DEN-Ocean Isle Realty & Ocean PT. Condos

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAUPROCESSING RECORD
A)
U
C)
APPLICANT: Ocean Isle Realty/Ocean Point Condominiums Phase II COUNTY: Brunswick
LOCATION OF PROJECT: 63 Ocean Isle Blvd West Ocean Isle Beach
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 07/30/96 DEPOSITION
EXHIBIT
FIELD RECOMMENDATION: Attached - Yes To Be Forwarded - No to
CONSISTENCY DETERMINATION: Attached - N/A To Bearded - N/A --�---
FIELD REPRESENTATIVE: Ed Brooks DISTRI O CE: Wilmington
DISTRICT MANAGER REVIEW. 2 ha99 ;•� r•,;Qr••
DATE APPLICATION RECEIVED IINN IGH: -�\—� �, FEE REC'D: $ 7 sU F, I✓
PUBLIC NOTICE REC'D: _L' END OF NOTICE DATE: 9-// 7F
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D:
APPLICATION ASSIGNED TO: ON:
75 DAY DEADLINE: I 0 - 5 - W6 150 DAY DEADLINE:
MAIL OUT DATE: 5'-19-ic STATE DUE DATE:
FEDERAL DUE DATE: FED. COMMENTS REC'D: r— W 4
PERMIT FINAL ACTION: ISSUE DENY �/ DRAFT ON
AGENCY
DATE COMMENTS
RETURNED
OBJECTIONS
YES NO
NOTES
Coastal Management Dist. Office
✓
Div. of Community Assistance
8 p
Land Quality Section
7
N-3e-kl p.
Div. of Env. Managementro-i-4{
Qa-
-u
State Property Office
Div. of Archives & History
Div. of Env. Health 5.3P-a
,IQ-(f-
Div. of Highways
q - l � - C1
Wildlife Resources Commission
Div. of Water Resources
�. '1
p/�3
Div. of Marine Fisheries
_ - '� 6

Recommendations for State Permit - Ocean Point Condominiums -Phase II
I have no objection to the proposed project subject to the following comments and conditions:
The applicant shall contact a field representative from the Division of Coastal
Management shortly before he plans to begin construction to arrange a setback
measurement which will be effective for sixty (60) days barring a major shoreline
change. Construction must begin within sixty (60) days of the determination or the
measurement is void and must be redone.
- The local government should advise as to the project's consistency with local building
height and or density requirements.

uILPTHGTLrfJ FtGIONAL OF F�.:910-3150-2004
"-'Mate of North Carolina
' L�eNarrtment of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James 13. Hunt, Jr., Governor
Jonathan B. Hewes, Seoetar;
Roger N. Schecter, Director
August 9, 1996
NIENIORANDUM:
::ep z '96 9:52 F.01
�EHNR
1:F(j Zoe D. Bruner, District planner
Division of Coastal blanaYemettt�_—___�__
U FItCP.G1:T John R. Parker
SUBJECT
Applicant:
Project Location
Proposed Project
Major Permits Proccssrtrg Coordinator
C.A1v1.A bREDUE & 1-'fI.L I'e:lnit Application Review
Z p&5eS
----------------
ealt:. IClcean Point Condominium Phase lI
ra
6; Ocean Isle Bled West, Ocean Tale Beach, Brunswick Co
The construction of a nine (9) store. 75 unir hiahrise condominium and accessory
larking and araenities.
Please indicate below yow offic:e's position or viewpoint on tha proposed project and return this form
by Sept 2. 1996. If you have any questions regarding the proposed project, please contact Ed Brooks
at 9101395-3900. When appropriate, in-depth comments with supporting data is requested.
REPLY: This affice has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached ccmunents.
SIGNED,'//lam' —DATEA > a -- ---- - �
v
127 cardinal Drive Extension, Wilmington, N.O_ 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

IJIU,II dGTOH FEGiOPaRL OF 7 _ _ _ -
•
MEMORANDUM
TO- John R. Parker: Major Permits Processing Coordinator
cc Preston Pate; C,R.,Stroud, Jr.; E.F. Brooks
FROM: Zoe O. Bruner, DCM District Planner
SUBJECT: CAMAJDREDGE & FILL Permit Application Review: Ocean Isle Beach
Ocean Point Cundominium-Phase II
DATE: September 3, 1996
This permit consistency opinion is based on my review of the Ocean Isle Reality Ltd. permit
appl cation, the Field Investigation Report (EF Brooks, B.9,96;, and my understanding and
interpretation of the policies presented in the Town of Ocean Isle Beach. CAMA Land Use Plan.
The proposed project is a fifteen story. 75 unit high-rise condomin'um and accessory parking and
amenities. The density is 31 units per acre
The Iecation and complete description of the project are in the Field Investigation Report.
LAND USE CLASSIFICATION: AEC Conservation/Urban
CONSISTENCY OPINION:
The Town of Ocean Isle Beach takes pride in its reputation as a "family oriented" beach. The Land
Use Plan recognizes that the primary land use of the island is residential development. Single family
dwellings, duplex/multi-family units and high rise developments are allowed uses.
The Town supports enforcement of State and federal regulations which protect natural resources
and water quality.
The Land Use Plan recognizes the vulnerability of the Ocean Erodible area and a High Hazard Flood
area and the Town supports both sound building practices and CAMA regulations which govern
construction.
The Town has recently adopted a height limitation to its zoning ordinance
The construction of a second high rise tower of 15 floors will be consistent with the Land Use Plan
when a!I state agency comments have been considered; when all conditions placed on this
application by the Division are met, when the project is fully consistent with local zoning ordinance,
building codes and other applicable regulations, and when the AEC HAZARD NOTICE which is
attached to the application accompanies all deeds. The following statement is part of this notice:
Hard erosion control structures such as bulkheads,
seawall, revetraents, groins, jetties and breakwaters
are prohibited.

'State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
August 19, 1996
MEMORANDUM
TO: Mr. Charles R. Fullwood, Jr., Director
Wildlife Resources Commission
Attn: Habitat Conservation Program
FROM: John Parker, Jr.
Major Permits Processing Coordinator
1DEHNFR
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Ocean Point Condominiums —Phase II, (Ocean Isle Realty, Ltd.)
PROJECT LOCATION: 63 Ocean Isle Blvd. West, Ocean Isle Beach, Brunswick Co.
PROPOSED PROJECT: To construct a fifteen (15) story, 75 unit, highrise condo, etc.
Please indic to elow your agency's position or viewpoint on the proposed and return this form by
Septemberr11 i446. If you have any questions regarding the proposed project, please contact John Parker
at 733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
_✓ This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This a ency objects to the project for reasons described in the attached comments.
Signed Date
/ s
P.O. Box 27687, N�FAX 9Affirm-tiv r
Raleigh, North Carolina 27611-7687 1 a r An Equal Opportunity/Affirmative
Voice 919-733-2293 50% recycled/10% post -consumer

® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27611, 919-733-3391
Charles R. Fullwood, Executive Director
TO: John Parker, Jr.
Major Permits Processing
FROM: Bennett Wynne A
Habitat Conservation Program
DATE: September 12, 1996
SUBJECT: CAMA/Dredge and Fill Permit Application for Ocean
Point Condominiums --Phase II (Ocean Isle Realty,
Ltd.), 63 Ocean Isle Blvd. West, Ocean Isle Beach,
Brunswick County, North Carolina.
The Wildlife Resources Commission has reviewed the
project for impacts to wildlife and fishery resources. A
site visit was made on September 10, 1996. Our comments are
provided in accordance with provisions of the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661 et. seq.) and the Coastal Area Management Act
(G.S. 113A-100 through 113A-128).
The applicant proposes to construct a 15 story, 75 unit
condominium structure on the ocean near the west end of
Ocean Isle Beach. This structure would complete a
condominium project initiated in 1987. The structure would
be on high ground that has been mowed and maintained in
readiness for eventual construction. Ocean waters at the
site are classified SB. Project documents give no water
quality classification for soundside waters. We suspect
that some soundside waters in the vicinity have been
designated Primary Nursery Area.
The -primary adverse impact we anticipate from the
project is elevated stormwater runoff into sensitive
estuarine waters. The island is very narrow in the project

' area and it appears the proposed construction would cause a
significant increase in impervious area. We question the
stormwater filtration and retention capabilities of,
subsurface infiltration structures under the parking lot and
suggest that part of the parking area be used as a
stormwater retention pond instead.
Thank you for the opportunity to comment on this
project. If you need to discuss these comments or need
additional assistance, please call me at [phone].
cc: s:\boatfish\habcon\coast\d4 (oceanpt.doc)

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
N. Schecter, Director
2ANDUM
1
1, •:
V. H N
August 19,1v „
I c:
DIV OF ENV ME47AC +EA! THN T`
TO: Ms. Linda Sewall, Director NLz
Division of Environmental Health
FROM: John Parker, Jr. DIV• OF ENVIRONMENTAL HEALT
Major Permits Processing Coordinator
CD
SUBJECT: CAMA/DREDGE & FILL Permit Application Review OCI-.1 Q
LasfA1 9g6
APPLICANT: Ocean Point Condominiums -Phase H, (Ocean Isle Realty, Lt AA" �dAGEga�CNr
PROJECT LOCATION: 63 Ocean Isle Blvd. West, Ocean Isle Beach, Brunswick Co.;
PROPOSED PROJECT: To construct a fifteen (15) story, 75 unit, highrise condo, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
Se `tembic9 �j406I'Nyou have any questions regarding the proposed project, please contact John Parker
at 733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
f This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
Signed�XXP Gp /i//�U J Date
4 ' /�l
P.O. Box 27687, �F 9-733-14
Raleigh, North Carolina 27611-7687 Ntw; C An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 ! ? 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
August 21, 1996
TO: P. A. "Ski" Wojciechowski
Division of Marine Fisheries
FROM: John Parker
Major Permits Processing Coordinator
/, •
WA
Aftow-di .
IDEHNFR
fl
AUG z
DMF•PUB. TR./SUBLANDS
SUBJECT: CAMA/Dredge and Fill Permit Application Review r
APPLICANT: Ocean Point Condominium -Phase H/Ocean Isle Realty,
PROJECT LOCATION: 63 Ocean Isle Blvd. West, Ocean Isle Beach, Brunswick Co.
PROPOSED PROJECT: To construct a fifteen (15) story, 75 unit, highrise condo, etc.
Please indicate below your agency's position or findings on the proposed project as it relates
to matters of public trust. If you have any questions regarding the proposed project, contact John
Parker at 733-2293 or the DCM field representative for the project. This form should be used only
for tracking and intra-agency commenting.
REPLY There are no known public trust conflicts with the project location or design.
Signed
There appear to be public trust conflicts that require additional investigation.
Appro ately _ days additional review time is needed.
\J �/ It/is recommended that changes be made to the project to reduce or eliminate
public trust conflicts, as discussed in the attached memo.
-/W /JEiFU GodF2J LoTI 22i i 2yi yfd a( �ci€�- �rcE wtl -
'Th< /4,*7X sudk�rT.t'e oesr.+io t�.fa1�/sue ws/�s? coTr c� �/is
Date
c�s,Fa O� 7?V/J Pizo7GI�T /yam ro * carp-
/1 r0 7%f£ S/i'o [O ?OC.+7/!y
P.O. Box 27687, 7`y� FAX [phone]
� C An Equal Opportunity/Afflmiative Action Employer
Raleigh, North Carolina 27611-7687 N r
Voice 919-733-22950% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health, and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
MEMORANDUM
A"*
�
I--:) FE F=1
11 September 1996
TO: John R. Parker, Jr.
DCM Major Permits Processing Coordinator
FROM: P.A. Wojciechowski
.044
SUBJECT: DREDGE AND FILL PERMIT
Ocean Isle Realty/Ocean Point Condominium Phase II
Attached is the Division's reply for the above referenced project. If you have any
questions, please don't hesitate to contact me.
PAW/bc
t �
QCEIV D
SEP 13 1996
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

'Statb of Notth Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
August 9, 1996
Mr. Bruce Freeman, Director
Division. of Marine Fisheries
A0"V
r4jiej
C)FEE HNR
John R. Parker
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Ocean Isle Realty/Ocean Point Condominium Phase II
63 Ocean Isle Blvd West, Ocean Isle Beach, Brunswick Co
Proposed Project: The construction of a nine (9) story, 75 unit highrise condominium and accessory
parking and amenities.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by Sept 2, 1996. If you have any questions regarding the proposed project, please contact Ed Brooks
at extension 247. When appropriate, in-depth comments with supporting data is requested.
REPLY: /This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
DATE 0 - )-b -C1�
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
August 9, 1996
Mr. Charles Gardner, Director
Division of Land Resources
1�
I�EHNF�
John R. Parker
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Ocean Isle Realty/Ocean Point Condominium Phase II
63 Ocean Isle Blvd West, Ocean Isle Beach, Brunswick Co
Proposed Project: The construction of a nine (9) story, 75 unit highrise condominium and accessory
parking and amenities.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by Sept 2, 1996. If you have any questions regarding the proposed project, please contact Ed Brooks
at extension 247. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
SEt> Mt (srr,> J C2otrou Cet1TPoL /'cA.J AlaPc✓AL M�1sr $E OBTAitlEb qev THE OGc4A) /rz 8rAI [oEAC Ptoaq/
This agency objects to the project for reasons described in the attached comments.
05 AUG 201996
CUASIAL
� MpNpGEMENT
SIGNED \ DATE / d 06Z 16 l9 9 5
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

d
�JC DEM 1,0 EM CI Fa:x:919-733-9959 Oct 30 '96 10:01 P.02/05---
Division of Water Quality
October 30, 1996
MF MQUANDLIM
To: John Parker, DCM
From: John Domey, DW6"
Re: Water Quality continents
Ocean Isle Realty/Ocean Point Condominium -Phase 11
DWQ #960846
Brunswick County
The Division of Water Quality has reviewed the above mentioned project and has no
objections to the issuance of a LAMA Permit. Please call me at 733-1786 if you have any
questions.
cc: Wilmington DWQ Regional Office
Central Files
Environmental Sciences Brandt Water Quality Sectior

IIILMIMGTON REGIONPL OF Fax:910`0-'2104 Oct SIB
Vag. A•
State of North Carolina
Department of Etiviron-Inent, Health, and Natural
WdmiigtoaRegional UBice
!amen B. Hunt. Jr. DIVISION OF WATER QUALITY
ciuvenlul WATF..R QUATTrY SFCTTON
August 12. 19� t,
NIr De( argil w ilk,unsun
Ocean Isle Realty. Ltd.
2 Causeway Drive
Ocean Isle Beach, North Carolina 2946Q
49 P . 02
Resources
9. Howes
S;rntary
Subject. Oce:al Point +:or.a; Immul:: plimt lI
Dear Mr. Wiliwnison
The W:imingtun Regi„nal Ol!i,:e received fwal ,t t::i t.et itdormaut o f:r (heati P:!nr Condutrinium
Phase II on August 9, 1996. Staff re, few of the plats a:.c specaic oius: !.:L� de ttrl: iu-t [' ' '':t- ,le'-1,1ptnent
activiiiee pr:,posed :. j-%vioius y permitted under ii t ARIA N,a}ar u_rinl: C ,ra.. l ❑• : 1:, ,- "::eat to 't
surface water gtialiry tiow, ODUPwater runof _ 1-he Direr_.a hat dettmr-Ined Lb- pr;me —• Uili are res't-wed and
anptoseo i,% it a t?icier I; me nut trsuip a "at i :;;:a!itj ;scat irom --N Stur ::a�tei lun. rt .h -:�L ;r , .'_j.-t to the
;tt rtnwater nianag en� I perni,rin� to .tt'lt:ci^` t ! %LAC 211-l0 - W, C,j , _':U [1.i:. +C .'SC in!t rming
you hat }°; ur protect ail; not requif^ , stormsater management permit.
_ Plcast; keep lli ralild [flat this determminon. dons -ioz re!ieve you or your iega' re:.hansihu:r w ottain other
permits xllich may be required by Vie ViPab:.'i' Lti;1'cr (emu,/ Py. Ihr UIVUiVn vi 1 Ulv; 12;>q';;,:r: 1 ,,;1,tr1.4rM,
Rfanerenient Act, Federal State. or Local Go•,etmnent.. In addition, any future nu.;!-.Jth,n, o t:`a: Froject will
require it!rN"tw from thi. (Hi;:'r t.- -:N-ure thsl t.-im^ ;der imli.iL't are Tit I W i%s,e
If you have any CIUesi!?tC, or neA %ltalilW'tai in!l:rin-i, on cnftCErain This ni itler pleas, .'.)nrac. his. Linda
Lewis it 0101 395-3900.
S mtxre!%.
Dave Adkins
Water OLality Super inoi
DA-art: S:''.WQSSTOPNINVAI1_.1%IA'f)IBCONDO.AUG
LL Ed Brooks. 1N'AI
Pe:and: �'<:,�i., 82uft%W1L. Ar J;IIJ IiaPu.l:.Jm•
cast C...r.1E:ugmee:iu{
Wilinwgt.irt ReSivual nfFte
Central Files
i:/ lA'Ltlnl ilrl,M tCr.n10T., wc, one na, h :.. L✓`JG: ]!a] � =�Mn..vt YiV-11J-:YW � rta YIV-iJV-.lNY i
A,. Fqu.1 OPPm .cWi Afhtnpti}a ACT �,n Lwr : -r

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
August 19, 1996
MEMORANDUM
TO: Ms. Renee Gledhill -Early
Environmental Review Coordinator
Division of Archives and History
FROM: John Parker, Jr.
Major Permits Processing Coordinator
0011,
EDEHNFR
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Ocean Point Condominiums —Phase II, (Ocean Isle Realty, Ltd.)
PROJECT LOCATION: 63 Ocean Isle Blvd. West, Ocean Isle Beach, Brunswick Co.
PROPOSED PROJECT: To construct a fifteen (15) story, 75 unit, highrise condo, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 9,1996. If you have any questions regarding the proposed project, please contact John Parker
at 733-2293 when appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
Signed Date Q
SEP2C0/19U
cc MAdw No1,SfAL B
AGtfZNT
P.O. Box 27687, N7`� FAX [phone]
Raleigh, North Carolina 27611-7687 1, An Equal OpporTunity/AHirmative A ' er
Voice919-733-2293 50%recycled/ 10%post-consumer paper

State of North Carolina
Qepartment of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
August 9, 1996
MEMORANDUM:
TO: Mr. William A. McNeil, Director
Division of Community Assistance
Q��
C)FEE HNR
FROM: John R. Parker
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Ocean Isle Realty/Ocean Point Condominium Phase II
Project Location: 63 Ocean Isle Blvd West, Ocean Isle Beach, Brunswick Co
Proposed Project: The construction of a m / story, 75 unit highrise condominium and accessory
parking and ame ' es.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by Sept. 2, 1996. If you have any questions regarding the proposed project, please contact Ed Brooks
at extension 247. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agemy has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
NIL)
SIGNED DATE L7
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
August 19, 1996
MEMORANDUM
TO: Mr. John Sutherland, Chief
Water Planning Section
Division of Water Resources
FROM: John Parker, Jr.
Major Permits Processing Coordinator
�r
IDEHNR
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Ocean Point Condominiums --Phase II, (Ocean Isle Realty, Ltd.)
PROJECT LOCATION: 63 Ocean Isle Blvd. West, Ocean Isle Beach, Brunswick Co.
PROPOSED PROJECT: To construct a fifteen (15) story, 75 unit, highrise condo, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by September 9, 1996. If you have any questions regarding the proposed project„please contact John
Parker at 733-2293. When appropriate, in-depth comments with supporting; *-,,Art -ir!eTips.tpd.
400
REPLY X This agency has no objection to the project as
This agency has no comment on the proposed
This agency approves of the project, only if the
incorporated. See attached.
are
This agency objects to the project for reasons described in the attached comments.
Signed i a Date Z3�1 i
P.O. Box 27687, 1Ay� FAX [phone]
Raleigh, North Carolina 27611-7687 Nr� C An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

ML
State of North Carolina
Department of Env!
ronment,
Health and of Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO:
FROM:
SUBJECT:
APPLICANT:
August 19, 1996
Mr. Joe Henderson, Acting Director
State Property Office
Department of Administration
John Parker, Jr.
Major Permits Processing Coordinator
ArT4m:'
IDEHNFR
22
AU61996 �co1
a Received
State
` o 1
,art, n�•�: w I
/
o`s8tssv£Z
CAMA/DREDGE & FILL Permit Application Review
Ocean Point Condominiums --Phase II, (Ocean Isle Realty,
PROJECT LOCATION: 63 Ocean Isle Blvd. West, Ocean Isle Beach, Brunswick Co.
4UG .2�7,199J
ceasrAi9®8
IWVAOfNfNr
PROPOSED PROJECT: To construct a fifteen (15) story, 75 unit, highrise condo, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by September 9, 1996. If you have any questions regarding the proposed project, please contact John
Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
Signe Date
4c2_
P.O. Box 27687, FAX [phone]
Nt"
Raleigh, North Carolina 27611-7687 � An Equal Opportunity/AfflrmatNe Action Employer
Voice 919-733-2293 ra!727!+4�!*1r! 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and of Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
ff0
FROM:
SUBJECT:
August 19, 1996
Mr. Larry R. Goode, Phd., P.E.
Highway Administrator
Division of Highways
John Parker, Jr.
Major Permits Processing Coordinator
A o", i
[DEHNFR
CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Ocean Point Condominiums --Phase II, (Ocean Isle Realty, Ltd.)
PROJECT LOCATION: 63 Ocean Isle Blvd. West, Ocean Isle Beach, Brunswick Co.
PROPOSED PROJECT: To construct a fiften (15) story, 75 unit, highrise condo, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by September 9, 1996. If you have any questions regarding the proposed project, please contact John
Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested.
p 11 1,
REPLY This agency has no objection to the project as proposed. SF� it,
y This agency has no comment on the proposed project.ME� 96
l
This agency approves of the project, only if the recomme changes
incorporated. See attached.
,%This ag y o jec to the project for reasons described in the attached comments.
Signed C/ - Date 1 /7,4:�
P.O. Box 27687, N,wm`An Equal OpportFAX 919-733-1495
Raleigh, North Carolina 27611-7687 unity/Affirmative Action Employer
Voice 919-733-2293 r7+ rr4+f 50% recycled/10% post -consumer paper

State of Nurth Carolina
pepartment of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
August 9, 1996
T. D. Roberson, LPO
Town of Ocean Isle Beach
C) FEE HNF1
John R. Parker
Major Permits Processing Coordinator
AUG 16 1996 J
DIVISION OF
COASTAL MANAGEMENT
CAMA/DREDGE & FILL Permit Application Review
Ocean Isle Realty/Ocean Point Condominium Phase II
63 Ocean Isle Blvd West, Ocean Isle Beach, Brunswick Co
The construction of a nine (9) story, 75 unit highrise condominium and accessory
parking and amenities.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by Sept 2, 1996. If you have any questions regarding the proposed project, please contact Ed Brooks
at 910/395-3900. When appropriate, in-depth comments with supporting�data is requested.
REPLY:.,. 4 This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
C,E�IVEO
AUG 20 1996
CUASfAL
MANAGEMENT
DATE
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax
An Equal Opportunity Affirmative Action Employer

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Ocean Isle Realty, Ltd./Ocean Point Condominium -Phase II
2. LOCATION OF PROJECT SITE: 63 Ocean Isle Blvd. West, Ocean Isle Beach
Photo Index - 1995: 1-6 P,Q 5,6 1989: 193-10 N,O 4 1984: 7-58 C,D
5,6
State Plane Coordinates - X: 2166300 Y: 49550
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5/14/96 8/6/96
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - 7/30/96
Office - Wilmington
6. SITE DESCRIPTION: nEPOsrITON
(A) Local Land Use Plan - Ocean Isle Beach I l TT
Land Classification From LUP - Urban Transition
(B) AEC(s) Involved: OH
(C) Water Dependent: No
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - Municipal sewer
Planned - Same
(F) Type of Structures: Existing - Highrise Condominium - Phase I
Planned - Highrise Condominium - Phase II
(G) Estimated Annual Rate of Erosion: 2 ft./yr.
Source - LTAAER (1986) pg.1 of 14
7. HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
(C) Other-
Highgound disturbance
51850 sq.ft.
(D) Total Area Disturbed: 51,850 sq.ft.
(E) Primary Nursery Area: N/A
(F) Water Classification: SB Open: N/A
8. PROJECT SUMMARY: The applicant proposes to construct a fifteen (15) story, 75 unit,
highrise condominium, and accessory parking and amenities.

Ocean Isle Realty, Ltd./Ocean Point Condominium -Phase H
Page 2
9. PROJECT DESCRIPTION
The proposed project site is located at 63 Ocean Isle West Blvd., on the west end of Ocean Isle Beach,
in Brunswick County, North Carolina. The 2.4 acre, oceanfront site was originally part of a
condominium project, that was partially constructed in 1987. The original project included two, fifteen -
story buildings, each housing 75 condominium units, separated by a three-story management center, as
well as, parking and swimming pool areas. The applicant reports that due to economic conditions at
that time, only the west highrise tower was completed. He now wishes to construct the east tower and
complete the project. The project site is approximately 250 feet wide, along Ocean Isle West Blvd., and
approximately 421 feet deep to the vegetation line on the oceanfront side (south) of the property. The
proposed building area was evidently prepared during the initial construction, as the area is essentially
level with the adjacent built=upon area. It is grassed and kept mowed. There are two distinct dune
systems on the oceanfront side (south) of the property .The most landward dune system reaches heights
of 20 feet mean sea level. The frontal dune system was constructed in 1989, after hurricane Hugo, and
stabilized with American Beachgrass (Ammophila brebili ug lata). During the past seven years, the dune
system has continued to build naturally, in height and width, and natural dune plant species have re-
colonized its vegetation, including: Sea Oats, (Uniola paniculata), Bitter Panecum anecum spp.),
yucca, and Dune Elder (Iva imbricata).
The waters of the Atlantic Ocean are classified SB, by the N.C. Division of Environmental
Management. The tract is within the Ocean Erodible and High Hazard Flood areas of the Ocean Hazard
Area of Environmental Concern, as designated by the North Carolina Coastal Resources Commission.
The Long Term Average Annual Erosion Rate is 2 ft./yr. in this area of Ocean Isle Beach (LTAAER
1986, pg. 1 of 14). The large structure building setback is 120 feet from the first line of natural stable
vegetation . The proposed structures would be located 164 from the vegetation line, barring no
significant shoreline changes.
The applicant proposes no changes from the original project design. The footprint of the fifteen -story
building would be 200 feet by 65 feet, varying between 11 and 15 floors across the length of the
building. The remainder of the area, north and east of the building, would consist of asphalt parking
(181 spaces). Stormwater infiltration structures are proposed subsurface, beneath the parking lot.
10. ANTICIPATED IMPACTS
The proposed project would create approximately 51,850 square feet of ground disturbance, and
subsequent impervious surface.
Submitted by: E.F. Brooks Date: 8/9/96 Office: Wilmington

Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
nCRAM TgT.F RRArTt
1. APPLICANT
a. Landowner:
Name OCIW- ISLE 'REALITY LTD,
Address P• 0. BOX 5070
City ncy.& T TSLF. RF.AC'TT State _mr!
c. Street address or secondary road number
63 OCEAN ISLE WEST BLVI3.
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
, creek, sound, bay) ATLANTIC OCEAN
Zip 28469 Day Phone lO
Jr J3 LL.S 1i. � I
- 3. DESCRIPTION AND PLANNED USE
Fax [phone] I! it
b. Authorized Agent:
JUL 16 1Q96QE�ROPOSED PROJECT
DIVISIOIN OF
Name EAST COAST ENGINEERING PM0,6STAkL MANA8EN4 iVl development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Address P.O. BOX 2869HIGH RISE CONDOMINIUM - TOWER II
City g1l4 T TZ -State _ C,—
Zip 28459 Day Phone [phone]
• .%
c. Project name (if any) OCEAN POINT CONDOMINIUM
PHASE II
NOTE. Pernot will be issaed in name of landow (s), axUor
project rb . ..... .
2. LOCATION OF PROPOSED
1; PROJECT - airy ;3
a. . County BRUNSWICK
b. Is the proposed activity maintenance of an existing
project, new work, or both? TOWER 2 OF 2
c. Will the )p��aJ ect be for public� pp�rivate or commercial
use? PRIVATELY OWNED CONDMIUM UNITS
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. RFTNFnRcRn CONC.RF.CF On
9TFE1. CONDMINIUM UNITS — SAME
CONSTRUCTION AS EXISTING TOWER I.
Revised 0319S

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 9-4 Ar. (P9a47. 7)
b. Size of individual lot(s) N/A
c. Approximate elevation of tract above MHW or
NWL P_Mcr
d. Soil type(s) and texture(s) of tract
BEAGI SAND — N13EW FR E
e. Vegetation on tract
f. Man-made features now on tract AYNF:
Tmq rgJ I�
g. What is the CAMA Land Use land
classification of the site? ( ,sub Me mint e pW L 16
m. DescfiM eCFlst_ink ISLEwat�er =1PAAfacilities.
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) SLIRFN.Z _
RTIT$7 rTNPATNM MT ST'fR
o. Describe II Nexisting drinking water supply source.
P Di TCT L`. VC494 T. .1RCD
INFORMATION
i to the completed application form, the
items must be submitted:
Conservation TransitionalDIVISION OF
X_ Developed Comte TAL MANASWk5kTof the deed (with state application only) or
Rural Other other instrument under which the applicant claims title
to the affected properties. If the applicant is not
h. How is the tract zoned by local government? claiming to be the owner of said property, then
C-1 forward.a copy of the deed or other instrument under
which the owner claims title, plus written permission
Is theo o ed ro'ect consistent with the livable from the owner to carry out the project.
i-
pr p s_ p J app
zoning? . X' Yes No
(Mach zoning compliance wrdfim , ifappti—bte)
Has a professional
done for the tract?
If yes, by whom?.
archaeological assessment been
Yes X No
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
1. Are there wetlands on the site? _ Yes X No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Aaach docunrnmrion, if ammtabte)
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Aimy Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it, must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03195

Form DdM-►�-1
site. Include highway or secondary road (SR)
numbe}s. landmarks. and the like.
• A Stormwater Certification, If one is necessary.
• A list of the names and cornplefe, addresses of the
adjacent waterfront (riparian) landownen and
signed return rvcdpts as proof that such owners
have Medved a copy of the application and plats
by carolled mail. Such landowners must be advised
that they have 30 days in which to subunit comments
on the proposed project to the Division of Coastal
Management. Upon lignfng this form, the applicant
hmher cartiAes that such notice has been provided.
Phone CM WS-OKIS
-0CFM F=F v .W.ASSOUAW
Phone (EMI Ma==1
6. CERTIFICATION AND PERMISSII
TO ENTER ON LAND
I understand that any permit Luued In response to
application will allow only the development describe.
the application. The project will be subject to condid
and restrictions contained in the permit.
I certify that to the beat of my knowledge, the propo
activity complies with the State of North Carolit
epproved Coastal Management Program and will
cooductad in a maaaar consistent with such program
I rscsify that I am authorizod to gram. and do in E
grant permission to representatives of state and fed,
review ageoeles to carat an the aforementioned lands
connection with evaluating information related to
permit application gad fbilow-up monitoring of
project.
fy that
Name � To � �ppli 'o thful
PhonAddre
l�Phone l �''pp
• A list of previous state or rederaI permits issued for UL 1 �h xlte day
worst nth the project tract. Include permit numberRIVISI('����F
permittke, and issuing dates. COASTAL Maewu
• A diack for U50 made payable to the Deparnnem of
Eavirosment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects In
oc aohoot and inlet seas.
• A statanent • of eoripaance with the N.C.
Farv)ronmeetal Poky Ass (N.C.GS. 113A - I to
101 If tpe project Involves the expenditure of public
funds , or. usa of public lands, attach a ttatem�t
daeumachthhg compliance with the North Caroliax
I;nvimgmou a) Policy Act
Raviud ON
or
the information provided in
to the beat of my knowledge.
sow
1926.
Pleas I$diats anarhments pertaining to your propoi
project.
—. DCM MP-2
Excavation cod F01 lef madon
Y DCM MP-3
Upland Devdopmem
_ DCM MP-4
Structures Infornudon
DCM MEP-5
Bridges and Culverts
_ DCM MP-6
Maeina Development
N07E Pleare rign and dare each amzchrnent in t
space provided at the hartom of each firm.

Form DC-4MP-3
UPLAND � JUL"'
DEVELOPMMN�� �
�_
JUL 16 1996
DIVISION of
(Constructibn and/or hnd disturbing activities) COASTAL MANAGEMENT
Attach this form to Joint Application for LAMA Major
Permit, Forth DCM-MP-1. Be sure to complete all
other seaiods of the Joint Application that relate to this
proposed project.
a. Type and number of buildings, facilities, units or
structurts proposed 1 7S nvtT aatn+tnmN msn _
Iran .Tt
b. Numbee of lots or parcels RE022 ED M I FARM
c. Density give the number of residential units and the
units per acre) I; IrrrT; QQ I 4M!-Z
- 31-YI tlJPLS/
d. Size d area to be graded, fUled or disturbed
includittg roads, ditches, etc.
QMM ,an, maarz tnvtr
e. If the proposed project will disturb more than one
acre of land, the Division of Ladd Resources mm
receive do erosion and sedimentation cotmol plan at
lent 30 lays before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? Yes R No WRL H8
It yes, gate submitted
f. List tb als (such as marl, paver stone,
asphalt. it coacrete) to be used for paved surfaces.
SET All, HE= 1n' '7TRIQ J7WR
g. Give thi percentatie of the tract within 75 feet of
MHW or NWL, or within 575 feet is the case of an
Outstanding Resource Water. to be covered by
impervious and/err built -upon surfaces, sad as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking.
RBM M" 75, F" 95L(]lA0 SEEJ IIiE
Rev4d OR"
h. Projects that require a CAMA Major Development
Permit may also require a Stormwater Certificstioa.
Has a site development plan been submitted to the
Division of Environmental Management for review?
Y_ Yes No
If yes, date submitted I
J. Have the facilities described in Item i. above
received state or local approval? vice
(Amd 4",W t. 6oauwawmnaw) yJ=JIN 1W ID=
k. Describe location and type of proposed dim -barges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial/commercial effluent,
'wash down' and residsmW disch�aaar es).
SMACF. =XFF a2C'AM Cl g
1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
vwm ex-tsN
ne. Will want be impounded?
If yes, bow many acres? _
Yes _L_ No
IL If the project is a oceanfront development, when
was the lot(a) placed and recacded7 gyp nmi=n tar

S ! 1 E GocAf �J
M ,+Io
J O
JUL 16 1996
DIVISION OF
COASTAL MANAGEMENT

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
W ILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTM OF August 26, 1996
Regulatory Branch
Action ID No. 199605505
Ms. LaDane Williamson
Mr. DeCarol Williamson
Ocean Isle Realty, Ltd.
Post Office Box 5070
Ocean Isle Beach, North Carolina 28469
Dear Mr. and Ms. Williamson:
DEPOSITION
EXHIBIT
Through coordination with the North Carolina Division of Coastal
Management, we have learned of your request for authorization to complete
Phase 2 of the Ocean Point Condominium, adjacent to the Atlantic Ocean, in
Ocean Isle Beach, Brunswick County, North Carolina.
Our review of your application reveals that no waters or wetlands will
be impacted as a result of your project. Therefore, we have determined that
no Department of the Army authorization is required for this activity as
proposed.
Please be advised that this does not relieve you of the necessity of
obtaining all required State and Local authorization.
Thank you for your cooperation with our regulatory program. Should your
plans change to involve impacts to wetlands, or should you have any questions
concerning this matter, please contact the undersigned at telephone (910) 251-
4636.
Sincerely,
Jeffrey H. Richter
Project Manager
Wilmington Regulatory Field Office
Copies Furnished:
11
/Mr.
John Parker
Coastal Management
RfcE�VEp
Division of
AUst
North Carolina Department of
�81996
Environment, Health and
UASIAL
Natural ResourcesAGENENT
Post Office Box 27687
Raleigh, North Carolina 27611-7687
9 �
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845

Division of Coastal Management
Application Processing Notes
11,�,JyeI7
N
Applicant: 0 c e e,n P /t Re a /ty 1 GCeun Pt. 6y& 5
Deadline:
Date/Time: Message:
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fS e4re proovey�/
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cans,s�.,i
to—tq-9G seW r.6Sve .9f--GC4
who s,,;of
oppe..n f Ir-/
whe, J
Perms,
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Division of Coastal Management
Application Processing Notes /
Applicant: Ocean 7s le ReF 0/ 10cehr Pt ro. ✓o, 7
Deadline:
10 - f3' 96
Date/Time: Message:
fReuipW
y-lo- W Rev Pv/
� e u - tow. Nok fIcPJ . Proo. OW17er
Concel.�-S
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•
State of North Caroli
Department of Envirvt it i lent,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
CERTIFIED MAIL
Return Receipt Reouested
Ocean Isle Reality, LTD
P.O. Box 5070
Ocean Isle Beach, NC 28469
Dear Sirs:
November 4, 1996
A
7)A�
E)EHNFR
DEPOSITION
EXHIBIT
iq
This letter is in response to your application under the Coastal Area Management Act
(CANIA) to construct a fifteen story, 75 unit high-rise condominium complex. known as Ocean
Point Condominiums - Phase II. on a 2.41 acre tract located at 63 Ocean Isle Boulevard West,
Ocean Isle Beach. Processing of your application, which was accepted as complete by the
Division of Coastal Management's Wilmington regional office on July 30, 1996, and for which
notice of extended review was given on October 14. 1996. has progressed to a point where the
following determination can be provided on the proposed project.
During the course of the joint state and Federal review, the Division of Coastal
Management has made the following findines:
1) The entire development is determined to be located within the Inlet Hazard Area of
Environmental Concern (AEC), as defined in T15A:07H.0304(3).
=) The lots upon which the condominium complex is proposed were originally recorded
with the Brunswick County Register of Deeds on August 31, 1981. Therefore. the
proposed project has been found to be inconsistent with T 15A:07H.0110(a)(2), which
states that within Inlet Hazard AEC's "Permanent structures shall be permitted at a
density of no more than one commercial or residential unit per 15.000 square feet of land
area on lots subdivided or created after July 23. 1981 ".
3) The proposed project has been determined to be inconsistent with Tt5A:07H.0310(a)(3),
which states that within Inlet Hazard AEC's "Only residential structures of four units or
Jess or non-residential structures of less than 5,000 square feet total floor area shall be
allowed within the inlet hazard area, except that access roads to those areas and
maintenance and replacement of existing bridges shall be allowed".
Given the preceding findings, it is necessary that your request for a permit under the state
Coastal .area Management Act be denied. This finding is made pursuant to N.C.G.S. 113A-
• P.O. Box 276117, Ni4* C FAX [phone]
Raleigh. North Carolina 27611.7687 r An Equal Opportunity/Affirmative Action Employer
Voice 919-733.2293 50%recycled/10`%, post -consumer paper
JAN 21 '97 15:48 9105794241 PAGE.013

