30917D - Riddle

CAMA / DREDGE & FILL,
IENERAL PERMIT
New Modification Complete Reissue Partial Reissue
-ized by the State of North Carolina, Department of Environment and Natural Resources
:oastal Resources Commission in an area of environmental concern pursuant to 15A NCAC
Name
State /,,'C ZI Pj
( ) Fax # ( )
E!d Agent
CW XEW PTA ❑ ES ❑ PTS
OEA ❑ HHF IH ❑ UBA ❑ N/A
PWS: ❑FC
yes / no PNA yes /� no Crit. Hab. yes / no
Previous permit #
Date previous permit issued
71/_/1'0&
C Rules attached.
Project Location: County /j/ //�-
Street Address/ State Road/ Lot #(s) 7
Subdivision
City ; z, <c '�;C— ZIP
Phone # ( ) River Basin
Adj. Wtr. Body ! ;; „c - _ _ nat fi
Closest Maj. Wtr. Body
Project/Activity K Alr,-
(Scale:
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(s) ,� X /'e;
er(s) �JK 2—
igth
nber
I/ Riprap length _
distance offshore
< distance offshore
annel
is yards
IP
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11dozing
Length
not sure
yes
no
not sure
yes
no
,....
I
im: n/a
yes
no:
yes
no
[tached:
yes
no .i
g permit may be required by
ipecial Conditions
! ❑ See note on back regarding River Basin r�

GENERAL PERMIT COMPUTER FORM
APPLICANT NAME:
ADDITIONAL NAMES:
AEC DESIG c Cv,� , i�T DEVELOP AREA: _ o PROJ DESC:
(will only take 6) (Will only take 1)
WORK:
(Will only take 4)
L Ol S
MAIM': _
(Will only take 4)
IMP:
(will ofdy take 6)
lJ Gc> Z bo
DREDGE & FILL REQUIRED
7df- 8, Za
ACTION EXPIRATION
CAMA MAJOR DEVEL REQUIRED: 7. 2 9 - 0.3 /a - 2 �7 -Q3

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■ Complete items 1, 2, and 3. Also -complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
A. Received by (Please Print Clearly) B. aie q�
C. Si nC. Sin re
X L ❑Agent
1 G Q�1 O G ❑ Addre
1. Article Addressed to: I D. Id delivery address aifferenNmm it— 4 ❑ Yes
If YES, enter delivery address bel 0 No

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Name Of Individual Applying For Permit:
Address Of Property: ( (Z m O N `
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(Lot or Street #, Street or Road, City & County)
I hereby certify that I own property adjacent to the above -
referenced property. The individual applying for this permit has
described to me as shown on the attached drawing the development
they are proposing. A description or drawing,
should be provided with this letter, with dimensions,
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I �Tnderstand that a pier, dock, mooring pilings, breakwater, boat
house or boat li':t must be set back a 'Minimum distance of 15, from
my area of riparian access - unless waived by me. (If you wish to
evaive the setback, you mint initial 'W � � _ the appropriate blank below.)
t ish to waive the 15'setback requirement.
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Address Of Property: ( 2 m O N T' 6rt-;r
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(Lot or Street #, Street or Road, City & County)
I hereby certify that I own property adjacent to the above -
referenced property. The individual applying for this permit has
described to me as shown on the attached drawing the development
they are proposing. A description or drawing, with dimensions,
should be provided with this letter.
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I understand that a pier, dock, mooring -pilings, breakwater, boat
house or boat lift must be set back a minim„+" distance of 15, _rom
my area Of riparian access - unless waived by me. (If you wish L.
�ive the setback,, you must initial the appropriate blank below.)
15'setback requirement.

Date
KA'ric "L ����TS--,Et
q 1 Z TD E J� T C av tZ T
RE: CAMA Application Notification
Dear VAT I E 1- Le SL
Z (mil cy� RV L ST
C36,Flj . i s L` I' nct-�
This letter is to inform you that I have applied for a Minor CAMA Permit on my property
located at Lot , Block EL, Sectionb tL; with a physical address of I YA1 MIL?Nl T
S— KC--E T- in Ocean Isle Beach, NC. CAMA regulations require me to notify
you of my intentions. I have enclosed a copy of my permit application and a copy of the
drawing of my proposed project.
If you have any comments on my proposed project, please contact Brian Sasser, Local
LAMA Permit Officer for the Town of Ocean Isle Beach at 910-579-3469.
Sincerely,
RECEIVED
91 � 1-�y ST
r,- A
JUL 0 2 2003

