68561D - Vogel

CAMA / DREDGE & FILL ,�.� s" 8561 A B
"ENERAL PERMIT Previous permit#
New Modification Complete Reissue Partial Reissue Date previous permit issued
Ized by the State of North Carolina, Department of Environment and Natural Resources I
oastal Resources Commission in an area of environmental concern pursuant to I SA NCAC 0-17 ��d
EJ Rules
i iF I �' i�►Z V J County 9--ASL i 1( r attached.
Name Project Location: Coun �
Z d i Street Address/ State Road/ Lot #(s) -
State ZIP I- H(o S `�)Gt IM�
(5) "It ';— j -E-Mail NN 1XIOn'aS ZA*Wn Subdivision rVIA
:d Agent --
City U ZIP ,SC_
❑ CW YEW IXPTA ❑ ES ❑ PTS Phone #- ver Basin L VVxl1
❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A
Adj. Wtr. Body � 0 CAJ nat
ElPWS: �1
Closest Maj. Wtr. Body
Project/ Activity
Length
not sure yes o
um: n/a yes o
yes
ttached: yes o
ig permit may be required by:
nrni Pinnnino hiricArtinn)
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❑ See note on back regarding River Basin ru

ROY COOPER
�IIC'HAEL S. REGAN
BRAXTON DAMS
' N , ,,r
SENT VIA CERTIFIED MAIL. — 7014 2120 0000 8055 4720
RETURN RECEIPT REQUESTED
October 23 2017
Mary Kaye Rickenbaker c/o Vonda Mociun
P.O. Box 1796
Sumter, SC 29151
Dear Ms. Mociun:
This letter is in response to your letter received by the N.C. Division of Coastal
Management on September 7, 2017, regarding your concerns about the proposed development
by Mr. Jeff Vogel at 427 Cobia St., adjacent to a manmade canal, in Sunset Beach, Brunswick
County, Borth Carolina. The project consists of constructing a new floating finger pier and
installing two (2) floating jet -ski platforms.
Based on site visits by staff with our office and review of the provided drawings provided
by the applicant, the construction of the proposed jet -docks has been determined to comply with
the current Rules of the Coastal Resources Commission (07H.1200)- General permit for
construction of piers and docking facilities: In estuarine and Public Trust Waters and Ocean
Hazard Areas, and as such, a permit has been issued to authorize the development. I have
enclosed a copy of the permit, as well as, the relevant statutes.
If you wish to contest our decision to issue this permit, you may file a request for a Third
Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and
determine whether to grant your request to file for a Contested Case Hearing. The hearing
request must be filed with the Director of the Division of Coastal Management, in writing and
must be received within twenty (20) days of the disputed permit decision. I have enclosed the
applicable forms and instructions that must be filed prior to that deadline. Please contact me at
910-796-7424, if you have any questions, or if I can provide any additional information.
Respectfully yours,
s

GAMA THIRD PARTY
BEARING REQUEST FORM
PETITIONER'S NAME
DECM FORM 5
DGM FILE No:
COUNTY WHERE THE DEVELOPMENT IS PROPOSED
PLEASE TAKE NOTE that the undersigned, a person affected by the decision of (check one):
a Local Permit Officer acting on a CAMA Minor Development Permit application; or
the Division of Coastal Management acting on a CAMA Permit application
hereby requests permission from the Coastal Resources Commission (CRC) to file an appeal pursuant
to N.C.G.S. § 113A-121.1(b) and 15A N.C.A.C. 07J .0301. (Please attach a copy of the permit. If you
annot obtain a copy of the permit, please provide the name of the permittee, the project location, and
the permit number.) Requests are reviewed and determined by the chairman of the CRC to determine
whether a hearing should be granted. 15A N.C.A.C. 07J .0301(b). Approval of a Third Party Hearing
Request allows a petitioner to file a contested case petition with the Office of Administrative Hearings
within twenty (20) days of receipt of the CRC's Order. N.C.G.S. § 113A-121.1(b). Denial of a Third
°arty Hearing Request is a final agency decision which may be appealed to Superior Court under
V.C.G.S. § 113A-121.1(b) and Chapter 15013, Article 4.
yor this application to be complete, the Petitioner must address each of the three factors listed below.
the CRC's chairman's decision to grant a hearing will be based on whether the Petitioner:
(1) Has alleged that the decision is contrary to a statute or rile [N.C.G.S. § 113A-121.1(b)(1)];
(Please cite the statute or regulation allegedly violated by the permit decision.)
(2) Is directly affected by the decision [N.C.G.S. § 113A-121.1(b)(2)]; and
(Please describe how you are directly affected by the permit decision. Persons directly
affected by a decision often include, but are not limited to, owners of real property in the
vicinity of the proposed development who can show that it is likely to have a significant
adverse effect on the value and enjoyment of their property, or persons who can
demonstrate a history of substantial use of public resources in the area directly affected
by the development.)