Yn ui ntHGH KERLIY 1NU. 9105794241 P.14
/
•
•
120(a)(8), which requires permit denial for projects inconsistent with the state guidelines for
Areas of Environmental Concern or the local land -use plan.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to evidence and arguments of both
parties and then makes a recommendation to the Coastal Resources Commission. Your request
for tt hearing must be in the form of a written petition, complying with the requirements of
§ 150B of the General Statutes of North Carolina, and must be filed with the office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447, [phone], within
twenty (20) days of this decision on your permit application. A copy of this petition should be
filed with this office.
Also, you should be advised that as long as this state permit denial stands, your project
must be deemed inconsistent with the N.C. Coastal Management Act Program, thereby
precluding the issuance of Federal permits for this project. The Federal Coastal Zone
Management Act (CZIVIA) gives the right to appeal this finding to the U.S. Secretary of
Commerce within.thirty (30) days of receipt of this letter. Your appeal must be based on the
,zrounds that the proposed activity is (1) consistent with the objectives or purposes of the CZMA,
or (2) is necessary in the interest of national security, and thus. may be federally approved.
If you have any questions concerning this matter, please contact NIr. John Parker at (91.9)
733-=293. P.O. Box 27687, Raleigh. NC 27611.
Sincerely,
Ro- Schecter
Director
RSAIvh
cc: 'vIr. Jeffery Benoit. Director
OCR_�vUNOAA
Silver Spring, MD
Lieutenant Colonel Terry R. Youngbluth
C.S. Army Corps of Engineers
Niiminaron, NC
JAN 21 ' 97 15:49
9105794241 PAGE.014

vv
s �—
'' DeQrol UAI iamson Enterprises
DeCarol Williamson
October 10, 1996
Mr. Ed Brooks
State of North Carolina
Dept of Enviromnent,Health,and Natural Resources
127 Cardinal Drive Extension
Wilmington, N.C. 28405
RE: Major Cama Application for Ocean Point Tower II
Dear Ed:
We learned that there was some concern about the site for tower II being in an inlet hazard area.
Please see the enclosed letter from the Town of Ocean Isle Beach dated May 15, 1985. Rob
Moul personally inspected the site with Durid Roberson and it was determined that the sites were
not in an hazard area.
I hope that this letter will clear the issue. If you should have any further questions, please feel
free to contact me. I will try to assist in any way I can.
Sincerel ,
Q
Howaz
eneral Manager
encl.
DEPOSITION
EXHIBIT
�S
6C1>r.
, OCEAN ISLE BEACH, NORTH CAROLINA 9

DEPOSITION
EXHMrr
14
ROUTE 2, BOX"
OCEAN ISLE BEACH, NC 28459
May 15, 1985
Ocean Isle Resort
Route 6, Box 400-1
Ocean Isle Beach, NC 28459
Subject: CAMA Minor Development Permits 85-0056,57,58,59,
60,61
Dear Sirs:
On May 10, 1985 Rob Moul and I inspected the sites described
in your CAMA minor development permits 85-0056,57,58,59,60,
and 61 and determined that these sites shall be East of the
inlet hazard boundary line on the West end of Ocean Isle Beach.
This being our finding; special condition number five (5) no
longer applies to the above named permits.
CC: Ocean Isle Resorts
CAMA Permit files (6)
Rob Moul (6)
Yours Truly,
T.D. Roberson
CAMA Local Permit Officer
Ilj OCT 15 1996 !'
DIVISIuN OF
COASTAL MA14AGEMENT

AEC HAZARD NOTICE
Project Is In An: !/ Ocean Erodible Area
Date Lot Was Platted:see ll44ari,J
v High Hazard Flood Area _ Inlet Hazard Area
This notice is intended to make you, the applicant, aware
of the special risks and conditions associated with
development in this area, which is subject to natural
hazards such as storms, erosion and currents. The rules of
the Coastal Resources Commission require that you
receive an AEC Hazard Notice and acknowledge that
notice in writing before a permit for development can be
issued.
The Commission's rules onbuilding standards, oceanfront
setbacks and dune alteration are designed to minimize,but
not eliminate, property loss from hazards. By granting
permits, the Coara
Resourcesi0�ssio
mmin does not
guarantee the safef the develment and assumes no
liability for future mage to thevelopment.
The best available information, as accepted by the Coastal
Resources Commission, indicates that the annual ocean
ero on rate for the area where your property is located is
feet per year.
The rate was established by careful analysis of aerial
photographs of the coastline taken over the past 50 years.
Studies also indicate that the shoreline could move as
much as �M feet landward in a major storm.
Thefloodw a inamajorstorm epredictedtobeab9ut
Preferred oceanfront protection measures are beach
nourishment and relocation of threatened structures.
Hard erosion control structures such as bulkheads,
seawalls, revetments, groins, jetties and breakwaters are
prohibited. Temporary devices, including sand bags, may
be allowed under certain conditions.
This structure shall be relocated or dismantled within two
years of becoming imminently threatened.
The applicant must acknowledge this information and
requirements by signing this notice in the below space.
Without proper signature, the application will not be
complete. _
Signature
Date
SPECIAL NOTE: This hazard notice is required for
development in areas subject to sudden and massive
storms and erosion. Permits issued for development 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 your
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 work. It is impor-
tant that you check with the LPO before the permit expires
for official approval to continue the work after the permit
has expired. Generally, 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 line established. It is unlawful to continue work
after permit expiration without this approval.
For more information, contact:
Local Permit Officer
WcsT 7,icJ S7:
Address bCPka Isle jlat k, ,dC r e449
%Wri of OcPhni Talc I;efc4
Locality
910 - s-79 - 7070
Phone
DEPOSITION
EXHIBIT
JUL 16 1995
R IN, •c I/ IF
COASTAL jvl.avr,uEMtNT
Revised 11193

BEFORE YOU BUILD
Setting Back for Safety: A Guide to Wise Development Along the Oceanfront
When you build along the oceanfront you take a calculated
risk. Natural forces of water and wind collide with tons of
force, even on calm days.
Man-made structures cannot be guaranteed to survive the
force of a hurricane. Long-term erosion (or barrier island
migration) may take from two to ten feet of the beach each
year and, sooner or later, will threaten oceanfront struc-
tures. These are the facts of life for oceanfront property
owners.
The Coastal Resources Commission (CRC) has adopted
rules for building along the oceanfront. The rules are in-
tended to avoid an unreasonable risk to life and property
and to limit public and private losses from storms and
long-term erosion. These rules lessen but do not eliminate
the element of risk in oceanfront development.
As you consider building along the oceanfront, the CRC
wants you to understand the rules and the risks. With this
knowledge you can make a more informed decision about
where and how to build in the coastal area.
The Rules
When you build along the oceanfront, coastal manage-
ment rules require that the structure be sited to fit safely
into the beach environment.
Structures along the oceanfront must be behind the frontal
dune, landward of the crest of the primary dune and set
back from the first line of natural stable vegetation a dis-
tance equal to 30 times the annual erosion rate (a minimum
of 60 feet). Large structures (multi -family residential struc-
tures greater than 5,000 square feet and non-residential
structures greater than 5,000 square feet) must be set back
from the first line of natural stable vegetation a distance
equal to 60 times the annual erosion rate or 120 feet,
'' SEA' SETBACK FIRST LINE OF
STABLE
II'�77 I NATURAL
AVERAGE ANNUAL
AVERAGE ANNUAL
VEGETATION
Q�41 (EROSION I EROSION
IRATE I RATE
000 I
(LARG
STRUCTURES( I STRUCTURES)
PERMITTED -
STRUCTURE;
ADEQUATE
SETBACK
whichever is greater. If the erosion rate is greater than 3.5
feet/year, the setback is 30 times the erosion rate plus 105
feet.
The Reasons
The beachfront is an ever -changing landform. The beach
and the dunes are natural "shock absorbers", taking the
beatings of the winds and waves and protecting the inland
areas. By setting back 30 or 60 times the annual long-term
erosion rate, you have a good chance of enjoying the full
life of the structure. At first, it seems very inviting to build
your dream house as close to the beach as possible, but in
five years you could find the dream has become a
nightmare as high tides and storm tides threaten your
investment.
The Exception
The Coastal Resources Commission recognized that these
rules, initially passed in June of 1979, might prove a
hardship for some property owners. Therefore, they estab-
lished an exception for lots which cannot meet the setback
requirement. The exception allows buildings in front of the
setback line if the following conditions apply:
(1) the lot must have been platted as of June 1, 1979, and
not capable of being enlarged by combining with adjoining
land under the same ownership, (2) development must be
as far back on the property as possible and in no case less
than 60 feet landward of the vegetation line, (3) no
development can take place on the frontal dune (4) special
construction standards on piling depth and square footage
must be met and (5) all other CAMA, state and local
regulations must be met.
The exception is not available in the Inlet Hazard Area.
To determine eligibility for the exception, the Local Permit
Officer will make these measurements and observations:
required setback from vegetation line
exception setback (maximum feasible)
rear property line setback
max. allowable square footage on lowest floor
lot area as calculated from vegetation line
piling length needed to extend 4 feet below MSL
PRE -PERMIT STRUCTURE; INADEQUATE SETBACK
PRE -STORM BEACH PROFILE
� POST -STORM BEACH PROFILE
ONE YEAR AFTER STORM/BEACH REBUILDING
After the storm, the house on the dune will be gone. The other house has a much better chance of survival.