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RECEIVED
JUL 0 2 2003

6197
F. CALVIN RIDDLE, JR.
910-678-7117 �`�G /� t 66 112/531
1609 TWIN OAKS �i 83505
FAYETTEVILLE, NC 28305
BB&T 111118,11
.,
BRANCH BANKING AND TRUST COMPANY �
/LAYETTE ILLE1 NORTH CAROLINA
i:05310L12Li:511725632611' 6L97

03(WED) 14:40 DE�NR-COSTAL MGMT TEL:[phone] P.0
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary
Fax Transmittal
Date: August 13, 2003
To: CarolintBellis
DCM Wilmington
Fax#: [phone]
From. Sheila Green
#Pages: 2, including cover sheet
Subject: Suspension of Work Letter to Calvin Riddle

03 (WED) 14 : 40 DEHNR COSTAL b1Gb1T
TEL:[phone] P,00.
A
NCDENK
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross, Jr., Secretary
August 13, 2003
Mr. Calvin Riddle
Ashton Homes
916 Hay Street
Fayetteville, NC 28305
CERTIFIED MAIL
RETURN RECEIPT REgUESTED
Re: Suspension of Work / Appeal of CAMA Permit Decision
Dear Mr. Riddle:
The Chairman of the Coastal Resources Commission, Eugene Tomlinson, has received a request
for an administrative hearing to challenge CAMA General Permit #30917, The Third Party Hearing
Request was filed on behalf of petitioners Michael H. Lesley and Katie Lesley on August 11, 2003. Under
N.C.G.S. §113A-121.1 (the Coastal Area Management Act), your CAMA permlt is automatically
suspended upon receipt of a hearing request and will remain 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. You may not undertake any development under
the permit until further notice after Chairman Tomlinson issues his declslon.
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. 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 as soon as possible.
Sincerely,
10"�
cc, Chairman Gene Tomlinson
Jim Gregson
Caroline Bellis

P. 1
* * * COMMUNICATION RESULT REPORT ( AUG.20.2003 4:09PM ) *
NODE OPTION
1EMORY TX
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ASON FOR ERROR
ADDRESS (GROUP)
B-9197166767
* *
NCDENR WIR
PAG
P.
E-1) HANG UP OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
State of North Caroling --
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F, Easley, Governor William G. Ross Jr., Secretary
FAX COVER SHEET
Date; auq, 20 0 3 No. Of Pages: I
To: �. a- .� From: C r�>-c U'.6
CO: CO:
FAX " 71 cc cc FAX#: [phone]
REMARKS: r f 0+° --s Q s [ _ A—

State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Ross Jr., Secretary
FAX COVER SHEET
Date: 2c) o 3
To:
CO: t�
FAX #: 9 �g `11 co LEI
No. Of Pages: i
From: C��
CO:
FAX#: [phone]
REMARKS: Ca i V I VV 1� d C — N of7�s 1"!�s "s (--, A, _
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3945 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

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the most waterward end of the platform.
J. The notification was delivered to Katie Lesley on July 5, 2003.
K. Katie Lesley signed the Riparian Property Owner Notification/Waiver form on
July 10, 2003, and returned it to the Division of Coastal Management together with a cover note
indicating "I do have objections to the attached proposal/ permit re: my property."
(Attachment 3 is a copy of the Riparian Property Owner Notification/Waiver form signed by
Katie Lesley and her cover note to the Division of Coastal Management dated July 10, 2003.).
L. On the form, Katie Lesley marked out the "I have no objection to this proposal"
statement and circled the "do not" wish to waive the 15' setback. option.
GM Caroline Bellis, Division of Coastal Management, noted in her log book that she
message OJ'��uly
btZ1 $e,c-
received a phone p l frn Mike Lesleyhh'ndicating that he had objections. She retumed-his
Wlsphene call on July 21, 2003, and- told- hi—m- end hit . There is a red check mark
in her log book indicating that she (Attachment 4 is a copy of
res�ondacl� kks Phoru�l\�
the page from her log dated July 21, 2003.)
N. In a "2nd notice" to Calvin Riddle and the Division of Coastal Management dated
July 22, 2003, Katie Lesley and Michael M. Lesley again objected to a dock at 1 Fairmont St and
said "We will not approve the construction." (Attachment 5 is a copy of the 2nd Notice dated
July 22, 2003, which Katie Lesley sent to Calvin Riddle and the Division of Coastal
Management.)