SECTION .1200 — GENERAL PERMIT FOR CONSTRUCTION OF PIERS AND DOCKING FACILITIES: IN
ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS
15A NCAC 07H .1201 PURPOSE
A permit under this Section shall allow the construction of new piers and docking facilities (including pile supported or
floating) in the estuarine and public trust waters AECs and construction of new piers and docks within coastal wetlands
AECs according to the authority provided in Subchapter 07J A 100 and according to the Rules in this Section. This
permit shall not apply to oceanfront shorelines or to waters and shorelines adjacent to the Ocean Hazard AEC with the
exception of those shorelines that feature characteristics of the Estuarine Shoreline AEC. Such features include the
presence of wetland vegetation, lower wave energy, and lower erosion rates than the adjacent Ocean Erodible Area.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984;
Amended Eff. July 1, 2009; April 1, 2003.
15A NCAC 07H .1202 APPROVAL PROCEDURES
(a) An applicant for a General Permit under this Subchapter shall contact the Division of Coastal Management and
request approval for development. The applicant shall provide information on site location, dimensions of the project
area, and his name and address.
(b) The applicant shall provide:
(1) confirmation that a written statement has been obtained signed by the adjacent riparian property
owners indicating that they have no objections to the proposed work; or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the
proposed work. The notice shall instruct adjacent property owners to provide any comments on the
proposed development in writing for consideration by permitting officials to the Division of Coastal
Management within 10 days of receipt of the notice, and, indicate that no response will be interpreted
as no objection. DCM staff shall review all comments and determine, based on their relevance to the
potential impacts of the proposed project, if the proposed project can be approved by a General Permit.
If DCM staff finds that the comments are worthy of more in-depth review, DCM shall notify the
applicant that he must submit an application for a major development permit.
(c) No work shall begin until an on -site meeting is held with the applicant and a Division of Coastal Management
representative to review the proposed development. Written authorization to proceed with the proposed development
shall be issued if the Division representative finds that the application meets all the requirements of this Subchapter.
Construction shall be completed within 120 days of the issuance of the general authorization or the authorization shall
expire and it shall be necessary to re-examine the proposed development to determine if the general authorization may be
reissued.
(d) Any modification or addition to the authorized project shall require prior approval from the Division of Coastal
Management.
History Note: AuthorityG.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984;
Amended Eff. October 1, 2007; August 1, 1998; January 1, 1990.
15A NCAC 07H .1203 PERMIT FEE
The applicant shall pay a permit fee of two hundred dollars ($200.00) by check or money order payable to the
Department.
History Note: AuthorityG.S 113A-107; 113A-113(b); 113A-118.1; 113A-119; 113-119.1; 113A-124;
Eff. March 1, 1984;
Amended Eff. September 1, 2006; August 1, 2000; March 1, 1991..
15A NCAC 07H .1204 GENERAL CONDITIONS
(a) Piers and docking facilities authorized by the nenernl nermit set fnrth in this Cectinn chnll hp f., the