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EHNR - COASTAL MANAGEMENT TISA: 07H .0100
SUBCHAPTER 7H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN
SECTION .0100 - INTRODUCTION AND GENERAL COMMENTS
.0101 INTRODUCTION
(a) One of the basic purposes of North Carolina's Coastal Area Management Act (LAMA or the act) is to establish
a state management plan that is capable of rational and coordinated management of coastal resources. The act
recognizes that the key to more effective protection and use of the land and water resources of the coast is the
developmentof a coordinated approach to resource management. The Coastal Area Management Act provides two
principal mechanisms to accomplish this purpose. First, the formulation of local land use plans articulating the
objectives of local citizens and translating these objectives into future desired land use patterns; and second, the
designation of areas of environmental concern for the protection of areas of statewide concern within the coastal area.
(b) Both the development of local land use plans and the designation and regulation of critical resource areas
contribute to rational management by encouraging local and state governments to exercise their full authorities over
coastal resources and to express their management goals in a comprehensible and uniform manner. Local objectives
benefit through their incorporation into a state management scheme, and the statewide objectives of resource protection
and developmentbenefit through an integrated and comprehensivemanagement approach. It is the purpose of the state
guidelines to ensure this uniformity and consistency in the local land use plans and the regulation of critical resource
areas, or areas of environmental concern (AECs), through the establishment of unified policies, criteria, standards,
methods, and processes.
(c) These state guidelines are designed to provige-�inhdividuals and governmental agencies with a complete statement
of the uniform policies and standards adopted by the Coastal Resources Commission (CRC or the Commission) for
areas of environmental concern, as mandated by the act.
History Note: Authority G.S. 113A-101; 113A-102; 113A-124(c)(5);
Eff. September 9, 1977.
.0102 CAMA PROVISIONS FOR AECs
(a) The Coastal Area Management Act requires that these state guidelines "shall give particular attention to the
nature of development which shall be appropriate within the various types of areas of environmental concern that may
be designated by the Commission."
(b) The act further provides that local land use plans "shall give special attention to the protection and appropriate
development of areas of environmental concern."
(c) The 1974 Legislature found that "the coastal area, and in particular the estuaries, are among the most
biologically productive regions of this state and of the nation," but in recent years the area "has been subjected to
increasing pressures which are the result of the often conflicting needs of society expanding in industrial development,
in population, and in the recreational aspirations of its citizens."
(d) "Unless these pressures are controlled by coordinated management," the act states, "the very features of the
coast which make it economically, aesthetically, and ecologically rich will be destroyed."
(e) To prevent this destruction, the act charges the Coastal Resources Commission with the responsibility for
identifying types of areas — water as well as land -- in which uncontrolled or incompatible development might result
in irreversible damage. It further instructs the Commission to determine what types of development activities are
appropriate within such areas, and it calls on local government to give special attention to these environmentally
fragile and important areas in developing their land use plans. Also, the act provides that upon establishing the types
of development activities appropriate within areas of environmental concern, the CRC should implement a permit
program capable of controlling any inappropriate or damaging development activities within the AECs. The intent
of this authority is not to stop development, but rather to ensure the compatibility of development with the continued
productivity and value of certain critical land and water areas.
(f) The act divides the implementation responsibilities of the permit program between local governments and the
CRC. Individuals proposing "minor development" activities [defined in G.S. 113A-118(d)(2)] within an AEC will
be required to receive permits from a local permit officer, while individuals undertaking "major development"
activities [definedin G.S. 113A-118(d)(1)]will seek permits directly from the CRC. In either case, the criteria and
standards determining permit approval as described in this Subchapter of the guidelines will be identical.
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EHNR - COASTAL MANAGEMENT T15A: 07H .0100
History Note: Authority G.S. 113A-102(a); 113A-106; 113A-107; 113A-113(a); 113A-118; 113A-124,
Eff. September 9, 1977;
Amended Eff. December], 1985.
.0103 SELECTION OF PROPOSED AREAS FOR AEC DESIGNATION
(a) The selection of proposed AEC categories was made after several months of considerationby local government,
the Coastal Resources Commission, and the Coastal Resources Advisory Council (CRAG). The act specified the
potential AEC categories from which the Commission was to choose a mix of AECs that would most effectively
achieve the goals of the Coastal Area Management Act. Local governments played a major role in the selection
process by identifying AEC categories they considered to be appropriate for their jurisdictions. These
recommendations formed the basis for selecting interim areas of environmental concern (IAECs) after which the
categories were once again reviewed by the Commission and further narrowed in scope. Thirteen categories were
proposed for final designation.
(b) As presented in these guidelines, the 13 categories of AECs are separated into four broad groupings. The broad
breakdowns include categories of AECs that are either interrelated components of an ecological system or a collection
of AECs with similar management objectives. The purposes in presenting the material in this manner is not only to
create a logical organization, but also to emphasize the relationship of one AEC category to another and the interactive
nature of AECs with the total coastal environment.
History Note: Authority G.S. 113A-124;
Eff. September 9, 1977.
.0104 DEVELOPMENT INITIATED PRIOR TO EFFECTIVE DATE OF REVISIONS
Development on lots created after September 27, 1996 shall comply with the current erosion rates established
pursuant to 15A NCAC 7H .0304. Development on lots created between June 1, 1979 and September 27, 1996 must
comply with the current rates to the maximum extent feasible and have a minimum setback equal to the rates in effect
at the time the lots were created, or, those rates in effect at the time of issuance of any active CAMA permit for
development on those lots, whichever is more restrictive. Development on lots created prior to June 1, 1979 shall
comply with the provisions of 15A NCAC 7H .0309(b) and (c).
HistoryNote: Authority G.S. 113A-107,• 113A-113, 113A-124,•
Eff. September 15, 1979•
Amended Eff. April 1, 1997,• April 1, 1995, May 1, 1990,• November 1, 1988; September 1, 1988.
.0105 EFFECTIVE DATE OF RULE AMENDMENTS
Unless explicitly stated otherwise, the state guidelines for Areas of Environmental Concern and local land use plans
in effect at the time of permit decision shall be applied to all development proposals covered by this Subchapter.
History Note: Authority G.S. 113A-107,• 113A-124;
Eff. December 1, 1982.
Eff. September 9, 1977;
Amended Eff. May 1, 1990,• January 24, 1978.
.0106 GENERAL DEFINITIONS
The following definitions apply whenever these terms are used in this Chapter:
(1) "Normal High Water" is the ordinary extent of high tide based on site conditions such as presence and
location of vegetation, which has its distribution influenced by tidal action, and the location of the apparent
high tide line.
(2) Normal Water Level" is the level of water bodies with less than six inches of lunar tide during periods of
little or no wind. It is determined by the presence of such physical and biological indicators as erosion
escarpments, trash lines, water lines, marsh grasses and barnacles.
(3) Unless specifically limited, the term "structures" includes, but is not limited to, buildings, bridges, roads,
piers, wharves and docks (supported on piles), bulkheads, breakwaters, jetties, mooring pilings and buoys,
pile clusters (dolphins), navigational aids and elevated boat ramps.
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EHNR - COASTAL MANAGEMENT T15A: 07H .0100
History Note: Authority G.S. 113A-102,- 113A-107,-
Eff. June 1, 1995;
Amended Eff. October 1, 1996.
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EHNR - COASTAL MANAGEMENT T15A: 07H .0200
SECTION .0200 - THE ESTUARINE SYSTEM
.0201 ESTUARINE SYSTEM CATEGORIES
The first AECs discussed collectively are those water and land areas of the coast that contribute enormous
economic, social, and biological values to North Carolina as components of the estuarine system. Included within
the estuarine system are the following AEC categories: estuarine waters, coastal wetlands, public trust areas, and
estuarine shorelines. Each of the AECs is either geographically within the estuary or, because of its location and
nature, may significantly affect the estuary.
History Note: Authority G.S. 113A-113(b)(1); 113A-113(b)(2); 113A-113(b)(5); 113A-113(b)(6)b, 113A-124;
Eff. September 9, 1977.
.0202 SIGNIFICANCE OF THE SYSTEMS APPROACH IN ESTUARIES
The management program must embrace all characteristics, processes, and features of the whole system and not
characterize individually any one component of an estuary. The AECs are interdependent and ultimately require
management as a unit. Any alteration, however slight, in a given component of the estuarine system may result in
unforeseen consequences in what may appear as totally unrelated areas of the estuary. For example, destruction of
wetlands may have harmful effects on estuarine waters which are also areas within the public trust. As a unified
system, changes in one AEC category may affect the function and use within another category.
History Note: Authority G. S. 113A-107(a); 113A-107(b); 113A-124,
Eff. September 9, 1977.
.0203 MANAGEMENT OBJECTIVE OF THE ESTUARINE SYSTEM
It is the objective of the Coastal Resources Commission to conserve and manage estuarine waters, coastal wetlands,
public trust areas, and estuarine shorelines, as an interrelated group of AECs, so as to safeguard and perpetuate their
biological, social, economic, and aesthetic values and to ensure that development occurring within these AECs is
compatible with natural characteristics so as to minimize the likelihood of significant. loss of private property and
public resources. Furthermore, it is the objective of the Coastal Resources Commission to protect present
common-law and statutory public rights of access to the lands and waters of the coastal area.
History Note: Authority G.S. 113A-102(b)(1); 113A-102(b)(4); 113A-107(a); 113A-107(b); 113A-124;
Eff. September 9, 1977,•
Amended Eff. October 1, 1993, September 1, 1985.
.0204 AECs WITHIN THE ESTUARINE SYSTEM
The following regulations in this Section define each AEC within the estuarine system, describe its significance,
articulate the policies regarding development, and state the standards for development within each AEC.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-124;
Eff. September 9, 1977.
Ali➢ 9i 418X%3V 4k aYYII_1WMI
(a) Description. Coastal wetlands are defined as any salt marsh or other marsh subject to regular or occasional
flooding by tides, including wind tides (whether or not the tide waters reach the marshland areas through natural or
artificial watercourses), provided this shall not include hurricane or tropical storm tides. Coastal wetlands contain
some, but not necessarily all, of the following marsh plant species:
(1) Cord Grass (Spartina alterniflora),
(2) Black Needlerush (Juncus roemerianus),
(3) Glasswort (Salicornia spp.),
(4) Salt Grass (Distichlis spicata),
(5) Sea Lavender (Limonium spp.),
(6) Bulrush (Scirpus spp.),
(7) Saw Grass (Cladium jamaicense),
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EHNR - COASTAL MANAGEMENT T15A: 07H .0200
(8) Cat -tail (Typha spp.),
(9) Salt Meadow Grass (Spartina patens),
(10) Salt Reed Grass (Spartina cynosuroides).
Included in this definition of coastal wetlands is "such contiguous land as the Secretary of EHNR reasonably deems
necessary to affect by any such order in carrying out the purposes of this Section." [G.S. 113-230(a)].
(b) Significance. The unique productivity of the estuarine system is supported by detritus (decayed plant material)
and nutrients that are exported from the coastal marshlands. The amount of exportation and degree of importance
appears to be variable from marsh to marsh, depending primarily upon its frequency of inundation and inherent
characteristics of the various plant species. Without the marsh, the high productivity levels and complex food chains
typically found in the estuaries could not be maintained.
Man harvests various aspects of this productivity when he fishes, hunts, and gathers shellfish from the estuary.
Estuarine dependent species of fish and shellfish such as menhaden, shrimp, flounder, oysters, and crabs currently
make up over 90 percent of the total value of North Carolina's commercial catch. The marshlands, therefore, support
an enormous amount of commercial and recreational businesses along the seacoast.
The roots, rhizomes, stems, and seeds of coastal wetlands act as good quality waterfowl and wildlife feeding and
nesting materials. In addition, coastal wetlands serve as the first line of defense in retarding estuarine shoreline
erosion. The plant stems and leaves tend to dissipate wave action, while the vast network of roots and rhizomes resists
soil erosion. In this way, the coastal wetlands serve as barriers against flood damage and control erosion between
the estuary and the uplands.
Marshlands also act as nutrient and sediment traps by slowing the water which flows over them and causing
suspended organic and inorganic particles to settle out. In this manner, the nutrient storehouse is maintained, and
sediment harmful to marine organisms is removed. Also, pollutants and excessive nutrients are absorbed by the marsh
plants, thus providing an inexpensive water treatment service.
(c) Management Objective. To conserve and manage coastal wetlands so as to safeguard and perpetuate their
biological, social, economic and aesthetic values; to coordinate and establish a management system capable of
conserving and utilizing coastal wetlands as a natural resource essential to the functioning of the entire estuarine
system.
(d) Use Standards. Suitable land uses shall be those consistent with the management objective in this Rule.
Highest priority of use shall be allocated to the conservation of existing coastal wetlands. Second priority of coastal
wetland use shall be given to those types of development activities that require water access and cannot function
elsewhere.
Unacceptable land uses may include, but would not be limited to, the following examples: restaurants and
businesses; residences, apartments, motels, hotels, and trailer parks; parking lots and private roads and highways;
and factories. Examples of acceptable land uses may include utility easements, fishing piers, docks, and agricultural
uses, such as farming and forestry drainage, as permitted under North Carolina's Dredge and Fill Act or other
applicable laws.
In every instance, the particular location, use, and design characteristics shall be in accord with the general use
standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section.
HistoryNote: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(1); 113A-124,
Eff. September 9, 1977;
Amended Eff. October 1, 1993; May 1, 1990; January 24, 1978.
.0206 ESTUARINE WATERS
(a) Description. Estuarine waters are defined in G.S. 113A-113(b)(2). The boundaries between inland and coastal
fishing waters are set forth in an agreement adopted by the Wildlife Resources Commission and the Department of
Environment, Health, and Natural Resources and in the most current revision of the North Carolina Marine Fisheries
Regulations for Coastal Waters, codified at 15A NCAC 3Q .0200.
(b) Significance. Estuarine waters are the dominant component and bonding element of the entire estuarine system,
integrating aquatic influences from both the land and the sea. Estuaries are among the most productive natural
environments of North Carolina. They support the valuable commercial and sports fisheries of the coastal area which
are comprised of estuarine dependent species such as menhaden, flounder, shrimp, crabs, and oysters. These species
must spend all or some part of their life cycle within the estuarine waters to mature and reproduce. Of the ten leading
species in the commercial catch, all but one are dependent on the estuary.
This high productivity associated with the estuary results from its unique circulationpatterns caused by tidal energy,
fresh water flow, and shallow depth; nutrient trapping mechanisms; and protection to the many organisms. The
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circulation of estuarine waters transports nutrients, propels plankton, spreads seed stages of fish and shellfish, flushes
wastes from animal and plant life, cleanses the system of pollutants, controls salinity, shifts sediments, and mixes the
water to create a multitude of habitats. Some important features of the estuary include mud and sand flats, eel grass
beds, salt marshes, submerged vegetation flats, clam and oyster beds, and important nursery areas.
Secondary benefits include the stimulation of the coastal economy from the spin off operations required to service
commercial and sports fisheries, waterfowl hunting, marinas, boatyards, repairs and supplies, processing operations,
and tourist related industries. In addition, there is considerable nonmonetary value associated with aesthetics,
recreation, and education.
(c) Management Objective. To conserve and manage the important features of estuarine waters so as to safeguard
and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management
system capable of conserving and utilizing estuarine waters so as to maximize their benefits to man and the estuarine
system.
(d) Use Standards. Suitable land/wateruses shall be those consistentwith the management objectives in this Rule.
Highest priority of use shall be allocated to the conservation of estuarine waters and its vital components. Second
priority of estuarine waters use shall be given to those types of development activities that require water access and
use which cannot function elsewhere such as simple access channels; structures to prevent erosion; navigation
channels; boat docks, marinas, piers, wharfs, and mooring pilings.
In every instance, the particular location, use, and design characteristics shall be in accord with the general use
standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(2); 113A-124,
Eff. September 9, 1977,•
Amended Eff. October 1, 1993; November 1, 1991; May 1, 1990; October 1, 1988.
.0207 PUBLIC TRUST AREAS
(a) Description. Public trust areas are all waters of the Atlantic Ocean and the lands thereunder from the mean
high water mark to the seaward limit of state jurisdiction; all natural bodies of water subject to measurable lunar tides
and lands thereunder to the mean high water mark; all navigable natural bodies of water and lands thereunder to the
mean high water level or mean water level as the case may be, except privately -owned lakes to which the public has
no right of access; all water in artificially created bodies of water containing significant public fishing resources or
other public resources which are accessible to the public by navigation from bodies of water in which the public has
rights of navigation; and all waters in artificially created bodies of water in which the public has acquired rights by
prescription, custom, usage, dedication, or any other means. In determining whether the public has acquired rights
in artificially created bodies of water, the following factors shall be considered:
(1) the use of the body of water by the public,
(2) the length of time the public has used the area,
(3) the value of public resources in the body of water,
(4) whether the public resources in the body of water are mobile to the extent that they can move into natural
bodies of water,
(5) whether the creation of the artificial body of water required permission from the state, and
(6) the value of the body of water to the public for navigation from one public area to another public area.
(b) Significance. The public has rights in these areas, including navigation and recreation. In addition, these areas
support valuable commercial and sports fisheries, have aesthetic value, and'are important resources for economic
development.
(c) Management Objective. To protect public rights for navigation and recreation and to conserve and manage the
public trust areas so as to safeguard and perpetuate their biological, economic and aesthetic value.
(d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of
this Rule. In the absence of overriding public benefit, any use which significantly interferes with the public right of
navigation or other public trust rights which the public maybe found to have in these areas shall not be allowed. The
development of navigational channels or drainage ditches, the use of bulkheads to prevent erosion, and the building
of piers, wharfs, or marinas are examples of uses that may be acceptable within public trust areas, provided that such
uses will not be detrimental to the public trust rights and the biological and physical functions of the estuary. Projects
which would directly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit
spoils below mean high tide, cause adverse water circulation patterns, violate water quality standards, or cause
degradation of shellfish waters are generally considered incompatible with the management policies of public trust
areas. In every instance, the particular location, use, and design characteristics shall be in accord with the general
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EHNR - COASTAL MANAGEMENT T15A: 07H .0200
use standards for coastal wetlands, estuarine waters, and public trust areas.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(5); 113A-124;
Eff. September 9, 1977;
Amended Eff. October 1, 1993.
.0208 USE STANDARDS
(a) General Use Standards
(1) Uses which are not water dependent shall not be permitted in coastal wetlands, estuarine waters, and public
trust areas. Restaurants, residences, apartments, motels, hotels, trailer parks, private roads, factories, and
parking lots are examples of uses that are not water dependent. Uses that are water dependent may include:
utility easements; docks; wharfs; boat ramps; dredging; bridges and bridge approaches; revetments,
bulkheads; culverts; groins; navigational aids; mooring pilings; navigational channels; simple access
channels and drainage ditches.
(2) Before being granted a permit by the CRC or local permitting authority, there shall be a finding that the
applicant has complied with the following standards:
(A) The location, design, and need for development, as well as the construction activities involved shall
be consistent with the stated management objective.
(B) Before receiving approval for location of a use or development within these AECs, the permit -letting
authority shall find that no suitable alternative site or location outside of the AEC exists for the use
or development and, further, that the applicant has selected a combination of sites and design that will
have a minimum adverse impact upon the productivity and biologic integrity of coastal marshland,
shellfish beds, beds of submerged aquatic vegetation, spawning and nursery areas, important nesting
and wintering sites for waterfowl and wildlife, and important natural erosion barriers (cypress
fringes, marshes, clay soils).
(C) Development shall not violate water and air quality standards.
(D) Development shall not cause major or irreversible damage to valuable documented archaeological
or historic resources.
(E) Development shall not measurably increase siltation.
(F) Development shall not create stagnant water bodies.
(G) Development shall be timed to have minimum adverse significant affect on life cycles of estuarine
resources.
(H) Development shall not impede navigation or create undue interference with access to, or use of,
,public trust areas or estuarine waters.
(3) When the proposed development is in conflict with the general or specific use standards set forth in this
Rule, the CRC may approve the development if the applicant can demonstrate that the activity associated
with the proposed project will have public benefits as identified in the findings and goals of the Coastal Area
Management Act, that the public benefits clearly outweigh the long range adverse effects of the project, that
there is no reasonable and prudent alternate site available for the project, and that all reasonable means and
measures to mitigate adverse impacts of the project have been incorporated into the project design and will
be implemented at the applicant's expense. These measures taken to mitigate or minimize adverse impacts
may include actions that will:
(A) minimise or avoid adverse impacts by limiting the magnitude or degree of the action;
(B) restore the affected environment; or
(C) compensate for the adverse impacts by replacing or providing substitute resources.
(4) Primary nursery areas are those areas in the estuarine system where initial post larval development of fnfish
and crustaceans takes place. They are usually located in the uppermost sections of a system where
populations are uniformly early juvenile stages. They are officially designated and described by the N.C.
Marine Fisheries Commission in 15A NCAC 3B .1405 and by the N.C. Wildlife Resources Commission
in 15A NCAC 10C .0110.
(5) Outstanding Resource Waters are those estuarine waters and public trust areas classified by the N.C.
Environmental Management Commission pursuant to Title 15A, Subchapter 2B .0216 of the N.C.
Administrative Code as Outstanding Resource Waters (ORW) upon finding that such waters are of
exceptional state or national recreational or ecological significance. In those estuarine waters and public
trust areas classified as ORW by the Environmental Management Commission (EMC), no permit required
by the Coastal Area Management Act shall be approved for any project which would be inconsistent with
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applicable use standards adopted by the CRC, EMC, or Marine Fisheries Commission (MFC) for estuarine
waters, public trust areas, or coastal wetlands. For development activities not covered by specific use
standards, no permit shall be issued if the activity would, based on site specific information, materially
degrade the water quality or outstanding resource values unless such degradation is temporary.
(6) Beds of submerged aquatic vegetation (SAV) are those habitats in public trust and estuarine waters vegetated
with one or more species of submergent vegetation. These vegetation beds occur in both subtidal and
intertidal zones and may occur in isolated patches or cover extensive areas. In either case, the bed is
defined by the presence of above -ground leaves or the below -ground rhizomes and propagules. In defining
SAVs, the CRC recognizes the Aquatic Weed Control Act of 1991 (G.S. 113A-220 et. seq.) and does not
intend the SAV definition and its implementing Hiles to apply to or conflict with the non -development
control activities authorized by that Act.
(b) Specific Use Standards
(1) Navigation channels, canals, and boat basins shall be aligned or located so as to avoid primary nursery areas
highly productive shellfish beds, beds of submerged aquatic vegetation, or significant areas of regularly or
irregularly flooded coastal wetlands.
(A) Navigation channels and canals may be allowed through narrow fringes of regularly and irregularly
flooded coastal wetlands if the loss of wetlands will have no significant adverse impacts on fishery
resources, water quality or adjacent wetlands, and, if there is no reasonable alternative that would
avoid the wetland losses.
(B) All spoil material from new construction shall be confined landward of regularly and irregularly
flooded coastal wetlands and stabilized to prevent entry of sediments into the adjacent water bodies
or marsh.
(C) Spoil from maintenance of channels and canals through irregularly flooded wetlands shall be placed
on non -wetland areas, remnant spoil piles, or disposed of by a method having no significant, long
term wetland impacts. Under no circumstances shall spoil be placed on regularly flooded wetlands.
(D) Widths of the canals and channels shall be the minimum required to meet the applicant's needs and
provide adequate water circulation.
(E) Boat basin design shall maximize water exchange by having the widest possible opening and the
shortest practical entrance canal. Depths of boat basins shall decrease from the waterward end inland.
(F) Any canal or boat basin shall be excavated no deeper than the depth of the connecting channels.
(G) Canals for the purpose of multiple residential development shall have:
(i) no septic tanks unless they meet the standards set by the Division of Environmental Man-
agement and the Division of Environmental Health;
(h) no untreated or treated point source discharge;
(iii) storm water routing and retention areas such as settling basins and grassed swales.
(H) Construction of finger canal systems shall not be allowed. Canals shall be either straight or
meandering with no right angle corners.
(I) Canals shall be designed so as not to create an erosion hazard to adjoining property. Design may
include bulkheading, vegetative stabilization, or adequate setbacks based on soil characteristics.
(.1) Maintenance excavation in canals, channels and boat basins within primary nursery areas and beds
of submerged aquatic vegetation should be avoided. However, when essential to maintain a
traditional and established use, maintenance excavation may be approved if the applicant meets all
of the following criteria as shown by clear and convincing evidence accompanying the permit
application. This Rule does not affect restrictions placed on permits issued after March 1, 1991.
(i) The applicant demonstrates and documents that a water -dependent need exists for the
excavation; and
(ii) There exists a previously permitted channel which was constructed or maintained under
permits issued by the State or Federal government. If a natural channel was in use, or if a
human -made channel was constructed before permitting was necessary, there shall be clear
evidence that the channel was continuously used for a specific purpose; and
(iii) Excavated material can be removed and placed in an approved disposal area without sig-
nificantly impacting adjacent nursery areas and beds of submerged aquatic vegetation; and
(iv) The original depth and width of a human -made or natural channel will not be increased to
allow a new or expanded use of the channel.
(2) Hydraulic Dredging
(A) The terminal end of the dredge pipeline shall be positioned at a distance sufficient to preclude erosion
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of the containment dike and a maximum distance from spillways to allow adequate settlement of
suspended solids.
(B) Dredge spoil shall be either confined on high ground by adequate retaining structures or if the
material is suitable, deposited on beaches for purposes of renourishment, with the exception of (G)
of this Subsection (b)(2).
(C) Confinement of excavated materials shall be on high ground landward of regularly and irregularly
flooded marshland and with adequate soil stabilization measures to prevent entry of sediments into
the adjacent water bodies or marsh.
(D) Effluent from diked areas receiving disposal from hydraulic dredging operations shall be contained
by pipe, trough, or similar device to a point waterward of emergent vegetation or, where local
conditions require, below mean low water.
(E) When possible, effluent from diked disposal areas shall be returned to the area being dredged.
(F) A water control structure shall be installed at the intake end of the effluent pipe.
(G) Publicly funded projects shall be considered by review agencies on a case -by -case basis with respect
to dredging methods and spoil disposal.
(H) Dredge spoil from closed shellfish waters and effluent from diked disposal areas used when dredging
in closed shellfish waters shall be returned to the closed shellfish waters.
(3) Drainage Ditches
(A) Drainage ditches located through any marshland shall not exceed six feet wide by four feet deep
(from ground surface) unless the applicant shows that larger ditches are necessary for adequate
drainage.
(B) Spoil derived from the construction or maintenance of drainage ditches through regularly flooded
marsh shall be placed landward of these marsh areas in a manner that will insure that entry of
sediment into the water or marsh will not occur. Spoil derived from the construction or maintenance
of drainage ditches through irregularly flooded marshes shall be placed on nonwetlands wherever
feasible. Non -wetland areas include relic disposal sites.
(C) Excavation of new ditches through high ground shall take place landward of a temporary earthen plug
or other methods to minimise siltation to adjacent water bodies.
(D) Drainage ditches shall not have a significant adverse effect on primary nursery areas, productive
shellfish beds, beds of submerged aquatic vegetation, or other documented important estuarine
habitat. Particular attention shall be placed on the effects of freshwater inflows, sediment, and
nutrient introduction. Settling basins, water gates, retention structures are examples of design
alternatives that may be used to minimize sediment introduction.
(4) Nonagricultural Drainage
(A) Drainage ditches shall be designed so that restrictions in the volume or diversions of flow are
minimized to both surface and ground water.
(B) Drainage ditches shall provide for the passage of migratory organisms by allowing free passage of
water of sufficient depth.
(C) Drainage ditches shall not create stagnant water pools or significant changes in the velocity of flow.
(D) Drainage ditches shall not divert or restrict water flow to important wetlands or marine habitats.
(5) Marinas. Marinas are defined as any publicly or privately owned dock, basin or wet boat storage facility
constructed to accommodate more than 10 boats and providing any of the following services: permanent
or transient docking spaces, dry storage, fueling facilities, hattlout facilities and repair service. Excluded
from this definition are boat ramp facilities allowing access only, temporary docking and none of the
preceding services. Expansion of existing facilities shall also comply with these standards for all
development other than maintenance and repair necessary to maintain previous service levels.
(A) Marinas shall be sited in non -wetland areas or in deep waters (areas not requiring dredging) and shall
not disturb valuable shallow water, submerged aquatic vegetation, and wetland habitats, except for
dredging necessary for access to high -ground sites. The following four alternatives for siting marinas
are listed in order of preference for the least damaging alterative; marina projects shall be designed
to have the highest of these four priorities that is deemed feasible by the permit letting agency:
(i) an upland basin site requiring no alteration of wetland or estuarine habitat and providing
adequate flushing by tidal or wind generated water circulation;
(ii) an upland basin site requiring dredging for access when the necessary dredging and operation
> of the marina will not result in the significant degradation of existing fishery, shellfish, or
wetland resources and the basin design shall provide adequate flushing by tidal or wind gen-
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erated water circulation;
(ili) an open water site located outside a primary nursery area which utilizes piers or docks rather
than channels or canals to reach deeper water; and
(iv) an open water marina requiring excavation of no intertidal habitat, and no dredging greater
than the depth of the connecting channel
(B) Marinas which require dredging shall not be located in primary nursery areas nor in areas which
require dredging through primary nursery areas for access. Maintenance dredging in primary nursery
areas for existing marinas shall be considered on a case -by -case basis.
(C) To minimize coverage of public trust areas by docks and moored vessels, dry storage marinas shall
be used where feasible.
(D) Marinas to be developed in waters subject to public trust rights (other than those created by dredging
upland basins or canals) for the purpose of providing docking for residential developments shall be
allowed no more than 27 square feet of public trust areas for every one lin. ft. of shoreline adjacent
to these public trust areas for construction of docks and mooring facilities. The 27 square feet
allocation shall not apply to fairway areas between parallel piers or any portion of the pier used only
for access from land to the docking spaces.
(E) To protect water quality of shellfishing areas, marinas shall not be located within areas where
shellfish harvesting for human consumption is a significant existing use or adjacent to such areas if
shellfish harvest closure is anticipated to result from the location of the marina. In compliance with
Section 101(a)(2) of the Clean Water Act and North Carolina Water Quality Standards adopted
pursuant to that section, shellfish harvesting is a significant existing use if it can be established that
shellfish have been regularly harvested for human consumption since November 28, 1975 or that
shellfish apparently are propagating and surviving in a biologically suitable habitat and are available
and suitable for harvesting for the purpose of human consumption. The Division of Marine Fisheries
shall be consulted regarding the significance of shellfish harvest as an existing use and the magnitude
of the quantities of shellfish which have been harvested or are available for harvest in the area where
harvest will be affected by the development.
(F) Marinas shall not be located without written consent from the controlling parties in areas of
submerged lands which have been leased from the state or deeded by the state.
(G) Marina basins shall be designed to promote flushing through the following design criteria:
(i) the basin and channel depths shall gradually increase toward open water and shall never be
deeper than the waters to which they connect; and
(ii) when possible, an opening shall be provided at opposite ends of the basin to establish
flow -through circulation.
(H) Marinas shall be designed to minimize adverse effects on navigation and public use of public trust
areas while allowing the applicant adequate access to deep waters.
(I) Marinas shall be located and constructed so as to avoid adverse impacts on navigation throughout all
federally maintained channels and their immediate boundaries. This includes mooring sites
(permanent or temporary), speed or traffic reductions, or any other device, either physical or
regulatory, that may cause a federally maintained channel to be restricted.
(J) Open water marinas shall not be enclosed within breakwaters that preclude circulation sufficient to
maintain water quality.
(K) Marinas which require dredging shall provide acceptable areas to accommodate disposal needs for
future maintenance dredging. Proof of the ability to truck the spoil material from the marina site to
an acceptable disposal area will be acceptable.
(L) Marina design shall comply with all applicable requirements for management of stormwater runoff.
(M) Marinas shall post a notice prohibiting the discharge of any waste from boat toilets and explaining
the availability of information on local pump -out services.
(N) Boat maintenance areas shall be designed so that all scraping, sandblasting, and painting will be done
over dry land with adequate containment devices to prevent entry of waste materials into adjacent
waters.
(0) All marinas shall comply with all applicable standards for docks and piers, bulkheading, dredging
and spoil disposal.
(P) All applications for marinas shall be reviewed to determine their potential impact and compliance
with applicable standards. Such review shall consider the cumulative impacts of marina development
(Q) Replacement of existing marinas to maintain previous service levels shall be allowed provided that
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the preceding rules are complied with to the maximum extent possible, with due consideration being
given to replacement costs, service needs.
(6) Docks and Piers.
(A) Docks and piers shall not significantly interfere with water flows.
(B) To preclude the adverse effects of shading coastal wetlands vegetation, docks and piers built over
coastal wetlands shall not exceed six feet in width. "T"s and platforms associated with residential
piers shall be at the waterward end, and shall not exceed a total area of 500 square feet with no more
than six feet of the dimension perpendicular to the marsh edge extending over coastal wetlands.
Water dependent projects requiring piers or wharfs of dimensions greater than those stated in this
Rule shall be considered on a case -by -case basis.
(C) Piers shall be designed to minimize adverse effects on navigation and public use of waters while
allowing the applicant adequate access to deep waters by:
(i) not extending beyond the established pier length along the same shoreline for similar use;
(This restriction shall not apply to piers 200 feet or less in length unless necessary to avoid
unreasonable interference with navigation or other uses of the waters by the public);
(ii) not extending into the channel portion of the water body; and
(iii) not extending more than one-third the width of a natural water body or man-made canal or
basin. Measurements to determine widths of the channels, canals or basins shall be made from
the waterward edge of any coastal wetland vegetation which borders the water body. The
one-third length limitation shall not apply in areas where the U.S. Army Corps of Engineers,
or a local government in consultation with the Corps of Engineers, has established an official
pier -head line.
(D) Pier alignments along federally maintained channels shall meet Corps of Engineers District
guidelines.
(E) Piers 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 the adjacent property owner's areas of riparian access.
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 properties, 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. The minimum setback provided in the rule 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 permitting
agency prior to initiating any development of the pier. Application of this Rule may be aided by
reference to an approved diagram illustrating the rule as applied to various shoreline configurations.
Copies of the diagram may be obtained from the Division of Coastal Management. When shoreline
configuration is such that a perpendicular alignment cannot be achieved, the pier shall be aligned to
meet the intent of this Rule to the maximum extent practicable.
(F) Docks and piers shall not significantly interfere with shellfish franchises or leases. Applicants for
authorization to construct a dock or pier shall provide notice of the permit application or exemption
request to the owner of any part of a shellfish franchise or lease over which the proposed dock or pier
would extend.
(7) Bulkheads and Shore Stabilization Measures
(A) Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate mean high water
or normal water level.
(B) Bulkheads shall be constructed landward of significant marshland or marshgrass fringes.
(C) Bulkhead fill material shall be obtained from an approved upland source, or if the bulkhead is a pan
of a permitted project involving excavation from a non -upland source, the material so obtained may
be contained behind the bulkhead.
(D) Bulkheads or other structures employed for shoreline stabilization shall be permitted below
approximate mean high water or normal water level only when the following standards are met:
(i) the property to be bulkheaded has an identifiable erosion problem, whether it results from
natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g.
steep grade bank, which will cause the applicant unreasonable hardship under the other pro-
visions of this Rule;
(ii) the bulkhead alignment extends no further below approximate mean high water or normal
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water level than necessary to allow recovery of the area eroded in the year prior to the date
of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship re-
sulting from the unusual geographic or geologic features;
(iii) the bulkhead alignment will not result in significant adverse impacts to public trust rights or
to the property of adjacent riparian owners;
(iv) the need for a bulkhead below approximate mean high water or normal water level is do-
cumented in the Field InvestigationReport or other reports prepared by the Division of Coastal
Management; and
(v) the property to be bulkheaded is in a nonoceanfront area.
(E) Where possible, sloping rip -rap, gabions, or vegetation shall be used rather than vertical seawalls.
(8) Beach Nourishment
(A) Beach creation or maintenance may be allowed to enhance water related recreational facilities for
public, commercial, and private use.
(B) Beaches may be created or maintained in areas where they have historically been found due to natural
processes. They will not be allowed in areas of high erosion rates where frequent maintenance will
be necessary.
(C) Placing unconfined sand material in the water and along the shoreline shall not be allowed as a
method of shoreline erosion control.
(D) Material placed in the water and along the shoreline shall be clean sand free from pollutants and
highly erodible finger material. Grain size shall be equal to or larger than that found naturally at the
site.
(E) Material from dredging projects may be used for beach nourishment if-
(i) it is first handled in a manner consistent with rules governing spoil disposal;
(ii) it is allowed to dry for a suitable period; and
(iii) only that material of acceptable grain size is removed from the disposal site for placement on
the beach. Material shall not be placed directly on the beach by dredge or dragline during
maintenance excavation.
(F) Beach creation shall not be allowed in any primary nursery areas, nor.in any areas where siltation
from the site would pose a threat to shellfish beds.
(G) Material shall not be placed on any coastal wetlands or beds of submerged aquatic vegetation.
(H) Material shall not be placed on any submerged bottom with significant shellfish resources.
(I) Beach construction shall not create the potential for filling adjacent or nearby navigation channels,
canals, or boat basins.
(.l) Beach construction shall not violate water quality standards.
(K) Permit renewal of these projects shall require an evaluation of any adverse impacts of the original
work.
(L) Permits issued for this development shall be limited to authorizing beach nourishment only one time
during the life of the permit. Permits may be renewed for maintenance work or repeated need for
nourishment.
(9) Wooden and Riprap Groins
(A) Groins shall not extend more than 25 ft. waterward of the mean high water or normal water level
unless a longer structure is justified by site specific conditions, sound engineering and design
principals.
(B) Groins shall be set back a minimum of 15 ft. from the adjoining property lines. This setback may
be waived by 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 groin
commences, the applicant shall obtain a written agreement with the new owner waiving the minimum
setback and submit it to the permitting agency prior to initiating any development of the groin.
(C) Groins shall pose no threat to navigation.
(D) The height of groins shall not exceed 1 ft. above mean high water or the normal water level.
(E) No more than two structures shall be allowed per 100 ft. of shoreline unless the applicant provides
evidence that more structures are needed for shoreline stabilization.
(F) "L" and "T" sections shall not be allowed at the end of groins.
(G) Riprap material used for groin construction shall be free from loose dirt or any other pollutant in
other than non -harmful quantities and of a size sufficient to prevent its movement from the site by
wave and current action.
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(10) "Freestanding Moorings".
(A) A "freestanding mooring" is any means to attach a ship, boat, vessel, floating structure or other
water craft to a stationary underwater device, mooring buoy, buoyed anchor, or piling (as long as
the piling is not associated with an existing or proposed pier, dock, or boathouse).
(B) Freestanding moorings shall be permitted only:
(i) to riparian property owners within their riparian corridors; or
(ii) to any applicant proposing to locate a mooring buoy consistent with a water use plan that may
be incorporated into either the local zoning or land use plan.
(C) All approved mooring fields shall provide suitable area for access to any mooring(s) and other land
based operations which shall include but not be limited to wastewater pumpout, trash disposal and
vehicle parking.
(D) If the agreement referenced in specific condition in Part (b)(10)(C) of this Rule is terminated or the
facility no longer exist, the permit shall become null and void and the permitted project removed
from the AEC.
(E) To protect water quality of shellfishing areas, mooring fields shall not be located within areas where
shellfish harvesting for human consumption is a significant existing use or adjacent to such areas if
shellfish harvest closure is anticipated to result from the location of the mooring field. In compliance
with Section 10l(a)(2) of the Federal Water Pollution Control Act, 33 U.S.C. 1251 (a)(2), and North
Carolina Water Quality Standards adopted pursuant to that section, shellfish harvesting is a significarr
existing use if it can be established that shellfish have been regularly harvested for human
consumption since November 28, 1975 or that shellfish apparently are propagating and surviving in
a biologically suitable habitat and are available and suitable for harvesting for the purpose of human
consumption. The Division of Marine Fisheries shall be consulted regarding the significance of
shellfish harvest as an existing use and the magnitude of the quantities of shellfish which have been
harvested or are available for harvest in the area where harvest will be affected by the development.
(F) Moorings shall not be located without written consent from the controlling parties in areas of
submerged lands which have been leased from the state or deeded by -.the state.
(G) Moorings shall be located and constructed so as to avoid adverse impacts on navigation throughout
all federally maintained channels and their immediate boundaries. This includes mooring sites
(permanent or temporary), speed or traffic reductions, or any other device, either physical or
regulatory, that may cause a federally maintained channel to be restricted.
(H) Open water moorings shall not be enclosed within breakwaters that preclude circulation sufficient to
maintain water quality.
(1) Moorings and the associated land based operation design shall comply with all applicable
requirements for management of stormwater runoff.
(J) Mooring fields shall have posted in view of patrons a notice prohibiting the discharge of any waste
from boat toilets or any other discharge and explaining the availability of information on local pump -
out services and waste disposal.
(K) Freestanding moorings associated with commercial shipping, public service or temporary
construction/salvageoperations may be permitted without a public sponsor and shall be evaluated on
a case -by -case basis.
(L) Freestanding mooring buoys and piles shall be evaluated based upon the are of the swing including
the vessel to be moored. Moorings and the attached vessel shall not interfere with the access of any
riparian owner nor shall it block riparian access by blocking channels, deep water, etc. which allows
riparian access. Freestanding moorings shall not interfere with the ability of any riparian owner to
place a pier for access.
(M) Freestandingmoorings shall not be established in submerged cable/pipe crossing areas or in a manner
which interferes with the operations of an access through any bridge.
(N) Freestanding moorings shall be marked or colored in compliance with U.S. Coast Guard and N.C.
Wildlife Resource Commission requirements and the required marking maintained for the life of the
mooring(s).
(0) The type of material used to create a mooring must be free of pollutants and of a design and type of
material so as to not present a hazard to navigation or public safety.
(P) Existing freestanding moorings (i.e. buoys/pilings) may be maintained in place for two years.
However, if the moorings(s) deteriorate or are damaged such that replacement is necessary during
the two year period, the mooring(s) then shall comply with those guidelines of the Division in place
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at that time. In any event, existing moorings shall comply with these Rules within two years.
(11) Filling of Canals, Basins and Ditches - Not withstanding the general use standards for estuarine systems as
set out in 7H .0208(a) of this Rule, filling canals, basins and ditches shall be allowed if:
(A) the area to be filled was not created by excavating lands which were below the normal high water
or normal water level; and
(B) if the area was created from wetlands, the elevation of the proposed filling does not exceed the
elevation of said wetlands so that wetland function will be restored; and
(C) the filling will not adversely impact any designated primary nursery area, shellfish bed, bed of
submerged aquatic vegetation, coastal wetlands other than a narrow fringe around the shoreline,
recognized public trust right or established public trust usage; and
(D) the filling will not adversely affect the value and enjoyment of property of any riparian owner; and
(E) the filling will further some policy of the Commission such as retreating from erosion or avoiding
water quality degradation.
History Note: Authority G.S. 113A-107(b); 113A-108; 113A-113(b); 113A-124,
Eff. September 9, 1977;
Amended Eff. February 1, 1996; April 1, 1993; February 1, 1993; November 30, 1992;
RRC Objection due to ambiguity Eff. March 21, 1996,
Amended Eff. May 1, 1996.
.0209 ESTUARINE SHORELINES
(a) Rationale. As an AEC, estuarine shorelines, although characterized as dry land, are considered a component
of the estuarine system because of the close association with the adjacent estuarine waters. This Section defines
estuarine shorelines, describes the significance, and articulates standards for development.
(b) Description. Estuarine shorelines are those non -ocean shorelines which are especially vulnerable to erosion,
flooding, or other adverse effects of wind and water and are intimately connected to the estuary. This area extends
from the mean high water level or normal water level along the estuaries, sounds, bays, and brackish waters as set
forth in an agreement adopted by the Wildlife Resources Commission and the Department of Environment, Health,
and Natural Resources [described in Rule .0206(a) of this Section] for a distance of 75 feet landward. For those
estuarine shorelines immediately contiguous to waters classified as Outstanding Resource Waters by the Environmental
Management Commission, the estuarine shoreline AEC shall extend to 575 feet landward from the mean high water
level or normal water level, unless the Coastal Resources Commission establishes the boundary at a greater or lesser
extent following required public hearing(s) within the affected county or counties.
(c) Significance. Development within estuarine shorelines influences the quality of estuarine life and is subject to
the damaging processes of shore front erosion and flooding.
(d) Management Objective. To ensure shoreline development is compatible with both the dynamic nature of
estuarine shorelines and the values of the estuarine system.
(e) Use Standards.
(1) All development projects, proposals, and designs shall substantially preserve and not weaken or eliminate
natural barriers to erosion, including, but not limited to, peat marshland, resistant clay shorelines, and
cypress -gum protective fringe areas adjacent to vulnerable shorelines.
(2) All development projects, proposals, and designs shall limit the construction of impervious surfaces and
areas not allowing natural drainage to only so much as is necessary to adequately service the major purpose
or use for which the lot is to be developed. Impervious surfaces shall not exceed 30 percent of the AEC
area of the lot, unless the applicant can effectively demonstrate, through innovative design, that the
protection provided by the design would be equal to or exceed the protection by the 30 percent limitation.
Redevelopment of areas exceeding the 30 percent impervious surface limitation can be permitted if
impervious areas are not increased and the applicant designs the project to comply with the intent of the rule
to the maximum extent practical.
(3) All development projects, proposals, and designs shall comply with the following mandatory standards of
the North Carolina Sedimentation Pollution Control Act of 1973:
(A) All development projects, proposals, and designs shall provide for a buffer zone along the margin
of the estuarine water which is sufficient to confine visible siltation within 25 percent of the buffer
zone nearest the land disturbing development.
(B) No development project proposal or design shall permit an angle for graded slopes or fill which is
greater than an angle which can be retained by vegetative cover or other adequate erosion -control
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devices or structures.
(C) All development projects, proposals, and designs which involve uncovering more than one acre of
land shall plant a ground cover sufficient to restrain erosion within 30 working days of completion
of the grading; provided that this shall not apply to clearing land for the purpose of forming a
reservoir later to be inundated.
(4) Development shall not have a significant adverse impact on estuarine resources.
(5) Development shall not significantly interfere with existing public rights of access to, or use of, navigable
waters or public resources.
(6) No major public facility shall be permitted if such facility is likely to require extraordinary public
expenditures for maintenance and continued use, unless it can be shown that the public purpose served by
the facility outweighs the required public expenditures for construction, maintenance, and continued use.
For the purpose of this standard, "public facility" shall mean a project which is paid for in any part by
public funds.
(7) Development shall not cause major or irreversible damage to valuable, documented historic architectural
or archaeological resources.
(8) Established common-law and statutory public rights of access to the public trust lands and waters in
estuarine areas shall not be eliminated or restricted. Development shall not encroach upon public
accessways nor shall it limit the intended use of the accessways.
(9) Within the AEC for shorelines contiguous to waters classified as Outstanding Resource Waters by the EMC,
no CAMA permit will be approved for any project which would be inconsistent with applicable use
standards adopted by the CRC, EMC or MFC for estuarine waters, public trust areas, or coastal wetlands.
For development activities not covered by specific use standards, no permit will be issued if the activity
would, based on site specific information, materially degrade the water quality or outstanding resource
values unless such degradation is temporary.
(f) Specific Use Standards for ORW Estuarine Shorelines.
(1) Within the AEC for estuarine shorelines contiguous to waters classified as ORW by the EMC, all
development projects, proposals, and designs shall limit the built upon area to no more than 25 percent of
the AEC area of the land to be developed or any lower site specific percentage as adopted by the EMC as
necessary to protect the exceptional water quality and outstanding resource values of the ORW, and shall:
(A) have no stormwater collection system;
(B) provide a buffer zone of at least 30 feet from the mean high water line;
(C) otherwise be consistent with the use standards set out in Paragraph (e) of this Rule.
(2) Development (other than single-family residential lots) more than 75 feet from the mean high water line but
within the AEC which as of June 1, 1989:
(A) has a CAMA permit application in process, or
(B) has received preliminary subdivision plat approval or preliminary site plan approval under applicable
local ordinances, and in which substantial financial resources have been invested in design or
improvement; will be permitted in accordance with rules and standards in effect as of June 1, 1989.
(3) Single-family residential lots which would not be buildable under the low -density standards defined in
Paragraph (f)(1) of this Rule may be developed for single-family residential purposes so long as the
development complies with those standards to the maximum extent possible.
(4) For ORW's nominated subsequent to June 1, 1989, the effective date in Paragraph (f)(2) of this Rule shall
be the dates of nomination by the EMC.
History Note: Temporary Amendment Eff. December 18, 1981;
Authority G.S. 113A-107(b); 113A-108, 113A-113(b); 113A-124,
Eff. September 9, 1977;
Amended Eff. August 3, 1992, December 1, 1991; May 1, 1990; October 1, 1989.
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SECTION .0300 - OCEAN HAZARD AREAS
.0301 OCEAN HAZARD CATEGORIES
The next broad grouping is composed of those AECs that are considered natural hazard areas along the Atlantic
Ocean shoreline where, because of their special vulnerability to erosion or other adverse effects of sand, wind, and
water, uncontrolled or incompatible development could unreasonably endanger life or property. Ocean hazard areas
include beaches, frontal dunes, inlet lands, and other areas in which geologic, vegetative and soil conditions indicate
a substantial possibility of excessive erosion or flood damage.
HistoryNote: Authority G.S. 113A-107(a); 113A-107(b);113A-113(b)(6a); 113A-113(b)(6b); 113A-113(b)(6d);
113A-124,
Eff. September 9, 1977.
.0302 SIGNIFICANCE OF THE OCEAN HAZARD CATEGORY
(a) The primary causes of the hazards peculiar to the Atlantic shoreline are the constant forces exerted by waves,
winds, and currents upon the unstable sands that form the shore. During storms, these forces are intensified and can
cause significant changes in the bordering landforms and to structures located on them. Ocean hazard area property
is in the ownership of a large number of private individuals as well as several public agencies and is used by a vast
number of visitors to the coast. Ocean hazard areas are critical, therefore, because of both the severity of the hazards
and the intensity of interest in the areas.
(b) The location and form of the various hazard area landforms, in particular the beaches, dunes, and inlets, are
in apermanent state of flux, responding to meteorologically induced changes it the wave climate. For this reason,
the appropriate location of stroc ures on and near these landforms must be reviewed carefully in order to avoid their
loss or damage. As a whole, the same flexible nature of these landforms which presents hazards to development
situated immediately on. them offers protection to the land, water, and structures located landward of them. The value
of each landform lies in the particular role it plays in affording protection to life and property. (The role of each
landform is described in detail in Technical Appendix 2 in terms of the physical processes most important to each.)
Overall, however, the energy dissipation and sand storage capacities of the landforms are most essential for, the
maintenance of the landforms' protective function.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(6a); 113A-113(b)(6b); 113A-113(b)(6d);
113A-124,
Ef. September 9, 1977,-
Amended Eff. October 1, 1992.
.0303 MANAGEMENT OBJECTIVE OF OCEAN HAZARD AREAS
(a) The CRC recognizes that absolute safety from the destructive forces indigenous to the Atlantic shoreline is an
impossibility for development located adjacent to the coast. The loss of life and property to these forces, however,
can be greatly reduced by the proper location and design of structures; and by care taken in prevention of damage to
natural protective features particularly primary and frontal dunes. Therefore, it is the CRC's objective to provide
management policies and standards for ocean hazard areas that serve to eliminate unreasonable danger to life and
property and achieve a balance between the.fnaucial, safety, and social factors that are involved in hazard area
development.
(b) The purpose of these Rules shall be to further the goals set out in G.S. 113A-102(b), with particular attention
to minimizing losses to life and property resulting from storms and long-term erosion, preventing encroachment of
permanent smictitres on public beach arras, preserving the natural ecological conditions of the barrier dune and beach
systems, and reducing the public costs of inappropriately sited development. Furthermore, it is the objective of the
Coastal Resources Commission to protect present common-law and sratmory public rights of access to and use of the
lands and waters of the coastal area.
History Note: Authority G.S. 113A-107(b); 113A-113(b)(6) a.; 113A-113(b)(6) b.;113A-113(b)(6)d.; 1I3A-124;
E)9: September 9, 1977;
Amended Eff. October 1, 1992; December 1. 1991; September 1, 1985; February Z 1981.
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.0304 AECs WITHIN OCEAN HAZARD AREAS
The ocean hazard system of AECs contains all of the following areas:
(1) Ocean Erodible Area. This is the area in which there exists a substantial possibility of excessive erosion
and significant shoreline fluctuation. The seaward boundary of this area is the mean low water line. The
landward extent of this area is determined as follows:
(a) a distance landward from the first line of stable natural vegetation to the recession line that would
be established by multiplying the long-term annual erosion rate times 60, provided that, where there
has been no long-term erosion or the rate is less than two feet per year, this distance shall be set at
120 feet landward from the first line of stable natural vegetation. For the purposes of this Rule, the
erosion rates shall be the long-term average based on available historical data. The current long-term
average erosion rate data for each segment of the North Carolina coast is depicted on reaps entitled
'Long Term Atm ial Shoreline Change Rates updated through 1992' and approved by the Coastal
Resources Commission on September 27, 1996 (except as such rates may be varied in individual
contested cases, declaratory or interpretive rulings). The maps are available without cost from any
local permit officer or the Division of Coastal Management; and
(b) a distance landward from the recession line established in Sub -Item (1)(a) of this Rule to the
recession line that would be generated by a storm having a one percent chance of being equaled or
exceeded in any given year.
(2) The High Hazard Flood Area. This is the area subject to high velocity waters (including, but not limited
to, hurricane wave wash) in a storm having a one percent chance of being equaled or exceeded in any given
year, as identified as zone V 1-30 on the flood insurance rate maps of the Federal Insurance Administration,
U.S. Department of Housing and Urban Development.
(3) Inlet Hazard Area. The inlet hazard areas are natural -hazard areas that are especially vulnerable to erosion,
- flooding and other -adverse effects of sand, wind, and water because of their proxitnityto dynamic ocean
inlets. This area shall extend landward from the mean low water line a distance sufficient to encompass
• that area within which the inlet will, based on statistical analysis, migrate, and shall consider such factors
as previous inlet territory, structurally weak areas near the inlet (such as an unusually narrow barrier island,
an unusually long channel feeding the inlet, or an overwash area), and external influences such as jetties
and chauneliz ition. The areas identified as suggested Inlet Hazard Areas included in the report entitled
uq= HAZARD AREAS, The Final Report and Recommendations to the Coastal Resources Commission,
1978, as amended in 1981, by Loie I. Priddy and Rick Carraway are incorporated by reference without
future changes and are hereby designated as Inlet Hazard Areas except that the Cape Fear Inlet Hazard Area
as shown on said map shall not extend northeast of the Baldhead Island marina entrance channel. In all
cases, this area shall be an extension of the adjacent ocean erodible area and in no case shall the width of
the inlet hazard area be less than the width of the adjacent ocean erodible area. This report is available for
inspection at the Department of Environment, Health, and Natural Resources, Division of Coastal
Management, 2728 Capital Boulevard, Raleigh, North Carolina. Small scaled photo copies are available
at no charge.
(4) Unvegetated Beach Area. Beach areas within the Ocean Hazard Area when no stable natural vegetation
is present may be designated as an unvegetated beach area on either a permanent or temporary basis:
(a) An area appropriate for permanent desigrumon as an unvegetated beach area is a dynamic area that
is subject to rapid unpredictable landform change from wind and wave action. The areas in this
category shall be designated following detailed studies by the Coastal Resources Commission. These
areas shall be designated on maps approved by the Commission and available without cost from any
local permit officer or the Division of Coastal Management.
(b) An area that is suddenly unvegetated as a result of a hurricane or other major storm event may be
designated as an unvegetated beach area for a specific period of time. At the expiration of the time
specified by the Commission, the area shall rearm to its pre -storm designation. Areas appropriate
for such designation are those in which vegetation has been lost over such a Large land area that
extrapolation of the vegetation line under the procedure set out in Rule .0305(e) of this Section is
inappropriate.
The Commission designas temporary unvegetated beach areas those oceanfront areas in New Hanover,
ates
Pender, Carteret and Onslow Counties in which the vegetation line as shown on aerial photography dated
August 8, 9, and 17, 1996, was destroyed as a result of Hurricane Fran on September 5, 1996. This
designation shall continue until such time as stable, natural vegetation has reestablished or until the area is
permanently designated as an unvegetated beach area pursuant to Sub -Item 4(a) of this Rule.
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History Note: Authority G.S. 113A-107.• 113A-113, 113A-124;
Eff. September 9, 1977;
Amended Eff. December 1, 1993; November 1, 1988, September 1, 1986, December 1, 1985,
Temporary Amendment Eff. October 10, 1996,
Amended Eff. April 1, 1997.
.0305 GENERAL IDENTIFICATION AND DESCRIPTION OF LANDFORMS
(a) Ocean Beaches. Ocean beaches are lands consisting of unconsolidated soil materials that extend from the mean
low water line landward to a point where either:
(1) the growth of vegetation occurs, or
(2) a distinct change in slope or elevation alters
landward.
the configuration of the landform, whichever is farther
(b) Primary Dunes. Primary dunes are the first mounds of sand located landward of the ocean beaches having an
elevation equal to the mean flood level (in a storm having a one percent chance of being equaled or exceeded in any
given year) for the area plus six feet. The primary dune extends landward to the lowest elevation in the depression
behind that same mound of sand (commonly referred to as the dune trough).
(c) Frontal Dunes. The frontal dime is deemed to be the fast mound of sand located landward of the ocean beach
having sufficient vegetation, height, continuity and configuration to offer protective value.
(d) General Identification. For the purpose of public and administrative notice and convenience, each designated
minor development permit -letting agency with ocean hazard areas may designate, subject to CRC approval, a readily
identifiable land area within which the ocean bazard areas occur. This designated notice area mast include all of the
land area defined.in Rule .0304 of this Section. Natural or than -made landmarks may be considered in delineating
this area.
(e) 'Vegetation Line" means the first line of stable natural vegetation, which shall be used as the reference point
for measuring oceanfront setbacks. This line represents the boundary between the normal dry -sand beach, which is
subject to constant flux due to waves, tides, storms and wind, and the more stable upland areas. It is generally located
at or immediately oceanward of the seaward toe of the frontal dune or erosion escarpment. In areas where there is
no stable natural vegetation presam this line shall be established by connecting or extending the lines from the nearest
adjacent vegetation on either side of the site and by extrapolating (by either on -ground observation or by aerial
photographic interpretation) to establish the lime. In areas within the boundaries of a large scale beach nourishment
or spoil deposition project, the vegetation line that existed before commencement of the project shall be used as the
vegetation line for determining oceanfront setbacks after the project is completed. A project shall be considered large
scale when:
(1) it places more than a total volume of 200,000 =We yards of sand at an average ratio of more than 50 cubic
yards of sand per linear foot of shoreline, or
(2) it is a Hurricane Protection project constructed by the U.S. Army Corps of Engineers.
(f) "Erosion Escarpment" means normal vertical drop in the beach profile caused from high tide or storm tide
erosion.
(g) Measurement line means the line from which the ocean from setback as described in Rule .0306(a) of this
Section is measured in the nnvegetated beach area of environmental concern as described in Rule .0304(4) of this
Section. Procedures for determining the measurement line in areas designated pursuant to Rule .0304(4)(a) of this
Section shall be adopted by the Commission for each area where such a line is designated pursuant to the provisions
of G.S. 150B. These procedures shall be available from any local permit officer or the Division of Coastal
Management. In areas designated pmsuan to -Rule .0304(4)(b) of this Section, the Division of Coastal Management
shall establish a measurement line that approximates the location at which the vegetation line is expected to reestablish
by:
(1) determining the distance the vegetation line receded at the closest vegetated site to the proposed development
site; and
(2) locating the line of stable natural vegetation on the most curreat pre -storm aerial photography of the
proposed development site and moving this line landward the distance determined in Subparagraph (g)(1)
of this Rule.
The measurement line established pursuant to this process shall in every case be located landward of the average width
of the beach as determined from the most current pre -storm aerial photography.
History Note: Authority G.S. 113A-107,• 113A-113(b)(6); 113A7124;
Eff. September 9, 1977,-
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Amended Eff. December 1, 1991; September 1, 1986; December 1, 1985; February 1, 1981;
Temporary Amendment Eff. October 10, 1996;
Amended Eff. January 1, 1997
.0306 GENERAL USE STANDARDS FOR OCEAN HAZARD AREAS
(a) In order to protect life and property, all development not otherwise specifically exempted or allowed by law
or elsewhere in these Rules shall be located according to whichever of the following miles is applicable.
(1) If neither a primary nor frontal dune exists in the AEC on or landward of the lot on which the development
is proposed, the development shall be landward of the erosion setback line. The erosion setback line shall
be set at a distance of 30 times the long-term annual erosion rate from the first line of stable natural
vegetation or measurement line, where applicable. In areas where the rate is less than two feet per year,
the setback line shall be 60 feet from the vegetation line or measurement line, where applicable.
(2) If a primary dune exists in the AEC on or landward of the lot on which the development is proposed, the
development shall be landward of the crest of the primary dune or the long-term erosion setback line,
whichever is farthest from the first line of stable natural vegetation or measurement line, where applicable.
For existing lots, however, where setting the development landward of the crest of the primary dune would
preclude any practical use of the lot, development may be located seaward of the primary dune. In such
cases, the development shall be located landward of the long-term erosion setback line and shall not be
located on or in from of a frontal dune. The words "existing lots' in this Rule shall mean a lot or tract of
land which, as of June 1, 1979, is specifically described in a recorded plat and which cannot be enlarged
by combining the lot or tract of land with a contiguous lot(s) or tract(s) of land under the same ownership.
(3) If no primary dune exists, but a frontal dune does exist in the AEC on or landward of the lot on which the
development is proposed, the development shall be set landward of the frontal dune or landward of the
long-term erosion setback line, whichever is farthest from the first line of stable natural vegetation or
measurement line, where applicable.
(4) Because large stntcmrm located immediately along the Atlantic Ocean present increased risk of loss of life
and property, increased potential for eventual loss or damage to the public beach area and other important
natural features along the oceanfront, increased potential for higher public costs for federal flood insurance,
erosion control, storm protection, disaster relief and provision of public services such as water and sewer,
and increased difficulty and expense of relocation in the event of fmure shoreline loss, a greater oceanfront
setback is required for these structures than is the case with smaller structures. Therefore, in addition to
meeting the criteria in this Rule for setback landward of the primary or frontal dune or both the primary
and frontal dunes, for all multi -family residential structures (including motels, hotels, condominiums and
moteliminiums) of more than 5,000 square feet total floor area, and for any non-residential structure with
a total area of more than 5,000 square feet, the erosion setback line shall be twice the erosion setback as
established in Subparagraph (a)(1) of this Rule, provided that in no case shall this distance be less than 120
feet. In areas where the rate is more than 3.5 feet per year, this setback line shall be set at a distance of
30 times the long-term annual erosion rate plus 105 feet.
(5) Structural additions or increases In the footprint or total floor area of a building or structure represent
expansions to the principal structure and both must meet the setback requirements established in Paragraph
(a) of this Rule and Rule .0309(a) of this Section. The enclosure of existing roof covered porches will be
exempt from this requirement if the footprint is not expanded and modifications to existing foundations are
not required. New development landward of the applicable setback may be cosmetically, but not
structurally, attached to an existing structure that does not conform with current setback requirements.
(6) Established common-law and statutory public rights of access to and use of public trust lands and waters
in ocean hazard areas shall not be eliminated or restricted. Development shall not encroach upon public
accessways nor shall it limit the intended use of the accessways.
(b) -In order to avoid weakening the protective crane of ocean beaches and primary and frontal dunes, no
development will be permitted that involves the significant removal or relocation of primary or frontal dune sand or
vegetation then=. Other dunes within the ocean hazard area shall not be disturbed unless the development of the
property is otherwise impracticable, and any disturbance of any other dunes shall be allowed only to the extent allowed
by Rule .0308(b) of this Section.
(c) In order to avoid excessive public expenditures for maintaining public safety, construction or placement of
growth -inducing public facilities to be supported by public funds will be permitted in the ocean hazard area only when
such facilities:
(1) clearly exhibit overriding factors of national or state interest and public benefit,
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(2) will not increase existing hazards or damage natural buffers,
(3) will be reasonably safe from flood and erosion related damage,
(4) will not promote growth and development in ocean hazard areas.
Such facilities include, but are not limited to, sewers, waterlines, roads, and bridges.
(d) Development shall not cause major or irreversible damage to valuable documented historic architectural or
archaeological resources documented by the Division of Archives and History, the National Historical Registry, the
local land -use plan, or other. reliable sources.
(e) Development shall be consistent with minimum lot size and set back requirements established by local
regulations.
(f) Mobile homes shall not be placed within the high hazard flood area unless they are within mobile home parks
existing as of htne 1, 1979.
(g) Development shall be consistent with general management objective for ocean hazard areas set forth in Rule
.0303 of this Section.
(h) Development shall not create undue interference with legal access to, or use of, public -resources nor shall such
development increase the risk of damage to public trust areas.
(i) Development proposals shall incorporate all reasonable means and methods to avoid or minimize adverse
impacts of the project. These measures shall be implemented at the applicant's expense and may include actions that
will:
(1) minimize or avoid adverse impacts by limiting the magnitude or degree of the action,
(2) restore the affected environment, or
(3) compensate for the adverse impacts by replacing or providing substitute resources.
0) Prior to the issuance of any permit for development in the ocean hazard AECs, there shall be a written
acknowledgment from the applicant that the applicant is aware of the risks associated with development in this
hazardous area and the limited suitability of this area for permanent structures. By granting permits, the Coastal
Resources Commission does not guarantee the safety of the development and assumes no liability for future damage
to the development.
(k) All relocation of stmca = requires permit approval. Structures relocated with public funds shall comply with
the applicable setback line as well as other applicable AEC rules. Structures including septic tanks and other essential
accessories relocated entirely with non-public funds shall be relocated the maximum feasible distance landward of the
present location; septic tanks may not be located seaward of the primary structure. In these cases, all other applicable
local and state rules shall be met.
(1) Permits shall include the condition that any structure shall be relocated or dismantled when it becomes
imminently threatened by changes in shoreline configuration; The structure(s) shall be relocated or dismantled within
two years of the time when it becomes imminently neatened, and in any case upon its collapse or subsidence.
However, if nasal shoreline recovery or beach renourishmem takes place within two years of the time the structure
becomes imminently threatened, so that the Structure is no longer imminently threatened, then it need not be relocated
or dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary
protective measures allowed under Rule .0308(a)(2) of this Section.
History Note: Aradoriry G.S. 113A-107,• 113A-II3(b)(6); 113A-124,
Eff. September 9, 1977,•
Amended Eff. December 1, 1991; March 1, 1988, September 1, 1986, December 1, 1985;
RRC Objection due to ambiguity Eff. January 24, _ 1992;
Amended Eff. March 1, 1992,
RRC Objection due to ambiguity Eff. May 21, 1992;
Amended Eff. February 1, 1993, October 1, 1992; June 19, 1992;
RRC Objection due to ambiguity Eff. May 18, 1995;
Amended Eff. June 27, 1995.
,0307 USE STANDARDS FOR OCEAN HAZARD AREAS: EXCEPTIONS
History Note: Authority G.S.113A-107(a); 113A-107(b); 113A-113(b)(6)a, 113A-113(b)(6)b; 113A-113(b)(6)d;
Eff. September 9, 1977;
Amended E)g: January 24, 1978;
Repealed Ejj: September 15, 1979.
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.0308 SPECIFIC USE STANDARDS FOR OCEAN HAZARD AREAS
(a) Ocean Shoreline Erosion Control Activities:
(1) Use Standards Applicable to all Erosion Control Activities:
(A) All oceanfront erosion response activities shall be consistent with the general policy statements in
15A NCAC 7M .0200.
(B) Permanent erosion control structures may cause significant adverse impacts on the value and
enjoyment of adjacent properties or public access to and use of the ocean beach, and, therefore, are
prohibited. Such structures include, bur are not limited to: bulkheads; seawalls; revetments; jetties;
groins and breakwaters.
(C) Rules concerning the use of oceanfront erosion response measures apply to all oceanfront properties
without regard to the size of the structure on the property or the'date of its construction.
(D) All permitted oceanfront erosion response projects, other than beach bulldozing and temporary
placement of sandbag structures, shall demonstrate sound engineering for their planned purpose.
(E) Shoreline erosion response projects shall not be constructed in beach or estuarine areas that sustain
substantial habitat for important fish and wildlife species unless adequate mitieation treasures are
incorporated into project design, as set forth in Rule .0306(i) of this Section.
(F) Project construction shall be timed to minimize adverse effects on biological activity.
(G) Prior to completing any erosion response project, all exposed remnants of or debris from failed
erosion control structures must be removed by the permittee.
(R) Erosion control structures that would otherwise be prohibited by these standards may be permitted
on finding that:
(i) the erosion control smtct re is necessary to protect a bridge which provides the only existing
road access to a substantial population on a barrier island; that is vital to public safety; and is
imminently threatened by erosion;
(ii) the erosion response measures of relocation, beach nourishment or temporary stabilization are
not adequate to protect public health and safety; and
(iil) the proposed erosion control saucnre will have no adverse impacts on adjacent properties in
private ownership and will have minimal impacts on public use of the beach.
(1) Structures that would otherwise be prohibited by these standards may also be permitted on finding
that:
(i) the structure is necessary to protect an historic site of national significance, which is
imminently threatened by shoreline erosion; and -
(ii) the erosion response measures of relocation, beach nourishment or temporary stabilization are
not adequate and practicable to protect the site; and
(iii) the structure is limited in extent and scope to that necessary to protect the site; and
(iv) any permit for a atruc= under this Part (1) may be issued only to a sponsoring public agency
for projects where the public benefits clearly outweigh the short or long range adverse
impacts. Additionally, the permit must include conditions providing for mitigation or
minimization by that agency of any significant and unavoidable adverse impacts on adjoining
properties and on public access to and use of the beach.
(n Structures that would otherwise be prohibited by these standards may also be permitted on finding
that:
(i) the structure is necessary.to maintain an existing commercial navigation channel of regional
significance within federally authorized limits; and
(ii) dredging alone is not practicable to maintain safe access to the affected channel; and
(iii) the structure is limited in extent and scope to that necessary to maintain the channel; and
(iv) the structure will not result in substantial adverse impacts to fisheries or other public trust
resources; and
(v) any permit for a structure under this Part (I) may be issued only to a sponsoring public agency
for projects where the public benefits clearly outweigh the short or long range adverse
impacts. Additionally, the permit must include conditions providing for mitigation or
minimization by that agency of any significant and unavoidable adverse impacts on adjoining
properties and on public access to and use of the beach.
(K) Proposed erosion response measures using innovative technology or design shall be considered as
experimental and shall be evaluated on a case -by -case basis to determine consistency with 15A
NCAC 7M .0200 and general and specific use standards within this Section.
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(2) Temporary Erosion Control Stmetures:
(A) Permittable temporary erosion control structures shall be limited to sandbags placed above mean high
water and parallel to the shore.
(B) Temporary erosion control structures as defined in Part (2)(A) of this Subparagraph may be used only
to protect imminently threatened roads and associated right of ways, and buildings and associated
septic systems. A structure will be considered to be imminently threatened if its foundation septic
system, or right-of-way in the rase of wads, is less than 20 feet away from the erosion scarp.
Buildings and roads located more than 20 feet from the erosion scarp or in areas where there is no
obvious erosion scarp may also be found to be imminently threatened when site conditions, such as
a flat beach profile or accelerated erosion, tend to increase the risk of imminent damage to the
structure.
(C) Temporary erosion control strwaires may be used to protect only the principal structure and its
associated septic system, but not such appurtenances as gazebos, decks or any amenity that is allowed
as an exception to the erosion setback requirement.
(D) Temporary erosion control structures may be placed seaward of a septic system when there is no
alternative to relocate it on the same or adjoining lot so that it is landward of or in line with the
structure being protected.
(E) Temporary erosion control structures must not extend more than 20 feet past the sides of the strucnrre
to be protected. The landward side of such temporary erosion control structures shall not be located
more than 20 feet seaward of the structure to be protected or the right-of-way in the case of roads.
(F) A temporary erosion control structure may remain in place for up to two years after the date of
approval if it is protecting a building with a total floor area of 5000 sq. f - or less, or, for up to five
years if the building has a total floor area of more than 5000 sq. ft. A temporary erosion control
structure may remain in place for up to five years if it is protecting a bridge or a mad. The property
owner shall remove the temporary smtcnm within 30 days of the end of the allowable time period.
A temporary erosion control structure may remain in place for up to five years regardless of the size
of the structure if the community in which it is located is actively pursuing a beach nourishment
project. For purposes of this Rule, a community is considered to be actively pursuing a beach
nourishment project if it has:
(i) been issued a CAMA permit approving such project, or
(ii) been deemed worthy of further consideration by a U.S. Army Corps of Engineers' Beach
Nourishment Reconnaissance Study, or
(iii) received a favorable economic evaluation report on a federal project approved prior to 1986.
(G) Once the temporary erosion control structure is determined to be unnecessary due to relocation or
removal of the threatened structure, it must be removed by the property owner within 30 days.
(H) Removal of temporary erosion control structures may not be required if they are covered by dunes
with vegetation sufficient to be considered stable and natural.
(1) The property owner shall remove remnants of all portions of any damaged temporary erosion control
structure.
(n Sandbags used to construct temporary erosion control structures shall be tan in color and three to five
feet wide and seven to 15 feet long when measured fiat. Base width of the Structure shall not exceed
20 feet, and the height shall not exceed six feet.
(K) Soldier pilings and other types of devices to anchor sandbags shall not be allowed.
(L) Construction of a temporary erosion control stucture shall be approved only once on any property
regardless of ownership.
(M) Existing sandbag st imiares may be maintained provided that the permitted dimensions are not
exceeded.
(N) Existing sandbag structures that have been properly installed prior to May 1, 1995 shall be allowed
to remain in place according to the provisions of Parts (F), (G) and (H) of this Subparagraph with
the pertinent time periods beginning on May 1, 1995.
(3) Beach Nourishment/Spoil Disposal.
(A) Sand used for beach nourishment shall be compatible with existing grain size and type. Sand to be
used for beach nourishment shall be taken only from those areas where the resulting environmental
impacts will be minimal.
(B) At the commencement of any large scale beach nourishment or spoil deposition project, the
vegetation lime shall be located by DCM and surveyed by the project sponsor or permittee. Said line
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shall be used for setback determinations so long as the spoil deposition or beach nourishment project
is being maintained. A project shall be considered large scale when:
(1) it places more than a total volume of 200,000 cubic yards of sand at an average ratio of more
than 50 cubic yards of sand per linear foot of shoreline, or
(2) it is a Hurricane Protection project constructed by the U.S. Army Corps of Engineers.
(C) The vegetation lines in effect on the effective date of this Rule for Wrightsville Beach and Carolina
Beach Hurricane Protection projects shall continue to be used after the effective date of this Rule.
(4) Beach Bulldozing. Beach bulldozing (defined as the process of moving natural beach material from any
point seaward of the first line of stable vegetation to create a protective sand dike or to obtain material for
any other purpose) is development and may be permitted as an erosion response if the following conditions
are met:
(A) The area on which this activity is being performed must maintain a slope of adequate grade so as W
not endanger the public or the public's use of the beach and shall follow the pre -emergency slope as
closely as possible. The movement of material utilizing a bulldozer, from end loader, backhoe,
scraper, or any type of earth moving or construction equipment shall not exceed one foot in depth
measured from the pre -activity surface elevation;
(B) The activity must not exceed the lateral bounds of the applicant's property unless he has permission
of the adjoining land owner(s);
(C) Movement of material from seaward of the low water line will require a CAMA Major Development
and State Dredge and Fill Permit;
(D) The activity must not significantly increase erosion on neighboring properties and must not have a
significant adverse effect on important natural or cultural resources;
(E) The activity may be undertaken to protect threatened on -site waste disposal systems as well as the
threatened structure's foundations.
(b) Dune Establishment and Stabilization. Activities to establish dunes shall be allowed so long as the
following conditions are met•.
(1) Any new dunes established shall be aligned to the greater[ extent possible with existing adjacent dune ridges
and shall be of the same general configuradon as adjacent natural dunes.
(2) Existing primary and frontal dunes shall not, except for beach nourishment and emergency situations, be
broadened or extended in an oceanward direction.
(3) Adding to dunes shall be accomplished in such a manner that the damage to existing vegetation is
minimized. The filled areas will bb immediately replanted or temporarily stabilized until planting can be
successfully completed.
(4) Sand used to establish or strengthen dunes must be of the same general characteristics as the sand in the area
in which it is to be placed.
(5) No new dunes shall be created in islet hazard areas.
(6) Sand held in storage in any dune, other than the frontal or primary dune, may be redistributed within the
AEC provided that it is not placed arty farther occanward than the crest of a primary dune or landward toe
of a frontal dune.
(7) No disturbance of a dune area will be allowed when other techniques of construction can be utilized and
alterative site locations exist to avoid unnecessary dune impacts.
(c) Structural Accessways:
(1) Structural accessways shall be permitted across primary dunes so long as they are designed and constructed
in a manner which entails negligible alteration on the primary done. Structural accessways may not be
considered threatened structures for the purpose of Paragraph (a) of this Rule.
(2) An accessway shall be conclusively presumed to entail negligible alteration of a primary dune:
(A) The accessway is exclusively for pedestrian use;
(B) The accessway is less than six feet in width; and
(C) The accessway is raised on posts or pilings of five feet or less depth, so that wherever possible only
the posts or pilings ranch the frontal dune. Where this is deemed impossible, the structure shall touch
the dune only to the extent absolutely necessary. In no case shall an accessway be permitted if it will
diminish the dune's capacity as a protective barrier against flooding and erosion; and _
(D) Any areas of vegetation that are disturbed are revegetated as soon as feasible.
(3) An accessway which does not meet Part (2)(A) and (B) of this Paragraph shall be permitted only if it meets
a public purpose or need which cannot otherwise be met and it meets Part (2)(C) of this Paragraph. Public
fishing piers shall not be deemed to be prohibited by this Rule, provided all other applicable standards are
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met.
(4) In order to avoid weakening the protective nature of primary and frontal dunes a structural accessway (such
as a "Hatteras ramp") shall be provided for any off -road vehicle (ORV) or emergency vehicle access. Such
accessways shall be no greater than 10 feet in width and shall be constructed of wooden sections fastened
together over the length of the affected dune area.
(d) Construction Standards. New construction and substantial improvements (increases of 50 percent or more in
value on square footage) to existing construction shall comply with the following standards:
(1) In order to avoid unreasonable danger to life and property, all development shall be designed and placed
so as to minimize damage due to fluctuations in ground elevation and wave action in a 100 year storm. Any
building constructed within the ocean hazard area shall comply with the North Carolina Building Code
including the Coastal and Flood Plain Construction Standards, Chapter 34, Volume I or Section 39, Volume
I-B and the local flood damage prevention ordinance as required by the National Flood Insurance Program.
If any provision of the building code or a flood damage prevention ordinance is inconsistent with any of the
following AEC standards, the more restrictive provision shall control.
(2) All structures in the ocean hazard area shall be on pilings not less than eight inches in diameter if round or
eight inches to a side if square.
(3) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under the
structure. For those structures so located on the primary dune or nearer to the ocean, the pilings must
extend to five feet below mean sea level.
(4) All fotmdations shall be adequately designed to be stable during applicable fluctuations in ground elevation
and wave forces during a 100 year storm. Cantilevered decks and walkways shall meet this standard or
shall be designed to break -away without structural damage to the main structure.
History Note: Filed as a Temporary Amendment Eff. June 20, 1989, for a period of 180 days to etpire on
December I 1989,
Authortry G.S. 113A-107(a); 113A-107(b); 113A-113(b)(6)a.,b.,d.; 113A-124,
Eff. Jane 1, 1979;
Amended Eff. August 3, 1992, December 1, 1991; March 1, 1990. December 1, 1989,
RRC Objection Eff. November 19, 1992 due to ambiguity,
RRC Objection Eff. January 21, 1993 due to ambiguity;
Amended Eff. March 1, 1993, December 28, 1992;
RRC Objection Eff. March 16, 1995 due to ambiguity,
Amended Eff. December 1, 1996; February 1, 1996; May 4, 1995.
.0309 USE STANDARDS FOR OCEAN AARARD AREAS: EXCEPTIONS
(a) The following types of development may be permitted seaward of the oceanfront setback requirements of Rule
.0306(a) of the Subchapter if all other provisions of this Subchapter and other state and local regulations are met•.
(1) campgrounds that do not involve substantialpermanent structures;
(2) parking area with clay, packed sand or similar surfaces;
(3) outdoor tennis courts;
(4) elevated decks not exceeding a footprint of 500 square feet;
(5) beach accessways consistent with Rule .0308(c) of this Subchapter;
(6) unenclosed, uninhabitable gazebos with a footprint of 200 square feet or less;
(7) uninhabitable, single -story storage sheds with a footprint of 200 square feet or less;
(8) temporary amusement stands; and
(9) swimming pools.
In all cases, this development shall only be permitted if it is landward of the vegetation line; involves no significant
alteration or removal of primary or frontal duties or the dune vegetation; has ovetwalks to protect any existing dunes;
is not essential to the continued existence or use of an associated principal development; is not required to satisfy
minimum requirements of local zoning, subdivision or health regulations; and meets all other non -setback requirements
of this Subchapter.
(b) Where strict application of the oceanfront setback requirements of Rule .0306(a) of this Subchapter would
preclude placement of permanent substantial structures on lots existing as of June 1, 1979, single family residential
strucmres may be permitted seaward of the applicable setback line in ocean erodible areas, but not inlet hazard areas,
if each of the following conditions are met:
(1) The development is set back from the ocean the maximum feasible distance possible on the existing lot and
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the development is designed to minima a encroachment into the setback area;
(2) The development is at least 60 feet landward of the vegetation line;
(3) The development is not located on or in front of a frontal dune, but is entirely behind the landward toe of
the frontal dune;
(4) The development incorporates each of the following design standards, which are in addition to those
required by Rule .0308(d) of this Subchapter.
(A) All pilings have a tip penetration that extends to at least five feet below mean sea level;
(B) The footprint of the structure be no more than 1,000 square feet or 10 percent of the lot size,
whichever is greater.
(5) All other provisions of this Subchapter and other state and local regulations are met. If the development is
to be serviced by an on -site waste disposal system, a copy of a valid permit for such a system shall be
submitted as part of the CAMA permit application.
(c) Reconfiguration of lots and projects that have a grandfather status under Paragraph (b) of this Rule shall be
allowed provided that the following conditions are met:
(1) Development is setback from the first line of stable natural vegetation a distance no less than that required
by the applicable exception;
(2) Reconfiguration will not result in an increase in the number of buildable lots within the Ocean Hazard AEC
or have other adverse environmental consequences; and
(3) Development on lots qualifying for the exception in Paragraph (b) of this Rule must meet the requirements
of Paragraphs (1) through (5) of that Paragraph.
For the purposes of this Rule; an existing lot is a lot or tract of land which, as of June 1, 1979, is specifically
described in a recorded plat and which cannot be enlarged by combining the lot or tract of land with a contiguous lot(s)
or tract(s) of Lund under the same ownership. The footprint is defined as the greatest exterior dimensions of the
structure, including covered stairways, when extended to ground level.
(d) The following types of water dependent development shall be permitted seaward of the oceanfront setback
requirements of Rule .0306(a) of this Section if all other provisions of this Subchapter and other state and local
regulations are met:
(1) piers providing public access (excluding any pier house, office, or other enclosed areas); and
(2) maintenance, and replacement of existing state-owned bridges and causeways and accessways to such
bridges.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(6)a.; 113A-113(b)(6)b.;113A-113(b)(6)d.;
113A-124;
Ef. .. February Z 1981;
Amended Eff. April 1, 1996, April 1, 1995; February 1, 1993, January 1, 1991.
.0310 USE STANDARDS FOR INLET HAZARD AREAS
(a) Inlet areas as defined by Rule .0304 of this Section are subject to inlet migration, rapid and severe changes in
watercourses, flooding and strong tides. Due to this extremely hazardous nature of the inlet hazard areas, all
development within these areas shall be permitted in accordance with the following standards:
(1) All development in the islet hazard area shall be set back from the fast line of stable natural vegetation a
distance equal to the setback required in the adjacent ocean hazard area;
(2) Permanent structures shall be permitted at a density of no more than one commercial or residential unit per
15,000 square feet of land area on lots subdivided or created after July 23, 1981;
(3) Only residential structures of four units or less or non-residential structures of less than 5,000 square feet
total floor area shall be allowed within the inlet hazard area, except that access roads to those areas and
maintenance and replacement of existing bridges shall be allowed;
(4) Established common-law and statutory public rights of access to the public trust lands and waters in inlet
hazard areas shall not be eliminated or restricted. Development shall not encroach upon public accessways
nor shall it limit the intended use of the accessways;
(5) All other Hiles in this Subchapter pertaining to development in the ocean hazard areas shall be applied to
development within the inlet hazard areas;
(b) The inlet hazard area setback req +inrnn^ns shall not apply to the types of development exempted from the ocean
setback rules in 15A NCAC 7H .0309(a), nor, to the types of development listed in 15A NCAC 7H .0309(c).
History Note: Filed as an Temporary Amendment Eff. October 30, 1981, for a period of 70 days to expire
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on January 8, 1982,
Filed as an Emergency Rule EJf. September 11, 1981, for a period of 120 days to expire on
January 8, 1982;
Authority G.S. 113A-107; 113A-113(b); 113A-124;
Ef December 1, 1981;
Amended Eff. April 1, 1996; December 1, 1992; December 1, 1991; March 1, 1988.
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SECTION .0400 - PUBLIC WATER SUPPLIES
.0401 PUBLIC WATER SUPPLY CATEGORIES
The third broad grouping of AECs includes valuable small surface water supply watersheds and public water
supply well fields.
. HistoryNote: Statutory Authority G.S. 113A-107(a); 113A-107(b);113A-113(b)(3)a; 113A-124;
Eff. September 9, 1977.
.0402 SIGNIFICANCE
(a) These vulnerable, critical water supplies, if degraded, could adversely affect public health or require
substantial monetary outlays by affected communities for alternative water source development.
(b) Uncontrolled development within the designated boundaries of a watershed or well field site could cause
significant changes in runoff patterns or water withdrawal rates that may adversely affect the quantity and quality
of the raw water supply. Also, incompatible development could adversely affect water quality by introducing a
wide variety of pollutants from homes, businesses, or industries, either through subsurface discharge, surface
runoff, or seepage into the vulnerable water supply.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(3)a; 113A-124;
Eff. September 9, 1977.
.0403 MANAGEMENT OBJECTIVE FOR PUBLIC WATER SUPPLIES
The CRC objective in regulating development within critical water supply areas is the protection and preservation
of public water supply well fields and A-11 streams and to coordinate and establish a management system capable
of maintaining public water supplies so as to perpetuate their values to the public health, safety, and welfare.
HistoryNote: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(3)a; 113A-124;
Eff. September 9, 1977.
.0404 AECs WITHIN PUBLIC WATER SUPPLIES
Public water supplies as a broad category include two AECs: small surface water supply watersheds and public
water supply well fields. The following discussion includes the description and the land use standards for each.
Maps of these AECs are available at the CRC and the appropriate local minor development permit office.
Note: Rules .0405 and .0406 of this Subchapter contain descriptions of four public water supply areas as
identified by the North Carolina Department of Environment, Health, and Natural Resources, Division of
Environmental Health.
HistoryNote: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(3)a; 113A-124;
Eff. September 9,1977;
Amended Eff. May 1, 1990, November 1. 1984; January 24, 1978.
.0405 SMALL SURFACE WATER SUPPLY WATERSHEDS
(a) Description. These are catchment areas situated entirely within the coastal area which contain a water body
classified as A -II by the Environmental Management Commission. This means the maximum beneficial use of
these bodies of water is to serve as public water supply areas. The watershed of the A -II water bodies has been
identified by the North Carolina Department of Environment, Health, and Natural Resources for designation by
the CRC.
(b) Use Standards. The CRC or local designated official shall approve an application upon finding that the
project is in accord with the following minimum standards:
(1). Ground absorption sewage disposal systems shall be located a minimum of Wo feet from A -II surface
waters.
(2) Development requiring a national pollution discharge elimination system (NPDES) permit will be
denied an AEC permit until the NPDES permit is secured.
(3) Land -disturbing activities (land clearing, grading, and surfacing) shall be in compliance with the
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SECTION .0400 - PUBLIC WATER SUPPLIES
.0401 PUBLIC WATER SUPPLY CATEGORIES
The third broad grouping of AECs includes valuable small surface water supply watersheds and public water
supply well fields.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(3)a, 113A-124;
Eff. September 9, 1977.
.0402 SIGNIFICANCE
(a) These vulnerable, critical water supplies, if degraded, could adversely affect public health or require
substantial monetary outlays by affected communities for alternative water source development.
(b) Uncontrolled development within the designated boundaries of a watershed or well field site could cause
significant changes in runoff patterns or water withdrawal rates that may adversely affect the quantity and
quality of the raw water supply. Also, incompatible development could adversely affect water quality by
introducing a wide variety of pollutants from homes, businesses, or industries, either through subsurface
discharge, surface runoff, or seepage into the vulnerable water supply.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(3)a; 113A-124;
Eff. September 9, 1977.
.0403 MANAGEMENT OBJECTIVE FOR PUBLIC WATER SUPPLIES
The CRC objective in regulating development within critical water supply areas is the protection and
preservation of public water supply well fields and A -II streams and to coordinate and establish a management
system capable of maintaining public water supplies so as to perpetuate their values to the public health, safety,
and welfare.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(3)a; 113A-124;
Eff. September 9, 1977.
.0404 AECs WITHIN PUBLIC WATER SUPPLIES
Public water supplies as a broad category include two AECs: small surface water supply watersheds and
public water supply well fields. The following discussion includes the description and the land use standards
for each. Maps of these AECs are available at the CRC and the appropriate local minor development permit
office.
Note: Rules .0405 and .0406 of this Subchapter contain descriptions of four public water supply areas as
identified by the North Carolina Department of Environment, Health, and Natural Resources, Division of
Environmental Health.
HistoryNote: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(3)a, 113A-124,
Eff. September 9, 1977,-
Amended Eff. May 1, 1990,• November 1, 1984; January 24, 1978.
.0405 SMALL SURFACE WATER SUPPLY WATERSHEDS
(a) Description. These are catchment areas situated entirely within the coastal area which contain a water
body classified as A -II by the Environmental Management Commission. This means the maximum beneficial
use of these bodies of water is to serve as public water supply areas. The watershed of the A -II water bodies
has been identified by the North Carolina Department of Environment, Health, and Natural Resources for
designation by the CRC.
(b) Use Standards. The CRC or local designated official shall approve an application upon finding that the
project is in accord with the following minimum standards:
(1) Ground absorption sewage disposal systems shall be located a minimum of 100 feet from A -II
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surface waters.
(2) Development requiring a national pollution discharge elimination system (NPDES) permit will be
denied an AEC permit until the NPDES permit is secured.
(3) Land -disturbing activities (land clearing, grading, and surfacing) shall be in compliance with the
mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973 in G.S.
113A-57.
(4) In instances where a detailed hydrologic study of a small surface water supply watershed has been
made, more detailed standards may be applied.
(c) Designated Small Surface Water Supply Watersheds. The CRC has designated the following small surface
water supply watersheds and developed detailed standards as set out in this Paragraph:
(1) The fresh pond between Kill Devil Hills and Nags Head on Bodie Island and adjacent catchment
area. The Department of Environment, Health, and Natural Resources proposed the freshwater lake
on Bodie Island in Dare County as an area of environmental concern.
(A) Both the towns of Nags Head and Kill Devil Hills have water treatment plants which take their raw
water from the fresh water lake located between the two towns on Bodie Island. The lake is
approximately one-quartermile west of the U.S. 158 bypass. This fresh water lake is supplied by
groundwater from the surrounding landmass and rainfall.
(B) This area is near the Cape Hatteras National Seashore Recreation Area. In addition, Kill Devil
Hills is the site of the Wright Brothers Memorial, a national monument. As a major tourist
attraction this area draws people from across the east coast. Contamination of the water supply
could, therefore, have an effect not only on other areas of the state but the east coast as well.
(C) To adequately protect the fresh pond, it is necessary that construction of septic tanks and other
sources of pollution within the limits of the cone of depression be regulated as follows:
(i) Within 500 feet, horizontal distance of the edge of the pond, no construction of sewers, septic
tanks nitrification fields or other possible sources of pollution shall be permitted.
(ii) Between the distances of 500 feet and 1200 feet from the edge of the pond, construction of
septic tank systems shall be limited to one single septic tank system serving a single family
residence not to exceed four bedrooms or its equivalent volume of sewage, on a lot or tract of
land not less than 40,000 square feet.
(2) The Toomers Creek Watershed. The Department of Environment, Health, and Natural Resources
proposed the Toomers Creek at Wilmington in New Hanover County as an area of environmental
concern. Toomers Creek is a tributary to the Cape Fear River and is classified as Class A -II swamp
waters suitable as a source of water supply for drinking, culinary, or food processing purposes after
approved treatment equal to coagulation, sedimentation, filtration, and disinfection, etc., and any
other usage requiring waters of lower quality. Toomers Creek is utilized by the City of Wilmington
as an auxiliary supply of raw water for drinking purposes.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(3)a, 113A-124,
Eff. September 9, 1977;
Amended Eff. May 1, 1990; September 1, 1988, November 1, 1984; February 18, 1980.
.0406 PUBLIC WATER SUPPLY WELL FIELDS
(a) Description. Public water supply well fields are areas of well -drained sands that extend downward from
the surface into the shallow ground water table which supplies the public with potable water. These surficial
well fields are confined to a readily definable geographic area as identified by the North Carolina Department
of Environment, Health, and Natural Resources with assistance and support from affected local governments.
(b) Use Standards. Development within these AEC's shall be consistent with the following minimum
standards:
(1) No ground absorption sewage disposal or subsurface pollution injection systems shall be placed
within the designated AEC boundary except to replace systems existing as of July 24, 1987;
(2) Development shall not significantly limit the quality or quantity of the public water supply or the
amount of rechargeable water;
(3) The development shall not cause salt water intrusion or result in the discharge of toxic or soluble
contaminants into standing or groundwater; and
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.(4) Groundwater absorption sewage treatment systems may also be used within the AEC boundary if
each of the following provisions are met:
(A) the system is serving development on a lot that was platted of record as of July 24, 1987;
(B) there is no other economically viable method of waste treatment for the permittable development
of such lot;
(C) there is no space outside the boundaries of the AEC on the lot upon which the treatment system
could be located; and
(D) the Division of Environmental Health, Department of Environment, Health, and Natural
Resources, prior to the CAMA permit decision, reviews and approves the proposed system as
complying with existing guidelines.
(c) Designated public water supply well field. The CRC has designated the following as a public water
supply well field which shall be subject to the use standards as set out in Paragraph (b) of this Rule:
(1) Cape Hatteras Well Field. The Cape Hatteras Water Association is supplied with raw water from
a well field located south of N.C. 12 on Hatteras Island between Frisco and Buxton. The area of
environmental concern is bounded by a line located 1,000 feet from the centerlines of three tracts.
The first tract is identified as "well field" on maps entitled "Cape Hatteras Wellfield Area of
Environmental Concern" approved by the Coastal Resources Commission on July 24, 1987, and
extends approximately 12,000 feet west from Water Association Road. The second tract is
conterminous with the first tract, is identified as "future well field" on said maps and extends
approximately 8,000 feet to the east of Water Association Road. The third tract is identified as
"future well field" on said maps and extends approximately 6,200 feet along the National Park
Service boundary east of Water Association Road. The aquifer beneath the tracts serves as the sole
source of drinking water for the communities of Avon, Buxton, Frisco, and Hatteras as well as the
national seashore recreation area. The wetlands, swales, and surface waters adjacent to the well field
provide a large source of recharge and are a potential vehicle for contaminants. Due to these facts
contamination of the water supply could have an adverse effect on people other than the local
residents of Hatteras Island. Water-bome disease organisms could be easily transported to other
areas of the state or the east coast by tourists who are attracted to the area daily.
HistoryNote: Statutory Authority G.S.113A-107(a); 113A-107(b); 113A-113(b)(3)a.; 113A-124,
Eff September 9, 1977;
Amended Eff. April 1, 1995; May 1, 1990,• October 1, 1987; November 1, 1984.
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SECTION .0600 - DEVELOPMENT STANDARDS APPLICABLE TO ALL AECs
.0601 NO VIOLATION OF ANY RULE
No development shall be allowed in any AEC which would result in a contravention or violation of any rules,
regulations, or laws of the State of North Carolina or of local government in which the development takes place.
History Note: Statutory Authority G. S. 113A-107(a), (b); 113A-124;
Eff. September 9, 1977.
.0602 POLLUTION OF WATERS
No development shall be allowed in any AEC which would have a substantial likelihood of causing pollution
of the waters of the state in which shellfishing is an existing use to the extent that such waters would be
officially closed to the taking of shellfish. This rule shall also apply to development adjacent to or within closed
shellfish waters when a use attainability study of those waters documents the presence of a significant shellfish
resource in an area that could be expected to be opened for shellfishing given reasonable efforts to control the
existing sources of pollution.
History Note: Statutory Authority G.S. 113A-107(a), (b); 113A-124;
Eff. September 9, 1977;
Amended Eff. July 1, 1987.
.0603 MINIMUM ALTITUDES
No development involving airspace activity shall be allowed in any AEC which would result in violation of
minimum altitude standards adopted by the Federal Aviation Administrationand codified at 14 CFR Part 91.79.
Future amendments by the Federal Aviation Administration shall be deemed to be incorporated into this Rule
pursuant to G.S. 15011-14(c) unless the Commission objects within 90 days of publication of the action in the
Federal Register. Upon objection by the Commission to a change, the Commission shall initiate rule -making
proceedings on incorporation of the amendment into this Rule. The amendment will not be incorporated into
this Rule pending a rule -making hearing and final action by the Commission on the proposed amendment.
History Note: Statutory Authority G.S. 113A-107(a), (b);
Eff. March 1, 1990.
.0604 NOISE POLLUTION
Except as required for safe aircraft takeoff and landing operations, airspace activity associated with coastal
development shall not impose an increase in average noise exceeding 10 dBA above background levels. Noise
measurements shall be normalized Ldn as set forth by the Environmental Protection Agency in its report
550/9-74-004 entitled Information on Levels of Environmental Noise Requisite to Protect the Public Health and
Welfare with an Adequate Margin of Safety. The maximum noise level associated with any single event shall
not exceed 85 dBA. These limits shall not apply where noise impacts are confined to surface areas owned or
controlled by the project's proponent. Any noise monitoring required to ensure compliance with this Rule shall
be the responsibility of the proponent.
History Note: Statutory Authority G. S. 113A-107(a), (b);
Eff. March 1, 1990.
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EHNR - COASTAL MANAGEMENT T15A: 07H .0700
SECTION .0700 - TECHNICAL APPENDIX 1: DEFINITIONS FOR PUBLIC TRUST AREAS
.0701 MEAN HIGH WATER
.0702 MEAN WATER LEVEL
HistoryNote: Statutory Authority G.S. 113A-107(a), (b); 113A-113(b)(5);
Eff. September 9, 1977;
Repealed Eff. November 1, 1984.
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SECTION .0800 - TECHNICAL APPENDIX 2: OCEAN HAZARD AREAS
.0801 PHYSICAL PROCESSES IN OCEAN HAZARD AREAS
.0802 DYNAMIC EQUILIBRIUM
.0803 BEACHES
.0804 SAND DUNES
.0805 SEDIMENT TRANSPORT
.0806 INLETS
.0807 WASHOVER AREAS
HistoryNote: Statutory Authority G.S.113A-107(a),(b); 113A-113(b)(6)a,(b)(6)b; (b)(6)d,
E, f: September 9, 1977;
Repealed Eff. November 1, 1984.
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SECTION .0900 - TECIINICAL APPENDIX 3: INLET LANDS
.0901 IDENTIFICATION PROCEDURE FOR INLET LANDS
.0902 DESIGNATION OF NON -STABILIZED INLETS
HistoryNote: Statutory Authority G.S. 113A-107(a), (b); 113A-113(b)(6)d;
E, f i September 9, 1977;
Amended E,ff. January 24, 1978;
Repealed Eff. September 15, 1979.
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EHNR - COASTAL MANAGEMENT T15A: 07H .1000
SECTION .1000 - TECHNICAL APPENDIX 4: PUBLIC WATER SUPPLIES
.1001 SMALL SURFACE WATER SUPPLY WATERSHEDS
.1002 PUBLIC WATER SUPPLY WELL FIELDS
.1003 BIBLIOGRAPHY
HistoryNote: Statutory Authority G.S. 113A-107(a), (b); 113A-113(a), (b)(3)a;
Eff. September 9, 1977;
Amended Eff. February 18, 1980;
RepealedEff. . November 1, 1984.
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EHNR - COASTAL MANAGEMENT T15A: 07H .1100
SECTION .1100 - GENERAL PERMIT FOR CONSTRUCTION OF BULKHEADS AND THE
PLACEMENT OF RIPRAP FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC
TRUST WATERS
1101 PURPOSE
This permit will allow the construction of bulkheads and the placement of riprap for shoreline protection in
the public trust waters and estuarine waters AECs 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.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984.
.1102 APPROVAL PROCEDURES
(a) The applicant must contact the Division of Coastal Management and complete an application form
requesting approval for development. The applicant shall provide information on site location, dimensions of
the project area, and his name and address.
(b) The applicant must 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. Such notice should 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 ten days of receipt of the notice, and, indicate that no response will be
interpreted as no objection. DCM staff will 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, the
applicant will be notified 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 appropriate Division of Coastal
Management representative so that the proposed bulkhead alignment can be appropriately marked. Written
authorization to proceed with the proposed development may be issued during this visit. Construction of the
bulkhead or riprap structure must begin within 90 days of this visit or the general authorization expires and it
will be necessary to re-examine the alignment to determine if the general authorization can be reissued.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984,
Amended Eff. January 1, 1990; December 1, 198Z
.1103 PERMIT FEE
The applicant must pay a permit fee of fifty dollars ($50.00) by check or money order payable to the
Department.
HistoryNote: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-119,
113A-124,
Eff. March 1, 1984;
Amended Eff. March 1, 1991.
.1104 GENERAL
(a) This permit authorizes only the construction of bulkheads and the placement of riprap conforming to the
standards herein.
(b) Individuals shall allow authorized representatives of the Department of Environment, Health, and Natural
Resources to make periodic inspections at any time deemed necessary in order to be sure that the activity being
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EHNR - COASTAL MANAGEMENT T15A: 07H .1100
performed under authority of this general permit is in accordance with the terms and conditions prescribed
herein.
(c) There shall be no significant interference with navigation or use of the waters by the public by the
existence of the bulkhead or the riprap authorized herein.
(d) This general permit will not be applicable to proposed construction when the Department determines after
any necessary investigations, that the proposed activity would adversely affect areas which possess historic,
cultural, scenic, conservation, or recreational values.
(e) This general permit will not be applicable to proposed construction where the Department determines that
the proposed activity might significantly affect the quality of the human environment, or unnecessarily endanger
adjoining properties. In those cases, individual permit applications and review of the proposed project will be
required according to 15A NCAC 7J.
(f) This permit does not eliminate the need to obtain any other required state, local, or federal authorization.
(g) Development carried out under this permit must be consistent with all local requirements, AEC
Guidelines, and local land use plans current at the time of authorization.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984;
Amended Eff. May 1, 1990; December 1, 1987;
RRC Objection due to ambiguity Eff. May 19, 1994.
Amended Eff. July 1, 1994.
.1105 SPECIFIC CONDITIONS
(a) This general permit is applicable only along shorelines void of wetland vegetation including marsh grass
and wooded swamp, or where all construction is to be accomplished landward of such vegetation.
(b) Along natural shorelines e.g. rivers, creeks, bays, sounds, etc., bulkheads and riprap material must be
positioned as follows:
(1) Bulkheads must be positioned so as not to exceed more than an average distance of 2 feet waterward
of the mean high water mark, or the normal water level contour, whichever is applicable. In no case
shall the bulkhead be positioned more than 5 feet waterward of the mean high water or normal water
level contour at any point along its alignment.
(2) Riprap must be positioned so as not to exceed a maximum of 5 feet waterward of the mean high
water mark or normal water level contour at any point along its alignment. This location standard
also applies to riprap proposed waterward of the existing bulkheads.
(c) Along shorelines within upland basins, canals, and ditches, bulkheads or riprap material must be
positioned so as not to exceed more than an average distance of 5 feet waterward of the mean high water mark
or the normal water level contour, whichever is applicable. In no case shall the bulkhead or riprap be
positioned more than 10 feet waterward of the mean high water or normal water level contour at any point along
its alignment. For the purpose of these Rules, the Atlantic Intracoastal Waterway (AIVM is considered a
natural shoreline and development must occur as described in 7H .1105(b).
(d) Construction authorized by this general permit will be limited to a maximum shoreline length of 500 feet.
(e) All backfill material shall be obtained from an upland source.
(f) The bulkhead must be constructed, or the riprap must be in place prior to any backfilling activities.
(g) The bulkhead or riprap must be structurally tight so as to prevent seepage of backfill materials through
the structure.
(h) Riprap material shall be free from loose dirt or any other pollutant. It must be of a size sufficient to
prevent its movement from the site by wave or current action.
(i) Riprap material must consist of clean rock or masonry materials such as but not limited to granite or
broken concrete. Materials such as tires, car bodies, scrap metal, paper products, tree limbs, wood debris,
organic material or similar material, are not considered riprap.
0) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by department personnel. No excavation is permitted except for that which may
be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not
authorize any excavation waterward of the approved alignment.
(k) Bulkheads or riprap shall not extend beyond established alignments nor restrict the original width of the
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canal or basin.
(1) If one contiguous acre or more of property is to be excavated or filled, an erosion and sedimentation
control plan must be filed with the Division of Land Resources, Land Quality Section, or appropriate local
government having jurisdiction. This plan must be approved prior to commencing the land -disturbing activity.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124,
Ef. .. March 1, 1984;
Amended Ef. .. December 1, 1991; January 1, 1989; December 1, 198Z
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EHNR - COASTAL MANAGEMENT T15A: 07H .1200
SECTION .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 7J .1100 and according to the following guidelines. This permit will not apply to the
Ocean Hazard AEC.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124,
Eff. March 1, 1984.
.1202 APPROVAL PROCEDURES
(a) The applicant must contact the Division of Coastal Management and complete an application form
requesting approval for development. The applicant shall provide information on site location, dimensions of
the project area, and his name and address.
(b) The applicant must 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. Such notice should 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 ten days of receipt of the notice, and, indicate that no response will be
interpreted as no objection. DCM staff will 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, the
applicant will be notified that he must submit an application for a major development permit.
(c) Approval of individual projects will be acknowledged in writing by the Division of Coastal Management
and the applicant shall be provided a copy of this Section.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124,
Eff. March 1, 1984;
Amended Eff. January 1, 1990.
.1203 PERMIT FEE
The applicant must pay a permit fee of fifty dollars ($50.00) by check or money order payable to the
Department.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-119,
113A-124;
Ef .. March 1, 1984,
Amended Eff. March 1, 1991.
.1204 GENERAL CONDITIONS
(a) Structures authorized by this permit shall be non-commercial structures conforming to the standards
herein.
(b) Individuals shall allow authorized representatives of the Department of Environment, Health, and Natural
Resources to make periodic inspections at any time deemed necessary in order to be sure that the activity being
performed under the authority of this general permit is in accordance with the terms and conditions prescribed
herein.
(c) There shall be no unreasonable interference with navigation or use of the waters by the public by the
existence of piers, docks and boat houses.
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EHNR - COASTAL MANAGEMENT T15A: 07H .1200
(d) This general permit will not be applicable to proposed construction when the Department determines, after
any necessary investigations, that the proposed activity would adversely affect areas which possess historic,
cultural, scenic, conservation or recreational values.
(e) This general permit will not be applicable to proposed construction where the Department believes that
the proposed activity might significantly affect the quality of the human environment, or unnecessarily endanger
adjoining properties. In those cases, individual permit applications and review of the proposed project will be
required according to 15A NCAC U
(f) This permit does not eliminate the need to obtain any other required state, local, or federal authorization.
(g) Development carried out under this permit must be consistent with all local requirements, AEC
Guidelines, and local land use plans current at the time of authorization.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984;
Amended Eff. May 1, 1990;
RRC Objection due to ambiguity Eff. May 19, 1994;
Amended Ef .. July 1, 1994.
.1205 SPECIFIC CONDPTIONS
(a) Piers, docks, and boat houses may extend or be located up to a maximum of 400 feet from the mean high
water contour line, or the normal water level, whichever is applicable.
(b) Piers, docks, and boat houses shall not extend beyond the established pier length along the same shoreline
for similar use. This restriction shall not apply to piers 200 feet or less in length unless necessary to avoid
unreasonable interference with navigation or other uses of the waters by the public.
(c) Piers and docks shall be elevated over coastal wetlands and shall not exceed 6 feet in width.
(d) Boat houses shall have open sides and have a floor area not to exceed 500 square feet.
(e) Piers alignments along federally maintained channels must meet Corps of Engineers guidelines.
(f) Piers, docks, and boat houses shall in no case extend more than 1/3 the width of a natural water body or
man-made canal or basin.
(g) Piers, docks and boat houses 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 the adjacent property lines extended into the
water at the points that they intersect the shoreline. The minimum setbacks provided in the rule 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, dock, or boat house. 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.
(h) Piers and docks may have "T" heads or platforms not exceeding 500 square feet built at their waterward
end and not covering any vegetated wetland areas.
(i) For all new or replacement floating facilities, flotation units shall be constructed of material which will
not become waterlogged or sink when punctured.
0) This general permit is not applicable on ocean beaches.
(k) Piers, and mooring facilities shall be designed to provide docking space for no more than 4 boats.
(I) Docks and piers shall not significantly interfere with shellfish franchises or leases.. Applicants for
authorization to construct a dock or pier shall provide notice of the permit application to the owner of any part
of a shellfish franchise or lease over which the proposed dock or pier would extend.
History Note: Statutory Authority G. S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984;
Amended Eff. December 1, 1991; May 1, 1990; March 1, 1990,•
RRC Objection due to ambiguity Eff. March 18, 1993;
Amended Eff. April 23, 1993.
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SECTION .1300 - GENERAL PERMIT TO MAINTAIN: REPAIR AND CONSTRUCT BOAT
RAMPS ALONG ESTUARINE SHORELINES AND INTO ESTUARINE AND PUBLIC TRUST
WATERS
.1301 PURPOSE
This permit will allow the construction of boat ramps of suitable materials along estuarine shorelines and into
estuarine and public trust waters AECs according to the authority provided in Subchapter 7J .1100 and
according to the following guidelines. This permit will not apply to the Ocean Hazard AEC.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124,
Eff. March 1, 1984.
.1302 APPROVAL PROCEDURES
(a) The applicant must contact the Division of Coastal Management and complete an application form
requesting approval for development. The applicant shall provide information on site location, dimensions of
the project area, and his name and address.
(b) The applicant must 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. Such notice should 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 ten days of receipt of the notice, and, indicate that no response will be
interpreted as no objection. DCM staff will 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, the
applicant will be notified 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 appropriate Division of Coastal
Management representative so that the proposed boat ramp alignment can be appropriately marked. Written
authorization to proceed with the proposed development will be issued during this visit. Construction of the
boat ramp structure must begin within 90 days of this visit or the general authorization expires.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124,
E .. March 1, 1984;
Amended Eli January 1, 1990.
.1303 PERMIT FEE
The applicant must pay a permit fee of fifty dollars ($50.00) by check or money order payable to the
Department.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-119;
113A-124,
Eff. March 1, 1984;
Amended Ejf. March 1, 1991.
.1304 GENERAL CONDITIONS
(a) Structures authorized by this permit shall be non-commercial boat ramps constructed of acceptable
material and conforming to the standards herein.
(b) Individuals shall allow authorized representatives of the Department of Environment, Health, and Natural
Resources to make periodic inspections at any time deemed necessary in order to be sure that the activity being
performed under authority of this general permit is in accordance with the terms and conditions prescribed
herein.
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(c) There shall be no unreasonable interference with navigation or public use of the waters during or after
construction.
(d) This general permit will not be applicable to proposed construction when the Department determines, after
any necessary investigations, that the proposed activity would adversely affect areas which possess historic,
cultural, scenic, conservation or recreational values.
(e) This general permit will not be applicable to proposed construction where the Department believes that
the proposed activity might significantly affect the quality of the human environment, or unnecessarily endanger
adjoining properties. In those cases, individual permit applications and review of the proposed project will be
required according to 15A NCAC 7J.
(f) This permit does not eliminate the need to obtain any other required state, local, or federal authorization.
(g) Development carried out under this permit must be consistent with all local requirements, AEC guidelines,
and local land use plans current at the time of authorization.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124,
Eff. March 1, 1984;
Amended Eff. May 1, 1990,
ARC Objection due to ambiguity E.. May 19, 1994;
Amended Eff. July 1, 1994.
.1305 SPECIFIC CONDITIONS
(a) Boat ramps shall be no wider than 15 feet and must not extend farther than 20 feet below the mean high
water level contour in tidal areas, or the normal water level contour in nontidal areas.
(b) Excavation and ground disturbing activities above and below the mean high water level or normal water
level will be limited to that absolutely necessary to establish adequate ramp slope and provide a ramp no greater
in size than specified by this general permit.
(c) Placement of fill materials below the mean high water level, or normal water level contour, will be limited
to the ramp structure itself. Boat ramps may be constructed of concrete, wood, steel, clean riprap, marl, or any
other acceptable materials as approved by department personnel. No coastal wetland vegetation shall be
excavated or filled at any time during construction and subsequent use of the proposed ramp.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984.
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SECTION .1400 - GENERAL PERMIT FOR CONSTRUCTION OF WOODEN GROINS IN
ESTUARINE AND PUBLIC TRUST WATERS
.1401 PURPOSE
This permit will allow the construction of wooden groins in the estuarine and public trust waters AECs
according to the authority provided in Subchapter 7J .1100 and according to the following guidelines. This
general permit shall not apply to the ocean hazard AEC.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124,
Eff. March 1, 1984.
.1402 APPROVAL
(a) The applicant must contact the Division of Coastal Management and complete an application form
requesting approval for development. The applicant shall provide information on site location, dimensions of
the project area, and his name and address.
(b) The applicant must 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. Such notice should 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 ten days of receipt of the notice, and, indicate that no response will be
interpreted as no objection. DCM staff will 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, the
applicant will be notified that he must submit an application for a major development permit. -
(c) Approval of individual projects will be acknowledged in writing by the Division of Coastal Management
and the applicant shall be provided a copy of this Section.
History Note: Statutory Authority G.S. 113A-107(a);
Eff. March 1, 1984,
Amended Eff. May 1, 1990,• January 1,
.1403 PERMIT FEE
113A-107(b); 113A-113(b); 113A-118.1; 113A-124,
1990.
The applicant must pay a permit fee of fifty dollars ($50.00) by check or money order payable to the
Department.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-119,
113A-124,
Eff. March 1, 1984;
Amended Eff. March 1, 1991.
.1404 GENERAL CONDITIONS
(a) Structures authorized by this permit shall be simple, wooden groins conforming to the standards herein.
(b) Individuals shall allow authorized representatives of the Department of Environment, Health, and Natural
Resources to make periodic inspections at any time deemed necessary in order to be sure that the activity being
performed under authority of this general permit is in accordance with the terms and conditions prescribed
herein.
(c) There shall be no significant interference with navigation or use of the waters by the public by the
existence of wooden groins authorized herein.
(d) This general permit will not be -applicable to proposed constructionwhen the Department determines, after
any necessary investigation, that the proposed activity would adversely affect areas which possess historic,
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cultural, scenic, conservation or recreational values.
(e) This general permit will not be applicable to proposed construction where the Department believes that
the proposed activity might significantly affect the quality of the human environment, or unnecessarily endanger
adjoining properties. In those cases, individual permit applications and review of the proposed project will be
required according to Subchapter 7J.
(f) This permit does not eliminate the need to obtain any other required state, local, or federal authorization.
(g) Development carried out under this permit must be consistent with all local requirements, AEC
Guidelines, and local land use plans current at the time of authorization.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; I13A-124,
Eff. March 1, 1984;
Amended E&.. May 1, 1990;
RRC Objection due to ambiguity Eff. May 16, 1994;
Amended Eff. July 1, 1994.
.1405 SPECIFIC CONDITIONS
(a) Groins shall not extend more than 25 feet waterward of the mean high water or normal water level unless
a longer structure can be justified by site specific conditions, sound engineering and design principles.
(b) Groins shall be set back a minimum of 15 feet from the adjoining property lines. This setback may be
waived by 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 groin commences, the applicant
shall obtain a written agreement with the new owner waiving the minimum setback and submit it to the
permitting agency prior to initiating any development of the groin.
(c) The height of groins shall not exceed 1 foot above mean high water or the normal water level.
(d) No more than two structures shall be allowed per 100 feet of shoreline unless the applicant can provide
evidence that more structures are needed for shoreline stabilization.
(e) "L" and "T" sections shall not be allowed at the end of groins.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 1I3A-124,
Eff. March 1, 1984.
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EHNR - COASTAL MANAGEMENT T15A: 07H .I500
SECTION .1500 - GENERAL PERMIT FOR EXCAVATION WITHIN OR CONNECTING TO
EXISTING CANALS: CHANNELS: BASINS: OR DITCHES IN ESTUARINE WATERS:
PUBLIC TRUST WATERS: AND ESTUARINE SHORELINE AEC'S
.1501 PURPOSE
This permit will allow excavation within existing canals, channels, basins and ditches in estuarine and public
trust waters for the purpose of maintaining previous water depths and creating new boat basins from
non -wetland areas that will be used for private, non-commercial activities. This general permit is being
developed according to the "procedures outlined in Subchapter 7J .1100, and will apply to the estuarine waters
and public trust waters areas of environmental concern.
History Note: Statutory Authority G.S. 113A-107(a), (b); 113A-113(b); 113A-118.1; 113-229(cl);
Eff. July 1, 1984,
Amended Eff. December 1, 1987
.1502 APPROVAL PROCEDURES
(a) The applicant must contact the Division of Coastal Management and complete an application form
requesting approval for development. Applicants shall provide their name and address, the site location and
the dimensions of the project area.
(b) The applicant must 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. Such notice should 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 ten days of receipt of the notice, and, indicate that no response will be
interpreted as no objection. DCM staff will 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, the
applicant will be notified that he must submit an application for a major development permit.
(c) No work shall begin until an onsite meeting is held with the applicant and a Division of Coastal
Management representative to inspect and mark the proposed area of excavation and spoil disposal. Written
authorizationto proceed with the proposed development can be issued during this site visit. All excavation must
be completed within 90 days of the date of permit issuance, or the general authorization expires.
History Note: Statutory Authority G.S. 113A-107(a), (b); 113A-113(b); 113A-118.1; 113-229(cl);
Eff. July 1, 1984;
Amended Eff. January 1, 1990; December 1, 1987.
.1503 APPLICATION FEE
The applicant must pay a permit fee of fifty dollars ($50.00) by check or money order payable to the
Department.
History Note: Statutory Authority G.S. 113A-107(a), (b); 113A-113(b); 113A-118.1; 113A-119,• 113A-124;
Eff. July 1, 1984;
Amended Eff. March 1, 1991.
.1504 GENERAL CONDITIONS
(a) Individuals shall allow authorized representatives of the Department of Environment, Health, and Natural
Resources to make periodic inspections at any time necessary to ensure that the activity being performed under
authority of this general permit is in accordance with the terms and conditions prescribed herein.
(b) This general permit will not be applicable to proposed excavation when the Department determines that
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the proposed activity would adversely affect areas which possess historic, cultural, scenic, conservation or
recreational values.
(c) This general permit will not be applicable to proposed maintenance excavation when the Department
determines that the proposed activity will adversely affect adjacent property.
(d) This general permit will not be applicable to proposed excavation where the Department believes that the
proposed activity might significantly affect the quality of the environment, or unnecessarily endanger adjoining
properties. In such cases an individual permit application and review of the proposed project maybe initiated
using the application forms, fees and procedures required by 15A NCAC 71.
(e) This general permit authorizes maintenance excavation in canals, channels, basins and ditches within
primary nursery areas as designated by the Division of Marine Fisheries except as proscribed by other
provisions of this permit. Individual project requests will be evaluated on a case -by -case basis and coordinated
with appropriate Division of Marine Fisheries personnel. Individual projects will not be allowed during periods
of highest biological productivity.
(f) New basins within or with connections to primary nursery areas are not allowed.
(g) No new basins will be allowed that result in closure of shellfish waters according to the closure policy
of the Division of Environmental Health.
(h) This permit does not eliminate the need to obtain any other required state, local, or federal authorization,
nor, to abide by regulations adopted by any federal or other state agency.
(i) Development carried out under this permit must be consistent with all local requirements, AEC guidelines,
and local Land Use Plans current at the time of authorization.
History Note: Statutory Authority G.S. 113A-107(a), (b); 113A-113(b); 113A-118.1; 113-229(cl);
Eff. July 1, 1984;
Amended Eff. May 1, 1990; December 1, 1987;
RRC Objection due to ambiguity Eff. May 19, 1994;
Amended Eff. July 1, 1994.
.1505 SPECIFIC CONDITIONS
Proposed maintenance excavation must meet each of the following specific conditions to be eligible for
authorization by this general permit.
(1) New basins will be allowed only when they are located entirely in highground and join existing
man-made canals or basins.
(2) New basins will be no larger than 50' in either length or width and no deeper than the waters they
join.
(3) New basins must be for the private non-commercial use of the land owner.
(4) Maintenance excavation must involve the removal of no more than 1,000 cubic yards of material as
part of a single and complete project.
(5) All excavated material must be placed entirely on high ground above the mean high tide or ordinary
high water line, and above any marsh or other wetland.
(6) All spoil material must be stabilized or retained so as to prevent any excavated material from
re-entering the surrounding waters, marsh or other wetlands.
(7) The proposed project must not involve the excavation of any marsh, submerged aquatic vegetation,
or other wetlands.
(8) Maintenance excavation must not exceed the original dimensions of the canal, channel, basin or ditch
and in no case be deeper than 6 feet below mean low water or ordinary low water, nor deeper than
connecting channels.
(9) No excavation may occur during times designated by the N.C. Division of Coastal Management for
protection of fish, shellfish or wildlife resources.
(10) No maintenance excavation may take place within prime shellfish areas as designated by the N.C.
Division of Marine Fisheries.
(11) Proposed excavation must not promote or provide the opportunity for a change in existing land use
at the time of project review.
(12) New basins and canals must maintain required setbacks between septic tank systems and surface
waters.
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EHNR - COASTAL MANAGEMENT T15A: 07H .1600
SECTION .1600 - GENERAL PERMIT FOR THE INSTALLATION OF AERIAL AND
SUBAQUEOUS UTILITY LINES WITH ATTENDANT STRUCTURES IN COASTAL WETLANDS:
ESTUARINE WATERS: PUBLIC TRUST WATERS AND ESTUARINE SHORELINES
.1601 PURPOSE
This permit will allow for the installation of utility lines both aerially and/or subaqueously in the coastal
wetland, estuarine water, public trust water and estuarine shoreline AECs according to the authority provided
in Subchapter 71 A 100 and according to the following guidelines. This general permit shall not apply to the
ocean hazard AECs.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. March 1, 1985.
.1602 APPROVAL PROCEDURES
(a) The applicant must contact the Division of Coastal Management and complete an application form
requesting approval for development. The applicant shall provide information on site location, dimensions of
the project area, and his name and address.
(b) The applicant must 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. Such notice should 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 ten days of receipt of the notice, and, indicate that no response will be
interpreted as no objection. DCM staff will 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, the
applicant will be notified 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 appropriate Division of Coastal
Management representative so that the utility line alignment can be appropriately marked. Written authorizatim
to proceed with the proposed development will be issued during this visit. Construction on the utility line must
begin within twelve months of this visit or the general authorization expires.
History Note: Statutory Authority G.S. 113A-107(a)(b); 113A-113(b); 113A-118.1; 113A-229(cl);
Eff. March 1, 1985;
Amended Eff. January 1, 1990.
.1603 PERMIT FEE
The applicant must pay a permit fee of fifty dollars ($50.00) by check or money order payable to the
Department.
HistoryNote: Statutory Authority G. S. 113-229(cl); 113A-107(a) (b); 113A-113(b); 113A-118.1; 113A-119;
Eff. March 1, 1985,-
Amended Eff. March 1, 1991.
.1604 GENERAL CONDITIONS
(a) Utility lines for the purpose of this general permit or any pipes or pipelines for the transportation of
potable water, and any cable, line, or wire for the transmission, for any purpose, of electrical energy, telephone
and telegraph messages, and radio and television communication.
(b) There must be no resultant change in preconstructionbottom contours. Authorized fill includes only that
necessary to backfill or bed the utility line. Any excess material must be removed to an upland disposal area.
(c) The utility line crossing will not adversely affect a public water supply intake.
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EHNR - COASTAL MANAGEMENT T15A: 07H .1600
(d) The utility line route or construction method will not disrupt the movement of those species of aquatic life
indigenous to the waterbody.
(e) Individuals shall allow authorized representatives of the Department of Environment, Health, and Natural
Resources to make periodic inspections at any time necessary to ensure that the activity being performed under
authority of this general permit is in accordance with the terms and conditions prescribed herein.
(f) This general permit will not be applicable to proposed excavation when the Department determines that
the proposed activity would adversely affect areas which possess historic, cultural, scenic, conservation or
recreational values.
(g) This general permit will not be applicable to proposed installation where the Department believes that the
proposed activity might significantly affect the quality of the environment or unnecessarily endanger adjoining
properties. In such cases an individual permit application and review of the proposed project may be initiated
using the application forms, fees and procedures required by 15A NCAC 7J.
(h) This permit does not eliminate the need to obtain any other required state, local, or federal authorization,
nor, to abide by regulations adopted by any federal or other state agency.
(i) Development carried out under this permit must be consistent with all local requirements, AEC guidelines,
and local Land Use Plans current at the time of authorization.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. March 1, 1985;
Amended Eff. May 1, 1990;
RRC Objection due to ambiguity Eff. May 19, 1994,
Amended Eff. July 1, 1994.
.1605 SPECIFIC CONDITIONS
Proposed utility line installations must meet each of the following specific conditions to be eligible for
authorization by this general permit:
(1) All spoils which are permanently removed must be placed on a highground disposal site and
stabilized so as not to return to waters, marsh or other wetlands.
(2) Any additional backfill material required must be clean sand or rock free of organic matter.
(3) Cuts through wetlands must be minimized.
(4) Finished grades or subaqueous or wetland crossing must be returned to preproject contours.
(5) There can be no work within any productive shellfish beds.
(6) No excavation or filling activities will be permitted between April 1 and September 30 of any year
within any designated primary nursery area.
(7) Subaqueous lines must be placed at a depth of 6' below the project depth of federal projects. In
other areas they will be installed at a minimum depth of 2' below the bottom contour.
(8) The minimum clearance for aerial communication lines or any lines not transmitting electricity will
be 10' above the clearance required for bridges in the vicinity.
(9) The minimum clearance for aerial electrical transmission lines shall be consistent with those
established by the U.S. Army Corps of Engineers and U.S. Coast Guard.
(10) The installation of a utility line on pipe bents or otherwise above the elevation of mean high or mean
ordinary water must be of sufficient height to allow for traditional navigation in the water body.
Additionally the utility line must not interfere with the waterflow of normal or flood waters.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a) (b); 113A-113(b); 113A-118.1;
Eff. March 1, 1985.
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SECTION .1700 - GENERAL PERMIT FOR EMERGENCY WORK REQUIRING A CAMA
AND/OR A DREDGE AND FILL PERMIT
.1701 PURPOSE
This permit allows work necessary to protect property and/or prevent further damage to property caused by
a sudden or unexpected natural event or structural failure which imminently endangers life or structure. For
the purposes of this general permit, major storms such as hurricanes, northeasters or southwesters may be
considered a sudden unexpected natural event although such storms may be predicted and publicized in advance.
HistoryNote: Authority G.S. 113-229(cl); 113A-107(a), (b); 113A-113(b); 113A-118.1;
Eff. November 1, 1985.
.1702 APPROVAL PROCEDURES
(a) Any person wishing to undertake development in an area of environmental concern necessary to protect
life or endangered structures will notify the Division of Coastal Management or Local Permit Office (LPO)
when a possible emergency situation exists.
(b) The applicant may qualify for approval of work described in this permit after an onsite inspection by the
LPO or Division of Coastal Management Field Consultant and upon his findings that the proposed emergency
work requires a CAMA and/or Dredge and Fill permit. The LPO shall issue the permit if the required
emergency measures constitute minor development.
(c) Once the LPO or Consultant determines that the applicant's proposed project may qualify for an
emergency permit, he shall consult with the applicant and assist him in preparing an application. The applicant
shall include a sketch showing existing conditions and the proposed work.
(d) The applicant for an emergency permit must take all reasonable steps to notify adjacent riparian
landowners of the application, and prior to receiving a permit will certify by signing the permit the following:
(1) that a copy of the application and sketch has been served on all adjacent riparian landowners, or if
service of a copy was not feasible, that the applicant has explained the project to all adjacent riparian
landowners;
(2) that the applicant has explained to all adjacent riparian landowners that they have a right to oppose
the issuance of a permit by filing objections with the local CAMA permit officer or with the
Secretary of the Department of Environment, Health, and Natural Resources;
(3) that, as to adjacent riparian landowners not contacted, the applicant has made a reasonable attempt
to contact them and furnish them with the required information.
(e) All work authorized by this general permit will cease after thirty days from the date of issuance.
History Note: Authority G.S. 113-229(cl); 113A-107(a), (b); 113A-113(b); 113A-118.1;
Eff. November 1, 1985;
Amended Eff. May 1, 1990.
.1703 PERMIT FEE
The agency shall not charge a fee for permitting work necessary to respond to emergency situations.
History Note: Authority G.S. 113-229(cl); 113A-107(a), (b); 113A-113(b); 113A-118.1;
113A-119,
Eff. : November 1, 1985,
Amended Eff. October 1, 1993; March 1, 1991.
.1704 GENERAL CONDITIONS
(a) Work permitted by means of an emergency permit shall be subject to the following limitations:
(1) No work shall begin until an onsite meeting is held with the applicant and appropriate Division of
Coastal Management representative so that the proposed emergency work can be appropriately
marked. Written authorization to proceed with the proposed development can be issued during this
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visit.
(2) No work shall be permitted other than that which is necessary to reasonably protect against or reduce
the imminent danger caused by the emergency to restore the damaged property to its condition
immediately before the emergency, or to re-establish necessary public facilities or transportation
corridors.
(3) Any permitted erosion control projects shall be located no more than 20 feet waterward of the
endangered structure.
(4) Fill materials used in conjunction with emergency work for storm or erosion control shall be
obtained from an upland source. Excavation below MHW in the Ocean Hazard AEC may be
allowed to obtain material to fill sandbags used for emergency protection.
(5) Structural work shall meet sound engineering practices.
(6) This permit allows the use of oceanfront erosion control measures for all oceanfront properties
without regard to the size of the existing structure on the property or the date of construction.
(b) Individuals shall allow authorized representatives of the Department of Environment, Health, and Natural
Resources to make inspections at any time deemed necessary to be sure that the activity being performed under
authority of this general permit is in accordance with the terms and conditions prescribed herein.
(c) There shall be no unreasonable interference with navigation or public use of the waters during or after
construction.
(d) This general permit will not be applicable to proposed constructionwhen the Department determines, after
any necessary investigations, that the proposed activity would adversely affect areas which possess historic,
cultural, scenic, conservation, or recreational values.
(e) This general permit will not be applicable to proposed construction where the Department believes that
the proposed activity might significantly affect the quality of the human environment, or unnecessarily endanger
adjoining properties. In those cases, individual permit applications and review of the proposed project will be
required according to 15A NCAC 7J.
(f) This permit does not eliminate the need to obtain any other state, local, or federal authorization.
(g) Development carried out under this permit must be consistent with all local requirements, CAMA rules,
and local land use plans, storm hazard mitigation, and post -disaster recovery plans current at the time of
authorization.
History Note: Authority G.S. 113-229(cl); 113A-107(a), (b); 113A-113(b); 113A-118.1;
Eff. November 1, 1985,
Amended Eff. December 1, 1991; May 1, 1990;
RRC Objection due to ambiguity Ejf. May 19, 1994;
Amended Eff. July 1, 1994.
.1705 SPECIFIC CONDITIONS
(a) Temporary Erosion Control Structures in the Ocean Hazard AEC.
(1) Permittable temporary erosion control structures shall be limited to sandbags placed above mean high
water and parallel to the shore.
(2) Temporary erosion control structures as defined in Subparagraph (1) of this Paragraph may be used
only to protect imminently threatened roads and associated right of ways, and buildings and
associated septic systems. A structure will be considered to be imminently threatened if its
foundation, septic system, or, right-of-way in the case of roads, is less than 20 feet away from the
erosion scarp. Buildings and roads located more than 20 feet from the erosion scarp or in areas
where there is not obvious erosion scarp may also be found to be imminently threatened when site
conditions, such as a flat beach profile or accelerated erosion, tend to increase the risk of imminent
damage to the structure.
(3) Temporary erosion control structures may be used to protect only the principal structure and its
associated septic system, but not such appurtenances as gazebos, decks or any amenity that is
allowed as an exception to the erosion setback requirement.
(4) Temporary erosion control structures may be placed seaward of a septic system when there is no
alternative to relocate it on the same or adjoining lot so that it is landward of or in line with the
structure being protected.
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(5) Temporary erosion control structures must not extend more than 20 feet past the sides of the
structure to be protected. The landward side of such temporary erosion control structures shall not
be located more than 20 feet seaward of the structure to be protected or the right-of-way in the case
of roads.
(6) The permittee shall be responsible for the removal of remnants of all or portions of any damaged
temporary erosion control structure.
(7) A temporary erosion control structure may remain in place for up to two years after the date of
approval if it is protecting a building with a total floor area of 5000 sq. ft. or less, or, for up to five
years if the building has a total floor area of more than 5000 sq. ft. A temporary erosion control
structure may remain in place for up to five years if it is protecting a bridge or a road. The property
owner shall be responsible for removal of the temporary structure within 30 days of the end of the
allowable time period. A temporary erosion control structure may remain in place for up to five
years regardless of the size of the structure if the community in which it is located is actively
pursuing a beach nourishment project. For purposes of this Rule, a community is considered to be
actively pursuing a beach nourishment project if it has:
(i) been issued a CAMA permit approving such project, or
(ii) been deemed worthy of further consideration by a U.S. Army Corps of Engineers' Beach
Nourishment Reconnaissance Study, or
(iii) received a favorable economic evaluation report on a federal project approved prior to 1986.
(8) Once the temporary erosion control structure is determined to be unnecessary due to relocation or
removal of the threatened structure, it must be removed by the permittee within 30 days.
(9) Removal of temporary erosion control structures shall not be required if they are covered by dunes
with vegetation sufficient to be considered stable and natural.
(10) Sandbags used to construct temporary erosion control structures shall be tan in color and three to five
feet wide and seven to 15 feet long when measured flat. Base width of the structure shall not exceed
20 feet, and the height shall not exceed six feet.
(11) Soldier pilings and other types of devices to anchor sandbags shall not be allowed.
(12) Excavation below mean high water in the Ocean Hazard AEC may be allowed to obtain material to
fill sandbags used for emergency protection.
(13) Construction of a temporary erosion control structure shall be approved only once on any property
regardless of ownership.
(14) Existing sandbag structures may be maintained provided that the permitted dimensions are not
exceeded.
(15) Existing sandbag structures that have been properly installed prior to May 1, 1995 shall be allowed
to remain in place according to the provisions of Subparagraphs (7), (8) and (9) of this Paragraph
with the pertinent time periods beginning on May 1, 1995.
(b) Erosion Control Structures in the Estuarine Shoreline, Estuarine Waters, and Public Trust AECs. Work
permitted by this general permit shall be subject to the following limitations:
(1) no work shall be permitted other than that which is necessary to reasonably protect against or reduce
the imminent danger caused by the emergency or to restore the damaged property to its condition
immediately before the emergency;
(2) the erosion control structure shall be located no more than 20 feet waterward of the endangered
structure;
(3) fill material used in conjunction with emergency work for storm or erosion control in the Estuarine
Shoreline, Estuarine Waters and Public Trust AECs shall be obtained from an upland source.
(c) Protection, Rehabilitation, or Temporary Relocation of Public Facilities or Transportation Corridors.
(1) Work permitted by this general permit shall be subject to the following limitations:
(A) no work shall be permitted other than that which is necessary to reasonably protect against or
reduce the imminent danger caused by the emergency or to restore the damaged property to its
condition immediately before the emergency;
(B) the erosion control structure shall be located no more than 20 feet waterward of the endangered
structure;
(C) any fill materials used in conjunction with emergency work for storm or erosion control shall be
obtained from an upland source except that dredging for fill material to protect public highways
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or other structures of public interest will be considered on a case -by -case basis;
(D) all fill, materials or structures associated with temporary relocations which are located within
Coastal Wetlands, Estuarine Water, or Public Trust AECs shall be removed after the emergency
event has ended and the area restored to pre -disturbed conditions.
(2) This permit only authorizes the immediate protection or temporary rehabilitation or relocation of
existing public facilities. Long-term stabilizationor relocation of public facilities shall be consistent
with local governments' post -disaster recovery plans and policies which are part of their Land Use
Plans.
History Note: Authority G.S. 113-229(cl); 113A-107(a), (b); 113A-113(b); 113A-118.1;
Eff. November 1, 1985,
Amended Eff. February 1, 1996,• June 1, 1995.
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EHNR - COASTAL MANAGEMENT T15A: 07H .1800
SECTION .1800 - GENERAL PERMIT TO ALLOW BEACH BULLDOZING LANDWARD OF
THE MEAN HIGH WATER MARK IN THE OCEAN HAZARD AEC
.1801 PURPOSE
This permit will allow beach bulldozing needed to reconstruct or repair frontal and/or primary dune systems.
For the purpose of this general permit, beach bulldozing is defined as the process of moving natural beach
material from any point seaward of the first line of stable vegetation to repair damage to frontal and/or primary
dunes caused by a major storm event. This general permit is being developed according to the procedures
outlined in Subchapter 7J .1100 and will apply only to the Ocean Erodible AEC. This general permit shall not
apply to the Inlet Hazard AEC.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. December 1, 198Z
.1802 APPROVAL PROCEDURES
(a) The applicant must contact the Division of Coastal Management or local permit officer (LPO) and
complete an application form requesting approval for development. The applicant shall provide information
on site location, dimensions of the project area, and his name and address.
(b) The applicant must 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. Such notice should 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 ten days of receipt of the notice, and, indicate that no response will be
interpreted as no objection. DCM staff will 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, the
applicant will be notified 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 appropriate LPO or Division
of Coastal Management representative so that the existing first line of stable natural vegetation can be
appropriately marked and recorded on the application. Written authorization to proceed with the proposed
development may be issued during this visit. All bulldozing must be completed within 30 days of the date of
permit issuance or the general authorization expires.
History Note: Statutory Authority G. S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. December 1, 1987,•
Amended Eff. January 1, 1990.
.1803 PERMIT FEE
The applicant must pay a permit fee of fifty dollars ($50.00) by check or money order payable to the
Department.
History Note: Statutory Authority G. S.
113A-119;
Eff. December 1, 1987,•
Amended Eff. March 1,
.1804 GENERAL
113-229(c)(1); 113A-107(a)(b); 113A-113(b); 113A-118.1;
1991.
(a) Any future setback determinations which may be required shall be made using the first line of stable
natural vegetation established prior to the bulldozing activity.
(b) Individuals shall allow authorized representatives of the Department of Environment, Health, and Natural
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Resources to make periodic inspections at any time deemed necessary to ensure that the activity being performed
under authority of this general permit is in accordance with the terms and conditions prescribed herein.
(c) This general permit will not be applicable to proposed construction when the Department determines after
any necessary investigation that the proposed activity would adversely affect areas which possess historical,
cultural, scenic, conservation or recreational values. If a shipwreck is unearthed, all work shall stop and both
the Division of Archives and history and Coastal Management shall be contacted immediately.
(d) This general permit will not be applicable to proposed construction where the Department believes that
the proposed activity might significantly affect the quality of the human environment or unnecessarily endanger
adjoining properties. In those cases, individual permit application and review of the proposed project will be
required according to 15A NCAC 7J.
(e) This general permit does not convey any rights, either in real estate or material and does not authorize
any injury to property or invasion of rights of others.
(f) This permit does not eliminate the need to obtain any other required state, local or federal authorization.
(g) Development carried out under this permit must be consistent with all local requirements, AEC guidelines,
and local Land Use Plans current at the time of authorization.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. December 1, 1987,•
Amended Eff. May 1, 1990;
RRC Objection due to ambiguity Eff. May 19, 1994;
Amended Eff. July 1, 1994.
.1805 SPECIFIC CONDITIONS
(a) The area in which this activity is being performed must maintain a slope of adequate grade so as to not
endanger the public or the public's use of the beach and should follow the pre -emergency slopes as closely as
possible. The movement of material by a bulldozer, front-end loader, backhoe, scraper or any type of earth
moving or construction equipment shall not exceed 1 foot in depth measured from the pre -activity surface
elevation.
(b) The activity must not exceed the lateral bounds of the applicant's property unless he has the written
permission of the adjoining landowner(s).
(c) Movement of material from seaward of the mean high water line is not authorized.
(d) The activity must not significantly increase erosion on neighboring properties and must not have a
significant adverse effect on important natural or cultural resources.
(e) Adding to dunes shall be accomplished in such a manner that the damage to existing vegetation is
minimized. The fill areas will be immediately replanted or temporarily stabilized until planting can be
successfully completed.
(f) In order to minimize adverse impacts to nesting sea turtles, no work shall occur within the period of May
1 through November 15 of any year.
(g) If one contiguous acre or more of oceanfront property is to be excavated or filled, an erosion and
sedimentation control plan must be filed with the Division of Land Resources, Land Quality Section, or
appropriate local government having jurisdiction. This plan must be approved prior to commencing the land
disturbing activity.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. December 1, 1987.
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EHNR - COASTAL MANAGEMENT T15A: 07H .1900
SECTION .1900 - GENERAL PERMIT TO ALLOW FOR TEMPORARY STRUCTURES
WITHIN ESTUARINE AND OCEAN HAZARD AECS
.1901 PURPOSE
This permit will allow for the placement of temporary structures within estuarine and ocean hazard AECs
according to the provisions provided in Subchapter 7J .1100 and according to the guidelines in this Subchapter.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. March 1, 1989.
.1902 APPROVAL PROCEDURES
(a) The applicant must contact the Division of Coastal Management and complete a general permit application
form requesting approval for development. Applicants shall provide information on site location, dimensions
of the project area, proposed activity, name, address, and telephone number.
(b) The applicant must 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. Such notice should 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 ten days of receipt of the notice, and, indicate that no response will be
interpreted as no objection. DCM staff will 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, the
applicant will be notified that he must submit an application for a major development permit.
(c) No work shall begin until an onsite meeting is held with the applicant and a Division of Coastal
Management representative to inspect and mark the site of construction of the proposed development. Written
authorization to proceed with the proposed development may be issued by the Division during this visit. All
work must be completed and the structure removed within 180 days following the day written authorization is
issued.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. March 1, 1989,
Amended Eff. January 1, 1990.
.1903 PERMIT FEE
The applicant must pay a permit fee of fifty dollars ($50.00) by check or money order payable to the
Department.
HistoryNote: StatutoryAuthorityG.S. 113-229(c)(1);113A-107(a)(b);113A-113(b); 113A-118.1; 113A-119-
Ef: March 1, 1989;
Amended Eff. March 1, 1991.
.1904 GENERAL CONDITIONS
(a) Temporary structures for the purpose of this general permit are those which are constructed within the
ocean hazard or estuarine system AECs and because of dimensions or functions do not meet the criteria of the
existing general permits (i.e. are not a bulkhead, pier, rip -rap, groin, etc.).
(b) There shall be no encroachment oceanward of the first line of stable vegetation within the ocean hazard
AEC except for the placement of auxiliary structures such as signs, fences, posts, pilings, etc.
(c) There shall be no fill activity below the plane of mean high water associated with the structure.
(d) The structure shall not be located in such a manner that will directly or indirectly adversely impact coastal
wetlands.
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EHNR - COASTAL MANAGEMENT TISA: 07H .1900
(e) The structure shall not disrupt the movement of those species of aquatic life indigenous to the waterbody.
(f) Individuals shall allow authorized representatives of the Department of Environment, Health, and Natural
Resources to make periodic inspections at any time necessary to ensure that the activity being performed under
authority of this general permit is in accordance with the terms and conditions prescribed herein.
(g) This general permit will not be applicable to proposed structures when the Department determines that
the proposed activity would adversely affect areas which possess historic, cultural, scenic, conversation or
recreational values.
(h) This general permit will not be applicable when the Department determines that the proposed activity
might significantly affect the quality of the environment or unnecessarily endanger adjoining properties. In such
cases an individual permit application and review of the proposed project may be initiated using the application
forms, fees, and procedures required by 15A NCAC W.
(i) This permit does not eliminate the need to obtain any other state, local or federal authorization, nor, to
abide by regulations adopted by any federal, state, or local agency.
0) Development carried out under this permit must be consistent with all local requirements, and local land
use plans current at the time of authorization.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b); 133A-113(b); 113A-118.1;
Eff. March 1, 1989;
Amended Eff. May 1, 1990, March 1, 1990,
RRC Objection due to ambiguity Eff. May 19, 1994,
Amended Eff. July 1, 1994.
.1905 SPECIFIC CONDITIONS
Proposed temporary structures must meet each of the following specific conditions to be eligible for
authorization by the general permit:
(1) All aspects of the structure shall be removed and the site returned to -pre -project conditions at the
termination of this general permit.
(2) There shall be no work within any productive shellfish beds.
(3) The proposed project shall not involve the disturbance of any marsh, submerged aquatic vegetation,
or other wetlands including excavation and/or filling of these area's.
(4) The proposed activity shall not involve the disruption of normal navigation and transportation
channels and shall be properly marked to prevent being a hazard to navigation.
(5) The proposed project shall not serve as a habitable place of residence.
(6) There shall be no adverse disturbance of existing dune structures.
(7) Development carried out under this permit shall not exceed one acre in size in accordance with 15A
NCAC 2H .1002(1) and 15A NCAC 2H .1003(a)(1).
(8) No sewage disposal system will be allowed without a permit authorized by either the Division of
Environmental Health or the Division of Environmental Management.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. March 1, 1989,•
Amended Eff. May 1, 1990.
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EHNR - COASTAL MANAGEMENT TISA: 07H .2000
SECTION .2000 - GENERAL PERMIT FOR AUTHORIZING MINOR MODIFICATIONS
AND REPAIR TO EXISTING PIER/MOORING FACILITIES IN ESTUARINE
AND PUBLIC TRUST WATERS
.2001 PURPOSE
This permit will allow for reconfiguration, minor modifications, repair and improvements to existing pier and .
mooring facilities in estuarine waters and public trust areas according to the authority provided in Subchapter
7J .1100 of this Chapter and according to the following guidelines. This permit will not apply to the Ocean
Hazard AEC.
History Note: Statutory Authority G.S. 113A-107,• 113A-118.1;
Eff. October 1, 1993.
.2002 APPROVAL PROCEDURES
(a) The applicant must contact the Division of Coastal Management and complete an application form
requesting approval for development. The applicant shall provide information on site location, dimensions of
the project area, and his/her name and address.
(b) The applicant must provide:
(1) a dated plat(s) showing existing development and the proposed development; and
(2) confirmation that:
(A) a written statement has been obtained and signed by the adjacent riparian property owners
indicating that they have no objections to the proposed work; or
(B) the adjacent property owners have been notified by certified mail of the proposed work. Such
notice shall instruct adjacent property owners to provide any continents on the proposed
development in writing for consideration by permitting officials to the Division of Coastal
Management within ten days of receipt of the notice, and, indicate that no response will be
interpreted as no objection.
(C) DCM staff will review all comments. If DCM determines that:
(i) the comments are relevant to the potential impacts of the proposed project; and
(ii) the permitting issues raised by the comments are worthy of more detailed review, the applicant
will be notified that he/she must submit an application for a major development permit.
(c) Approval of individual projects will be acknowledged in writing by the Division of Coastal Management
and the applicant shall be provided a copy of this Section. Construction authorized by this permit must be
completed within 90 days of permit issuance or the general authorization expires and a new permit shall be
required to begin or continue construction.
History Note: Statutory Authority G.S. 113A-107,• 113A-118.1;
Eff. January 1, 1994.
.2003 PERMIT FEE
The applicant must pay a permit fee of fifty dollars ($50.00) by check or money order payable to the
Department.
History Note: Statutory Authority G.S. 113A-107,• 113A-118.1;
Eff. October 1, 1993.
.2004 GENERAL CONDITIONS
(a) Structures authorized by this permit shall conform to the standards herein.
(b) Individuals shall allow authorized representatives of the Department of Environment, Health, and Natural
Resources to make periodic inspections at any time deemed necessary in. order to be sure that the activity being
performed under the authority of this general permit is in accordance with the terms and conditions prescribed
herein.
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EHNR - COASTAL MANAGEMENT T15A: 07H .2000
(c) There shall be no unreasonable interference with navigation or use of the waters by the public by the
existence of piers or mooring pilings.
(d) This general permit will not be applicable to proposed constructionwhen the Department determines, after
any necessary investigations, that the proposed activity would adversely affect areas which possess historic,
cultural, scenic, conservation or recreational values.
(e) This general permit will not be applicable to proposed construction where the Department believes that
authorizationmay be warranted, but that the proposed activity might significantly affect the quality of the human
environment, or unnecessarily endanger adjoining properties. In those cases, individual permit applications and
review of the proposed project will be required according to 15A NCAC W.
(f) This permit does not eliminate the need to obtain any other required state, local, or federal authorization.
(g) Development carried out under this permit must be consistent with all local requirements, AEC
Guidelines, and local land use plans current at the time of authorization.
,(h) This general permit will not be applicable where the Department determines that the proposed
modification will result in closure of waters to shellftshing under rules adopted by the Commission for Health
Services.
History Note: Statutory Authority G.S. 113A-107; 113A-118.1;
Eff. January 1, 1994.
.2005 SPECIFIC CONDITIONS
(a) All proposed work must be carried out within the existing footprint of the development with no increase
in the number of slips nor any change in the existing use. "Existing footprint" is defined as the area delineated
by the outer most line of tie pilings, ends of piers, and upland basin or area within an enclosing breakwater,
whichever is greater.
(b) Modifications to piers and mooring 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(s) or piling(s) and the adjacent
property lines extended into the water at the points that they intersect the shoreline. The minimum setbacks
provided in the rule 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(s) or piling(s) 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. 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 a line of the channel so that it intersects with the
shore at the point the upland property line meets the water's edge. When shoreline configuration is such that
a perpendicular alignment cannot be achieved, the pier shall be aligned to meet the intent of this rule to the
maximum extent practicable.
History Note: Statutory Authority G.S. 113A-107; 113A-118.1;
Eff. October 1, 1993.
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EHNR -'COASTAL MANAGEMENT T15A: 07H .210.0
SECTION .2100 - GENERAL PERMIT FOR CONSTRUCTION OF MARSH
ENHANCEMENT BREAKWATERS FOR SHORELINE PROTECTION IN
ESTUARINE AND PUBLIC TRUST WATERS
.2101 PURPOSE
This permit will allow the construction of offshore parallel breakwaters, made from wood, plastic lumber, or
metal sheet piling for shoreline protection in conjunction with existing or created coastal wetlands. This permit
will only be applicable where a shoreline is experiencing erosion in public trust areas and estuarine waters
according to authority provided in 15A NCAC 7J .1100 and according to the following guidelines. This permit
will not apply within the ocean hazard AEC, the inlet hazard AEC, or waters adjacent to these AEC's.
History Note: Statutory Authority G.S. 113A-107,• 113A-118.1;
Eff. June 1, 1994.
.2102 APPROVAL PROCEDURES
(a) The applicant must contact the Division of Coastal Management and complete an application form
requesting approval for development. The applicant shall provide information on site location, dimensions of
the project area, and his name and address.
(b) The applicant must 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. Such notice shall instruct adjacent property owners to provide any comments on the
proposed developmentin writing for considerationby 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 will 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, the
applicant will be notified 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 appropriate Division of Coastal
Management representative so that the proposed breakwater alignment can be appropriately marked. Written
authorization to proceed with the proposed development may be issued during this visit. Construction of the
breakwater must begin within 90 days of this visit or the general authorization expires and it will be necessary
to re-examine the alignment to determine if the general authorization can be reissued.
History Note: Statutory Authority G.S. 113A-107,• 113A-118.1;
Eff. June 1, 1994.
.2103 PERMIT FEE
The applicant must pay a permit fee of fifty dollars ($50.00). This fee maybe paid by check or money order
made payable to the Department.
History Note: Statutory Authority G.S. 113A-107,• 113A-118.1;
Eff. June 1, 1994.
.2104 GENERAL CONDITIONS
(a) This permit authorizes only the construction of breakwaters conforming to the standards herein.
(b) Individuals shall allow authorized representatives of the Department of Environment, Health, and Natural
Resources to make periodic inspections at any time deemed necessary in order to be sure that the activity being
performed under authority of this general permit is in accordance with the terms and conditions prescribed
herein.
(c) There shall be no significant interference with navigation or use of the waters by the public by the
existence of the breakwater authorized herein.
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(d) This general permit will not be applicable to proposed construction when the Department determines after
any necessary investigations, that the proposed activity would adversely affect areas which possess historic,
cultural, scenic, conservation, or recreational values.
(e) This general permit will not be applicable to proposed construction where the Department determines that
authorizationmay be warranted, but that the proposed activity might significantly affect the quality of the human
environment, or unnecessarily endanger adjoining properties. In those cases, individual permit applications and
review of the proposed project will be required according to 15A NCAC 7J.
(f) This permit does not eliminate the need to obtain any other required state, local, or federal authorization.
(g) Development carried out under this permit must be consistent with all local requirements, AEC
Guidelines, and local land use plans current at the time of authorization.
History Note: Statutory Authority G.S. 113A-107,• 113A-118.1;
RRC Objection due to ambiguity Eff. May 19, 1994;
Eff. July 1, 1994.
.2105 SPECIFIC CONDPPIONS
(a) The breakwater shall be positioned no more than 20 feet waterward of the mean high water or normal
water level contour (whichever is applicable) or 20 feet waterward of the waterward edge of existing emergent
wetlands at any point along its alignment. For narrow waterbodies (canals, creeks, etc.) the breakwater
alignment shall not be positioned offshore more than one sixth (1/6) the width of the waterbody.
(b) Breakwaters authorized under this General Permit shall be allowed only in waters that average less than
three feet in depth along the proposed alignment as measured from the mean high water or normal water level
contour.
(c) 'Where Department Staff determine that insufficient coastal marsh exists along the permittee's shoreline
to provide adequate shoreline stabilization, the permittee shall be required to plant appropriate coastal marsh
landward of the breakwater structure as directed by Department Staff.
(d) Construction authorized by this general permit will be limited to a maximum length of 500 feet.
(e) The breakwater shall be constructed with an equal gap between each sheathing board totaling at least one
inch of open area every linear foot of breakwater. The breakwater shall have at least one five foot opening at
every 100 feet. The breakwater sections shall be staggered and overlap as long as the five foot separation
between sections is maintained. Overlapping sections shall not overlap more than 10 feet.
(f) The height of the breakwater shall not exceed six inches above mean high water or the normal water level.
(g) Offshore breakwater sections shall be set back 15 feet from the adjoining property lines and the riparian
access dividing line. The line of division 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. The set back may
be waived by written agreement of the adjacent riparian owner(s) or when the two adjoining riparian owners
are co -applicants. Should the adjacent property be sold before construction of the breakwater begins, 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 construction of the breakwater.
(h) Breakwaters shall be marked at 50 foot intervals with yellow reflectors extending at least three feet above
mean high water.
(i) No backfrll of the breakwater or any other fill of wetlands, estuarine waters, public trust areas, or
highground is authorized by this general permit.
0) No excavation of the shallow water bottom, any wetlands, or high ground is authorized by this general
permit.
(k) The breakwater must be constructed of treated wood, plastic lumber, metal sheet piles or other suitable
materials approved by Department personnel.
(1) Perpendicularsections, return walls, or sections which would enclose estuarine waters or public trust areas
shall not be allowed under this permit.
(m) The permittee will maintain the breakwater in good condition and in conformance with the terms and
conditions of this permit or the remaining breakwater structure shall be removed within 90 days of notification
from the Division of Coastal Management.
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EHNR - COASTAL MANAGEMENT T15A: 07H .2200
SECTION .2200 - GENERAL PERMIT FOR CONSTRUCTION OF FREE STANDING MOORINGS
IN ESTUARINE WATERS AND PUBLIC TRUST AREAS
.2201 PURPOSE
This permit shall allow the construction of freestanding moorings in the estuarine waters and public trust areas
AECs according to the procedures provided in 15A NCAC 7J .1100 and according to the rules in this Section.
This permit shall not apply to waters adjacent to the Ocean Hazard AEC.
History Note: Authority G.S. 113A-107; 113A-118.1;
E,ff. February 1, 1996.
.2202 APPROVAL PROCEDURES
(a) The applicant must contact the Division of Coastal Management and complete an application form
requesting approval for development.
(b) The applicant must provide:
(1) information on site location, dimensions of the project area, and his/her name and address;
(2) a dated plat(s) showing existing and proposed development; and
(3) confirmation that:
(A) a written statement has been obtained and signed by the adjacent riparian property owners
indicating that they have no objections to the proposed work; or
(B) the adjacent riparian property owners have been notified by certified mail of the proposed work.
Such 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 shall be
interpreted as no objection. DCM staff shall review all comments. If DCM determines that:
(i) the comments are relevant to the potential impacts of the proposed project; and
(ii) the permitting issues raised by the comments are worthy of more detailed review, the applicant
shall be notified that he/she must submit an application for a major development permit.
(c) Approval of individual projects shall be acknowledged in writing by the Division of Coastal Management
and the applicant shall be provided a copy of this Section. Construction authorized by this permit must be
completed within 90 days of permit issuance or the general authorization expires and a new permit shall be
required to begin or continue construction.
History Note: Authority G.S. 113A-107,• 113A-II8.1;
Ef. . February 1, 1996.
.2203 PERMIT FEE
The applicant must pay a permit fee of fifty dollars ($50.00). This fee may be paid by check or money order
made payable to the Department.
History Note: Authority G.S. 113A-107,• 113A-118.1.; 113A-119,
E,ff. February 1, 1996.
.2204 GENERAL CONDITIONS
(a) A "freestanding mooring" is any means to attach a ship, boat, vessel, floating structure or other water
craft to a stationary underwater device, mooring buoy, buoyed anchor, or piling (as long as the piling is not
associated with an existing or proposed pier, dock, or boathouse).
(b) Freestanding moorings authorized by this permit shall be for the exclusive use of the riparian landowner(s)
in whose name the permit is issued, and shall not provide either leased or rented moorings or any other
commercial services.
(c) There shall be no unreasonable interference with navigation or use of the waters by the public by the
existence of freestanding moorings authorized by this permit.
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EHNR - COASTAL MANAGEMENT T15A: 07H .2200
(d) This general permit may not be applicable to proposed construction when the Department determines that
the proposal might significantly affect the quality of the human environment or unnecessarily endanger adjoining
properties. In those cases, individual permit applications and review of the proposed project shall be required
according to 15A NCAC 7J.
(e) Development carried out under this permit must be consistent with all local requirements, AEC Guidelines
in 7H .0100 et. seq. and local land use plans current at the time of authorization.
(f) Individuals shall allow authorized representatives of the Department of Environment, Health, and Natural
Resources to make periodic inspections at any time deemed necessary in order to be sure that the activity being
performed under the authority of this general permit is in accordance with the terms and conditions prescribed
herein.
(g) Freestanding mooring(s) shall not be transferable or assignable. Upon transfer of riparian property
ownership, the mooring(s) must be removed by the original permittee unless a new permit is issued to the new
riparian owner.
History Note: Authority G.S. 113A-107,• 113A-118.1;
Eff. February 1, 1996.
.2205 SPECIFIC CONDITIONS
(a) Freestanding moorings may be located up to a maximum of 400 feet from the mean high water line, or
the normal water line, whichever is applicable.
(b) Freestanding moorings along federally maintained channels must meet Corps of Engineers guidelines.
(c) Freestanding moorings in no case shall extend more than 1/3 the width of a natural water body or man-
made canal or basin.
(d) Freestanding mooring buoys and piles shall be evaluated based upon the arc of the swing including the
vessel to be moored. Moorings and the attached vessel shall not interfere with the access to any riparian
property, and shall have a minimum setback of 15 feet from the adjacent property lines extended into the water
at the points that they intersect the shoreline. The minimum setbacks provided in the rule 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 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 freestanding moorings. 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.
(e) The total number of docking/mooring facilities to be authorized via a CAMA General permit, a Certifncale
of Exemption or any combination of the two may not exceed four per property.
(f) Freestanding moorings shall not significantly interfere with shellfish franchises or leases. Applicants for
authorization to construct freestanding moorings shall provide notice of the permit application to the owner of
any part of a shellfish franchise or lease over which the proposed installation would extend.
(g) Freestanding moorings shall not be established in submerged cable/pipe crossing areas or in a manner
which interferes with the operation of an access through any bridge.
(h) Freestanding moorings shall be marked or colored in compliance with U.S. Coast Guard and N.C.
Wildlife Resource Commission requirements and the required marking maintained for the life of the mooring(s).
(i) Freestanding moorings must bear owner's name, vessel State registration numbers or U.S. Customs
Documentation numbers. Required identification must be legible for the life of the mooring(s).
0) The type of material used to anchor a proposed mooring buoy(s) must be non-polluting and of sufficient
weight and design to safely anchor the buoy and vessel.
(k) If use of any freestanding mooring authorized by this General permit is discontinued for a period of 12
months or more, it must be removed by the permittee.
(1) Mooring buoys authorized by this General permit must be a minimum 12" in diameter or otherwise be
designed to be easily recognized and not present a hazard to navigation.
(m) Existing freestanding moorings (i.e. buoys/pilings) maybe maintained in place for two years. However,
if the mooring(s) deteriorate or are damaged such that replacement is necessary during the two year period, the
mooring(s) then must comply with those guidelines of the Division in place at that time. In any event, existing
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T15A: 07H .2200
moorings must comply with these Rules within two years.
(n) This permit does not relieve the permit holder of the responsibility to ensure that all other State and
Federal permit requiremems are met prior to implementation of the project.
History Note: Authority G.S. 113A-107,• 113A-118.1;
Ef. .. February 1, 1996.
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EHNR - COASTAL MANAGEMENT T15A: 07H .2300
SECTION .2300 - GENERAL PERMIT FOR REPLACEMENT OF EXISTING BRIDGES AND
CULVERTS IN ESTUARINE WATERS, ESTUARINE SHORELINES, PUBLIC TRUST AREAS, AND
COASTAL WETLANDS
.2301 PURPOSE
A general permit for replacement of existing bridges and culverts in estuarine waters, estuarine shorelines, public
trust areas, and coastal wetlands shall be obtained pursuant to the rules in 15A NCAC 7J A 100 and this Section to
replace existing bridges and culverts in estuarine water, estuarine shoreline, public trust areas and coastal wetland
AECs.
History Note: Authority G.S. 113A-107,• 113A-118.1; 113A-124,
Eff. June 1, 1996.
.2302 APPROVAL PROCEDURES
(a) The applicant shall contact the Division of Coastal Management and complete an application form requesting
approval for development.
(b) The applicant shall provide:
(1) information on site location, detailed project description, and his/her name, address and telephone number;
(2) a dated scaled plat(s) showing existing and proposed development that follows the criteria outlined in 15A
NCAC 7J .0203, a completed Form DCM-MP-5; and
(3) confirmation that
(A) a written statement has been obtained and signed by the adjacent riparian property owners indicating
that they have no objections to the proposed work; or
(B) the adjacent riparian property owners have been notified by certified mail of the proposed work.
Such 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 shall be
interpreted as no objection. DCM staff shall review all comments. If DCM determines that:
(i) the comments are relevant to the potential impacts of the proposed project; and
(ii) the permitting issues raised by the comments are worthy of more detailed review, the applicant
shall be notified that he/she shall submit an application for a major development permit.
(c) Approval of individual projects shall be acknowledged in writing by the Division of Coastal Management and
the applicant shall be provided a copy of this Section. Construction authorized by this permit shall be completed
within one year of permit issuance or the general authorizationshall expire and a new permit shall be required to begin
or continue construction.
(d) No work shall begin until an onsite meeting is held with the applicant and a Division of Coastal Management
representative. Written authorization to proceed with the proposed development may be issued during this visit if
other approval procedure criteria have been met.
HistoryNote: Authority G.S. 113A-107,• 113A-118.1; 113A-124;
Eff. June 1, 1996. '
.2303 PERMIT FEE
The applicant shall pay a permit fee of fifty dollars ($50.00). This fee may be paid by check or money order made
payable to the Department.
History Note: Authority G.S. 113A-107; 113A-118.1; 113A-119; 113A-124,•
Eff. June 1, 1996.
.2304 GENERAL CONDITIONS
(a) Projects authorizedby this permit shall be demolition, removal, and replacementof existing bridges and culverts
along the existing alignment and conforming to the standards in this Rule. This permit shall be applicable only to
single bridge and culvert projects and shall not authorize temporary fill causeways or temporary bridges that may be
associated with bridge replacement projects.
NORTH CAROLINA ADMINISTRATIVE CODE 05129196 Page 1

