18388D - Cowan

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CAMA AND DREDGE AND FILL
GENERAL 018388 _)
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 71/ .goo
Applicant Name / -�'P/( (vw4^- ('lu SI I A.A. ti- f L Phone Number (9/0) .) 75 7
Address CL`410' 41' S� .
City /)kNPti '(f/ State /L C Zip DX v6 )-
Pro'' ct Location,(County, State Road, Water Body, etc.) $4�' 4 J/T ,14a- -444-�F=' l 4 /
? 1 yn.Jlt,, I ('U -
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Type of Project Activity /j /k'41) ii—e, i7\Oti t o? �.�-e-r.4,a'‘) 0 CXi 175'• y wA
PROJ ECT DESCRIPTION SKETCH (SCALE: / ' '- J U / )
Pier(dock)length A' ' De- (44,4 I , --\_.._.--
Groin length
number
Bulkhead length
/ i kt A �„!v` (,
p
max.distance offshore fitol� 0 �
Basin,channel dimensions 0 thl
i
1► 4
cubic yards ��{�P/
Boat ramp dimensions / .� 0 �"•" `G 5-1
I
Other L 6 /
ill eic-
Thy permit is subject to compliance with this application, site f
drawing and attached general and specific conditions. Any l
violation of these terms may subject the permittee to a fine, j01/14,___ 71 / l./ _ --
imprisonment or civil action; and may cause the permit to be—
come null and void. 4 C)--gy-This permit must be on the project site and accessible to thepermit officer's signature
permit officer when the project is inspected for compliance. a;/
3//� / 3 /�j
The applicant certifies by signing this permit that 1) this pro- G
ject is consistent with the local land use plan and all local issuing date expiration day
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no - // i/Q U
objections to the proposed work. attachments
.47iotyc 0 '4'

GENERAL PERMIT COMPUTER FORM
APPLICANT NAME: K`e(( (oi' 4
ADDITIONAL NAMES: 3 M ilAY /l4,vf Z
AEC DESIG: P1 ES-AI t 5 ' DEVELOP AREA:__U ( """ PROJ DESC: P -
(Will only take 6) (Will only take 1)
WRK: 6 \ 6?)
i011 only take 4)
MAINT:
(Will only take 4)
IMP: 54 f 0U
(will only take 6)
ACTION EXPIRATION
DREDGE&FILL REQUIRED: b J 31 )YO I l 131'R d
CAMA MAJOR DEVEL,REQUIRED: 31 !y e IL (3 flit

•
State of North Carolina
MICHAEL F. EASLEY Department of Justice
ATTORNEY GENERAL P. O. BOX 629 REPLY TO Robin W.Smith
RALEIGH Environmental Division
27Fi02 0629 Tel.[phone]
Fax[phone]
July 31, 1998
Mr. Haskell Cowan
301 Pinecrest Drive
Fayetteville,N.C. 28305
ECEWEc-r-
Re: CAMA Variance •
DIVISION OF
Dear Mr. Cowan: MANAGEMENT
Enclosed please find a copy of the order reflecting the action taken by the Coastal Resources
Commission on September 24, 1998 on your variance petition. The variance order is not a CAMA
permit and development should not begin until the Division of Coastal Management has issued a
CAMA permit consistent with the varianc.e order.
If approval of the variance resolves all of the issues raised in the contested case now pending
in the Office of Administrative Hearings (OAH), the contested case petition should be withdrawn
or otherwise dismissed.
Please call if you have any questions about the Commission's order. If you have questions
about dismissal of the OAH contested case, please contact Mary Penny Thompson.
Sincerely,
Robin W. Smith
Assistant Attorney General
cc: Jim Gregson
Mary Penny Thompson
ep/26630(wp)

STATE OF NORTH CAROLINA BEFORE THE NORTH CAROLINA
COASTAL RESOURCES COMMISSION
COUNTY OF BRUNSWICK
IN THE MATTER OF: )
PETITION FOR VARIANCE ) FINAL ORDER
BY HASKELL COWAN )
This matter was heard on oral arguments and stipulated facts at the regularly scheduled
meeting of the North Carolina Coastal Resources Commission(hereinafter CRC) on July 24, 1998,
in Greenville,North Carolina pursuant to N.C.G.S. § 113A-120.1 and T15A NCAC 7J.0700, et seq.
Associate Attorney General Mary Penny Thompson appeared for the Department of Environment
and Natural Resources, Division of Coastal Management; the Petitioner, Haskell Cowan,
represented himself in filing the variance petition and elected not to appear for oral argument before
the Commission.
Upon consideration of the record documents and the arguments of the parties, the CRC
adopts the following:
STIPULATED FACTS
1. Petitioner's property is located at 120 Charlotte Street,Holden Beach,North Carolina
in Brunswick County. The lot adjoins a man-made canal in the center of a barrier island. It is not
located on an ocean-facing shoreline.
2. Both an Estuarine Shorelines Area of Environmental Concern (AEC) and an Ocean
Hazard AEC overlap Petitioner's lot.
3. Petitioner sought a CAMA General Permit to replace fifty feet of bulkhead. The
bulkhead would repair Petitioner's leaning bulkhead and would prevent sediment from filling the
man-made canal. r C E I V E
IV
AUG 0 3 1998

