22517D - Baker

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CAMA AND DREDGE AND FILL
GENERAL ? 22517-:
PERMIT
as authorized by the State of North Carolina
0 Department of Environment, Health,and Natural Resources and the Costal Resources Commission
in an area of environmental concern pursuant to 15A NCAC 7 , 12OU
Applicant Name )6 ev'1A-e-i-. Phone Number
Address 9 o l lsJot-'+ W j4 I Pr coo C�ke Ave f ELr/
City in irri Olt State 5 C., Zip .q 51
Project Location (County, State Road, Water Body, etc.) r tAAs.lA 'tC L ((u (\il IQ ` Pr-,n trot d �-I'reet
-irk k.)\ , --Zerf\Ct-, , t\l _J , KAPm P\AAP J C PrnA\
Type of Project Activity N US'CUVP el IOO tck 1',Ffi
4, VI(,A-ncc / LAs vssue A -t--o R 1Iot,/ CD ins+t-uc-t-,nr off' 1.,c-t „n ‘, \j''
PROJECT DESCRIPTION SKETCH (SCALE: NO I Tu )
Pier(dock)length
Groin length
number
Bulkhead length 1
max.distance offshore ^ -^^" -- ---�' d
Qt C.xt St r\q t �rU? �
Basin,channel dimensions V V �)uFNT )�, %An Ctt '`
0
cubic yards _ fill ye_
Boat ramp dimensions 10 E:46 S-i r•r� t LXrd, (4oC a
Other G` Y. \ 4 —.__—i
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This permit is subject to compliance with this application, site
drawing and attached general and specific conditions. Any
aWL,07 violation of these terms may subject the permittee to a fine, X
a/ZA// 1/
applicant's signature
imprisonment or civil action; and may cause the permit to be-
come null and void. T�
e-R- titrx:).Q_Q--Q—
This permit must be on the project site and accessible to the permit officer's signature
permit officer when the project is inspected for compliar( �
The applicant certifies by signing this permit that 1) this pro- my.a- f t1 ��cA �t 1-nA.�c 3 12UOU
ject is consistent with the local land use plan and all local issuing date 1 expiration date
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no rA , 1
20Cj
attachments
objections to the proposed work.

L-LPkh..KAL PL.J\SIT -COMPUTER FOR?
C.'__T NAME: Vec e-e
ADDITIONAL NAJv S: •
AEC D:SIG C) \ , E. 1A.1) P T DE .OP _—0a3 PROJ DsESC:
WQRK_ Y� �-- X 2(Val coly saki,4)
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ACTION =I:RATION
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CAMA MAJOR DEvREQtJIF :

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AUG-25-99 09 :06 AM Varnams Docks + Bulkh..ad 910 942 7626 P_ 01
DIVISION OF COSTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIvER _FORM
. Name of Individual Applying For Permit : KE(� 6kr
Address Of Property: 1,) I `on-( $+ - k
1"1)(4h l l)ro I r4 `{C� 2
( 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 .
I have no objections to this proposal .
If You have objections to what is being proposed, please write the
Division Of Coastal Management . 127 Cardinal Drive Extension.
Wllrningtop. North Carolina, 28405 or call 910 395-;900 within 10
days of receipt of this notice. No response is considered the same
as no objection if you have been noti ie by Certified Mail
WAIVER SECTION
I understand that a pier, dock, mooring pilings , breakwater, boat
house , lift or sandbags 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.
.41/ 46144--- 71/ /-;'?
S . acur D to A . .A
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Print Name
NI I=1
Telephone Number With 'Nrea Code

.AUG-1'S-99 09 _e6 AM Varnams Docks Bulkhead 910 842 76.2c
P. 02
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIA]J PROPERTY OWNER NOTIFIC T,IoNJWAIVER FORK
Name Of Individual Applying For Permit : k' r c y)(2 r
Address Of Property: 0r- d � L"►d �� ��.� . h
( 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.
'2( I have no objections to this proposal .
•
If you have objections to what is being orocosed. please write the
Division of Coastal Management. 127 Cardinal Drive Extension,
Wilmington . North Carolina , 28405 or gall 910 95-3900 within 10
days of receipt of this not}ce. No response is considered the s_
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 or sandbags 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.
X I do not wish to waive the 15' s-etback requirement.
ure ste ` + A
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Print Name
Telephone Number With Area Code