(p) Piers and docking facilities shall in no case extend more than 1/4 the width of a natural water body, human -made
canal or basin. Measurements to determine widths of the water body, human -made canals, or basins shall be made from
the waterward edge of any coastal wetland vegetation which borders the water body. The 1/4 length limitation shall not
apply when the proposed pier and docking facility is located between longer structures within 200 feet of the applicant's
property. However, the proposed pier and docking facility shall not be longer than the pier head line established by the
adjacent piers and docking facilities nor longer than 1/3 the width of the water body.
(q) Piers and docking facilities shall not interfere with the access to any riparian property, and shall have a minimum
setback of 15 feet between any part of the pier and docking facility and the adjacent property lines extended into the
water at the points that they intersect the shoreline. The minimum setbacks provided in this Paragraph may be waived by
the written agreement of the adjacent riparian owner(s), or when two adjoining riparian owners are co -applicants. Should
the adjacent property be sold before construction of the pier commences, the applicant shall obtain a written agreement
with the new owner waiving the minimum setback and submit it to the Division of Coastal Management prior to
initiating any development of the pier or docking facility. The line of division of areas of riparian access shall be
established by drawing a line along the channel or deep water in front of the property, then drawing a line perpendicular
to the line of the channel so that it intersects with the shore at the point the upland property line meets the water's edge.
Application of this Rule may be aided by reference to the approved diagram in Paragraph (t) of this Rule illustrating the
rule as applied to various shoreline configurations. Copies of the diagram may be obtained from the Division of Coastal
Management website at_http://www.nccoastalmanagement.net. When shoreline configuration is such that a perpendicular
alignment cannot be achieved, the pier or docking facility shall be aligned to meet the intent of this Rule to the maximum
extent practicable.
(r) Piers and docking facilities shall provide docking space for no more than two boats (a boat is defined in 15A NCAC
07M .0602(a) as a vessel or watercraft of any size or type specifically designed to be self-propelled, whether -by engine,
sail, oar, paddle or other means, which is used to travel from place to place by water) except when stored on a platform
that has already been accounted for within the shading impacts condition of this general permit. Boats stored on floating
or fixed platforms shall not count as docking spaces.
(s) Applicants for authorization to construct a pier or docking facility shall provide notice of the permit application to
the owner of any part of a shellfish franchise or lease over which the proposed pier or docking facility would extend.
The applicant shall allow the lease holder the opportunity to mark a navigation route from the pier to the edge of the
lease.

RICRENBAKER & MOCIUN, LLC
D. GENE RICKENBAKER, ATrORNEY(1941-2014)
2575 LINDO CT SUITE A POST OFFICE Box 1796
SUMTER, SC 29150 SUMTER, SOUTH CAROLINA 29151
FAX [phone]
E-Mail:[e-mail]
September 6, 2017
Coastal Management
127 Cardinal Drive Ext
Wilmington, NC 28405-3845
Re: Jeff & Monica Vogel
427 Cobia St
Sunset Beach, NC
Permit Application
Dear Sir/Madam:
VONDA K. MOCIUN, ATTORNEY
803 / 469-8141
803 / 469-8121
I represent Mary Kaye Rickenbaker, as Trustee under the Last Will and
Testament of D. Gene Rickenbaker, the owner of 429 Cobia Street, Sunset Beach,
NC. Ms. Rickenbaker received the enclosed adjacent riparian property owner
notification/waiver form by certified mail yesterday, September 5, 2017.
Ms. Rickenbaker has a fiduciary duty to safeguard and preserve the assets in
the Trust of which this property is part of the trust and as such she does object to the
proposed construction of a walk way and wave runner floats being installed at 427
Cobia Street as shown on the attached drawings sent to her by the Vogels. Enclosed
is the original signed objection to the proposal.
This structure/installation in addition to the already large and unsightly boat
lift already in place at 427 Cobia Street would have a detrimental impact on the value
and enjoyment/livability of 429 Cobia Street as it would negatively impact her view

is no one else with this much excess dockage/boatage area in such a small space and
in such close proximity to their neighbors. I have enclosed a picture showing the boat
lift already installed at 427 Cobia Street so that you can better see how close this is
to her property and how adding to this would be a grave disservice to Ms.
Rickenbaker.
If you need to discuss with me or if any other information is needed please
contact me at 803-469-8141 or you can reach me by email at [e-mail].
We very much appreciate your attention to this important matter.
VKM:mtf
Encls.
Sincerely,
'\ & 'C in'.
Vonda K. Mociun
2
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fL Domestic Mail Only
"OF F C -1A L f`
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Postage $
Certified Fee
C3 Return Receipt Fee Postmark
C3 (Endorsement Required) Here
O
Restricted Delivery Fee
— (Endorsement Required)
RJ
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ru
-r Sent To

