr. Bradley,
After reviewing your application in conjunction with the development standards required
by the Coastal Area Management Act (CAMA) and our locally adopted Land Use Plan
and Ordinances, please find atta"ch'ed CAMA Minor Development Permit #60-97. This
permit authorizes the paving of the east parking lot, on your property off Glenn Street,
adjacent to the Atlantic Ocean, in Atlantic Beach, Carteret County, North Carolina.
However, please note that Condition #1 restricts the development (i.e. paving of the
parking lot) to that portion of the parking lot located landward of the 60' setback line.
The proposed development waterward of the 60' setback line is not authorized.
The issuance of the permit with conditions is based on the finding that a part of your
request violates NCGS 113A-120(8) which requires that applications be denied which
are inconsistent with CAMA guidelines. Without Condition #1 being attached to the
permit, your application would have been denied, thus not authorizing any part of the
parking lot to be paved. According. to your application, you have applied to pave an
existing gravel parking lot, in which a portion is located within the 60' setback area. This
is inconsistent with 15 NCAC 7H .0306(a)(1) which states that, "If neither a primary nor a
frontal dune exists on or landward of the lot on which the development is proposed, the
development shall be landward of the erosion setback line. The erosion setback line
shall be a distance 30 times the long-term annual erosion rate from the first line of stable
vegetation or measurement line, where applicable. In areas where the rate is less than
two feet per year, as in your case, the setback line shall be 60 feet from the vegetation
line or measurement line, where applicable."
As you are well aware, you are allowed to maintain the entire parking lot, including that
portion located within the setback area, by resurfacing the lot with additional gravel or
other suitable materials. 4 Such maintenance may reduce the amount of fine powder
materials that may become airborne.
POST OFFICE BOX 10 - ATLANTIC BEACH. NORTH CAROLINA 28512 - [phone] - FAX [phone]

R,
Mr. David Bradley
September 29, 1997
Page 2
You have the right to appeal the decision to issue this permit with the stated conditions.
Appeal notices must be received by the NC Division of Coastal Management and Office
of Administrative Hearings.in Raleigh within 20 days of your receipt of this letter. You
also have the right to file -a- variance request. If you need either form, please contact me
at 919-728-8380.
Sincerely,
Llo FdC. Wood
Director of Inspections/LPO
Attachment
Xc: Ted Tyndall, DCM

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CARTERET COUNTY HEALTH DEPARTMENT
Courthouse Square, Beaufort, NC 28516
J.T. Garrett, Ed. D., M.P.H.
07 October 1997
Mr. Charles Jones, Director
N. C. Division of Coastal Management
Plaza Two -Suite B
0CT 0 9 1997 J
t�,
151 Highway 24 /
Morehead City, NC 28557��o�.f
Dear Mr. Jones: `'h,te� Y�✓''r`"' r'�'
The Environmental Health Division was requested to take action on a dust problem at the
Sportsmans Pier parking lot.
We have received letters from and talked to adjacent property owners. I have visited the
property on three (3) occasions to witness the dust being created by traffic in the parking
lot.
Mr: Bradly has informed me that he has applied for a permit to pave the lot and is awaiting
approval from your agency. We are not in opposition to -Mr. -Bradley's request to pave the
gravel parking lot since this should alleviate or reduce this dust problem.
If I can be of further assistance please feel free to call me at 728-8499.
Sincerely,
William L. Yon,., R.S.
Environmental Health Program Specialist
cc: Joe & Ruth Martin
Cathy Gibbons `
Dr. J. T. Garrett
Health Department [phone] Health Director Environmental Health [phone]
Fax [phone] [phone] Fax [phone]