EHNR - COASTAL MANAGEMENT T15A: 07H .2300
(b) The permittee shall allow authorized representatives of the Department of Environment, Health, and Natural
Resources (DEHNR) to make periodic inspections at any time deemed necessary in order to be sure that the activity
being performed under authority of this general permit is in accordance with the terms and conditions prescribed in
this Rule.
(c) This general permit shall not be applicable to proposed construction where DEHNR believes that authorization
may be warranted, but that the proposed activity might significantly affect the quality of human environment or
unnecessarily endanger adjoining properties.
(d) This general permit shall not be applicable to proposed construction where DEHNR determines, after any
necessary investigations, that the proposed activity would adversely affect areas which possess historic, cultural,
scenic, conservation, fisheries, water quality or recreational values.
(e) This permit shall not eliminate the need to obtain any other required state, local, or federal authorization.
(f) Development carried out under this permit shall be consistent with all local requirements, AEC guidelines, and
local land use plans current at the time of authorization.
(g) This permit shall not apply to projects that require work channels.
(h) Review of individual project requests shall be coordinated with appropriate Division of Marine Fisheries or
Wildlife Resources Commissionpersonnel. This may result in a constructionmoratorium during periods of significant
biological productivity or critical life stages.
(i) Development under this permit shall be carried out within existing Department of Transportation (DOT) right-
of-ways or on lands under the ownership of the applicant in the case of a non -DOT project.
Q) Bridge and culvert replacements shall be designed to minimize any adverse impacts to potential navigation or
use of the waters by the public.
(k) This permit shall apply only to projects involving repair or replacement of bridges and culverts currently
serving their intended function.
History Note: Authority G.S. 113A-107,• 113A-118.1; 113A-124;
Eff. June 1, 1996.
.2305 SPECIFIC CONDITIONS
(a) This general permit is applicable to bridge replacement projects spanning no more than 250 feet of estuarine
water, public trust area, and coastal wetland AECs.
(b) Existing roadway deck width shall not be expanded to create additional lanes.
(c) Replacement of existing bridges with new bridges shall not reduce vertical or horizontal navigational clearances.
(d) Bridge replacement projects shall not increase the vertical clearance to more than five feet above normal water
level (NWL) or normal high water (NHW), or by vertical clearance to more than 25 percent over the existing
clearance, whichever is greater.
(e) All demolition debris shall be disposed of in highground locations.
(f) Bridges and culverts shall be designed to allow passage of anticipated high water flows.
(g) Measures sufficient to restrain sedimentation and erosion shall be implemented at each site. These measures
shall be coordinated through the North Carolina Division of Land Resources.
(h) Limits of excavation and fill: Bridge or culvert replacement activities involving excavation or fill in wetlands,
public trust areas, and estuarine waters shall meet the following conditions:
(1) Replacing bridges with culverts shall not be allowed in primary nursery areas.
(2) The total area of public trust area, estuarine waters, and wetlands to be excavated or filled shall not exceed
2,500 square feet except that the wetland component shall not exceed 500 square feet.
(3) Culverts shall not be used to replace bridges with open water spans greater than 50 feet.
(4) There shall be no temporary placement or double handling of excavated or fill materials within waters or
vegetated wetlands.
(5) No excavated or fill material shall be placed at any time in any wetlands or surrounding waters outside of
the alignment of the fill area indicated on the work plat(s).
(6) All excavated materials shall be confined above NWL or NHW and landward of any wetlands behind
adequate dikes or other retaining structures to prevent spill -over of solids into any wetlands or surrounding
waters.
(7) Placement of fill shall be restricted to the widening of the approaches, or that which is necessary to install
culvert(s).
(8) No bridges with a clearance of four feet or greater above the NWL or NHW shall be allowed to be replaced
with culvert(s) unless the culvert design maintains the existing water depth, vertical clearance and horizontal
NORTH CAROLINA ADMINISTRATIVE CODE 05129196 Page 2