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Ott"�= CRC-861
State of North Carolina
MICHAEL F. EASLEY Department of Justice
ATTORNEY GENERAL P.O. BOX 629
RALEIGH
27602-0629
MEMORANDUM
TO: Coastal Resources Commission
it\el
FROM: Mary Penny Thompson II Sip 2 1999
Assistant Attorney Genera CO UIV�Slur ,,
ASTA� MANAGEMENT
SUBJECT: Variance Request by Ken Baker
DATE: August 24, 1999
Petitioner's property is located at 121 Sanford Street, Holden Beach,North Carolina in
Brunswick County. The lot borders a man-made canal and is overlapped by both Estuarine
Waters and Ocean Hazard AECs.
Petitioner sought a CAMA General Permit to construct a boat lift. The Division of
Coastal Management denied Petitioner's General Permit request on August 12, 1999 due to its
inconsistency with the General Permit for Construction of Piers, Docks and Boat Houses in
Estuarine and Public Trust Waters which prohibits the construction of new boat houses in an
Ocean Hazard AEC. Petitioner now seeks a variance from the General Permit rules in order to
construct a boat lift along the man-made canal.
The following additional information concerning the petitioner's variance request is
attached to this memorandum:
Attachment A: Excerpts from Applicable Rule: N.C. Admin. Code tit. 15A, r. 7H.1201
Attachment B: Stipulated Facts
Attachment C: Staff Summary of Petitioner's and Staffs Responses to Variance Criteria
Attachment D: Petitioner's Variance Request Materials
cc: Ken Baker, Petitioner through his agent, Sammy Varnam
Donna Moffitt, DCM Director
Charles Jones, DCM Assistant Director, Permits and Enforcement
Robert C Stroud, Jr., Wilmington District Manager
Janet Russell, DCM Field Representative
Robin Smith, Special Deputy Attorney General
EP/34944

CRC-86 1
ATTACHMENT A
Rules Involved
N.C. Admin. Code tit. 15A, r. 7H.1200
GENERAL PERMIT FOR CONSTRUCTION OF PIERS: DOCKS: AND BOAT HOUSES IN ESTUARINE
AND PUBLIC TRUST WATERS
.1201 Purpose
This permit will allow the construction of new piers, docks, and boat houses 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 711100 and according to the following
guidelines. This permit will not apply to the Ocean Hazard AEC.

•
CRC-861
ATTACHMENT B
Stipulated Facts
1. Petitioner's property is located at 121 Sanford Avenue, Holden Beach,North
Carolina in Brunswick County. The lot fronts a man-made canal. It is not located on an ocean-
facing shoreline.
2. Both an Estuarine Waters Area of Environmental Concern(AEC) and an Ocean
Hazard AEC overlap Petitioner's proposed development area.
3. Petitioner sought a CAMA General Permit to construct an uncovered boat lift.
4. The proposed development consists of an uncovered boat lift measuring
approximately fourteen feet(14') by fourteen feet(14').
5. The adjacent neighbors have no objections to the project and have completed the
Adjacent Riparian Property Owner Notification/Waiver forms.
6. The Division of Coastal Management denied Petitioner's General Permit request
on August 12, 1999 due to its inconsistency with the General Permit for Construction of Piers,
Docks and Boat Houses in Estuarine and Public Trust Waters which prohibits the construction of
boat lifts in an Ocean Hazard AEC.
7. The proposed development is inconsistent with N.C. Admin. Code tit. 15A, r.
7H.1201, which allows boat lifts in an Estuarine Waters AEC, but prohibits them in an Ocean
Hazard AEC.
8. Boat lifts are common structures along man-made canals in estuarine waters.

E �
CRC-861
ATTACHMENT C
SUMMARY OF PETITIONER AND STAFF POSITIONS
I. Will practical difficulties or unnecessary hardships result from strict application of
the guidelines, rules, standards or other restrictions applicable to the property?
Petitioner's Position: Yes.
Strict application of N.C. Admin. Code tit. 15A, r. 7H.1201, which prohibits boat lifts in
an Ocean Hazard AEC, results in practical difficulty and unnecessary hardship by not allowing
Petitioner to improve property which would typically be characterized as estuarine. Petitioner's
proposed project includes installing a new boat lift along a man-made canal in order to give
Petitioner access to the water and allow storage of Petitioner's boat.
Staff Position: Yes.
Staff agrees that Petitioner would suffer practical difficulty and unnecessary hardship if
prevented from constructing a boat lift along the waterward edge of Petitioner's property. A boat
lift normally allowed in an Estuarine Waters AEC is prohibited in this case by the overlap of an
Ocean Hazard AEC. Without a boat lift, access to the adjoining waters of the canal will be
limited in an area where such boat lifts are common. Due to this reason, the peculiarity in the
rule which allows boat lifts in an Estuarine Waters AEC, but prohibits one when that AEC is
overlapped by the Ocean Hazard AEC, results in an unnecessary hardship to the Petitioner.
II. Do such difficulties or hardships result from conditions which are peculiar to the
property involved?
Petitioner's Position: Yes.
Petitioner's property is peculiar because it is situated on a lot which is overlapped by both
Estuarine Waters and Ocean Hazard AECs. However, it does not face the ocean. It abuts a man-
made canal where a majority of properties already have a boat lift adjacent to them.