u)Jai u 6 it V 1
. . W f b fl 3 1998 ,
2 DIVISION OF
COASTAL MANAGEMENT
4. The Division of Coastal Management denied Petitioner's General Permit request on
June 18, 1998 due to its inconsistency with Rule 15A NCAC 7H.1101 which allows bulkheads in
an Estuarine AEC, but prohibits bulkheads in an Ocean Hazard AEC.
Based on the foregoing Stipulated Facts, the Commission makes the following:
CONCLUSIONS OF LAW
1. The CRC has jurisdiction over the parties and the subject matter.
2. The parties have been correctly designated and there is no question of misjoinder or
nonjoinder of parties.
3. All notices for the proceeding were adequate and proper.
4. Application of 15A NCAC 7H.1101 to deny Petitioner a general permit to replace an
existing bulkhead on his property will result in practical difficulties or unnecessary hardship to
Petitioner in that Petitioner will be unable to stabilize his shoreline.
5. The hardship is caused by conditions peculiar to Petitioner's property which is within both
the Estuarine Shoreline and Ocean Hazard Area of Environmental Concern, but has characteristics
of an estuarine rather than an ocean shoreline.
6. The Commission could not reasonably have anticipated, at the time of adoption, that the
general permit for construction of bulkheads, T15A NCAC 7H.1100, would not be available to
certain property owners on estuarine shorelines because of expansion of the ocean hazard AEC to
include the estuarine shoreline.
7. The proposed development is within the spirit, purpose and intent of the Commission's
rules in that the rules allow construction of bulkheads on estuarine shorelines and Petitioner's
property has the characteristics of an estuarine shoreline.

3
THEREFORE, the petition for variance from T15A NCAC 7H.1101 is GRANTED and a
CAMA general permit shall be issued for replacement of the existing bulkhead on Petitioner's
property consistent with the standards set out in the referenced general permit rules.
This the 4 day of , 1998.
Sidc /-
���1/ ?.G-. A
Eugen . Tomlinson, Jr., Chairman U
Coasts Resources Commission
RE
AUG 0 3 1998
COAS A1LMONOF
NA C EMENT

Is your RETURN ADDRm completed on P the reverse 1
State of North Carolina o) co �,
,l -Department of Environment o k z m1g D�
and Natural Resources w e i t m., , t . . ��' _
Wilmington Regional Office �' c� k. a `'
ll
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Division of Coastal Management v�' 0 e
41)i \.• z E I II t j
James B. Hunt, Jr., Governor m • m 3 fug_
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Wayne McDevitt, Secretary 8 a-co 9•
Roger N. Schecter, Director co `�„'5 a-
June 18, 1998 00 ;� °
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CERTIFIED MAIL#Z 153 115 389 , g
RETURN RECEIPT REQUESTED C 1: 2. g
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Mr. Haskell Cowan T m ❑ ❑ ❑ p a= 2
301 Pinecrest Drive 6 a s k.. , D ag st
Fayetteville, North Carolina 28305 co ° 3 a co a �a 3
o � m rm § -1�z
Qa r 1 m
RE: Denial a .� o m O3 N — °!
m m c ❑ ❑ Alg '
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Dear Mr. Cowan: f) g D --
33 c . N a m _
m ,� 0. m
After reviewing your proposed project, in conjunctior 3 o ❑ CAI m a m a
the Coastal Area Management Act(CAMA), it is my determi 73 c pp o e t o a
cp
development you have proposed. 0 cm m m ; m
v' S. a S
This decision is based on my finding that your reques Thank you for using Return Receipt Service.
requires that all applications be denied which are inconsistent with CAMA guidelines. You have requested
to replace 50 feet of bulkhead at your property located at 120 Charlotte Street, on Holden Beach, in
Brunswick County. We have determined that your project is located within the Ocean Hazard Area of
Environmental Concern(AEC). Your request is inconsistent with 15A N.C.A.C. 7H.1101 which states
that:
This permit will allow the construction of bulkheads and the placement of riprap for shoreline
protection in the public trust waters and estuarine waters 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.
Sincerely,
1
Jim Gregspn
_Divisionjf Coastal Management
Wilmington Regional Office
cc: Bob Stroud, DCM
Charles Jones, DCM
Dave Heater, Attorney General's Office
Jimmy Mintz, Agent

