18175D - Simmons

LSLD
CAMA AND DREDGE AND FILL -Y V4tP1JCE&Rcs/qq.)
GENERAL N ki 018175
-1�
PERMIT
as authorized by the State of North Carolina
0 Department of Environment, Health, and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15A NCAC —714. I'2.©a
Applicant Name UJ% t I `•+"V"'' S� r�tm5 dAv CEPtSTINL- D8G- Phone Numbeeif 77 9 4'O a
Address y 9 0 4 -PrN cf••a4 -b •
City G re to ti S. loa'rc) State N L Zip Z / 4-O (. rr
Project Location (Coup , State Road, Water Body, etc.) n4 B3 0 lIELST f c Irk 12 . 1--w, C z,fi
-�
A S�ftV ,fY Pr- C 4 i C _i k 4 i\r L. w sL..n C. t • •
Type of Project Activity t
tTXY 1 Uv-• .(STl
PROJECT DESCRIPTION SKETCH 1.--- -
VI
S t)L.L. (SCALE: 1 11 3o 1 )
Pier(dock) lengthelk
i
Groin length — i
` ADD 9i X 6 HOA
•
number II `1 IO/X(af B'oail1I*
Bulkhead length
'DI
max.distance offshore
Basin,channel dimensions i cr 1.16-
cubic yards (11:1, 1X 16%2.-1q4caQ
X Si ri0r
Boat ramp dimensions
Orkh er tt �
oarI�t 1a'xtaf ` 1 I r/
F`10.1-4- �rX 6r < � >
ZNC> of 50
w �,sr ¢830 W•
*
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 applicant s signature
come null and void. c2r19
This permit must be on the project site and accessible to the permit officer's signature
permit officer when the project is inspected for compliance. a �� '�
The applicant certifies by signing this permit that 1) this pro- (O
ject is consistent with the local land use plan and all local issuing date expiration date
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no 7 121)o
attachments
objections to the proposed work.

_ .�1�- . F � t111 Lt'E�' U t L t U I
APPLICANT NAME: IN ' IL 13 vv. 91 141 rv,,a-vt, s
ADDITIONAL NAMES:
AEC DESIG: EL(�) {� - DEVELOP AREA
(Willi onlytake� ( ( —_ L_ PROJ DESC: - ( 2
(Will only tale 1)
WORK: C L t )- (
(Will only take 4)
Z_ E3)149 .
MAINT:
(Willonly v 4) 1
Qv
IMP: aw (7y-
(w 11 only take 6)
ACTION EXPIRATION
DREDGE&FILL REQUIRED:
CAMA MAJOR DEVEL REQUIRED: (6'- a,3 Lt" - 3-

JUN.23.1999 1:17PM NCDENR WIRO ,, NO.044 P.2
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State of North Carolina Reply to:
MICHAEL F. EASLEY Department of Justice David G.Heeter
ATTORNEY GENERAL P.O.BOX 629 Environmental Division
RALEIGH Tel:[phone]
Fax:[phone]
27602-0629 [e-mail]
MEMORANDUM
J
in
TO: Ed Brooks, DCM, Wilmington rqq
Charles Jones, DCM, Morehead City
CGASTAL �?r, RGEMENT'
FROM: David G. Heeter
Assistant Attorney General ptC11
DATE: May 3, 1999
RE: William Simmons, Jr., Variance Request
Enclosed you will find a variance request by William Simmons, Jr. Please review his
request and supporting materials and let me have your comments by May 10 so I can prepare the
Commission packet.
ep/32209

l '
4904 Landaff Drive
Greensboro, NC 27406
April 16, 1999
APR 2 1
Director N,L p rOFtNEY %E�i1_I?AL
Division of Coastal Management nvironmentai Division
P. O. Box 27687
Raleigh, NC 27611
Attorney General's Office
Environmental Section D 1 0. 7z
P. O. Box 629
Raleigh,NC 27602-0629
MAY 06 1999
RE: Denial of CAMA General Permit Request DIVISION uF
4830 West Beach Drive COASTAL MANAGEMENT
Long Beach,NC
To Whom It May Concern:
I am writing to request a variance pursuant to Rule 15A NCAC 7H.1201 which prohibits
piers within the coastal wetlands AEC's.
Attached are my responses to items in the CAMAVARIANCE REQUEST , the CAMA
VARIANCE REQUEST form and CERTIFICATE OF SERVICE form.
If you have any questions, please call me at 336-622-2250 during the day or I can be
reached at home at 336-674-0733 in the evenings. Thank you for your prompt attention
to my request.
Sincerely,
rid t � � �
William L. Simmons, Jr.
Attachments