CRC-861
ATTACHMENT C
SUMMARY OF PETITIONER AND STAFF POSITIONS
I. Will practical difficulties or unnecessary hardships result from strict application of
the guidelines, rules, standards or other restrictions applicable to the property?
Petitioner's Position: Yes.
Strict application of N.C. Admin. Code tit. 15A, r. 7H.1201, which prohibits boat lifts in
an Ocean Hazard AEC, results in practical difficulty and unnecessary hardship by not allowing
Petitioner to improve property which would typically be characterized as estuarine. Petitioner's
proposed project includes installing a new boat lift along a man-made canal on Topsail Island in
order to give Petitioner access to the water and allow storage of Petitioner's boat.
Staff Position: Yes.
Staff agrees that Petitioner would suffer practical difficulty and unnecessary hardship if
prevented from constructing a boat lift along the waterward edge of Petitioner's property. A boat
lift normally allowed in an Estuarine Waters AEC is prohibited in this case by the overlap of an
Ocean Hazard AEC. Without a boat lift, access to the adjoining waters of the canal will be
limited in an area where such boat lifts are common. Due to this reason, the peculiarity in the
rule which allows boat lifts in an Estuarine Waters AEC, but prohibits one when that AEC is
overlapped by the Ocean Hazard AEC, results in an unnecessary hardship to the Petitioner.
II. Do such difficulties or hardships result from conditions which are peculiar to the
property involved?
Petitioner's Position: Yes.
Petitioner's property is peculiar because it is situated on a lot which is overlapped by both
Estuarine Waters and Ocean Hazard AECs. However, it does not face the ocean. It abuts a man-
made canal where a majority of properties already have a boat lift adjacent to them.

CRC-861
Staffs Position: Yes.
Staff agrees with Petitioner that the unnecessary hardship results from conditions which
are peculiar to the property. The property is subject to restrictions of two AECs, the Estuarine
Waters AEC which allows boat lifts, and an Ocean Hazard AEC which prohibits them. This
peculiarity prevents Petitioner from installing a boat lift since Petitioner's property runs along a
man-made canal commonly characterized as estuarine, not the ocean. Therefore, Petitioner
should receive a variance from the Ocean Hazard AEC prohibition on boat lifts in this case.
III. Could such conditions reasonably have been anticipated when the applicable
guidelines, rules, standards, or restrictions were adopted?
Petitioner's Position: No.
Petitioner contends that the Commission did not reasonably anticipate prohibiting boat
lifts adjacent to this property when it adopted 7H.1201 since the canal waters have only recently
fallen under the Ocean Hazard AEC due to the expansion of flood zone areas.
Staffs Position: No.
Staff contends that the creation of two separate AECs for ocean and estuarine areas
indicates an intent to treat the two areas differently. In this case, two AECs overlap creating a
conflict between allowed and prohibited structures. The intent of the Ocean Ha7.ard AEC is to
protect property from hazards peculiar to the Atlantic shoreline resulting from the action of
waves, winds, and currents upon the unstable sands of the seashore. Petitioner's property,
however, is located on a man-made canal. It does not front the ocean. Staff contends that the
Commission intended to prohibit boat lifts along ocean-facing shorelines, but did not anticipate
the Ocean Hazard AEC prohibition would affect man-made canals. Thus, Petitioner should
receive a variance from the Ocean Hazard AEC prohibition and be allowed to build an otherwise
proper and common boat lift along the waterward edge of the property.
IV. Is the proposed development consistent with the spirit, purpose, and intent of the
Commission's regulations?
Petitioner's Position: Yes.
Petitioner contends that the proposed boat lift is consistent with the spirit, purpose, and
intent of the Commission's regulations since it facilitates water access without imposing a
negative impact on the environment or natural resources.

CRC-861
Staffs Position: Yes.
Staff agrees that Petitioner's proposed boat lift is consistent with the spirit, purpose, and
intent of the Commission's regulations. The waterward edge of Petitioner's property fronts a
man-made canal, not the Atlantic Ocean. The primary causes of hazards peculiar to the Atlantic
shoreline are not prevalent on Petitioner's property. Although Petitioner's use of property is
restricted by two AECs, the area's estuarine characteristics should allow Petitioner to install a
new boat lift as allowed by general permit in the Estuarine Waters AEC.