* * * COMMUNICATION RESULT REPORT ( AUG.20.2003 12:14PM )
P. 1
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1EMORY TX
TTI
OPTION ADDRESS (GROUP) RESULT
------------------------------------------------------------
B-9197166767 OK
aSON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
NCDENR WIR,
PAGI
_ F
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Ross Jr,, Secretary
FAX COVER SKEET
Date: Cure
CO:
FAX #: ! '7 &--7 (,-7
No. Of Pages:
From: C,,
CO: b
FAX#: 914
REMARKS.-. Ce.- e vz.�. � to of C� t .

State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G..Ross Jr., Secret
FAX COVER SHEET
Date: Jcu yiee-7nL
To:
CO:
FAX
No. Of Pages: z
From: C a--c C cam,
CO: 6 c 6t
FAX#: [phone]
REMARKS: CSCyrZPL� � ( 4 C 2,
127 Cardinal Drive Extension, Wilmington, N.C, 28405.3845 Telephone [phone] Fax [phone]
An Equal Opportunity Afrirmative Action Employer

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ioY COOPEB Department of Justice
'011NEY GL"NF.RAL P. 0. Box 620
RALEIGH
2 7602-oh•'9 Phone: [phone]
Fax: [phone]
FAX COVER SHEET
CONFIDENTIAL ATTORNEY/CLIENT PRIVILEGED
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NUMBER OF PAGES (Including transmittal sheet):
CONFIRM RECEIPT OF DOCUMENT(S) IF MARKER HERE:
COMMENTS:

STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
IN THE MATTER OF THE
THIRD PARTY HEARING
REQUEST BY MICHAEL
H. and KATIE L. LESLEY
BEFORE THE CHAIRMAN
COASTAL RESOURCES COMMISSION
CMT 2000-20
RECOMMENDATION OF THE
DIVISION OF COASTAL MANAGEMENT
L BACKGROUND
Petitioners, Michael H. and Katie L. Lesley, have filed a third parry hearing request
seeking a hearing on Coastal Area Management Act (CAMA) General Permit No. 30917 issued
to Charles Riddle. Permit No. 30917 authorizes Mr. Riddle to construct a pier, dock, and finger
pier in a canal in the Town of Ocean Isle Beach, Brunswick County.
Under the CAMA, a third party may file a contested case hearing petition with the Office
of Administrative Hearings (OAH) to challenge the issuance of a permit to someone else only if
the Coastal Resources Commission (CRC) first determines that a contested case hearing is
appropriate. N.C. Gen. Stat. § 113A-121.1(b) provides that the determination of whether a
hearing is appropriate should be based upon a consideration of whether the petitioner:
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 demonstrate that the
hearing request is not frivolous.
The CRC has delegated the authority to its Chairman to determine whether a third party

K
11. FACTS
A. Calvin Riddle owns a lot at 1 Fairmont St., Town of Ocean Isle, Brunswick
County.
B. The property is located at the intersection of East Second St. and Fairmont St. and
has riparian access to a canal within the Estuarine Waters area of environmental concern-
C. There is a fringe of coastal wetlands along East Second St.
D. Both shorelines are bulkheaded.
E. Calvin Riddle contacted the Division of Coastal Management about obtaining a
CAMA permit to construct a pier, dock, and platform in the adjacent canal.
F. Calvin Riddle notified Katie Lesley, Trustee, by certified mail, return receipt
requested, that he had applied for a CAMA minor development permit and enclosed a copy of the
project drawing. (Attachment 1 is a copy of the CAMA Application Notification and the project
sketch which Mr. Riddle sent to Katie Lesley together with the postal receipt card showing
delivery on July 5, 2002. The mailing also included the Division of Coastal Management,
Adjacent Riparian Property Owner Notification/Waiver Form which is Attachment 2.)
G. The project sketch showed an inverted "L" shaped structure consisting of a 6' by
39' pier extending out from one bulkhead and running parallel to the other bulkhead until it
intersected a 5' by 16' platform. An 8' by 20' finger pier was located at the most waterward end of
the platform.