CERTIFIED MAIL - RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
Name of Property Owner: J'91'f' f M0 41'C.l �C&
Address of Property: y-27 Cc3iJ S, , 151, &Z7- &3 P,4cq /(%,C.
(Lot or Street #, Street or Road, City & County)
Agent's Name #:
Agent's phone #:
Mailing Address:
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 must be provided with this letter.
a.
I have no objections to this proposal. I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in
writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext.,
Wilmington, NC, 28405-3845. DCM representatives can also be contacted at [phone]. No response is
considered the same as no objection if you have been notified by Certified Mail
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set
back a minimum distance of 15' from my area of riparian access unless waived by me. (If you
wish to waive the setback, you must initial the appropriate blank below.)
NOT,
�011LAIKE I do wish to waive the 15' setback requirement.
ZYA'bl I do not wish to waive the 15' setback requirement.
(Property Own r In ormatio (Adjacent Property Owner Information)
Signature Signature
�f.� Y �L 4"lorcr r cq UD Gts`
Print or Type Name
Mailing Address
CHgels C& aC,
Print or Type Name
4ti�;- 4
Mailing Address
C L n _

CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
Name of Property Owner: 5A&- f. /` oa / -1 Op 66L
Address of Property: =;- 7 Cc, 31-� 5', , (3r.--.4G/f IV, C.
(Lot or Street #, Street or Road, City & County)
Agent's Name #:
Agent's phone #:
Mailing Address:
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 must be provided with this letter.
I have no objections to this proposal. ._ALe I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in
writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext.,
Wilmington, NC, 28405-3845. DCM representatives can also be contacted at [phone]. No response is
considered the same as no objection if you have been notified by Certified Mail
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set
back a minimum distance of 15' from my area of riparian access unless waived by me. (If you
wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
� I do not wish to waive the 15' setback requirement.
(Property Owner In`ormatio
Signature
Print or Type Name
42 7 C6,919 S 1.
Mading Address
(Adjacent Property Owner Information)
gnature
1^%AttY 1-r %ZICKr- /y JL34p 6-t,�
Print or Type Name
Po �� l
Mailinq Address

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MENTAL Q ALI'Y
SENT VIA CERTIFIED MAIL — 7014 2120 0000 8055 4720
RETURN RECEIPT REQUESTED
October 23 2017
Mary Kaye Rickenbaker c/o Vonda Mociun
P.O. Box 1796
Sumter, SC 29151
Dear Ms. Mociun:
ROY COOPER
MICHAEL S. REGAN
BRAXTON DAVIS
Lk? �-V-0,Z+A(�
11�301(7 (e:
rc HI-t' d /V
L,e- H-C-V- Nv
rtrlvt-
This letter is in response to your letter received by the N.C. Division of Coastal
Management on September 7, 2017, regarding your concerns about the proposed development
by Mr. Jeff Vogel at 427 Cobia St., adjacent to a manmade canal, in Sunset Beach, Brunswick
County, North Carolina. The project consists of constructing a new floating finger pier and
installing two (2) floating jet -ski platforms.
Based on site visits by staff with our office and review of the provided drawings provided
by the applicant, the construction of the proposed jet -docks has been determined to comply with
the current Rules of the Coastal Resources Commission (07H.1200)- General permit for
construction of piers and docking facilities: In estuarine and Public Trust Waters and Ocean
Hazard Areas, and as such, a permit has been issued to authorize the development. I have
enclosed a copy of the permit, as well as, the relevant statutes.
If you wish to contest our decision to issue this permit, you may file a request for a Third
Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and
determine whether to grant your request to file for a Contested Case Hearing. The hearing
request must be filed with the Director of the Division of Coastal Management, in writing and
must be received within twenty (20) days of the disputed permit decision. I have enclosed the
applicable forms and instructions that must be filed prior to that deadline. Please contact me at
910-796-7424, if you have any questions, or if I can provide any additional information.
Respectfullv`
y yours,
A�

�CAMA / DREDGE & FILL
Z"EN EMRALon Paclete R PM ITssue El Partial Reissue
M 68561 A
Previous permit #
Date previous permit issued
prized by the State of North Carolina, Department of Environment and Natural Resources ,I
Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC
A n ❑ Rules attached.
it Name4 !f 1onty\ � 'L li Project Location: County gm\,<w l
Z 1 �� Street Address/ State Road/ Lot #(s)
�n ItV StateK ZIP 24q& T
16) 40 E-Mail kJOAIAS Zq*-Ae Subdivisiony_1A
zed Agent City C/1 V�Q, ZIP
��
i - CW !*TA ❑ ES ElPTS Phone ver Basin (/Vw
OEA ❑ HHF ❑ IH ❑ UBA ❑ WA Adj. Wtr. Body ��1.41 (nat /
_. PWs: �/ � �
yes % PW PNA yes / �� Closest Maj. Wtr. Body OA �L�-V�L
f Project/ Activity
ing permit may be required by:
f Mn e
❑ See note on back regarding River Basin r

CAMA THIRD PARTY DCM FORM 5
HEARING REQUEST FORM DCM FILE No:
PETITIONER'S NAME
COUNTY WHERE THE DEVELOPMENT IS PROPOSED
PLEASE TAKE NOTE that the undersigned, a person affected by the decision of (check one):
a Local Permit Officer acting on a CAMA Minor Development Permit application; or
the Division of Coastal Management acting on a CAMA Permit application
hereby requests permission from the Coastal Resources Commission (CRC) to file an appeal pursuant
to N.C.G.S. § 113A-121.1(b) and 15A N.C.A.C. 07J .0301. (Please attach a copy of the permit. If you
cannot obtain a copy of the permit, please provide the name of the permittee, the project location, and
the permit number.) Requests are reviewed and determined by the chairman of the CRC to determine
whether a hearing should be granted. 15A N.C.A.C. 07J .0301(b). Approval of a Third Party Hearing
Request allows a petitioner to file a contested case petition with the Office of Administrative Hearings
within twenty (20) days of receipt of the CRC's Order. N.C.G.S. § 113A-121.1(b). Denial of a Third
Party Hearing Request is a final agency decision which may be appealed to Superior Court under
N.C.G.S. § 113A-121.1(b) and Chapter 150B, Article 4.
For this application to be complete, the Petitioner must address each of the three factors listed below.
The CRC's chairman's decision to grant a hearing will be based on whether the Petitioner:
(1) Has alleged that the decision is contrary to a statute or rate [N.C.G.S. § 113A-121.1(b)(1)];
(Please cite the statute or regulation allegedly violated by the permit decision.)
(2) Is directly affected by the decision [N.C.G.S. § 113A-121.1(b)(2)]; and
(Please describe how you are directly affected by the permit decision. Persons directly
affected by a decision often include, but are not limited to, owners of real property in the
vicinity of the proposed development who can show that it is likely to have a significant
adverse effect on the value and enjoyment of their property, or persons who can
demonstrate a history of substantial use of public resources in the area directly affected
by the development.)
1-1 -- .. , nI , i - - _ ■ - __ �_�_ --.&- 61-4 4-u- .n.,..—+ *-- +L-