'AUC. -12' 99(THU) 12 0 i DEHNR COSTAL MOTTEL 919 733 1495 P. OO i
AUG. 12. 1999 10 33AM NCDENR WIRG N0.636"�—c.2i.7 _
DAM FORM II
PETITIONER'S NAME ea_ ect}y
COUNTY i C 4MA VARIANCE
C REQUEST •
FILE NGFMBER. ;
i RECEIVED _
(Petitioner leave blank) AUG 12 1999
Pursuant 10 North Cara POASTAL MANAGEMENT
Code 77 Carolina feral Statute 113.E-120,1 and 15
Section ,07op, the PetitioaeY ih this matter a A No
for a variapcG, applies to the Co Carolina Administrative
Resources Commission
For this application to be
statement below: complete, the Petitioner must provide responses to each
(a) Will enforcement of the applicable development
the Peti 'LIDACrpracl]ea] difficulties o �d cs or standards causing
must identify the difficulties s unnecessary�Ps? If so,or hardships.
petitioner
(Ti) Do such f
dl�etllties or hardships result fro
m
Property? Explain conditiongiprer to the Petitioner's
(c) .. Could the Coate Rnso
conditions when the applicable
CapmissioA aYe reason
P ble guideruies ar standards ��'anticipated these
(d) Is the � lords were adopted? Explain.
proposed development consistent 1 r.
Commission's regulations? n the spit,Moose and intent of the
Explain.
NOTE; For this
(d) is the request to be considered,Mc Petiti
affirmative and (c) in the negative ner must be Ole to answer(a), ) and
Due to the above formation and Pursuant to statute
i
the undersigned)zerehy requests a variance.
'
The utldcrsied states that (aback one): I•
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Major Develo He or she has received
I
dccisio 1172�►PPU an for a CAivjq
PmQut Perrat or
________ receiv
lie or she has .
ed a decision on an Minor Development Permit The under mad�boa to oa for a CAMS
Ghedr
(a) A copy of the Permit Application and the d
1'sion; and
!

•
12' 99 (THUI 12:07 DEHtiR T MGh1T
TEL:[phone] P. 001
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(b). A complete d& E0EDfl.
sed deve]opmGrt, including a
site drawing with
hi
and surveyti
Date 4
Name of Petitioner or Attorney
fs-
at
Address
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City 2.
State Zip
�E1
Tel Number
This variance request roust be servedrequest
General's on the Director, division of Coastal
ndthattached C Attorney of S Office,Environmental Division, at the addressesManagement,
attached Ce or you w wee Form'• If a contested case hearing shown onre the
bawd a Petition ant to appeal the permit decision upon wichyour required to resolve
for$ Contested Case He p Variance
based,g5, P.Q. Drawer 27 Contested
snag should be filed with the O f5cc Request is
Raleigh, NC 27611-7447 a`s well pas.
REVISED AUGUST 7, 1997 -

AUG. -12' 99(THU) 12;08 DEHNR COSTAL MGMT TEL [phone] P. 005
AuG. 1Z. 1999 10 33AM NCCENP wI�� rtio.636-•- - F=.4/1'r,.�,,
(This
OF SERVICE
�""S Certificate of Service should be attached to
with the Office of Administrative Hearings. don't �Y Variance Request which is filed
w variance Request you file with the D You have to attach a Cent catc of Se
any Variance
Mae .equ t undo Director or any District Manager o Service to
I Coasts cthe Coastal Resources Commission's expedited vanaic Division of
I hereby
cg copies thatthis Variance Request has been the united States,Pow S od on the States enue9 P ocedures,�,.
by Est class mail or Service with sufficient a named below by
bydep PersonaUy delivering copies to the named agencies.
P Stake for delivery
Served on; D•
Director
Division of Coastal Management
?.O.Box 27687
'Raleigh,NC 2761 I; and
Attorney General's Office
Environmeata/ Section
P.O. Box 629
Raleigh, NC 27602-0629
This the th
day of 5
tgnature oil' 'Bonet-or Attorney
ep/18773 ry