indicating "I do have objections to the attached proposal; permit re: my property."
(Attachment 2 is a copy of the Riparian Property Owner Notification/Waiver form signed by
Katie Lesley and her cover note to the Division of Coastal Management dated July 10, 2003_)_
J. On the form, Katie Lesley marked out the "I have no objection to this proposal"
statement and circled the "do not" wish to waive the 15' setback. option.
K. In a "2nd notice" to Calvin Riddle and the Division of Coastal Management dated
July 22, 2003, Katie Lesley and Michael M. Lesley again objected to a dock at 1 Fairmont St and
said "We will not approve the construction." (Attachment 3 is a copy of the 2nd Notice dated
July 22, 2003, which Katie Lesley sent to Calvin Riddle and the Division of Coastal
Management.)
L. Neither Katie nor Michael Lesley submitted any specific comments on Mr.
Riddle's project until they filed their third party hearing request.
M. On July 29, 2003, Caroline Bellis, Division of Coastal Management, issued
CAMA General Development Permit No. 30917 to Calvin Riddle under Rule 15A N.C.A.C. 7H
1200 - General Permit for Construction of Piers: Docks: and Boat Houses in Estuarine and Public
Trust Waters. The permit authorized the pier, platform, and finger pier as proposed in his project
sketch. (Attachment 4 is a copy of CAMA General Development Permit No. 30917.)
N. Katie L. Lesley and Michael H. Lesley, Sr., filed a third party hearing request
with the Director, Division of Coastal Management, on August 12, 2003, seeking hearing on the

4
A Have the Petitioners Alleged that the Decision Is Contrary to a Statute or Rule?
No. The Petitioners have not alleged that the permit decision is inconsistent with any
specific statute or rule.
B. Is the Petitioner Directly Affected by the Decision?
Yes. Since Calvin Riddle was required to notify the Lesleys of his project, they must
be adjacent riparian property owners. Apparently East Second St. is also called Monroe St.
C. Has the Petitioner Demonstrated that their Hearing Request Is Not Frivolous?
No. The Petitioners complain that the Division of Coastal Management issued General
Permit No&917 even though they twice indicated to the Division that they had objections to
t-Mr. RiddIe's project but nobody from the Division ever contacted them about their objections.
They say they complied with the Owner Notification/Waiver Form provided to Katie Lesley
which instructed her to write or call the Division of Coastal Management if she had objections
but did not tell her to explain the reasons for her objections. The CAMA Application
Notification which Mr. Riddle sent her at the same time indicated that he was applying for a
CAMA minor development permit and told her that she should contact the Local Permit Officer
if she had any comments.
Their first objection was dated July 10, 2002, and apparently returned to the Division of
Coastal Management within ten days of receipt as provided for in Rule 15A N.C.A.C. 7H.
1200(b)(1). Their second objection was dated July 22 which was outside the ten day comment

In any event, a review of the reasons they offer for challenging General Permit No. 90917
indicate that their would not have provided a basis for denying a permit to Mr. Riddle. The
standards for granting a CAMA general permit for a pier or dock in estuarine or public trust
waters are set forth in Rule 15A N.C.A.C. 7H .1200.
They contend that "Construction of a dock at 1 Fairmont will cause mud and silt to fill in
areas that were recently dredged." There is no reason to conclude that construction of the Riddle
dock will cause the sluffing of nearby dredged areas since the dock construction does not involve
any dredging.
They further contend that, "if prodigious amounts of sea grasses are destroyed during
construction of a dock, the stable mud and silt on the perimeter will slide into the canal erasing
any of the dredging efforts we've made." Again, there is no basis for concluding that prodigious
amounts of sea grasses will be destroyed by construction of the dock, thus causing the stable
mud and silt on the perimeter to slide into the canal.
Finally, they indicate that "We are just trying to protect the integrity of one of the few
natural canals left on the island." This is certainly an understandable objective, but they must
offer some legal argument or evidence which tends to show that General Permit No�917 is
inconsistent with some statute or rule. They have not cited any statute or rule whichwouldbe
violated or alleged any facts or offered any legal arguments tending to show any violation.
IV. CONCLUSION

0
FOR THE DIVISION OF
COASTAL MANAGEMENT
David G. Heeter
Assistant Attorney General
N.C. Department of Justice
P.O. Box 629
Raleigh, NC 27602-0629
[phone]