EHNR - COASTAL MANAGEMENT T15A: 07H .2300
clearance.
(9) If a bridge is being replaced by a culvert(s) then the width of the waterbody shall not be decreased by more
than 40 percent.
(10) Culvert inverts shall be set at least one foot below normal bed elevation to allow for fish passage.
History Note: Authority G.S. 113A-107,• 113A-118.1; 113A-124,
Eff. June 1, 1996.
NORTH CAROLINA ADMINISTRATIVE CODE 05129196 Page 3

" Ar'P-1 :-1997 1 : _;S Fprit9
TID
Stare of North Carolina-;
MIC.1i.�EL F. E.iSLEY neparlmeru of Justice
nROf++. �'EY G: tiER P. p, 90Y 62,
RAi_EIGN Dan Hectcr
cm;r0larcn:9 Division
� 7t o2 p1529 T:iePhOtr
FAX [phone]i
TO: Preston Pate; DCbi. ' lorehcall (,:rV
Stcve Bertton'Caroline Beliis. DC%L Ralcigh
Loie P dd}v?2ici: Ca! -awl}'. Geodetic Survey Sec tiun, -'.'forehead City
FROM: Dave Heeter f)
DATE: April 18, 1997
Imo• Responses to DeCarol 1t%iiliarrson Wriretl Irate o atories and Requests or
Production of DoCutneris
, inched is a draft of ti.e respen;e`: I i ;, p1eP n° to ate discovery' 1Ir. �Villialnson hzs Served On the D]S1sic-rl of C/iaStal '••:an;r,erile!:"., I !lave nOt 1'et _i7R17leT, rd all the Division's
MSponses, but aPpar2ne: a
tly have the G1.::C1_ ;li:nLS and information A,Will !feed to do so.
Please re 'ie`.t> } p s [
:e onsc haze 1ndlcatNd yc;u helped to nrepa e. They
Res, -lye on gage; 3 al; i } u are listed in
+ PCCStD:r �)7p Jii,l}' nlCe:'� tli".:1CL':
everything t0 tCL Sri Ov21'�� if .v
?rid Make scare ihCre a_TM 110 ,_rinL y!Ot;ILms iir itl::(JRsiSteBC!eS �l'z _',re nOi already aware. o-F
Pease Livt_ DIC VOLr rest mses ove. tb
'•b'.�.Ct:Cr.. i: di l thing er_- nornina. Over theG VC c:r rencil me at (9191 7;,-777o fce or (919;
i.nne. I'll be in nnvoff,ce
by 9:04 annon lrf- 7,.: liior ling. 111"Ujp have this read:for tRngOx r ,Sche^tc:rs si'_q.natture by late
Thanks. Cail me it you have an; cue,tiolls.
Post-W Far. Note 7671
DD-'
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From
Plwre a
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An ..:. '-�1-4:GC:itCt1('.: Aff.r;j)d!It'?;lC;iiJr. Gal�)1Q\'r`. �'j�

aF=-! L'_ : _-o Frig,
-ro _. N-13T. Ri=LE!G.N.
STATE OF NORTH CAROLIN'A
COUIN'T'Y Or BRUNS'%WK
LADANE. WILLIAMSON AND
ODELL DECAROL WILLIAMSON,
Petitioners
vs.
STATE OF NORTH CAR OLINA.
DEPART-MENT OF EN'VIRONIMENT,
HEAL I [, AIVD r1ATLRA i.
RESOURCES,
Respondent.
llv ITIE OF FILE OF
AD;,tL�IISTRAIIVE HEARINGS
96 EHR 1926
ES.,P_4L"d_F%E 5 OI SES T(
pEJ TIO'- MR;K�j SET OF
J—NTF rRIWQATORIES_ANTi REM "
FOR
TO: David E. Fox
Richard H. Vetter
Moore &: Van Allen, PLLC
P.O. Box 26507
Raleigh, NC 2761 I
Attorneys for LaD;ne & Odell DeCarot Williamson
I hereby serve upon you R.ESPONDE'N'I"S RESPONSES TO PLRTIONERS' FIRST
SET OF INTERROGATORIBS ?,ND REQUESTS FOR PRODUCTION OF DOCUINIFNTS.
This the _ day of April, i 997.
NUCHAEL F. EASLE`t'
Attorney General
David G. Heeter
Assistant Attorney General
Environment_?.1 Division
N.C. Department of Justice
P.O. Sox 629
Raleigh, NC 27602-0629
[phone]

,APR-le1 1=:36 FF:i:i�i TO ._. .��
GENERAL QBJ.i CTTQNS
The Respondent objects to the scope of the definitions and instructions which
preface Petitioner's Written Interrogatories and Requests for Production to the extent that they
attempt to impose requirements on the Respondent that exceed the requirements of the Rules of
Civil Procedure.
2. The Respondent further objects to the scope of Petitioners' Interrogatories and
Requests to the extent that they seek irdbrmation relating to: (1) information prepared or obtained
in anticipation of litigation or for trial; (2) information encompassed within the attomey-client
and work product privileges; or (3) any other information that is not properiy discoverable under
the Rules of Civil Procedure, State statutes, or common law.
The Respondent further objects to these Interrogatories and Requests to the extent
they seek documents and/or information that are not within r-he possession, custody, or control of
the Respondent.
4. The Respondent further objects to these Interrogatories to the extent they asstune
facts that do not exist or are incorrect.
The Respondent further objects to the Petitioners overbroad definition of
"Identify" which prefaces Petitioners' Interrogatories when used in conjunction with a person to
the extent it seeks the last known residential address and telephone number of any state employee
because such information is protected as confidential under N.C..G.S_ §§126-22 and 126-24.
6. The Respondent further objects to Petitioners overbroad definition of "Identify'
which prefaces Petitioners' Interrogatories when used in conjunction with a document to the

AFR-1 1995 1Z:"7 FFOM TO C. HGT. FALEIGH P..,_
3
extent it seeks "all known recipients of such documents" which is impossible to determine with
regard to a public document and is overbroad, burdensome, and oppressive.
The Respondent further objects to Petitioners' definition of "Describe in detail"
which prefaces Petitioners' Interrogatories to the extent that it is overbroad, burdensome, and
oppressive.
The Respondent further objects to PetitiOner: defirtion of "you" which prefaces
Petitioners' Interrogatories to the extent it includes any past employee, agent, or representative of
the Respondent and is overbroad, burdensome, and oppressive.
9. The State assurnes no duty to supplement its answers except Co the extent required
by Rule 26(e) of the Rules of Civil Procedure, The Stare reserves the rigi t io modify, amend or
add to its responses or objections.
To the extent applicable, the State incorporates by reference all of these General
Objections into its Responses below.
RESPONSES To 1- fFRRt1CmATA RIT5
Inte:TQgato�v 1 Identify any and ah persons providing information. on which the
responses to these interrogatories are based, and as to each such person, identify the
interrogatory(ies) for which such person or persons provided In OrIIla[iori.
z:-rS t •• The following persons ;vho are ffimlier idenr,'fied ii. Appendix ] provided
information in response to the following interrogatories:
Preston Pate - Interrogatories 2 to 11, 15 to 22 plus Requests 1 and 2;
Loie Priddy - Interrogatories 3 to 11;
Rick Carraway - Interrogatories 3 to 11.
Steve Benton - Interrogatories 2 to I I, 18 ro 22 plus Requests 1 and 2;

TO C'. MG-1. PPLE DUH R. 0=�
a
Caroline Beilis - Interrogatories 3, 3, and 9 to 1 i ;
John Parker - Irterrogatories
Doug Huggett - Interrogatories
Ed Brooks - Interrogatories
Bob Stroud - Interrogatories
jn?�rrob �, 2. Idea±ify each and ?�°e: r 1 Bison invoh•' d n any manner in the
processing and denial of tiie Permit Application, and with respect to each such Berson, describe
in detail the Mature of his/ner Tm: oivemeiit with the processing and denial of the Pe_*rrlit
Application.
i �pQt1Se� The following persons who are fcrt'r_er ide t P.ed in Appendix I were
involved in the processing and denial of the: Per it Application:
Ed Brooks - Accepted Permit Appication ;or processing, wrote Field Report; and
reexamined possible location of Williamson propern within Tubbs Inlet AEC after this became
an issue;
Bob Stroud - Saper,ised Ed Brooks and determined Williamson property is within. Tubbs
Inlet AEC after this became an issue;
Doug I- ugg—,.tt - Cffculated Perm", APiicat ion for r+e =ie?'- .'-,1d cornin<enE. reviewed
corurnents, made 1.1,quiries to Bob Stroud, Ed Brooks, Prestos; Pate, and possibly others after
possible location of Williamson properh within. Tubbs Inlet AEC beta e an issue, and drafted
denial letter:
John Parker - During reviev> of Permit Application questioned whether Williamson
property is located vvitliin- Tubbs Inlet AEC and rec-UnI fended denial of Permit Application;
Preston P?re - Deterrnined that Williamson property IN l c-ared within Tubbs In set AEC
after th;s became an issue and recOlirriended deaiai of Fetiriit Application;
Caroline BeOis - Reviewed delineations by DiVil ion of Coastal Management of Tubbs
Inlet AEC on blueprints of aerial photo-gaphs and discussed resuits with. Preston Pate and Doug
Huggett when possible location of Wiliiam.son property within Tubbs Inlet AEC became an
issue; and

pFF-1 -i9917 1 -RON TO C. 3G1'. F. LEIGH F.Q9G
Roger Schecter - Revie::ed dote rninatic%n by staff that Wiliiarason property is located
within Tubbs Inlet AEC dn-d si?ned letter denyirrg Petrtrit Application.
Intertagatory z Describe in detail the procedures established or followed to delineate
Inlet Hazard AECs th oughout t'r,e State of North Carolina from 1977 to the present, specifically
identlfving any and all changes to, `leparr:,res from, or alterations of those procedures as
established or developed, as well as a-ty and all chat:res, departures or alterations that are
anticipated or planned for the future.
eSP n52 In addition to its Z r.eral objec cns to Petitioners' I„te ragatores,
Respondent specifically objects to Petiticne. use OfTine word "proceduses" in Inter_rOgatory• 3.
"Procedures" as used in this context ca-i rnean either (a) the prOcesS or methodology utilized in
delineating the Inlet Hazard AECs or (b) the 1>aal steps followed in delineating such ?PCs.
Without Wal�'ln LhtS obje:.trOn. rr e-p0 :d•'.nt t', i utilized both men ; rigs to an effort to respond to
Interrogatory 3 as Iully and completely as possible.
The process or methodology followed ir; initially delineating the Iulet'_^iazatd AECs is
described in Loie Priddy and Rick Carra4•,,y,
ue_^�mr�er d2tiUIl5�n 1 ne CUasj�l P� t rccs c Yl't r lSeyterriber, 197.8?. The process or
methodology followed ,: subsea en#iy deliver t rg the I^let Ha rd ? ECs n 1981 is described in
Lpie Paddy to Ralph Cantral, I�;SA t ldtltn r" R TntPL Na7ad r�rzas (7arz 16. 1981) and the
arZ tc irrnen+s tl;ereto. Z ne 1981 delir_eaticn is set forth in what is rzfzrred to as the l 04
eg(xp4 to he i978 I. let Hazard Repo t. The dilcretrces ;, the processes or methodology
used Lo make the 1978 and 1981 predictions or delineations are expla steel in Loie Priddy's
'_ti:emorandum dated June 16, 19SL The A - for most i... �:-s deterntir eel by statistical
models derived from measurements taken from aerial photographs dating back to 1938 or so.
However. when insufficient data ,-4s avail ble fcr delineating the AEC for a specific
inlet, the recommeded AEC for the inlet was based upor. Mr. Hddy's best professional judgment
utilizing relict inlet ridge location, historic inlet ioeaiions, and strucrsaliy weak inlet areas.
Respondent is unaware of any changes to, departures from, or alterations of the processes or
methodology followed in delineating the Inlet Hazard AECs as described above.
In adopting the 1978 Inlet Hazard Report, as amended in 1981, the Coastal Resources
Commission followed its internal procedures for taking action on matters before it. In adopting
.and amending Rule ld `i ACAC 7H .0304(3) which defines and designates the Inlet Hazzard AEC,
the Coastal Resources Commission followed the applicable procedures in the Admitustrative
Procedures Act in effect at that time. Again, Respondent is unaware of anY changes to,
departures from, or alterations to the applicable internal Commission or APA procedures.
At various times and for various purposes. The Division of Coastal Management has
delineated the Inlet Hazard AECs for field usage on blueprints of aerial photographs showing

APR-18-19g? 1 :-8 FROM TJ _. MGT. F.HLFIGH P.i,7
certain information about the Ocean Hazard AECs. The process followed was to transfer the
delineations of the Inlet Hazard AECs to blueprints of aerial photographs after identifying
control points from which such delineations could be measured. There are no procedures which
apply to such inhouw delineations of the Inlet Hazard ABCs. The Divisions records of some of
these inhouse delineations are incomplete, but they were don: as part of the 1980, 1986, and
1996 Erosion Rate Updates adopted by the Coastal Resources Commission. Recently some of
these delineations were corrected because of inaccuracies.
Respondent specifically objects tc describing "all changes, departures, or alterations that
are anticipated or planned for the future" since they are in no way relevant to the subject mater of
the contested case and what may or may not occur in the future is purely speculative
Describe in detail each and every basis, scientific or otherwise, for or in
support of, and all assumptions underlying the various procedures followed in regard to
delineating Inlet F>azard AECs from 1977 to the present, and smcifically note each and every
such basis and all such assumptions underlying or supportintr any and all changes to, departures
from. or alterations of those procedures that have occurred during that time period, as we11 as any
and all anticipated or planned future changes in those procedures.
g&apnnce L In addition to its general objections, Respondent specifically objects to the
use of the word "procedures' in Interrogatory 4. "Procedures' as used in t L+s context can mean
ilized in delineating the inlet Hazard AECs or (b) the
either (a) the process or methodology ttnt
legal steps followed in delineating such AECs. Respondent understands Inta rogator�y 4 as
addressing the processes or methodology utilized in delineating the Inlet Hazard AECs-
Without waiving its objections. Respondent responds that the various bases Ier or
supporting the processes or methodology followed in delineatir-a t? e :niet Hazard kE
Care as
set forth in Response 3 and in the documents ideatiti d in Response 5. The Respondent is
unaware or"any changes to, departures frorri, or alterations of those processes or rethodology.
In addition to its general objections, Respondent specifically objects to describing "all
assumptions" underlying or supporting the various procedures because "assumptions" is vague
and overbroad, burdensome, and oppressive. Without waiving this objection, Respondent
responds that the basic assumption underlying the processes used in delineating the Inlet Hazard
AEC$ from 1977 to the present is that the past behavior of an inlet is a reasonable indicator of its
short -tern future behavior. This and other assumptions are identified as 'Basic Premises" in the
Loie Priddy to Ralph Cantrell, IvtemorAndr-M In lnle' Hazer; t�e—a� ('ur'e 16, 1981).
In addition to its general objecxions, Respondent specifically objects to describing the
bases and assumptions supporting "any and all anticipated or planned future changes in those

RPr-18-1'35" 1 =D FPQfl C t-16T. PH,-EIGH P. J1C
7
procedures" since they are in no way relevant to the subject matter of the contested case and what
may or may not happen in the future is purely speculative.
Interrogatory 5 Identify each and every document which you contend supports or
establishes the validity of the procedures followed in delineating the Inlet Hazard AECs from
1977 to the future, as well as every basis for and as.umption underlying or supporting those
procedures. and for each such document, identifi, the author or authors and state his/her
qualifications.
gesWnse,5- In addition to its general objections, Respondent specifically objects to the
rise of the word "procedures" in Interrogatory -5. "Procedures" as used in Ls context car. mean
either (a) the process or methodology utilized in delineating the Lnlet Hazard AECs or (b) the
legal steps following ir. delineating such AECs. without waiving this o> riection, Rcspondent has
utilized both meanings in an effort to respond to Intenogatory c as fully and completely as
possible.
Respondent specifically objects to identifying each and every document which establishes
the validity of the procedures followed in delineating the Inlet Hazard AECs from 1977 to the
"future". Any documents relating to any "future" delineations of the Inlet Ha-,ard AECs are in no
way relevant to the subject matter of the contested case and what may or lmay not occur in the
future is purely speculative.
Respondent specifically objects to identirying every "assumption" underlying or
supporting those procedures because such v�nn is vagueand such request is over_'road.
burdensome, and oppressive.
Without waiving its objectior'is_ Respondent responds that the illowti —g docur :eats
support or establish the validity of the processes or methodology vllowed ar.d the steps taken in
delineating the Inlet Hazard AECs:
Raw data developed by Loie Priddy .md Rick C2rraway which was used to determine the
statistical model for each or at least most of the inlet Hazard AECs based upon aerial
photography generally dating back to 1935:
Aerial photographs from which such raw data was derived;
Calculations done primarily by Loie Priddy based on the above ra„ data which were used
to locate the transacts shown on the delineations of the inlet Hazard AECs which appeared in the
1978 Inlet Hazard Report and 1981 Amendment;