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AUG 12 1999
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21999� 10:341AM \CDENR
•
• f ivurtn Carolina
Department of environment,
Health and Natural Resources 4&14
•
Wilmington Regional Office
Division of Coastal Management
NCDENR
James a, Hutt, Jr., Governor
Y NOMITe. CAROLINA PEPAkRTMMN7 Olr
Wayne McDevitt, Secretar
Donna Moffitt, director ENvIRONMP�tiT AND N..,•upwL
Rm90uRCim5
August 12, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ken Baker RECEIVED
901 North Wi'thlacoochee Ave. AUG 2 1999
Marion, SC 29571
RE: Denial of CAMA General Permit Request COASTAL MANAGEMENT
Dear Mr. Baker:
After reviewing your proposed pr0ject located at 121 S
Brunswick County, in conjunction with the Sanford Street on Holden f#paGh, NC in
Management Act (CAMA;, it is my determination thletpnoaperm permitsta maybe grandarda ted dbfory t the develohe p Arse
ment
you have proposed, p
This decision is based on my finding that your request violates N,C.G.S. 1 13A-12Q(2) which requires
that all applications oe denied which are inconsistent with CAMA guidelines_ You have reouested to
construct a boatlift on a man-merle canal at 123 Sanford Street in Holden Beach, A site visit has
confirmed the proposed project is within the Ocean Hagerd Area of Environmental Concern. Your
request is inconsistent with N.C.A.G, 7H. 1201 which states:
This permit will allow the construction of new piers, docks,
public trust water' AECs and and boat houses in the estuarine and
according to the authority Cs construction of new piers and docks within coastal wetlands AECs
guidelines. This permit will pnot lapply to the ded in hOcean Howard AEC according to the following
Should you wish to appeal this decision to the Coastal Resource Commissionr
from them, I have enclosed the proper forms, If or request a variance
please contact me at i9101 395.3900, Appeal have any questions or need additional information,
Managementa in Raleigh ppeal notices must be received by the Division of Coastal
9 within 20 days of your receipt of this letter in order to be considered.
Sincerely,
Jerry A, Parker
Coastal Representative
cc: . C. Robert Stroud, DCM
Charles Jones, DCM.

'aUG. -12' 99 (THU) 12:09 DEHNR COSTAL MGh1T TEL: [phone] P. 010
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AUG- 25-99 09 :06 AM Varriams Docks + Bulkhe.ad 910 942 7626 P. 01
DIVISION, OF COAXAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICA'T20N/WAIVER FORM
•
Name Of Individual Applying For Permit : 6/1 & Ka -
Address of Property: 1,� ` luc J _ Oo krl
i1L(-+41 Cf)r_0 I r
( 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 .
I have no objections to this proposal .
If You have objections to what is bei a proposed lease wr ' te e
pivision of _Ccasta]� ement• 127 ardinal Drive_£xten5lon.L
Wilrningtof• _North Carolina, 28405 Qr 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 not ' ie by Certified Mall
WAIVER SECTION
I understand that a pier, dock , mooring pilings , breakwater, boat
house , lift or sandbags 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.
/tit;
7 to � '
S . atur D �►
Print Name ED a I—I NI FA
Telephone Number With 'Nr a Code

. AIJG-25-99 09 :06 AM 'Jarnams D,cks + Bulkhead 910 042 7626 P. 02
DIVISION OF COASTAL MANAGEMENT
ADJFICENT, RIPARIAE PROPERTY OWNER NOTIFICAT3 ON/WAIVERFORM
Name Of Individual Applying For Permit : K'i Co K (z r
Address Of Property: 01 .'fOC d1 1 0 1c:t1 LL
-6--.._4_a_ rof0; 11)4 c:24 \46,62
( Lot or Street ff , Street or Road , City & County)
I hereby certify that L 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.
I have no objections to this proposal .
If you have objections to what is tie ' roposed lease write the
pivision of coastal Management. 127 Cardinal Drive Extension,
Wilmington . North Carolina , 2$405 or gall 910 95--3900_ withi 10
days of receipt of this notice. No response is considered the_ same
as no objection if you have been riatified by Certified Mail
WAIVER SECTION
I understand that a pier, dock, mooring pilings , breakwater, boat
house , lift or sandbags 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.
* )1U10-ZellA 1.)ure ?A:
te •
Print Name
L F-1 N
Telephone Number With Area Code

•
•
•
lJi 11 3288
VARNAM'S DOCKS & BULKHEADS
oi 86 VARNAM TOWN RD. '1
i SUPPLY, NC 28462 66-112/531
1 ] 3gti 1
,��11 DATE_�I�� I
1
1' PAY I Od
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s is OR OF— — VV q ,
_0 I kiit/ :J ----J / DOLLARS I� o�,�a ICI
i
62101 BT E
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nno rnuar co 1
t,, 1
[4 3226nHOLDEN BEACH ROAD SW
,I l J SUPPLY,ail..
N^C a46 �jQ
''' FOR/ ! I� /1 r 5171- //
if_______ m.H.0000 3 28130 1:0 5 3 L0 1 1 2 11: 5 2 L 76 7- 07 L III
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