AEC HAZARD NOTICE
.YOUR PROJECT at j ,L is in an
•
OCEAN ERODIBLE AREA THIGH HAZARD FLOOD AREA INLET HAZARD AR
EA
This notice is intended to make you, the appli- This figure was established by careful analysis of
cant, aware of the special risks and conditions aerial photographs of the coastline taken over the
associated with development in this area, which is past 30 to 40 years.
subject to natural hazards such as storms, erosion
or currents. The rules of the Coastal Resources Studies also indicate that the shoreline could
Commission require that you receive an AEC move as much as 33 o feet landward in a major
hazard notice and acknowledge that notice in Storm.
writing before any permit for development in this
area can be issued. The flood waters in a major storm are predic-
ted to be about / to feet deep in this area.
The Commission's rules on building standards,
oceanfront setbacks and dune alteration are Preferred oceanfront protection measures are
designed to minimize, but not totally eliminate, beach nourishment project. and relocation of
property losses from the hazards. By granting threatened structures. Hard erosion protection
permits, the Coastal Resources Commission does structures such as wooden bulkheads, seawalls,
not guarantee the safety of the development and rock and rubble revetments, wooden, metal,
assumes no liability for future damage to the concrete or rock jetties, groins and breakwaters,
development. concrete-filled sandbags and tire structures are
prohibited. Sandbag bulkheads or groins, beach
The best available information, as accepted by nourishment, beach bulldozing, and low intensity
the Coastal Resources Commission, indicates that off-shore passive sandtrapping devices may be
the annual ocean erosion rat s�for the area where permissible under certain conditions.
your property is located is_c/. 0 feet per year.
—
•
Date Applicant's Signature
The applicant must acknowledge receipt of this information by signing this notice in the space above. Without
the proper signature, a permit will not be issued.
SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and
erosion. Permits issued in this area expire on December 31 of the third year following the year in which the permit was
issued. Shortly before work begins on the project site, the Local Permit Officer will determine the vegetation line and
setback distance at that particular site. If the property has seen little change and the proposed development can still
meet the setback requirement the LPO will inform you that you may begin development. It is important that you
check with the LPO before the permit expires for official approval to continue work after your permit expires. Gener-
ally, if foundation pilings have been placed and substantial progress is continuing,permit renewal may not be necessary.
If substantial progress has not been made the permit must be renewed and a new setback may be applied. IT IS
UNLAWFUL TO CONTINUE WORK AFTER PERMIT EXPIRATION WITHOUT THIS APPROVAL.
FOR MORE INFORMATION,CONTACT:
LOCAL PERMIT OFFICER: Doucl as W. Gillette
ADDRESS: 110 Rothschild Street
Holden Beach. NC 28462
LOCALITY: Town of Holden Beach
PHONE: [phone] •

FUNCTION=> A NEXT PERMIT=> GENERAL PERMIT ENTRY/UPDATE RRD16(
PERMIT NO: GP18388 DISTRICT: I COUNTY: BRUNSWICK
AEC DESIG: PT EW ES APP FEE: 50 . 00 REGIONAL REP: GREGSON
APPLICANT NAME: COWAN, HASKELL
MAILING ADDRESS: 120 CHARLOTTE ST
CITY: HOLDEN BEACH STATE: NC ZIP: 28462
LOCATION: SAME WATER BODY: MAN MADE CANAL
LOCATION ADDRESS: (WHEN DIFFERENT FROM MAILING)
CITY: HOLDEN BEACH STATE: NC ZIP:
DEV AREA: 0 . 01 PROJECT DESC: P-11 STATE PLANE COORD X: Y:
WORK: BH 50 0 00 0 0 0 00 0 0 0 00 0 0 0 00 I
MNT: 0 0 00 0 0 0 00 0 0 0 00 0 0 0 00
IMP: SB 100 0 0 0 0 0
ACTION EXPIRATION
DREDGE AND FILL: 08 31 98 11 30 98
CAMA MAJOR DEVELOPMENT: 08 31 98 11 30 98
MESSAGE: INV EXPIRATION,
PF1=HELP PF2=MAIN MENU PF3=PERMIT MENU PF4= PREVIOUS SCREEN PF5=ADD NAMES

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I LLOYD MINTZ
j JAMES MINTZ 1019
2621 STONE CHIMNEY RD., S yy i SUPPLY NC 28462-5927
ZO'PAY
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