SECTION .1200 — GENERAL PERMIT FOR CONSTRUCTION OF PIERS AND DOCKING FACILITIES: IN
ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS
15A NCAC 07H .1201 PURPOSE
A permit under this Section shall allow the construction of new piers and docking facilities (including pile supported or
floating) in the estuarine and public trust waters AECs and construction of new piers and docks within coastal wetlands
AECs according to the authority provided in Subchapter 07J A 100 and according to the Rules in this Section. This
permit shall not apply to oceanfront shorelines or to waters and shorelines adjacent to the Ocean Hazard AEC with the
exception of those shorelines that feature characteristics of the Estuarine Shoreline AEC. Such features include the
presence of wetland vegetation, lower wave energy, and lower erosion rates than the adjacent Ocean Erodible Area.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984;
Amended Eff. July 1, 2009; April 1, 2003.
15A NCAC 07H .1202 APPROVAL PROCEDURES
(a) An applicant for a General Permit under this Subchapter shall contact the Division of Coastal Management and
request approval for development. The applicant shall provide information on site location, dimensions of the project
area, and his name and address.
(b) The applicant shall provide:
(1) confirmation that a written statement has been obtained signed by the adjacent riparian property
owners indicating that they have no objections to the proposed work; or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the
proposed work. The notice shall instruct adjacent property owners to provide any comments on the
proposed development in writing for consideration by permitting officials to the Division of Coastal
Management within 10 days of receipt of the notice, and, indicate that no response will be interpreted
as no objection. DCM staff shall review all comments and determine, based on their relevance to the
potential impacts of the proposed project, if the proposed project can be approved by a General Permit.
If DCM staff finds that the comments are worthy of more in-depth review, DCM shall notify the
applicant that he must submit an application for a major development permit.
(c) No work shall begin until an on -site meeting is held with the applicant and a Division of Coastal Management
representative to review the proposed development. Written authorization to proceed with the proposed development
shall be issued if the Division representative finds that the application meets all the requirements of this Subchapter.
Construction shall be completed within 120 days of the issuance of the general authorization or the authorization shall
expire and it shall be necessary to re-examine the proposed development to determine if the general authorization may be
reissued.
(d) Any modification or addition to the authorized project shall require prior approval from the Division of Coastal
Management.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984;
Amended Eff. October 1, 2007; August 1, 1998; January 1, 1990.
15A NCAC 07H .1203 PERMIT FEE
The applicant shall pay a permit fee of two hundred dollars ($200.00) by check or money order payable to the
Department.
History Note: Authority G.S. 113A-107; 113A-113(b); 113A-118.1; 113A-119; 113-119.1; 113A-124;
Eff. March 1, 1984;
Amended Eff. September 1, 2006; August 1, 2000; March 1, 1991..
15A NCAC 07H .1204 GENERAL CONDITIONS
(a) Piers and docking facilities authorized by the general permit set forth in this Section shall be for the exclusive use of

(p) Piers and docking facilities shall in no case extend more than 1/4 the width of a natural water body, human -made
canal or basin. Measurements to determine widths of the water body, human -made canals, or basins shall be made from
the waterward edge of any coastal wetland vegetation which borders the water body. The 1/4 length limitation shall not
apply when the proposed pier and docking facility is located between longer structures within 200 feet of the applicant's
property. However, the proposed pier and docking facility shall not be longer than the pier head line established by the
adjacent piers and docking facilities nor longer than 1/3 the width of the water body.
(q) Piers and docking facilities shall not interfere with the access to any riparian property, and shall have a minimum
setback of 15 feet between any part of the pier and docking facility and the adjacent property lines extended into the
water at the points that they intersect the shoreline. The minimum setbacks provided in this Paragraph may be waived by
the written agreement of the adjacent riparian owner(s), or when two adjoining riparian owners are co -applicants. Should
the adjacent property be sold before construction of the pier commences, the applicant shall obtain a written agreement
with the new owner waiving the minimum setback and submit it to the Division of Coastal Management prior to
initiating any development of the pier or docking facility. The line of division of areas of riparian access shall be
established by drawing a line along the channel or deep water in front of the property, then drawing a line perpendicular
to the line of the channel so that it intersects with the shore at the point the upland property line meets the water's edge.
Application of this Rule may be aided by reference to the approved diagram in Paragraph (t) of this Rule illustrating the
rule as applied to various shoreline configurations. Copies of the diagram may be obtained from the Division of Coastal
Management website at-http://www.nccoastaimanagement.net. When shoreline configuration is such that a perpendicular
alignment cannot be achieved, the pier or docking facility shall be aligned to meet the intent of this Rule to the maximum
extent. practicable.
(r) Piers and docking facilities shall provide docking space for no more than two boats (a boat is defined in 15A NCAC
07M .0602(a) as a vessel or watercraft of any size or type specifically designed to be self-propelled, whether by engine,
sail, oar, paddle or other means, which is used to travel from place to place by water) except when stored on a platform
that has already been accounted for within the shading impacts condition of this general permit. Boats stored on floating
or fixed platforms shall not count as docking spaces.
(s) Applicants for authorization to construct a pier or docking facility shall provide notice of the permit application to
the owner of any part of a shellfish franchise or lease over which the proposed pier or docking facility would extend.
The applicant shall allow the lease holder the opportunity to mark a navigation route from the pier to the edge of the
lease.