7
V. CERTIFICATE OF SERVICE
This is to certify that I have served a copy of the attached Recommendation of the
Division of Coastal Management upon the Petitioners by causing a copy thereof to be placed in
the U.S. Postal Service bearing sufficient postage for delivery by first class mail and addressed as
follows
Michael H. Lesley
Katie L. Lesley
7008 Shadowrock Court
Matthews, NC 29104
This the day of August, 2003.
David G. Heeter
Assistant Attorney General
N.C. Department of Justice
P.O. Box 629
Raleigh, NC 27602-0629
[phone]

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P. 1
* COMMUNICATION RESULT REPORT ( AUG.20.2003 11:22AM l
TTI NCDENR WIR(
IODE OPTION ADDRESS (GROUP) RESULT PAGE
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IEMORY TX 8-9197166767 OK P. 4
iS(711I FOP ERROR
E-1) HANG UP OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G..Ross Jr,, Secretary
FAX COVER SHEEN'
Date: 24; ado3 No. Of Pages: 3
To: ba v 44 ->�r _ _ From: C g-, Irs_
CO: AS CO: DC-aA-
FA.X #: at L6t -11 � - (P-7 Lo FAX#: [phone]
RPMARKR. C ,7Llvi v-1 OF, 4 9-f - .

State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Ross Jr., Secretary
FAX COVER SHEET
Date: . ZO ago No. Of Pages:
To: 44 ter From: L d��. I l '
CO: CO: -DC
FAX #: ci lit -71 (.c (, -7 (c :Z FAX#: [phone]
REMARKS: Ccj VI V) 8 A-C-C,
127 Cardinal Drive Extension, Wilmington, N.C. 28405.3845 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

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STATE OF NORTH CARDUG 2 8 2003 DJEFORE THE CHAIRMAN
DIVISION &JOASTAL RESOURCES COMMISSION
COUNTY OF BRUNSWICKCOASTA.L KIIAN QGEMENT CMT 2000-20
IN THE MATTER OF THE
THIRD PARTY HEARING ) RECOMMENDATION OF THE
REQUEST BY MICHAEL ) DIVISION OF COASTAL MANAGEMENT
H. and KATIE L. LESLEY 1
I. BACKGROUND
Petitioners, Michael H. and Katie L. Lesley, have filed a third party hearing request
seeking a hearing on Coastal Area Management Act (CAMA) General Permit No. 30917-D
issued to Charles Riddle. Permit No. 30917-D authorizes Mr. Riddle to construct a pier, dock,
and finger pier in a canal in the Town of Ocean Isle Beach, Brunswick County.
Under the CAMA, a third party may file a contested case hearing petition with the Office
of Administrative Hearings (OAH) to challenge the issuance of a permit to someone else only if
the Coastal Resources Commission (CRC) first determines that a contested case hearing is
appropriate. N.C. Gen. Stat. §113A-121.1(b) provides that the determination of whether a
hearing is appropriate should be based upon a consideration of whether the petitioner:
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 demonstrate that the
hearing request is not frivolous.
The CRC has delegated the authority to its Chairman to determine whether a third party

County
7-'�
VA
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2 AUG 2 8 2083
II. FACTS DIVISION OF
COASTAL. MAi" iEMENT
A. Calvin Riddle owns a lot at I Fairmont St., Town ofOcean Isle, Brunswick
B. The property is located at the intersection of East Second and Fairmont Streets
and has riparian access to the end of a canal within the Estuarine Waters area of environmental
concern. (Attachment 1 is a drawing showing the end of the canal and surrounding streets.)
C. Monroe St. runs along the opposite shore of the canal.
D. There is a fringe of coastal wetlands along East Second St.
E. The shorelines of Fairmont, East Second, and Monroe Streets are bulkheaded.
F. Calvin Riddle contacted the Division of Coastal Management about obtaining a
CAMA permit to construct a pier, dock, and platform to serve 1 Fairmont St.
G. Katie Lesley, Trustee, owns 2 Monroe St. and is an adjacent riparian property to
Mr. Riddle.
H. Calvin Riddle notified Katie Lesley, by certified mail, return receipt requested,
that he had applied for a CAMA minor development permit and enclosed a copy of the project
drawing. (Attachment 2 is a copy of the CAMA Application Notification and the project sketch
which Mr. Riddle sent to Katie Lesley together with the postal receipt card showing delivery on
July 5, 2002. The mailing also included the Division of Coastal Management, Adjacent Riparian
Property Owner Notification/Waiver Form which is Attachment 3.)