1 PROM `L HGT. Rr;LE11GF- P."Vm
8
Minutes of the Coastal Resources Cornmissior, for September 28-29, 1977, Meeting
showing the adoption of the methodology for delineating inlets proposed in the Loie Priddy and
Rick Carraway, Preliminary Report, Inlet Hazard Areas (1977),
Steve Benton, irdut Hazard AEC Cbr•ono.logy (1977 Commission Meetings);
Loie Priddy and Pick C arrawavl Final Repon (September, 1978), as already identified in
Response 3.
Loie Priddy and nick Cat'raway, 1981 Amendment, as already identified in Respose 3.
Loie Priddy, Tabulatior, of Statistical Date for Tubbs Inlet N 981 update);
Ralph Caat al to implementation and Sia ndards Conurittec.'Vieraorandum_ Subject: Inlet
Hazard Area Standards (March 11, 1981);
Ralph Cx_rtml to 1-mpieriensation and Sumdards Comfi itte~, Memorandum. Subject: Inlet
Hazard Areas (April 17, 1981);
Ralph. Cantral tc; L*nplrmentation and Standards C.anr. air=e, erraorar_durn, Subject: Inlet
Hazard Areas ([afar 29, 1981);
Loie Priddy to Ralph Caatreli, yle nor nit m, In. Rc::nle: Haz;�xd Areas (.tune 16, 1981)
with aitachernetrts a, already identif cd in Response 3;
Ralph Cant_ral to Field Consultants and lnpletn_rntar,"on axed Committee,
Memorandum. Subject: Areas Affected by ir_lc? Hazard Setback ( ily 20. 1981):
Ralph Cant. —al :c, FieId People, Memorandum, Sulliect: lnlet's-lazard Areas � ngus; 14.
1981); and
nutes of Coarstal Resources Corn nission for October %`:--+Q, 1981, Meeting showing.
recommendation by 1.npJer eiiiadon ad �wnda rds Coirurnitt: that 99.9% confidence Tine be used
to delineates. Inlet Hazard AECs and adoption, by Commi_sior. of 99.99/0
confidence line be used to delineate inlet Hazard AECs_
The authors of these carious documents are furutea identified in Appendix 1 and their
qualifications are summarized in Respor=se 9.
j �rrogatory 6. Describe in detail the specific procedures used at any and all times
from 1977 to the present in delineating the specific Inlet Hazard AEC referred to in your denial

FFF.-lti-19 !, rFi"_i9 TO T. ='t;' E '3H F.
of the Permit Application, specifically 16en.tifiing any and all charges to those procedures, and
any and all changes to the Physical location of that. Inlet H=Td ARC during that time period,
t"'r) y't is Fes,,`. `I+�it110et i�'att mi 5 '-�:,c til?je '•.IQP.$, tl:e Respond 11 sp c1IiCd1J}'' objects
to the use of the word "procedures" in Interrogatory 5 ::rr the salve ground that it cb,ected to
Interrogatory 3. Without waiving its of jections, the Respondent responds thatthe process or
methodology utilized and the, legal steps followed in delineating the Tubbs inlet AEC are the
same as set forth in Respondents' Response 3. Because of of+icie Lt sutistical data resulting
from the artificial closirrg and reopen•- of Tubbs lmet, it was one of the inlets designated on the
basis of best professional judgment ut lizing relic inlet ridge location, hisioric inlet location, and
structurally weak inlet areas. The changes in the location of the Tubbs In':et AEC as delineated
in 1973 and 1931 are shown in Loie Priddy and Rick Carra�vay. j �[ rd Area. The Final
'e't�nrt and 2e tY 'tci=tl^'13L t1` i�='•.f .311Z''�"7r�,' t_.r1ln'T13�zi (September, IG%¢)atZd the
1931 Amendment thereto.
In addition, Respondent specucally objects to desc<:;bing "all_ changes. departures, or
alterations that are anticipated or planned for the future" since they are in no wag relevant to the
subject P arter of the cont--sted case acid :� nat may or may not occur in th:e future is purely
spei ulatio s. Respondent is unaum of any ch. iiaes to, departure frorn, oI alterations to the
process or methodology or Leal steps described in Response 3.
j reng tory 7, Describe Ir. detaii the basis for, sc-ientr Tc or i rthe'vvi E. andLhE
assumptions underiy irlg or supporting thv procedures followed ir: delineating the specific Inlet
Hazard AEC discussed iIr Interregatery No. ` above, and each and every basis for and
assumption underlying or supporting an;; raid ail chang s tr,• those procedt es fro i977 to the
present, and any planned or anticipated i iture changes.
ge �,ttSe 7 In adtiiiic•. to its general objecti&ins to Petitioners' Inte roger- tones.
Respondent specifically objects to the use of tlx .word "pro,edures" on the sarne ground as it
objected to Interrogatory 4 and assumes for purposes of ar—isweri- Inte: oga ory 7 that
procedures ref .s to processes or methodology since that appears to bL the intended meaning.
In addition, Respondent specifically objects to de, cribin "ail assL> nptions" underlying or
supporting the various procedures on the same ground as it objected to Interrogatory 4. Without
waiving this objection, Respondent responds that the basic assaription underlying the process
used in delineating the Tubbs Inlet AEC is the same as for all the Inlet Hazard AECs as set forth
in Response 4.
Respondent also specifically objects to describing the bases and assumptions supporting
"any and all anticipated or planned future changes to those procedures" on the sari -sound as it
objected to Interrogatory 4.

�;PP-1=I-199' 13:41 E='Ut9 TO _. MGT. R"LEIC H P. .
10
Without waiving its objections, Respordmt responds that the various bases for or
supporting the processes or methodology in delineating the Tubbs Inlet AEC are the same as set
forth in Response 4 regarding all the Inlet Hazard AECs.
I111e=9+tory R Identify each and every document tbat you contend supports or
establishes the validity of the procedures followed in delineating the specific Inlet Hazard AEC
discussed in Interrogatory No. 6 above, as well as every basis for and assuniption underlying or
supporting those procedures, and for each :such document, identify the author or authors and state
his,Rier qualifications.
Rs Qns& 8.. In addition to its general objections. Respondent specifically objects to the
use of the word "procedures" in Interrogatory 8 on the same ground as it objected to
Interrogatory 5. "Procedures" as used in this context can mean either (a) the process on
methodology utilized in delineating the Tubbs Inlet AEC or (b) the legai steps followed in
delineating such AEC. Without waiving its objections, Respondent assumes that orvicedures
refers to processes or methodology since that appears to be the intended meaning.
In addition, Respondent specifically objects to identifying every "assumption" underlying
or supporting those procedures on the sarne ground as it objected to Litetrogatery 5.
Without waiving its objections. Respondent responds that the following documents
support or establish the validity of the procedures followed in delieatkig the Tubbs Inlet AEC:
The various doctunents identified in R�!<_ponses 4 and 5 relating to the presentation of the
proposed delineation of the Inlet hazard AECs to the Coastal Resources Commission arid its
adoption thereof;
Jay Langfelder, Et Al- A Hi_strorical Review of 5ose of North Carolina's Coastal Inlets,
Report No. "14-1. North Carolina State University (3anuary, 1974);
Raw data develoaed by L oic Priddy and Rick Caraway in effort to determine statistical
model for Tubbs Inlet based on aerial photographs taken or. April 4,-1938. January 23, 1945,
November 20, 1949, November 24, 1953, November 30, 1954, Match 25, 1956, October 10,
1958, October 8, 1959. March 29, 1961, Apri14. 1962, May 4, 1962, August 23, 1962, August
24, 1962, February 21, 1963, April 1, 1964. September 14. 1964, March 18, 1966. April 7, 19%
December 4, 1969, March 27, 1970, April 3, 1970, April 21. 1970, February 5, 1972, December
6, 1970, December 15, 1974, March 9, 1975, November 14, 1975, March 24, 1976, and
December 8, 1980;
All of the aerial photographs listed immediately above except for April 3, 1970.
December 15, 1974, and November 14, 1975

RFR-18-1997 1.3:41 FRCM TO C. MGT. RRLEIGH F.1='
11
Calculations done primary by Loie Priddy to determine transects for Tubbs Inlet:
Tabulations on Statistical Data for Tubbs Inlet (Total - All Dates and 1970 Forward -
New Inlet) done primary by Loie Priddy;
Original prints of 1978 and 1981 delineations of Tubbs Inlet AEC used to make copies
for distribution at public hearings and before Coastal Resources Commission in 1981, High
lighted delineations were apparently done by Loie Priddy; and
Loie Priddy, notes explaining 1978 and 1981 delineations of Tubbs inlet AEC on
blueprint of N.C. Department of Transportation aerial photograph (June 18. 199=).
The authors of these documents are further identified in Appendix I and their
qualifications are summarized in Response 9, except for those of Jay Lanfeider, Et Al..
Interrogatory 9. Identifv each and even person involved in any manner in the
delineation of the specific Inlet Hazard AEC discussed in Interrogatory No. 6 above, including in
conjunction with the processing of the Permit Application, and with regard to each such person,
state the nature of his/her involvement in the delineation of the Inlet Hazard AEC and his/her
qualifications.
Response 9. The following persons who are farther identified in Appedix I were
involved in the delineation_ of the Tubbs Inlet AEC, including in conjunction with the processing
of the July 16, 1996. Will iarnson Permit Application:
Loie Priddy coauthored Loie Piddv and Rick Carraway, Inlet Hazard .areas, The Firal
Report and Recommendations to the Coastal Resources Commission (September, 1978) and the
1981 Amendment thereto which are the basis for the Tubb Inlet AEC delineation. I'vIr. Priddy is a
Registered Land Surveyor with some -0 years experience in surveying and interpreting aerial
photography- for the State of North Carolina and U.S. Air Force.
Rick Carraway coauthored Loie Priddy and Rick Carraway, Inlet Hazard Areas, supra,
which are the bases for the Tubbs Inlet AEC delineation. NL-. Carraway has some 24 years
experience in surveying and interpreting aerial photography for the State of North Carolina and
U.S. Army;
Ji1l Miller apparently did the delineation of the Tubbs Inlet AEC which was part of the
1980 Erosion Rate Update and possibly did the delineation of the Tubbs Inlet AEC which
appeared on the 1986 Erosion Pate Update. She was employed as a draisperson by the Division
of Coastal Management for several years;

RPP-1 —1'=57 13:43=r97f'i
TO C. NGT. PALEIGH P.13
12
Ralph Cantral supervised Jill Miller .;hen she apparently did the Tubbs Inlet delineation
which is part of the 1980 Erosion Rate Update. Respondent does not presently know who
superviesed her when she possibly did the Tubbs Inlet delincation which is part of the 1986
Erosion Rate Update. Mr. Catttral is an urban planner and worked with the Division of Coastal
Management for some ten years or so;
Ed Brooks accepted the July 16, 1996, Permit Application for processing, prepared the
Field Report thereon, and reversed his earlier determination that the Williamson property was not
within the Tubbs Inlet AEC after this became an issue. He has a degree in and has
worked with the Division of Coastal Management since
Bob Stroud supervises Ed Brooks and d_.ermined that the Williamson property.. is located
within the Tubbs Inlet AEC after this became Piri issue. site has an undergraduate degree in
biology and a masters degree in fisheries bio" g'y. is experienced in the inte:preation of maps and
aer+_al photographs, and has wor'_ked w att the Division of Coastaq! Mmagenient for almost 20
years;
Preston Pate supervises Bob Stroud <uid de<.ernuned that the 'Williamson property is
located within the Tubbs Islet AEC after thus became an issue. Ile has a undergraduate degree in
fisheries biology and a masters degree in zo_lo y, is experiences in the interpretation of aerial
photography aad maps, and has worked v ith the Division of Coastal Management since its
inception;
Caroline Ballis whom Bob Stroud and Preston Pate consulted with before determining
that the Wiliianson property is located within the Tubbs Inlet AEC and who receutly corrected
the delineations of several !,-!at Hazard PCs, including Tubb Inlet, as part of the 1996 Erosion
Rate Update. She has an underluaduate degree in gaotogy and biolog at+_d has worked with the
Division of Coastal Management for five vears;
Steve Benton w'ho supervises Caroline Bell is. He has undergraduate and graduate degrees
in neology, is e perienced in the inte.Yre", ion of maps and aerial photograahs, and has worked
with-, the Division of Coastal ivianagement for scene 19 years; and
Roger Schecter reviewed the staff detetniination that the Wifliamson property is located
within the Tubbs Inlet AEC and denied the pernL, application. He had a degree in planning and
has been Director, Division of Coastal Managetent. for over, four years.
Intrr gatoty 10. Identify each and every document depicting designations or
delineations of the specific Inlet Hazard AEC which is discussed in Interrogatory No. 6 from
1977 to the present, and to the extent that the locaticn of that 1r'et Hazard Area is different on
any of those documents, explain and identify. why.

ApR-IS-159- 13:42, FP01" TJ C. "1GT. RALEIGH P. 14
13
Without waivin, its general objections, the Respondent responds that the
following documents depict or delineate the Tubbs Inlet AEC and that the locatior. thereof as
shown on such docninents differs as explained:
The Loie Priddy and Rick Car_rawav 1978 Inlet H=. d Report and 1981 kineradment
show various delineations of the'rubbs Inlet AEC based on different confidence levels being
considered for adoption by the Coastal Resources Cotnraission. These differences are explained
in the 1978 Inlet Hazard Report, the Loie Priddy to Ralph Cantr•.11 Memorandum (June 16,
1978), and several Memoranda from Ralph Cantral to the Implementation and Standards
Committee dated 1%1. Sett Responses 3 through S. The 99.9°/; conffdenca level is the one
adopted by the Coastal Resources Comurlissior..
The Division of Coastal. _Yin aa-etnent did a field'usage delineation of the Tubbs Inlet
Hazard AEC as part of the 1980 Erasion Control Update. (Note the Erosion Control Updates are
identified by he year in which they were begtin not arc N ear in whole they were :adopted by the
Coastal Resources Commission. Thus; the I10K Erosion C onrrol Update was not adopted by the
Coastal Resources Commission until 1983). This delineation of the Tubbs Inlet .i-EC w•as done
on a blueprint of a N.C. Dep--tment of 'ransp..-jr;ation aFria1 photograph dated January, 1997,
and such delineation was identified as "E iecti e, 12-1r 1:•81 This delineation was incorrect
because it apparently showed he Tubbs Inlet :AEC as designated in the 19 7 8 inlet Report instead
of the 1981 Amendment as adopted by the Coastal Resources Continission.
A second field usage delineation by the Division of the Tubbs Inlet Hazud AEC was
done on a blueprint of an aerial photograph showing the 1986 Erosion. Rate Update. This
apparently showed the proposed Inlet Setl ack Axea i-, the 1991 Amendment as the Inlet Hazard
AEC, not the proposed Inlet Hara_rd AEC as adopted by the Coastal Resources Cc•mmission.
A third field usage delineation by the Division which was done as part of the 1996
Erosion Rate Update repeated t<he sane incorrect delineation of the Tubbs Inlet AEC. This was
never distribute:? Ir_ response to problems regarding the delineation of certis inlets oilier than
Tubbs Inlet, the Division of Coastal yiarisgement initiated a review of its inhousc delineations of
such AECs. In the process, it was determined that the Tubbs Inlet ASEC was incorrectly
delineated and this was corrected in March, 1991, on a blueprint of a. Juno: 16, 19921, N.C.
Department of Transportation aerial photograah identified as "Corrected Per CRC 1981."
Int�gBtory 11. Identify each and every instance in which the specific Inlet Hazard
AEC discussed in Interrogatory No. 6 has been delineated or designated. and with respect to each
such instance, state in detail the procedures followed in performing the delineation, each basis,
scientific or otherwise for those procedures, and each assumption underlying or supporting those
procedures.

13:43 FROM
14
TO MGT. PaLEIGH F.1=
ReVon r 11. In addition to its general objections, Respondent specifically objects to
identifying each assumption underlying or supporting those procedures because such term is
vague and overbroad; burdensome, and oppressive. Without waiving its objections, the
Respondent responds that it has identified each and every instance in which the Tubbs Inlet AEC
has been designated in Response 10 and that the procedures which were followed are as set forth
in Response
I=�' t o For each and even, instance idenafed in response to Interrogatory No.
11, identify each and every d==. eat which you contend supports or establishes the validity of
the procedures followed in delineating the Inlet HaZard AEC, as well as each basis for and
assumption underlying those procedures; and for each such docu Lent. identify ahe author or
authors and state hisfher qualifications.
1]ltestogator✓ 13. For each and every instance identified in response to Interrogatory No.
11, identify each and every person involved in any marmer in each and eve;v such delineation„
and with regard to each and every such person; state the nature of their involvement in each such
delineation.
'. - Y.�LOMSi=f�
Interrogatory 14 For each instance identified in response to Interrogatory No. 11.
identify each and even, document depicting the delineated Inlet Hazard AEC, regardless of
whether such document was officially adopted by the Coastal. Resources Commission in
accordance with ISA NCAC 7H A304(3).
B.,tWonae 4. Without waiving its general objections, the Respondent responds that the
documents depicting the Tubbs Inlet AEC are as follows:
Interrogatory 1 i identify any and all documents reflecting the delineation or
designation of the specific Inlet Hazard AEC discussed in Interrogatory• No 6 above; which you
contend has/have been approved by the Coastal Resources Commission.

RPP,-1 ,-1997 13:44 FP,ON TO C. "'.uT. F,,LEICH P. 1c,
15
ReWg sL�e 15_. Without waiving its genial objections, the Respondent responds that the
Tubbs Inlet AEC was approved by the Coastal Resources Commission as shown in Loie Priddy
and Rick Carraway, Inlet Hazard Areas The Final Rrport and R=cQi1imendation5 #p t e g53a1
Resources Commi5sion (September, 1978) and the .L91LA_agadment thereto. The following
documents reflect the Commission's approval:
1 t_n e:roggo[; : 16. Identify each and every document reflecting the delineation of the
Inlet Hazard AEC discussed in Interrogatory No. 6 above, which was approved by the Coastal
Resources Commission as an inlet hazard area neap in accordance with the provisions of 15A
NCAC 7H 0304(3) prior to its amendment in 1993,
Response l6. Without waiving its general objections, the Respondent responds that on
198I, the Coastal Resources Commission adopted the maps delineating
the 99 percent confidence interval as contained in what is referred to as the' Q81 Amemiment to
Loie Priddv[Rick Carraway, Inlet Hazard Areas. The i ins] Repo; anu Rz1 T7endati_ ons ts.
Coastal Resources Commission (September, 1973).
The following documents relect such delineations and Coniinission approval:
j to errogatory 17. Identify and describe in detail the purpose and effect of the 1993
amendment to 15A NCAC 7H .0304(3), and how it changed the delineatiori of Inlet Hazard
AFC's, specifically including the Inlet Hazard AEC discussed in interrogatory No. 6 above.
Response 17. SVithout waiving its general objections, the Respondent responds that
prior to 1993. Rule 15A NCAC 7H .0304(3) referred to maps delineating the Inlet Hazard AEC
as shown on neaps adopted by the Coastal Resources Cod.-unission. In 1993. Rule 15P_ NCAC
7H .0304(3) was amended in response to an obiection by Lhe Rules Review Commission to
clarify that the Inlet Hazard AEC is desigtiated as suggested in the Loie PtiddylRick Carravray,
Inlet Hazard Final Report (1978). More recently, in 1996, Rule 15A NCAC 7H .0304(3) was
amended to refer to the 1981 Amendment since the Coastal Resources Conutiission in
1981, expressly adopted the maps therein showing file 99 percent confidence interval.
Respondent contends that the 1993 and 1996 amendments have not changed the
delineations of the Inlet Hazard AECs or the delineations of the Tubbs Infer AEC. Any other
interpretation would be inconsistent with the Commission's intent as evidenced by its action in
1981.

PFF-1L- : DS7 _ :01 FROM
16
Identify your official erosion rate for the ocean erodible area adiaeent
to the Inlet Hazard AEC discussed in Interrogatory No. 6 above for the period from the date of
the Permit Application to the present; and specifically:
a. Describe in detail the procedures followed or :identified far calculating that
erosion rate.
J Z2=-e i1L Without waiving its general objections, the Respondent responds that the
official erosion rate for the ocean erodible ara adjacent to the Tubbs i. e_ AEC is 2 faet per year.
This is the minimum erosion rate established by the Coastal Resources Cot7mission, The
Process or methodology for calculating this rate are the same as used for calculating the rate on other areas of the North Carolina coast. There has been no change in this rate from July 16.
1996, to the present.
b. Describe in detail any changes to the procedure during that time period,
e n Without waiving i
there have been
general objection:;, the Respondent responds that
no changes to the methodology for caiculating the otiicial erosion rate for the
ocean erodible area adjacent to Tubbs Inlet ben;een Jute 16, 1966, and the present.
C. Describe in detail each basis. scientific or Otherwise, and each assumption
underlying the procedures followed or identified for calculatin- the. erosion rate and chanties.
R�°ILnse i 8� In addition to its general objections. Respondents n ` 1 pecif,ea.ty objects to
describing "all assamptions" underlying the nrCCedures for CalCtilat.nd the eri`5ion rate f0I tJc
ocean erodible area adjacent to Tubbs Inlet because "e11 assttutptions" is vague and overbroad
burdensome; and oppressive. Without waiving its obiectiens, the iespondent responds that the
bases for and each asp ztnption underlying the n.eihodoloz for calculating the official erosion
rate for the ocean erodible area adjacent to Tubbs inlet is the saute as used for calculatirg the rate
on other areaS of u`ze North Carolina coast. The bases for the metno3olory d In
Calcalann the erasion rate for the ocean erodible area adjacent to Tubbs Inlet are found in: g
The basic
us -
assumption used in calculating the erosion rate for the ocean erodible rate for the ocean erodible
area adjacent to Tubbs Inlet is that past erosion. or accretion can be used to predict edict funire erosion
or accretion in the near future.
d. Identify each and every document which you contend supports or establishes
the validity of the procedures followed in calculating the erosion rate, and or each such
document identify the author or authors and state his/her qualifications.
R�gd, Without waiving its general objections. the Respondent responds that
the following documents in its possession. custody, or control establishes the validity of the

Fi?F-18-1997 1:3:50 FROM T7 _. MGT. RALEIGH F.01
17
methodology followed in calculating an erosion, rate for the ocean erodible area adjacent to
Tubbs Inlet and the qualifications of said author or authors ar,- as follows:
JUWnDaatory 19. Identify each and evM, document pertaining to the work of the ad hoc
committee appointed by the Coastal Resources Cornrnission in 1992 or 1993, and chaired by NL.
David Adams, for the purpose of evaluating the tnethcdology employ: d in deriving erosion rates,
and for each such document, identif;� the author or authors.
Response 19, Without wai, mng its general objections, Ile Respondent responds that The
following documents pertaining to the so-called hoc committee are wihin its possession, control.
or custody:
T , aaagamZ 2L Describe Ln detail the naps- a.nd purpose of all ,1 ork currently being
carried. out on behalf of the Coastal Resources Commission andior the Division of Coastal
Management by Dr. William Clear;' and identify any acid :i?1 do=nents pei taining inany way to
that work.
RMonse 7.0Without waiving its general objections, the Division of Coastal
Management answers that it has contracted with Dr. William Cleary to evaluate the methodology
previously utilized to delineate the Inlet Hazard AEC- and to propose alternatives for
consideration by d1e Division and Coastal Resources Coiiimissiou. The oniv documents
pertaining to such work =.i-nich are in the possession. control. or custody ofthe Respondent are as
follows:
IRierrogatC-Z-71_ Identify each and every" aiae-tin^rg or the C Costal Resouni-_S
Conunission, or any coinmittee or other subgroup thereof, at which the original delineark-n of
Inlet Hazard AECs was discussed, and as to each such meeting, identify any documents which
were used in any way to facilitate that discussion and the official minutes of t1he ineeting.
Response 2L Without waiving its objections, the Respondent responds that ;it addition
to its general objections, Respondent specifically objects to Interrogatory 21 because the
meetings, discussions, and documents it is being asked to identify are found in the minutes of the
Coastal Resources Commission which are its business records, which minutes are not indexed,
which minutes the Petitioners may inspect during normal business hours because they are public
records, and which minutes the Petitioner mliay search without incurring any greater bur -en or
expense than the Respondent.

APR-1S-1997 1_:50 FROM TU f, rIGT. F'A = GH P.O.
I8
j�etary 22, Identify each and every meeting of the Coastal Resources
Commission, or any committee or other subgroup thereof, at which the 1981 update of the Inlet
Hazard AECs was discussed, and as to each such meeting, identify any documents which were
used in any way to facilitate that discussion and the official minutes of the meeting.
Response 22. In addition to its general objections; the Respondent specifically objects
to Interrogatory 22 because the meetings, discussions, and minutes it is being asked to identify
are found in the minutes of the Coastal Resources Commission which are its business records,
which minutes are not indexed, which minutes the Petitioners may inspect during tiortnal
business hours because they are public records, and which minutes the Petitioners may search
without incurring any greater burden or expense than the Respondent. Without waiving its
objections, the Respondent responds that
Itttamogatory 23 Identify each and every person whom you intend to call as an expert
witness at the Contested Case hearing, and with respect to each and every such person:
a. State the subject matter on which lie/she is expected to testify.
Respollse2.1a. At this stage of the proceeding, the Respondent has not yet determined
whom it will call as an expertwitness at the contested case proceeding. However, prior to the
close of discovery, when the Respondent determines its expert witness, the Respondent will
supplement its response in accordance with Rule 26(e).
testify.
b. State the substance of the facts and opinions to which he/she is expected to
Response 23 1 . See Response 23 a.
c. Provide a summary of the g ounds for each opinion which he/she will offer in
testimony.
RcspQnse 23 c. See Responses 23 a and b.
Interrogatory 74Identify each and every person whom you intend to call as a witness
at the Contested Case hearing, as well as each and every person who has knowledge of facts
relating to the subject matter of this proceeding, and for each and every person so identified.

.� 1L 1�� l.:�1 .-f mil-1 1�_ _. .....� ..�r.�u •.
19
briefly state the subject matter of his/her testimony, or the facts of wldch he/she has knowledge.
and specify his/her qualifications to provide testimony concerning each subject matter.
Resgn_nse 24. At this stage of the proceeding, the Respondent has not yet detern.ined
everyone it A ill call as witnesses at the contested case proceedings. Respondent will almost
surely call the following persons as witnesses:
Prior to the close of discovery, when the Respondent determines its witnesses, the
Respondent will supplement its response in accordance with Rule 26(e).
9
7=L"I L" _

iF'F.-1 193'7 1-1:52 FRiON TO C. NGT. F-IiLEi=h: .="
20
STATE OF NORTH CAROUNA
COTJ-N- Y OF WAKE
'VERIFICATION
Personally appeared before the undersigned, an officer duly authorized by law to
administer oaths, Roder N. Schecter, Director, Division of Coastal _'vlanagement, who being duly
swom does hereby state under oath that he responses set fork in the above RESPONDENTS
RESPONSES TO PETITIONER'S FIRST SET OF I ZERROGATORIES are true based upon
his knowledge except those responses based upon information and belief or objection by counsel
which he also believes to be true.
Roger N. Schecter, Director
Division of Coastal Management
Sworn to and subscabed before me
this _____day of ----, 1y9'..
Notary Public
County, North Carolina
My Commission expires:
(SEAL)

HRR— E—Iw?" 13:'S2 t R,__a i6T. RHLEi H P. ='=
21
DYMErIL I �` +D1F R€ CriRTs
The above GENERAL. AINM SPECIFIC OBJECTION to PETITIONER'S FIRST SET
OF F TERROGATORIES were enured by the undersigned attorney of record for the
Respondent.
David G. Fleeter
Assismnt Attorney General
NC Depa.u-nevi of Justice
Fnvironmmental Division
P.O. Box 629
Raleigh, MC 27602-0629
[phone]
Ii T�L US_EQRTR_QD
&uesr 1. Produce any and alt documents identified in response to the Interrogatories
set forth above.
s ce l . Except For those documents to which it has raised general or specific
objections in its Responses to Petitioners' Interrogatories, Respondeni will produce for
Petitioners' inspection all doctlnentS identified in :_Spore. to Petitioners Interrog atones at the
law offices of the M.C. Department of Justice, Cad Education Building, 1 i 1 Edenton St., Raleigh,
NC. during its normal business hours. If Petitioners want to rt2ke copies of any such documents,
Respondent wriil make conies thereof at ti±e cost of 2 cents per page or the actual cost thereof in
the case of atrial photographs or oversized or it:eldzularly sued documenm ThMse documents
which are found in the minutes of the Coastal Resources Commission and which the Respondenr
has objected to identifying car, be inspected and copied by contacting Stave Benton, Division of
Coastal Resources. Parke: Lincoln Building, 27'$ Capita': Boule
733-2295. vaf d, Raleigh.. NC (914)
e t 2 Produce any and all dacume:rts you identified_ generated, relied upon, used or
consulted in regard to the Permit Application; and any other documents relevant to the Permit
Application or the denial of the Permit Application.
Rvsponse 2 Respondent specifically objects to producing '•any other documen is relevant
to the Permit Application or denial of the Permit Application" to the extent this requires the

HFR-18-1997 ,._ FRCP! P'aT. P.0
22
production of documents v nieh are not within the Respondent's possesion of knowledge.
Otherwise, Respondent's Response 2 is the same as its Response 1.
This the day of April, 1997.

RPR-1�-1P7i 1 FR011 `U =. NOT. RRLEi H P.014
23
ivIICHAEL P. EASLEY
Atotney General
David G. Heeter
Assistant Attorney General
NC Depaitment of Justice
P.O. Box 629
Raleigh, NC 27602-0629
[phone]

24
This is to cartit: that I have this day served a copy of the foregoing RESPONDENT'S
RESPONSES TO PETITIONI ERS' FIRST SET OF'VVRITTIKN YNTERROGA'TORIES
AND REQUESTS FOR PRODUCTION OF DOCUMENTS on the attorneys of record for the
Petitioners by depositing a copy of the same in the 0iuted States Mai', postage prepaid, and
addressed as follows:
David E. Fox
Richard H. Vetter
Moore & Van Allen, PLLC
Attorneys for L aDane and Odell DeCarol WUIMMSOlt
P_O. Box 26507
Raleigh, NC 27611
This the day of April, 1997.
MICHAEL F. E.aSLEY
Attorney General
David G. Heeter
Assistant Attorney General
Environrr,ental Division
N.C. Department of Justice
P.O. Box 629
Raleigh, NC 27602-0629
919i?33-7247

,:
Preston Pate- Assismt Director_ Divis;na of C: nas al Management, P.O. Bos 769.
Morehead Citg , NC 2855 i
L.oie PaiddJ, Coas a' Surveyor, Geo.letic Sar: ' Sectiol:. Division of Lax:d Zesources,
P.O. Box 769,'Morehead c;ty,--A
P.O.
'9 c& Canaw'�av, Coastal S, ti'ing T, Cchpician, lei =t:C 2L" ,.' Section., �.':1510i O:
City 1ti r 5�71 1` 716-7(}^i.
land Resvarces, P.G. Box 769. Morehead , • `' •'
cg 1
Steve Benton, C nsis znc Coordinator. Division of Co:sGii"iv1 u:a etnent, P.U. ?i>t
2?G87, Rllei�il. NC 2761 l (919) 733-229_?.
Caroline Beliis. Federal Consistc cy Speciaizst, )=vi ion of Loa>izl A't na enrent P.O.
Box 27687. Raleigh. NC 2"1-611 [phone]_
?oitn Parker, Aiajor Per nit Processin_ r,�or3nator, Division Of t vas+al lianafelnen .
P.O.Bos"?'fb87,Raieisll.NC 27611(Q!.9;73 ??U5.
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Roder Schecter, Directo-, D vlsiGn o
NC 27611 (9191 733-229 .
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Florida Costal Management Program. Dep,rtment of C . irtiwii�r A _a.rs, , =t. C
Tallahasse. FT 3w3N ? t oo (904) 922-:138.
Jill Miller. form e r loyev l q Divisier_ of Coe tal >la tagemeat. Cur ent a.idress arts
telephone number unknown

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
Horace Freeman
2217 Walker Ave.
Burlington, NC 27215
AFT4•: •
November 4, 1996 ID E H N R
SUBJECT: Coastal Area Management Act (LAMA) Permit Application, Ocean
Point Condominiums - Phase II, Ocean Isle Beach, Brunswick County.
Dear Mr. Freeman:
The Division of Coastal Management would like to thank you for providing
comments on the above referenced CAMA permit application. After careful
consideration of the issues raised in your letter, as well as an examination of the
rules of the Coastal Resources Commission and a coordinated state and federal
review of the proposed project, the Division of Coastal Management has taken the
following action on the permit application.
It has been determined that the proposed development falls within the
jurisdictional limits of the Coastal Resources Commission's Inlet Hazard Area of
Environmental Concern (AEC). Regulations governing projects within this AEC
prohibit high -density development such as the proposed high rise. Consequently,
the Division is required by state statute to deny the applicant's request for a CAMA
permit. A copy of the permit denial, dated November 4, 1996, is provided for your
information.
If you have any questions concerning this matter, please feel free to contact
me at [phone].
Sincerely,
Ro . Schecter, Director
Division of Coastal Management
P.O. Box 27687, Mgm
�� FAX [phone]
Raleigh, North Carolina 27611-7687 wCfi An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer oaoer