State of North Carolina
•cDepartment of Environment
and Natural Resources i i ;
Wilmington Regional Office �
Division of('ousial A4cmugctncnl
James B. Hunt, Jr., Governor NCDENR
Wayne McDevitt, Secretary NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Donna Moffitt, Director
April 9, 1999 ( ?ftS `
CERTIFIED MAIL - Z 418 221 174
RETURN RECEIPT REQUESTED
MAY 06 1999
Mr. William Simmons DIVIsIU1v yr
4904 Landaff Drive C�ASTA� MANAGEMENT
Greensboro, NC 27406
RE: Denial of CAMA General Permit Request
Dear Mr. Simmons:
After reviewing your proposed project, in conjunction with the development standards required by
the Coastal Area Management Act (CAMA), it is my determination that no permit may be granted for the
development you have proposed.
This decision is based on my finding that your request violates N.C.G.S. 113A-120(8) which
requires that all applications be denied which are inconsistent with CAMA guidelines. You have requested
to construct a dock and boatlift, located at 4830 51st Place West, in Long Beach, in Brunswick County.
Measurements taken during the site visit confirm that this proposed project is within the Ocean Hazard
Area of Environmental Concern. Your request is inconsistent with 15A N.C.A.C. 7H. 1201 which states
that:
This permit will allow the construction of new piers, docks, and boat houses in the public trust
waters and estuarine waters AEC's, and construction of new piers and docks within the coastal
wetlands AEC's, according to authority provided in Subchapter 7J. 1100 and according to the
following guidelines. This permit will not apply to shoreline protection within the ocean hazard
AEC.
Should you wish to appeal my decision to the Coastal Resources Commission or request a variance
from that group, I have enclosed the proper forms. If you have any questions or need additional
information, please contact me at [phone]. Appeal notices must be received by the Division of
Coastal Management in Raleigh, within 20 days of your receipt of this letter, in order to be considered.
Incerel
E. F. Brooks
Division of Coastal Management
Wilmington Regional Office
cc: Bob Stroud, DCM
Charles Jones, DCM

DCM FORM 11
PETITIONER'S NAME [[ 1 1
v- � i,�vv► X S 1��>yY �^ �� CAMA VARIANCE
COUNTY I}}�}II �\�// 7}ALL S15. ;:C L n1` 1.'
FILE NUMBER c�
(Petitioner leave blank) MAY 1999
DIVISION ut=
COASTAL MANAGEMENT
Pursuant to North Carolina General Statute 113A-120.1 and 15A North Carolina Administrative
Code 7J Section .0700, the Petitioner in this matter applies to the Coastal Resources Commission
for a variance.
For this application to be complete, the Petitioner must provide complete responses to each
statement below:
(a) Will enforcement of the applicable development guidelines or standards causing
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 Petitioner's
property? Explain.
(c) Could the Coastal Resources Commission have reasonably anticipated these
conditions when the applicable guidelines or standards were adopted? Explain.
(d) Is the proposed development consistent with the spirit, purpose and intent of the
Commission's regulations? Explain.
NOTE: For this request to be considered, the Petitioner must be able to answer (a), (b) and
(d) in the affirmative and (c) in the negative.
Due to the above information and pursuant to statute, the undersigned hereby requests a variance.
The undersigned states that (check one):
V He or she has received a final decision on an Application for a CAMA
Major Development Permit; or
He or she has received a final decision on an Application for a CAMA
Minor Development Permit. The undersigned has attached:
(a) A copy of the Permit Application and the decision; and

(b) A complete description of the proposed development, including a
site drawing with adequate topographical and survey information.
L11 �l ,� _. . t 1-,,,-, . A , 11/1.4,-N.„\--J-• 1),--
Date y
Signature
Name of Petitioner or Attorney
Address
City State Zip
67 �-i C- ; 33 / 351', 67.3-a -)�..7c
Telephone Number
This variance request must be served on the Director, Division of Coastal Management,
and the Attorney General's Office, Environmental Division, at the addresses shown on the
attached Certificate of Service Form. If a contested case hearing will be required to resolve
disputed facts or you want to appeal the permit decision upon which your Variance Request is
based, a Petition for a Contested Case Hearing should be filed with the Office of Administrative
Hearings, P.O. Drawer 27447, Raleigh,NC 27611-7447 as well as with the above parties.
D 3 c pi;-7-14.4, 0
c' MAY 0 6 1999
DIVISION vF
COASTAL MANAGEMENT
REVISED AUGUST 7, 1997