the most waterward end of the platform.
corridor.
ECEIVE,
3 AUG 2 8 2003 D
DiVISION OF
COASTAL �i`!T
The structure proposed by Mr. Riddle is setback 15', from the Lesley's riparian
K. The notification was delivered to Katie Lesley on July 5, 2003.
L. Katie Leslgy signed the Riparian Property Owner Notification/Waiver form on
July 10, 2003, and returned it to the Division of Coastal Management together with a cover note
indicating "I do have objections to the attached proposal/ permit re: my property."
(Attachment 3 is a copy of the Riparian Property Owner Notification/Waiver form signed by
Katie Lesley and her cover note to the Division of Coastal Management dated July 10, 2003.).
M. On the form, Katie Lesley marked out the "I have no objection to this proposal"
statement and circled the "do not" wish to waive the 15' setback. option.
N. Caroline Bellis, Division of Coastal Management, noted in her log book that she
received a phone message from Mike Lesley indicating that he had sent his objections. There is a
red check mark in her log book indicating that she responded to his phone call. (Attachment 4 is
a copy of the page from her log dated July 21, 2003.)
O. In a "2nd notice" to Calvin Riddle and the Division of Coastal. Management dated
July 22, 2003, Katie Lesley and Michael M. Lesley again objected to a dock at 1 Fairmont St and
said "We will not approve the construction." (Attachment 5 is a copy of the 2nd Notice dated
July 22, 2003, which Katie Lesley sent to Calvin Riddle and the Division of Coastal

ECEZVE
4
Q. On July 29, 2003, Caroline Bellis, Division of Coastal Mahtigement, issued
(7— —,1T
CAMA General Development Permit No. 30917-D to Calvin Riddle under Rule 15A N.C.A.C.
7H 1200 - General Permit for Construction of Piers: Docks: and Boat Houses in Estuarine and
Public Trust Waters. The permit authorized the pier, platform, and finger pier as proposed in his
project sketch. (Attachment 5 is a copy of CAMA General Development Permit No. 30917-D.)
R. Katie L. Lesley and Michael H. Lesley, Sr., filed a third party hearing request
with the Director, Division of Coastal Management, on August 12, 2003, seeking a hearing on
the issuance of Permit No. 30917-D.
S. Their hearing request was timely filed under N.C. Gen. Stat. 1 13A-121.1(b).
III. DCM'S RECOMMENDATION
A Have the Petitioners Alleged that the Decision Is Contrary to a Statute or Rule?
No. The Petitioners have not alleged that the permit decision is inconsistent with any
specific statute or rule.
B. Is the Petitioner Directly Affected by the Decision?
Yes. Since Calvin Riddle was required to notify the Lesleys of his project, they must
be adjacent riparian property owners. Apparently East Second St. is also called Monroe St.
C. Has the Petitioner Demonstrated that their Hearing Request Is Not Frivolous?
No. The Petitioners complain that the Division of Coastal Management issued General
Permit No. 30917-D even though they twice indicated to the Division that they had objections to

'DD ECEHVE
5 ( AUG 2 3 2003 D
n1WZ101'.1 OF
but did not tell her to explain the reasons for her objections. The CAMA Application ':;EMENT
Notification which Mr. Riddle sent her at the same time indicated that he was applying for a
CAMA minor development permit and told her that she should contact the Local Permit Officer
if she had any comments.
Their first objection was dated July 10, 2002, and apparently returned to the Division of
Coastal Management within ten days of receipt as provided for in Rule 15A N.C.A.C. 7H.
1200(b)(1). Caroline Bellis' log book indicates that she received a telephone on July 1, 2003,
indicating their objection had been sent. Their second objection was dated July 22, 2003, and
again did not include any specific comments. The Division submits that a reasonable person
would have understood that the Lesleys comments were being sought and would have explained
them instead of just notifying the Division that they had objections.
In any event, a review of the reasons they now offer for challenging General Permit No.
30917-D indicates that they would not have provided a basis for denying a permit to Mr. Riddle.
The standards for granting a CAMA general permit for a pier or dock in estuarine or public trust
waters are set forth in Rule 15A N.C.A.C. 7H .1200. A copy of this rule is attached.
They contend that "Construction of a dock at 1 Fairmont will cause mud and silt to fill in
areas that were recently dredged." There is no reason to conclude that construction of the Riddle
dock will cause the sluffing of nearby dredged areas since the dock construction does not involve
any dredging.