CERTIFICATE OF SERVICE
(This Certificate of Service should be attached to any Variance Request which is filed
with the Office of Administrative Hearings. You don't have to attach a Certificate of Service to
any Variance Request you file with the Director or any District Manager of the Division of
Coastal Management under the Coastal Resources Commission's expedited variance procedures.)
I hereby certify that this Variance Request has been served on the State agencies named below by
depositing copies of it with the United States Postal Service with sufficient postage for delivery
by first class mail or by personally delivering copies to the named agencies.
Served on: Director
Division of Coastal Management
P.O. Box 27687
Raleigh, NC 27611; and
Attorney General's Office
Environmental Section
P.O. Box 629
Raleigh, NC 27602-0629
This the / cl ' day of R p r, I , 19 a .
LA) ;S l 'vanes,
Signature of Petitioner or Attorney
ep/18773
MAY 0 6 1999
DIVISION or-
COASTAL MANAGEMENT

REQUEST FOR VARIANCE
ANSWERS TO DCM FORM 11
a. Yes. Enforcement of the applicable development guidelines which prohibits piers
on Ocean Hazard AECs will result in practical difficulty and unnecessary
hardship by not allowing me to build a boat lift to improve my property.
b. Yes. Conditions of my property is peculiar because it is located within both the
Estuarine Waters and Ocean Hazard AECs, but has characteristics of an estuarine,
not an ocean, shoreline.
c. No. The Coastal Resources Commission could not have reasonably anticipated
Ocean Hazard and Estuarine Waters AECs to overlap.
d. Yes. The proposed boat-lift and floating dock is consistent with the spirit,
purpose and intent of the Commission's regulations since is consistent with
adjacent and neighboring properties.
fC, 1-`'
MAY 0 6 1999
DIVISION vr=
COASTAL MANAGEMENT

Phone: [phone]
Fax: [phone]
TELECOPIEIURANSMITTAL SHEET
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FROM: "D".Y is. t4
DATE: %e►-0.1 Ili 1 s! q
NUMBER OF PAGES (INCLUDING TRANSMITTAL SHEET): 3
CONFIRM RECEIPT OF DOCUMENT(S)IF MARKED HERE:
COMMENTS:
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CRC-
MEMORANDUM
TO: Coastal Resources Commission
FROM: David G. Heeter
SUBJECT: William L. Simmons, Jr., Variance Request
DATE: May 18, 1999
William L. Simmons,Jr., owns a piece of property located at 4830 51st Place West, Long
Beach, Brunswick County. The lot has riparian access to Davis Creek which is within both the
Estuarine Waters and Ocean Hazard Areas of Environmental Concern. He applied for a CAMA
General Permit to add a boat dock and Iift to an existing pier. His application was denied because
Rule 15A NCAC 7H .1201 prohibits the issuance of a General Permit for a boat dock and lift
within the Ocean Hazard AEC. In all other respects, the project meets the standards for a General
Permit.
Mr. Simmons seeks a variance from the prohibition in 7H .1201 against granting a
General Permit for a boat dock and lift in the Ocean Hazard AEC.
Attachment 1: Rule 15A NCAC 7H .1201.
Attachment 2: Sketch Plan.
Attachment 3: Denial Letter.
Attachment 4: Stipulated Facts.
Attachment 5: Summary of Petitioner's and Staffs Positions.
Attachment 6: Petitioner's Variance Petition.

2
ATTACHMENT 3
STIPULATED FACTS
1. William L. Simmons, Jr., owns a lot located at 4830 51st Place West, Long
Beach. This is not an oceanfront lot. It fronts on Davis Creek.
2. The lot has riparian access to Davis Creek which is a tidal creek within both the
Estuarine Waters and Ocean Hazard AECs.
3. Mr. Simmons applied for a CAMA General Permit to add a six foot by ten foot
boat dock and a_foot by foot boat lift to an existing pier.
4. Boat docks and lifts are typical structures for providing riparian access along
waterbodies with estuarine characteristics.
5. Many neighboring lots have piers with boat docks and lifts.
6. The adjacent riparian owners did not object to the proposed boat dock and lift
7. His application was denied under Rule 15A NCAC 7H .1201 which allows the
issuance of a General Permit for a new boat dock and lift within the Estuarine Waters AEC but
not the Ocean Hazard AEC_
8. Davis Creek in the vicinity of the Simmons property has the characteristics of a
tidal creek.
9. The Simmons property is located approximately 345 feet landward of the first line
of stable natural vegetation_
10. The Ocean Hazard AEC is approximately 445 feet deep.
11. The Lockwood Folly Inlet is located approximately a mile and one-quarter to the
south.
12. The Inlet Hazard AEC boundary is located approximately one mile away.