po E (C E I VE
AUG 2 8 2003
site. They are apparently referring to the coastal wetlands along theq&reline. Anyway, there is - r
no basis for concluding that prodigious amounts of wetlands will bg destroyed by washing in the
pilings for the dock, thus causing the stable mud and silt on the perimeter to slide into the canal
and fill their dredging efforts. Also the structure proposed by Mr. Riddle must be setback 15'
from the Lesley's riparian corridor.
Finally, they indicate that "We are just trying to protect the integrity of one of the few
natural canals left on the island." This is certainly an understandable objective, but they must
offer some legal argument or evidence which tends to show that General Permit No. 30917-D is
inconsistent with some statute or rule. They have not cited any statute or rule which would be
violated or alleged any facts or offered any legal arguments tending to show any violation.
IV. CONCLUSION
For the above reasons, the Division of Coastal Management recommends that the third
party hearing request by Michael H. and Katie L. Lesley be DENIED.
This the 22 1- day of August, 2002.
FOR THE DIVISION OF
COASTAL MANAGEMENT
David G. Heeter
Assistant Attorney General
N.C. Department of Justice

a EC.B117.B
AUG 2 a 2a03
7 D;VISION OF
COASTAL MANAGE—;tijr�
V. CERTIFICATE OF SERVICE d T
This is to certify that I have served a copy of the attached Recommendation of the
Division of Coastal Management upon the Petitioners by causing a copy thereof to be placed in
the U.S. Postal Service bearing sufficient postage for delivery by first class mail and addressed as
follows:
Michael H. Lesley
Katie L. Lesley
7008 Shadowrock Court
Matthews, NC 28104
This the z Z :- ,; day of August, 2003.
n-1 ct-....� -'� • 1. 3- t...ts�
David G. Fleeter
Assistant Attorney General
N.C. Department of Justice
P.O. Box 629
Raleigh, NC 27602-0629
[phone]

UG.20.2003 12:14PM
NCDENR WIRO
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Attachment

Attachme
Date
K.'�7T I C L . � �� -T'u s i� t
r—
Ct I Z -D E S T
c -rI N (- z2-`z 1
RE: C ANLA Application Notification
Dear V-AT I E �- S
Z Jvr) cy� j2,(c)1� ST 2
is �, (-` t�cH
This letter is to inform you that I have applied for a Minor CAMA Permit on my property .
located at Lot , Block , Section � ,; with a physical address of 1 -FAi RLMNl T
in Ocean Isle Beach, NC. CAMA regulations�application andacopy of the
you of my intentions. I have enclosed a copy of my p PP
drawing of my proposed project.
If you have any comments on my proposed project, please contact Brian Sasser, Local
CAMA Permit Officer for the Town of Ocean Isle Beach at 910-579-3469.
Sincerely,
RECEIVE D
q1(" 1+n-
ST
JUL 0 2 2003

CERTIFIED MAIL,,, RECEIPT
(Domestic Mail Only, No Insurance Coverage Provided)
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(Endorsement Required)Here
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(Endorsemem Required)Total Postage 8 Fees07/01/20D3
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PO Box No.
RE"CEIVED
JUL 0 2 2023

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AD.TAC'x'N'T`
RT�ART ,N_�ROp~�TY
OWN�'R
NnTTFTf ATTQN!{gA�r�
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Name Of Individual Applying For Permit:
Address Of Property:
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DC-E—AN (SLE f EAc+ �unl sW I cy-
(Lot or Street #, Street or Road, City & County
I hereby certify that I own property adjacent
referenced property. The individual applying fo
described to me as shown on the attached drawin
they are proposing. A description or drawing,
should be provided with this letter.
i
I fiaverobj a ti o
g
t to the above
r this permit ha
the developmen
with dimensions
ale) aftox 4601=a Is
Ws TVr^P._ cFr'rToN
I. -uderstand that a pier, dock, mooring pilings, breakwater, boat
hse or boat lil
out must be set baCh a distance of 15, =roe
my zrea of riparian access - Unless waived by me. (?f you wish tc
0 rk .ive the setbackA&L, you mini iritial the zppropri_te bleak below.)
151setback requirement.

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