Coastal Dockworks
Custom Docks Bulkheads
Piledriving
PO Box 10671
Southport NC 28461
Greg Prevatte Greg Garner
[phone] [phone]

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DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
Name Of Individual Applying For Permit: t/,`/,L, 19fil S;`ntfrion S
Address Of Property: 4' 3Q u. /3 QA,G 4 er.
2-04 6 e4c h V 63
(Lot or S'reet #, 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 pr osing. A description or drawin
should be rovided with this letter. g, with dimensions,
I have no objections to this proposal.
•
If you have objections to what is being proposed , please write the
Division of Coastal Manaaement , 127 Cardinal Drive Extension ,
Wilmington , North Carolina, 28405 or call 910 395-3900 within 10
days of receipt of this notice. 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, boat
house, lift 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.
\O I do not wish to waive the 15'setback requirement.
•
S Dates •
,,„ , ,,,,,,
Print Name .�.-�r
, 1 ED I I-A NI PI
Telephone Number With Area Code

•
•
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER- FORM
Name Of Individual Applying For Permit: /�/, �L;,9y 5,'fl p 0
Address Of Property: 4536 14J. /3e,ch 4r,
/o. 4e4c�► NV 13rv��scr� .c./f co,
• (Lot or-'Street f, 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.
V I have no objections to this osa
ro
P P 1.
•
If you have objections to what is being proposed . please write the
Division of Coastal Manacement, 127 Cardinal Drive Extension ,
Wilmington , North Carolina , 28405 or call 910 395-3900 within 10
days of receipt of this notice. No resmonse 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, bcat
house, lift 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 the15'sgtback equi '?dent
X So /ivy as i / �l�Gs/� �7 G/'OSJ /he /2t rf i i0e, r °(/1'
I do not wish to waive the 15'setback requirement. Weefeiilir,
•
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Sig at re Dates . . '
Print Name .��..
•
Telephone Number With Area Code H NI R

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2 PS Form 811,December 1994 102595-98-8-0229 Domestic Return Receipt

S:a:e of North Carolina
Department of Environmentpc swis,
and Natural Resources
Wilmingt on Regional Office AN;
Division of Coastal Management
James B. Hunt, Jr., Governor NcDENR
Wayne McDevitt, Secretary NORTH CAROLINA DEPARTMENT OF
Donna Moffitt, Director ENV�RONMENr AND NATURAL RESOURCES
CERTIFIED MAIL- Z 418 221 174 April 9, 1999
RETURN RECEIPT REQUESTED
Mr. William Simmons
4904 Landaff Drive
Greensboro, NC 27406
•
RE: Denial of CAMA General Permit Request
Dear Mr. Simmons:
6
After reviewing your proposed project, in conjunction with the development standards required by
the Coastal Area Management Act(CAMAA), it is my determination that no permit may be granted for the
development you have proposed.
This decision is based on my finding that your request violates N.C.G.S. 113A-120(8) which
requires that all applications be denied which are inconsistent with CAMA guidelines. You have requested
to construct a dock and boatlift, located at 4830 51st Place West, in Long Beach, in Brunswick County.
Measurements taken during the site visit confirm that this proposed project is within the Ocean Hazard
Area of Environmental Concern. Your request is inconsistent with 15A N.C.A.C. 7H.1201 which states
that:
This permit will allow the construction of new piers, docks, and boat houses in the public trust
waters and estuarine waters AEC's, and construction of new piers and docks within the coastal
wetlands AEC's, according to authority provided in Subchapter 7J.1100 and according to the
following guidelines. This permit will not apply to shoreline protection within the ocean hazard
AEC.
Should you wish to appeal my decision to the Coastal Resources Commission or request a variance
from that group, I have enclosed the proper forms. If you have any questions or need additional
information, please contact me at(910) 395-3900. Appeal notices must be received by the Division of
Coastal Management in Raleigh, within 20 days of your receipt of this letter, in order to be considered.
in - -1
11
E. F. Brooks
Division of Coastal Management
Wilmington Regional Office
cc: Bob Stroud, DCM
Charles Jones, DCM

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•
Im S e c a r i t y enhanced document See back for d e t a i ls.ml
COASTAL DOCKWORKS INC
1484
PO BOX 10671 PH 845-8687
SOUTHPORT,NC 28461 /c7-'?/
9931
66 30/5DATE453
31
PAY
ORDER OF /J/f s sot. (
DOLLARS
FYRsr CITIZENS 453
BANK fiotCaC 86 T5rri Compry
FOR ferAlY ,..)/%ll/hd/7.`i —""
11100 L484u' 1:0 5 3 L00 3001:004 5 3 L 2 3 L09 7ii' C,�hIEI 15