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
Phyllis Pate
63 Ocean Isle West Blvd.
905 Ocean Point
Ocean Isle Beach, NC 28469
1' •0kjKW'
November 4, 1996 ED E H N R
SUBJECT: Coastal Area Management Act (CAMA) Permit Application, Ocean
Point Condominiums - Phase II, Ocean Isle Beach, Brunswick County.
Dear Ms. Pate:
The Division of Coastal Management would like to thank you for providing
comments on the above referenced CAMA permit application. After careful
consideration of the issues raised in your letter, as well as an examination of the
rules of the Coastal Resources Commission and a coordinated state and federal
review of the proposed project, the Division of Coastal Management has taken the
following action on the permit application.
It has been determined that the proposed development falls within the
jurisdictional limits of the Coastal Resources Commission's Inlet Hazard Area of
Environmental Concern (AEC). Regulations governing projects within this AEC
prohibit high -density development such as the proposed high rise. Consequently,
the Division is required by state statute to deny the applicant's request for a CAMA
permit. A copy of the permit denial, dated November 4, 1996, is provided for your
information.
If you have any questions concerning this matter, please feel free to contact
me at [phone].
Sin rely,
Rio . Schecter, Director
Division of Coastal Management
P.O. Box 27687, ��FAX [phone]
Raleigh, North Carolina 27611-7687 Nir
- CAn Equal Opportunity/Affirmative Action Employer
Voice 919-733-229350% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
November 4, 1996 1D E H N FR
Ocean Point Property Owners Association
26 Ocean Boulevard West
Ocean Isle Beach, NC 28459
SUBJECT: Coastal Area Management Act (LAMA) Permit Application, Ocean
Point Condominiums - Phase II, Ocean Isle Beach, Brunswick County.
Dear Sir or Madam:
The Division of Coastal Management would like to thank those residents of
the Ocean Point Condomiums complex in Ocean Isle Beach who provided
comments on the above referenced CAMA permit application. After careful
consideration of the issues raised in your letters, as well as an examination of the
rules of the Coastal Resources Commission and a coordinated state and federal
review of the proposed project, the Division of Coastal Management has taken the
following action on the permit application.
It has been determined that the proposed development falls within the
jurisdictional limits of the Coastal Resources Commission's Inlet Hazard Area of
Environmental Concern (AEC). Regulations governing projects within this AEC
prohibit high -density development such as the proposed high rise. Consequently,
the Division is required by state statute to deny the applicant's request for a CAMA
permit. A copy of the permit denial, dated November 4, 1996, is provided for your
information.
If you have any questions concerning this matter, please feel free to contact
me at [phone]:
Sincerely,
o ar . Schecter, Director
Division of Coastal Management
P.O. Box 27687, 'FAX [phone]
Raleigh, North Carolina 27611-7687 Nie" C An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 _? 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
Peggy Hughes
44 Fairmont
Ocean Isle Beach, NC 28469
A
•�'
November 4, 1996 ID E H N FR
SUBJECT: Coastal Area Management Act (CAMA) Permit Application, Ocean
Point Condominiums - Phase H, Ocean Isle Beach, Brunswick County.
Dear Ms. Hughes:
The Division of Coastal Management would like to thank you for providing
comments on the above referenced CAMA permit application. After careful
consideration of the issues raised in your letter, as well as an examination of the
rules of the Coastal Resources Commission and a coordinated state and federal
review of the proposed project, the Division of Coastal Management has taken the
following action on the permit application.
It has been determined that the proposed development falls within the
jurisdictional limits of the Coastal Resources Commission's Inlet Hazard Area of
Environmental Concern (AEC). Regulations governing projects within this AEC
prohibit high -density development such as the proposed high rise. Consequently,
the Division is required by state statute to deny the applicant's request for a CAMA
permit. A copy of the permit denial, dated November 4, 1996, is provided for your
information.
If you have any questions concerning this matter, please feel free to contact
me at [phone].
Sincerely,
7
R er . Schecter, Director
Division of Coastal Management
P.O. Box 27687, �C
FAX [phone]
Raleigh, North Carolina 27611-7687 1, An Equal Opportunity/Afflrmative Action Employer
Voice 919-733-2293 50% recycled/10% postconsumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
William O. Cordes
3518 Waldon Dr.
Greensboro, NC 27408
A
•�'
November 4, 1996 ID E H N FR
SUBJECT: Coastal Area Management Act (CAMA) Permit Application, Ocean
Point Condominiums - Phase II, Ocean Isle Beach, Brunswick County.
Dear Mr. Cordes:
The Division of Coastal Management would like to thank you for providing
comments on the above referenced CAMA permit application. After careful
consideration of the issues raised in your letter, as well as an examination of the
rules of the Coastal Resources Commission and a coordinated state and federal
review of the proposed project, the Division of Coastal Management has taken the
following action on the permit application.
It has been determined that the proposed development falls within the
jurisdictional limits of the Coastal Resources Commission's Inlet Hazard Area of
Environmental Concern (AEC). Regulations governing projects within this AEC
prohibit high -density development such as the proposed high rise. Consequently,
the Division is required by state statute to deny the applicant's request for a CAMA
permit. A copy of the permit denial, dated November 4, 1996, is provided for your
information.
If you have any questions'concerning this matter, please feel free to contact
me at [phone].
Schecter, Director
of Coastal Management
P.O. Box 27687, I�� ,.� FAX [phone]
Raleigh, North Carolina 27611-7687 1 �An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 r7lAErI!!, 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
Chris and Carol Harding
1015 Greenhurst Road
Winston-Salem, NC 27104
j2i
�
November 4, 1996 ID E H N R
SUBJECT: Coastal Area Management Act (CAMA) Permit Application, Ocean
Point Condominiums - Phase II, Ocean Isle Beach, Brunswick County.
Dear Mr. and Mrs. Harding:
The Division of Coastal Management would like to thank you for providing
comments on the above referenced CAMA permit application. After careful
consideration of the issues raised in your letter, as well as an examination of the
rules of the Coastal Resources Commission and a coordinated state and federal
review of the proposed project, the Division of Coastal Management has taken the
following action on the permit application.
It has been determined that the proposed development falls within the
jurisdictional limits of the Coastal Resources Commission's Inlet Hazard Area of
Environmental Concern (AEC). Regulations governing projects within this AEC
prohibit high -density development such as the proposed high rise. Consequently,
the Division is required by state statute to deny the applicant's request for a CAMA
permit. A copy of the permit denial, dated November 4, 1996, is provided for your
information.
If you have any questions concerning this matter, please feel free to contact
me at [phone].
Ro er Schecter, Director
Division of Coastal Management
P.O. Box 27687, ���� FAX [phone]
Raleigh, North Carolina 27611-7687 t C An Equal FAX
Action Employer
Voice919-733-2293 10%post-consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
Harley Williams
P.O. Box 296
Lake Junaluska, NC 28745
November 4, 1996 ID E H N R
SUBJECT: Coastal Area Management Act (LAMA) Permit Application, Ocean
Point Condominiums - Phase II, Ocean Isle Beach, Brunswick County.
Dear Mr. Williams:
The Division of Coastal Management would like to thank you for providing
comments on the above referenced CAMA permit application. After careful
consideration of the issues raised in your letter, as well as an examination of the
rules of the Coastal Resources Commission and a coordinated state and federal
review of the proposed project, the Division of Coastal Management has taken the
following action on the permit application.
It has been determined that the proposed development falls within the
jurisdictional limits of the Coastal Resources Commission's Inlet Hazard Area of
Environmental Concern (AEC). Regulations governing projects within this AEC
prohibit high -density development such as the proposed high rise. Consequently,
the Division is required by state statute to deny the applicant's request for a CAMA
permit. A copy of the permit denial, dated November 4, 1996, is provided for your
information.
If you have any questions concerning this matter, please feel free to contact
me at [phone].
6erelyn'
Schecter, Director
Division of Coastal Management
P.O. Box 27687, ,-� FAX [phone]
Raleigh, North Carolina 27611-7687 �� An Equal FAX
Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
Robert Lindsey Trust
c/o Cindy Edwards
One Hanover Square
Raleigh, NC 27601-1754
November 4, 1996 E E H N R
SUBJECT: Coastal Area Management Act (CAMA) Permit Application, Ocean
Point Condominiums - Phase II, Ocean Isle Beach, Brunswick County.
Dear Ms. Edwards:
The Division of Coastal Management would like to thank you for providing
comments on the above referenced CAMA permit application. After careful
consideration of the issues raised in your letter, as well as an examination of the
rules of the Coastal Resources Commission and a coordinated state and federal
review of the proposed project, the Division of Coastal Management has taken the
following action on the permit application.
It has been determined that the proposed development falls within the
jurisdictional limits of the Coastal Resources Commission's Inlet Hazard Area of
Environmental Concern (AEC). Regulations governing projects within this AEC
prohibit high -density development such as the proposed high rise. Consequently,
the Division is required by state statute to deny the applicant's request for a CAMA
permit. A copy of the permit denial, dated November 4, 1996, is provided for your
information.
If you have any questions concerning this matter, please feel free to contact
me at [phone].
Schecter, Director
Division of Coastal Management
Aft C
P.O. Box 27687, N
1FAX [phone]
Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer
Voice919-733-2293? 50% recycled/1 0% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
James Skiff
414 33rd Street
Sunset Beach, NC 28468
1t 0
November 4, 1996 ID EE H N FR
SUBJECT: Coastal Area Management Act (CAMA) Permit Application, Ocean
Point Condominiums - Phase II, Ocean Isle Beach, Brunswick County.
Dear Mr. Skiff:
The Division of Coastal Management would like to thank you for providing
comments on the above referenced CAMA permit application. After careful
consideration of the issues raised in your letter, as well as an examination of the
rules of the Coastal Resources Commission and a coordinated state and federal
review of the proposed project, the Division of Coastal Management has taken the
following action on the permit application.
It has been determined that the proposed development falls within the
jurisdictional limits of the Coastal Resources Commission's Inlet Hazard Area of
Environmental Concern (AEC). Regulations governing projects within this AEC
prohibit high -density development such as the proposed high rise. Consequently,
the Division is required by state statute to deny the applicant's request for a CAMA
permit. A copy of the permit denial, dated November 4, 1996, is provided for your
information.
If you have any questions concerning this matter, please feel free to contact
me at [phone].
Schecter, Director
of Coastal Management
P.O. Box 27687, � C FAX [phone]
An Equal Opportunity/Affirmative Action Employer
Raleigh, North Carolina 27611-7687 Ni"
Voice 919-733-2293 50% recycled/10% post -consumer paper

William & Mary Zahn
1523 Audubon Parc
Cary, NC 27511
[phone]
August 26, 1996
Roger N. Schechter
Division of Coastal Management
PO Box 27687
Raleigh, NC 27611
Re. Ocean Point Phase II, Ocean Isle Beach, NC
Dear Mr. Schechter,
I am writing in response to the article in the Brunswick Beacon concerning the
construction of Ocean Point Phase II on Ocean Isle Beach. I have owned a unit in the
existing building since 1988. The building has had a persistent leak that has never been
properly fixed. The building is literally flooding and deteriorating with every major rain
storm. I have complained to the home owners association and nothing has ever been
resolved. This leaking has caused loss of rental income, higher insurance premiums and
the loss of furniture and carpet on many occasions. Two years ago I decided to throw in
the towel and sell the unit. To this day I have not been able to sell the unit because of the
damage caused by the leaking.
I recommend that you visit the existing building and take a good look at the condition of
it. These conditions are the result of developers being allowed to build a poorly designed
and constructed building. I suggest you do what ever you can to prevent these developers
from building a second ill designed structure on the island. It is individuals like you and I
that invest our hard earned money and end up in a endless nightmare when developers are
allowed to do as they please. I do believe that any potential buyers of Phase II will take
one look at the original building and decide they do not want anything to do with it. That
could leave us with two deteriorating towers on the beach.
Sincerely,
Mary T.
Owner, 306 Ocean Point
Pteill VE
SEP 199
Ikig446-'j liNT

James H. Skiff
414 33rd Street
Sunset Beach, NC 28468
August 26, 1996
Mr. Robert N. Schechter
Division of Coastal Management
P.O. Box 27687
Raleigh, NC 27611
Dear Mr. Schechter:
I've enclosed a picture I took at sunrise from the pier at Sunset
Beach, North Carolina. The sunrises are almost always beautiful
except for the high rise in the upper left portion of the picture.
This one structure mars what could be a beautiful stretch of North
Carolina shoreline.
Back in 1987 a mistake was made when someone allowed the present
high rise to be built. Now there is an opportunity to make certain
a second mistake is not made. If you want to preserve the beauty
of our coastline, please do everything in your power not to allow
this second mistake.
JHS/cds
Enclosure
Sincerely,
e-- f
Ir
James H. Skiff
MUG
AUG 281996
CUNS fAL
MANAGEMENT.

LAKE JUNALUSKA REALTY
HARLEY WILLIAMS, BROKER
P.O. BOX 296
LAKE JUNALUSKA, NC 28745
[phone]
August 29, 1996
Mr. Roger N. Schecter, Director
Division of Coastal Management
P. O. Box 27687
Raleigh, North Carolina 27611
Dear Mr. Schecter:
(7 4) 452-2881
1-B0 222-4930
Thank you for giving me the opportunity to respond to the
application of Ocean Isle Realty/Ocean Point Condominiums Phase II
proposing to construct a fifteen story, 75 unit highrise
condominium at 63 Ocean Isle Blvd. West in Ocean Isle Beach, NC.
In 1993 we invested almost a quarter million dollars in a dwelling
on West First Street at Ocean Isle Beach. At that time we had no
knowledge of any plan for this highrise. We have followed rather
closely the discussion in recent months with regard to limiting the
height of buildings on the beach and were pleased that the
commissioners voted unanimously to impose a 55-foot height
limitation in the town's commercial zone. This action followed
heavy criticism of future high-rise development.
It is obvious that Ocean Isle Beach is growing rapidly increasing
the use of every available inch of land and creating the usual
problems related to crowded conditions. We wish kindly to express
our opposition to the magnitude of this project, not only for what
it would do to the landscape but also for what it would do to
maximize the traffic down the only primary thoroughfare which
already is at capacity levels even in the off season. We sincerely
hope that serious thought be given by your division to all aspects
of this project as it affects those of us who not only have
considerable investment at Ocean Isle, but also have an interest in
maintaining a healthy and wholesome climate for many years to come.
fig
„LCENED
5EP 4 i 1996

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Chris & Carol Harding
1015 Greenhurst Rd
Winston-Salem, NC 27104
Sept. 4, 1993
To: Roger N. Schechter
Director of Coastal Management
Re: Proposed permit for Ocean Point Phase II
Dear Mr. Schechter:
As property owners at Ocean Isle Beach, 38 Pender St., we would like to
go on record as strongly opposing approval of the permit for Ocean Point
Phase H. We believe the unanimous Nov. 1995 height -restriction vote
by the OIB Board of Commissioners accurately reflects the desire of the
OIB property owners to limit commercial buildings to a maximum
height of 55 feet.
It is our opinion that high-rise buildings are not in keeping with the
architectural style and natural beauty of the South Brunswick Beaches.
Regrettably Ocean Point Phase I was approved. Let us not compound
this mistake with phase II.
We appreciate the efforts of CAMA in protecting our
the thoughtful management of development. We
enforce the public mandate of the 1995 OIB Board
unanimous vote.
Thank you,
C *6'?
Chris & Carol Harding
cc: OIB Board of Commissioners
OIB Property Owners Assoc.
coastline through
hope CAMA will
of Commissioners
,1
SEP 131996

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m1lo?
September 10, 1996
Mr. Roger N. Schechter
Division of Coastal Management
P. 0. Box 27687
Raleigh, NC 27611
Re: Ocean Point Phase II
63 Ocean Isle Beach West
North Carolina
Dear Mr. Schechter:
My home, at Ocean Isle West, sits immediately west of the current
Ocean Point high-rise condominium. My letter qo you is not in-
tended to oppose the developer's right to build the second phase
of the condominium, but to bring your attention to the environmental
impact so that your department can consider the advisability of such
additional construction.
Until the first phase of Ocean Point was built we never had a
problem with losing shingles on our roof. Since the construction,
we loose shingles on the east and northeast edge of our roof every -
time there is a serious north or northeast storm or hurricane. I
sincerely believe that the wind currents coming off the north side
of the condominium are concentrated toward the side of our house,
causing this problem.
The erosion from "Hurricane Fran" was minimal in front of our house
but was severe beside our house and in front of the condominium,
as evidenced by the enclosed photographs taken on September 8, 1996,
subsequent to "Hurricane Fran". You can also see the low basins and
the trash which has been washed into this area adjacent to my property.
This water came through the dunes and proceeded west behind the front
dunes of my property encroaching on my lot. Another severe storm and
serious damage will occur to the high-rise and to my property because
of the loss of the dune structure. Immediately east of the high-rise
condominium the erosion was minimal.
kSEP
11ilEN

Mr. Roger N. Schechter
Pasge Two
September 10, 1996
I think every effort should be made to restore the integrity
of the dune system in front of the high—rise and beside my
house to protect from further damage. Serious consideration
should be given to the advisability of building the second
phase of this project because of the adverse impact on the
environment and the exposure to property of others.
Cordially,
AAaW
DaA M.Ihitaker
DML/dk
Enclosures

s
September 26, 1996
Mr. Roger N. Schechter
State of North Carolina
Division of Coastal Management
P.O. Box 27687
Raleigh, NC 27611
Dear Mr. Schechter:
I am the owner of unit #701 at Ocean Point Condominium, Ocean Isle Beach, NC
and have strong concerns regarding the proposed building of Phase II of this
project by Ocean Isle Realty Ltd.
My unit was purchased during the pre -selling period in 1987. My decision to
buy was based on a model unit on the sales site to demonstrate the interior
and with blue prints outlining details of the exterior.
Many things were different upon delivery including; change in interior wall
and bedroom door position, fewer kitchen cabinets, lower grade plumbing
fixtures, lower grade light fixtures and wallpaper.
The architectural rendering misrepresented the main entrance to the building
and generally reflects the evidence of poor design.
The use of low grade building material is showing up as rapid deterioration of
doors, door tracks, railings, carpet, roof and exterior walls.
We were told that there would be two parking spaces per unit and these have
not been provided although I understand that Ocean Isle has a zoning ordinance
requiring a minimum of two spaces per unit.
I am expanding on these factors to emphasize the fact that this developer has
maintained autonomous control over this condominium for the past eight years
by voting the 75 units of Phase II prior to their being built and have not
performed their duties in the best interest of the current unit owners.
This developer has also threatened to erect an undesirable commercial building
on this property if the current unit owners at Ocean Point object to his Phase
II proposal.
Please also consider the fact that the developer is providing for a commercial
restaurant as a part of this property, which will create more congestion and
compound the already critical parking problem. `T
0 �CF/
4 ry e�l09
Fg,T
as

r�
It is my opinion that the building of a 15 story, 75 unit condominium on this
site will not be in the best interest of the town of Ocean Isle, the coast of
North Carolina or the current owners of property at Ocean Point.
Please give careful consideration to refusing their proposal.
Sinc rely, "
qow/04�—
Horace L. Freeman, Sr
2-2-17 ez�A:4
/ry`U1 (o?jf _3 OQd
`7 I
G

Hayivood Simpson Insurance
PQB 2038, Burlington, AC 27216 800-808-(152ii910-228-0525 faY 910-228-9997
from the desk of Haywood Cr. Simpson, A
Companyc —
at��
of __pages
Concerning
I / !
Please dehrer this far immedidtele! This information is sonfidentiai and inrendc:l unit for the hereon named abol e. In the e)'ent
3'ou recoil t this in error, please 4sIruj _ and it would be appreciated K ouiri notifj i s at the abote number. Thank you.
;-ISrt7T 96, K d3S Rld LSz f

19,br
OCEAN POINT UNIT OWNERS
The division of Coastal Management has not issued a permit on the Ocean Isle
Realty proposal to build the second tower at Ocean Point.
They will continue to accept written public comments on the development
application for about another week.
Comments should be directed to:
Roger N. Schecter
Division of Coastal Management
P.O. Box 27687
Raleigh, NC 27611
It is recommended that these comments be faxed [phone], if possible, to
insure consideration.
Horace L. Freeman
Unit #701
Qa -T-0
�RF�f n //D 3
Mq C6-sr 1996
MAGfMFNT
y'-2;7-96
r�i

James G. Peden
P.O. Box 464
Hickory,N. C. 28603
To: Roger N. Schecter
Division of Coastal Management
P. O. Box 27687
Raleigh, N. C. 27611
Gentlemen:
As an owner of condo # 305 at Ocean. Point on Ocean Isle, I am writing
as requested by your division prior to the October 2nd. deadline, to comment on
the development application to permit a second concrete and steel tower on the
present site just east of the existing west high rise tower.
My family and I would like to register a strong objection to this permit ever
being granted.
It is my observation that in both the recent storms , Ocean Point suffered
more damage than any other building on Ocean Isle, and since it is the only existing
high rise on the island at this time, I fail to see - adding another target.
Pm sure there are many more serious reasons to not permit another high-rise
tower on this site such as being able to obtain adequate footings with the beach erosion
that is always a concern on all ocean -front dwellings. After the two recent storms, it
would seem logical to me to restrict any new ocean -front building all up and down our
North Carolina coastline.
Thank you in advance for giving this request some consideration.
Sincerely,
r4006,1�
James G. Peden cc Sept.27,1996

a.
ii?�P�ard 1(cpp?er
�wive
:.r. �t:at;_r ^i. ochel;tl�er
-.0. Box .7d87
Ra12igr., N. C. Z7611
D ar i.xr. Jc.recntt:P3
Sep -.ember 27-th,1996
Re: Construct:ori of se-
conci -lower o`' Oceanpoin
High>�'Usc at 63 Gcean
Btvd. nest, Cceari Isle Beach,
17. "I •ecommend tha- pPr-
missior: be E-ranted, for she
fol.lo�rin� re3aors":
L` th:i.s sscond TA ase of cone:ruction is denied the.pre-
e❑`tna, ref(-rre'9 to (Vest Mower are the
bl; it._- peria.liLi.,i.
ha slt_e, apr.ea,r nce and derived rleaoure could nervy
the referred. i.c F,a,t Tower. Ac ....
iooko tt"f,.ninPf+;A, abardd an-A4 .,
_l..f. :s J. );1: r'y E'.onoo-,rAnium which 'S .':ha' Y..,-
:_ 1 buyers paid their hare: earned r:.oney
j...ifi One those buyers and 1 wivi "hat
,dPase reccns i'der your Cec_: for Gi' ie_:ial a.; i grant
'.Li� '> . � econd phase o become re ltY. 1 Pn irvrlttal,:.
Ji � i.t�.d For 7.t a ' mg time.
Nz-y tray -yours.,
6 / GCE"1_..i Poin`,, Wc3t '1':7'rler
,
TOTAL P.©J:.I�

ccr��rsu.
�h
ozib ��

li I f- L F N 1 1 1 rl '„ �- i1,F , r lF 704 ?S5 1000 P. 0 2
C.AMA Permit Sought
F:r:>r Second High -Rise
CkeL'; west.
1;.ZT Caq j Jre a=jF..jj­ high- b,
19,R7, Its arc
nson. son
:S!Znd,q Crigmal
fc'—'t' rva"Or of the
iinrl htr bmL., tc."T;
an
CQHmg (i) the p'—.= d"'-/'-r.pu 1,
coma; /Uca
'kct' �J'zp. Pr,jr,j C"F:,
tc. ixludz nu; Only
a'Fza.eLt ce,11VT 35 Well ,,, perking and
—:1ninF [K-)l ffe_;
'l'C appl%:ar't J'C 1�'
-1� , -,-, Om� .at
at ChAt tuwl ('r,
high-­u:t j"Cr
fx;*'v arishcs''G
txxR _'fJ a'.-nF1C'
*�e p-l'-C'­ the
t!xuumt -:9,cs.
JAV- 149`L�C. CteB.'1 [sit
height bnlitEtm -M,#W towli'l lr')rrM
rl'T60 Zo'.im. rQ1:';-M7ig 1'
inE, wFidi drcvt
Mr. hiqh-n'x &�j)o
Th
at h3t ruling '!f2I'Q '44'p'y'jh ()(t&
Ori") µ'&s UppT)Ne4
by O"C to'xr' jr.jat I to d'A. ftwbxiA
frw)' y'.T axql.
to-iron
ru'�
to a rl
to
Rcq�i NT. Scho'mtt
tal Mr'ag"r4-:.
1 t 27611.
to

rw
b�f sl 1: _ 2017542?1<
PAGE 01
I
F,VX TRANSMISSION
ST. JOSEPH'S HOSPITAL AND MEDICAL CATER
CA6iRDLAC CATHETERIZATION L-ABORA"fORY
703 MALN STREET
PATERSON, NEW JERSEY 07503
Telephone: [phone]
Fax:[phone]
l9� Date: 9 . '3 So
Fax i/ ;� 1 _/ �J� Pages: including cover sheet
From: '6 "Ac-
Subject:
COMMEN ":
RFr I EO
SEP 30 gags
a MANAGEMENT
C ON-FIDF.h'TiAIATN NOTICE:
71iis facsimile trar:-_Y:tizaon is inictit:d only for the addressee named above
It contains infotmatien that is Frivil!Vd, confidential or otheivise protected
fiom use and disclosure If you are not the inteuded recipient. you are her
notified that any Cedew disclosure, copving or
or the taking of

" s7t�e For It�eR Ple4se pone �S str� 1�
to Its Us by

09729(1996 11:19 P46E 02
t
S. K. ASOKAN, P14 D.
II VALLEY VIEW CRiVE
NEW JKPSEV O?�•a5
Seplen'bel ++', 1996
NI! Roger \ Schecter
Division of coastal Manm4enlent
Post OITcc Sox 2%87
Raleigh, North Car olina 27611
Rc Ok:ean Point Ph.a:,e 11 Condotmr um
Ocean Isle, Beach Wept
Dear %fi Schecter
Tbot,oll I ant aga'mst high rise condowiniuins of-, ocean front, I believe the Ocean Point Phase It
should be allowed to continue 1"It the firllo�+irig reasr?ns
I . Design of the Ocean Point Phase I is pyramidal in shape and they only built half of the
pyramid. Right now' it looks like a ririssing tooth and you have t--O Choices
either :letnt)Ilih Phase 1 or alloy+ thr_m t(s evnstruc.t Phase 11.
Pius is alrerd) an ap...(Ivc2 picyrct by the town and the state and the DivisionS
Costal tilanage'cte;i!, Rer,eci,!g i1i, thiS project is a bleach o"faith in contract to lilt
o,n'ners of the in (hcaa PO III I
I personally bought condr„nir.lum 20, wiih the understanding that Phase II and the
central building .dI be built art: will be functional and I believe that 1111s is much dela%ed
and I am still considering legal actions.
4 1 v:as promised that a restxu'ant will be Functioning on the three story Management Center
as nnc nfthe conditions ofbuying my unit in Ocean Point I this has not been !are filled
and I have been !cld the opening i, continernl _r, finishing Ocean Poin! Phase 11
5 1 ant In la,r,r of imposing, [tie frAy-li`.e foot high[ linikation ales k:ompletion of the
project. at Ocean Point including Pliase I1
Thank you eery touch icr ;our consideration

1919=14952e13 P.21
CLAYTORiWIR 1'
ASSOCIATES
WILt.1AM Lt ('LkYTOR, C Lt.
BARRYE WIRT,CU,CPT
September 30, 1996
ADMINIs'rR. roR
li)Yi r-
-- 149j
Mr. Roper N Schecter
Division of Coastal '9Muagement
PO Box 276$7
Raleigh, NC 2761 l
Re Ocean Point Tower - Ocean Isle, NC
Oe.l \fr. Schecter
OW( LOC:i. ED .Ar
4401 S-LARREY RD,
PC). DR.4`AER 212(9
ROn_NOKE. V ii c Vl : '.401 `
SEP 80111EO
46
.r . our influence to see that the second Tower at Ocean Point is NOT constructed. I oppose
>tr:. r�*n for the tbhlowing reasons.
W'r•i ,ion - The br-(,.. ',as eroded 25 feet since the first Tower was built. The present Tower and any
s;'.ditianal constiur ; _ •v ill surely wash into the ocean at some time.
Damaite_to_ F- iting Structure - The pile driving for the new structure could seric;us!y o mage the
er,iiting facility.
Ordiirance - The Board of Corninissions have unposed a 55 feet height lin-dtation on ne% constji.,c6ol:
Fire Protection - Fire fighting equipment is not available to handhs a fire in a 15 story building,
Deusi - Additional units would over tax the existing beaches especially v it" tf-o' ,-on?inuing erosion.
_fir. Schecter, for these reasviis I urge your influence in denying the building peen -it for T,­Iver 42 at
Ocean Point.
� me/jrw
Yo
ursl n
j� i
William M. Clay-cor, CLI.'
#504 Ocean Point
SO
r.-
1 ES -.(TFmi FS CFj LQIl T fP.!(ES INC
REIREMENTR ESTATE F'l. NNIN6-EXEC U14 ENI rrrS•P
I
x
'OTAL P M

-#K.7k'4ERAL . HOME
Frpnt. IVI & M.", ' 1,xtel J Fsic.%n
P. J too.- 1026
tisdsvls;e. SC 29551
Soptertiler 30, 1996
To. IN+ Rope. N. Sctwu iiet
Division of Coastal Managoment
P. O. Box 2768T
Raleigh, NC 27011
Re: DevMcprneat permit applicatiur, tot Ocean Poin! Pnaose it
Dear Mr. Schechter,
This is to Inferm you of our objection to the construction of a high rise tower
known as Oc eon Point Phase t! at 83 Ocean Is;e West Blvd., Ocean We Beach,
NO.
We concur with the Ocean Isle Beach Board of Commiss,asiers' November,
1995 unanimous vote imp^sing a 55 foot height limitation r the town's eom-
fnercial zones. Noted at that time was heavy public criticism of future high fise
development. lye fee! that the increat a in ihti summer population of this 9­ q
may be dutrrmentat to the advertlsod concept of Ocean. Isle Beach as the
"Uncrowded Alternative".
Since our acquisition of property at Ocean Isla In Oetcbaf 1995, we have spent
approximately four months on the island becoming acqualyded with other proper-
ty owners who expressed to us strong opposillon to any future high rise condos.
We sincerely hope that you will give careful consideretio- public's nega-
tive sentiment an this very important Issue.
Yours truly.
rr
Waltef and Judy Brown
Owners of Ocean Point
Unit 702
Ocean Isle Beacti, NO 28489
r101
E

11,111
WHEN EERY
MOUNTS!
i

1;0131ELUOSPON
A I R T E C H
ecv Ep
OCT 1996
CUraJAL
MANAGEMENT
Serving the textile
industry for 23 years,
we've added yet
another service. Now
available to serve
ou duchiller
luresring or capacity
s ortages is a 400-
mobile chiller,
and fib; ` 'Wtfut you
back in business with
minimum downtime.
When things get hot
call me.
Jim
704/377-3939
WALTER L. ROBERTSON, JR.
63 OCEAN BLVD. W #101
OCEAN ISLE BEACH, NC 28469
M.,
N
•
r
i / /t
is

r
F
r
F.ii. 3987755
Jeffry MGrrison DVM
Morrison A; Imil Clinic
IC 28714 • ('' c682-7710
\, \
ANTt,IAL ' T
F:AR;t TIN PA
[phone]
Duup, ��ilo'j ��b CuatL,
ib Uf ate. �::���.._ �.�s.�c�•,
03�
u

United States Postal Service
Official Business F,,
rHt:,TTEl)jLl F
PENALTY FOR PRIVATE
USE, $300
Print your name, address and ZIP Code here
PERMITS COORD►NATM
DNRCD - COASIAL MANAGEMLWT
P. O.O. BOX �276y877�{
lift IIII.arllu"ullr,i11i11iiri�ilii��Iii►�fii�Tlliu�

• Complete items l and/or 2 for additional services.
• Complete items 3, and 4a & b.
• Print your name and address on the reverse of this form so
that we can return this card to you.
• Attach this form to the front of the mailpiece, or on the
back if space does not permit.
• Write "Return Receipt Requested" on the mailpiece next to
the article number.
I also wish to receive the
following services (for an extra
fee):
1. ❑ Addressee's Address
2. ❑ Restricted Delivery
3. Article Addressed to: 4a. Article Number
4b. Service Type
❑ Registered ❑ Insured
❑ Certified ❑ COD
❑Express Mail ❑ Return
ipt for
Merchandise
7. Date of Delivery
9 // 07710
8. Addressee's Address (Only if requested
and fee is paid)
PS Form 3511, October 1990 *U.S. GPO: 1990-273MI DOMESTIC RETURN RECEIPT

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Ocean Isle Realty, Ltd./Ocean Point Condominium -Phase II
2. LOCATION OF PROJECT SITE: 63 Ocean Isle Blvd. West, Ocean Isle Beach
Photo Index - 1995: 1-6 P,Q 5,6 1989: 193-10 N,O 4 1984: 7-58 C,D
5;6
State Plane Coordinates - X: 2166300 Y: 49550
3. ' INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5/14/96 8/6/96
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - 7/30/96
Office - Wilmington`
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Ocean Isle Beach
Land Classification From LUP - Urban Transition
(B) AEC(s) Involved: OH
(C) Water Dependent: No
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - Municipal sewer
Planned - Same
_(N) Type of Structures: Existing - Highrise Condominium - Phase I
Planned - Highrise Condominium - Phase II
(G) Estimated Annual Rate of Erosion: 2 ft./yr.
Source - LTAAER (1986) pg..l of 14
7. HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
(C) Other-
Highgound disturbance
51850 sq.ft.
(D) Total Area Disturbed: 51,850 sq.ft.
(E) Primary Nursery Area: N/A
(F) Water Classification: SB Open: N/A
8. PROJECT SUMMARY: The applicant proposes to construct ,a fifteen (15) story, 75 unit,
highrise condominium, and accessory parking and amenities.

Ocean Isle Realty, Ltd./Ocean Point Condominium -Phase 11
Page 2
9. PROJECT DESCRIPTION
The proposed project site is located at 63 Ocean Isle West Blvd., on the west end of Ocean Isle Beach,
in Brunswick' County, North Carolina. The 2.4 acre, oceanfront site was originally part of a
condominium project, that was partially constructed in 1987. The original project included two, fifteen -
story buildings, each housing 75 condominium units, separated by a three-story management center, as
well as, parking and swimming pool areas. The applicant reports that due to economic conditions at
that time, only the west highrise tower was completed. He now wishes to construct the east tower and
complete the project. The project site is approximately 250 feet wide, along Ocean Isle West Blvd., and
approximately 421 feet deep to the vegetation line on the oceanfront side (south) of the property. The
proposed building area was evidently prepared during the initial construction, as the area is essentially
level with the adjacent built -upon area. It is grassed and kept mowed. There are two distinct dune
systems on the oceanfront side (south) of the property -.The most landward dune system reaches heights
of 20 feet mean sea level. The frontal dune system was constructed in 1989, after hurricane Hugo, and
stabilized with American Beachgrass (Ammophlu& brebili ug lata). During the past seven years, the dune
system has continued to build naturally, in height and width, and natural dune plant species have re-
colonized its vegetation, including: Sea Oats, (Uniola paniculata), Bitter Panecum anecum spp.),
yucca, and Dune Elder (Iva imbricata).
The waters of the Atlantic Ocean are classified SB, by the N.C. Division of Environmental
Management. The tract is within the Ocean Erodible and High Hazard Flood areas of the Ocean Hazard
Area of Environmental Concern, as designated by the North Carolina Coastal Resources Commission.
The Long Term Average Annual Erosion Rate is 2 ft./yr. in this area of Ocean Isle Beach (LTAAER
1986, pg. 1 of 14). The large structure building setback is 120 feet from the first line of natural stable
vegetation . The proposed structures would be located 164 from the vegetation line, barring no
significant shoreline changes.
The applicant proposes no changes from the original project design. The footprint of the fifteen -story
building would be 200 feet by 65 feet, varying. between 11 and 15 floors across the length of the
building. The remainder of the area, north and east of the building, would consist of asphalt parking
(181 spaces). Stormwater infiltration structures are proposed subsurface, beneath the parking lot.
10. ANTICIPATED IMPACTS
The proposed project would create approximately 51,850 square feet of ground disturbance, and
subsequent impervious surface.
Submitted by: E.F. Brooks Date: 8/9/96 Office: Wilmington

Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
MEAN TSiF REACH
1. APPLICANT
a. Landowner:
Name OMM.-ISLE'REALITY LTD.
Address P • 0. BOX 5070
City (1CFAN TCT.R TmAril_ State vc
c. Street address or secondary road number
63 OCEAN ISLE WEST BLVD.
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) ATLANTIC
Zip 28469 Day Phone - r /" ; .
La, Vl ' R45 " `IbZI.SCRIPTION AND PLANNED USE
Fax [phone]ROPOSED PROJECT
b. Authorized Agent: JUL 16 �QQ6
DIVISION OF
Name EAST COAST ENGINEERING M1-A5?1J MANAC4.EgLhpVl development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Address P•0. BOX 2869 HIGH RISE CONDOMINIUM - TOWER II
City cu A T OTTV State
Zip 28459 Day Phone [phone]
c. Project name (if any) OCEAN POINT CONDOMINIUM
PHASE II
NOM Pennfr will be iuued in name. of kmdawaer(r), and/or
project nak.
it
2. LOCATION OF PROPOSED
1: PROJECT
a County BRUNSWICK .
b. Is the proposed activity maintenance of an existing
project, new work, or both? pTOWER 2 OF 2
c. use? Ppr� Te FILY 0 EDICQNnDvOMINIIM UNITS
use? R1
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. nFTNynRc.,Pn caNc.= Agin
MR1 CONDOMTNTUM UNITS — SAME:
CONSTRUCTION AS EXISTING TOWER I.
Revised 03/96

Form DCM-MP-1
in. Describe existin wastewater treatment facilities.
4. LAND AND RATER IM CF `' T.4f R BEAM 11MCIPA'
CHARACTERISTICS WAgMATFR TM tP7FNf Pf ANT'
a. Size of entire tract ?_G Ar.. (SAT 1) n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
b. Size of individual lots) N/A wastewater, indtutrW/commercial effluent, "wash
down" and residential discharges.) 5S]i FACF
c. Approximate elevation of tract above MHW or RTINYT ' ( '-ATE mT SrrF
NWL Pt W
d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source.
BEAQi SAND — N&TIM FINE
e. Vegetation on tract NATURAL LRM
f. Man-made features now on tract N(7JF:
.TITIONAL INFORMATION
g. What is the CAMA Land Use ]L-JU
and
classification of the site? (Consult the localL 16 q d dri to the completed application form, the
i'1ing items must be submitted:
Conservation TransitionalDIVISION OF
_X Developed Come TAL MANASUMWof the deed (with state application only) or
Rural Other other instrument under which the applicant claims title
to the affected properties. If the applicant is not
h. How is the tract zoned by Iocal government? claiming to be the owner of said property, then
C-1 forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
i. Is the proposed project consistent with the applicable from the owner to carry out the project.
zoning? X Yes No
(Attach zoning compliance eerrifieate, if applicable)
j. Has a professional archaeological assessment been
done for the trail? Yes X No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
1. Are there wetlands on the site? _ Yes X No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Aaach documentation, if available)
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 112" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.) ,
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it. must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03/95

Form DdM-MP-1
site. Include highway or secondary road ISM
numbeh. landmarks. and the like.
e A Stottmwst.er Cerdficadon, If Coe is accessary.
e A list of the names end eontptele addresses of the
adjacent watesfrant (ripmtitan) landowners and
Signed. return receipts as proof that such owners
have rwelved a copy of the appiiesdon and pieta
by certified tsuil. Such landowners must be advised
that they bava 30 days in which to Submit comments
oa the. proposed project to the Division of Coastal
Management. Upon signing this form. the applicant
further certifies that such notice has been provided_
.. tee• a.� a • �a• car. �.« ■
Name
Addresis
Phone
6. CERTIFICATION AND PERMISSIN
TO ENTER ON LAND
I understand that any permit Ltsued ins reepoose to
application will allow only the developmeot describe
the application. The project will be subject to candid
and Mtrictioos contained i.t the permit.
I certify that w the beat of my knowledge, the propc
aedvity Complies with the State of North Carolit
approved Coastal Management Program and will
conducted in a ttsanaer consistent with such program
I certify that I am authorized to grant, and do in E
grant permission to representatives of state and fade
review ageocies to eater on the aforementioned lands
connection with evaluating informatioo related to t
permit application and follow-up monitoring of
project.
lermdfy that the information provided in
Name ��L I 'o thful to the best of my knowledge.
Addresis
Phone (1
e A ast df previous state or federal permits issued foe UL 1 fthj�isixhe day oP=C / Ilia.
work rtt tie project tenet. Include permit eumbe&.IVISIO�°°OF
tal r f�llrrl.So/y
petmitft, and issuing dam. COASTAL MAN7Au �.
• A t herit for U50 made payable to the Department of
Enviroatment, Health, and Nantral Resources
(DEHNR) w cover the oosu of prtcensieg the
application.
A Signed AEC hazard notice for projects Is
actanh0et and Inlet areas.
a A Asteoent • of eomPRanes with the N.C.
larvsronmettal Policy Ass (N.C.GS. 113A - I to
101 if tpe project involves the expenditure of public
!hods , or, tun of public lands, aftach a statement
doqunertdng compliance witb the North Carolina
Fnvirogmental Policy AaL
Re•ied ON _. J
or . f«erhema Alaw
Please ffdiata attachments pertaining to your propos
project.
_ DCM MP-2
Etavadon and Fill Information
Y DCM M7-3
Upland Developmett
_ DCM MP-4
Structum Intrmadoo
DCM MP-5
Hrldges and Ctdvats
DCM W-6
Madan Devesapmem
NOTE Please sign and dare each anarhment In t
spate prervfded at d w homm of each firm.

Form DC-4MP-3
UPLANDD ��
�'I D
D.GV LOP i NT JUL 16 1996
DIVISION OF
(Conswuctibn and/or land disturbing Activities) COASTAL MANAGEMENT
Mach this farm to Joint Application for CAMA Major
Permit, Fortn DCM-MP-1. Be sure to complete ill
other sectiods of the Joint Application that relate to this
proposed project.
s. Type and number of buildings, facilities, units or
structures proposed _ 7c Harr Q1M2rt M1 MiELr
'RyER.TY -
b. Numbee of lots or parcels 1M32111`lED M 1 PUM
c. Density give the number of residential units and the
units pet acre) 75 INrM of IL AOMC
-31.21tlFMAM
d. Size of area to be graded, filled or disturbed
includitlg roads, ditches, etc. , a •cast
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources mutt
receive .n erosion and sedimm=ition control plan at
least 30 fays before land disturbing activity begins.
If appllcible, has a sedimentation and erosion
control plan been submitted To the Division of Land
Ramurod? Yes „ x No WnL I8
1[ as, a subau
f. 1Jat th mazertais (ouch as marl. paver stone.
asphalt. n concrete) to be used fbr paved surface.
AGRdT _ All, fVMM 1M' RRUR L WF
S, Give'thb percentage of the tract within 75 feat of
MHW or NV/L. or within 575 feet in the ale of an
Oumtsgleg Resource Water, to be covered by
Impervious and/or built -upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or puking.
E 11= MW 75, W 95ZtlI M Sia3EZ=
Re.tad 031"
h. Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification.
Has a site development plan been submitted to the
Division ofEnvironmearal Management for review?
y Yes No
If yes, date submittad rrwrsseanry -
_.e, la.: a r,� : rru,! _ 1
J. Have the facilities described in Item i. above
received state or local approval? vM1
(Amd dWmr m, do=&�eadw.) SiLIi$i M& L2=
It. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial/commercial effluent,
wasla �XZ down' and �F CEICA Mial fich es)
1. Describe proposed drinking water supply source
(e.g. well, community, public system, cc.)
qw7r SMM
ns. Will water be impounded? , Yes x No
If yea, bow many acres?
IL if the project is a oceanfront development, when
was the lot(s) platted and reeocdad? cm rrruas„ ro

S1 7-6- /-0GA4" o-j
M ,+e
_ D
JUL 16 1996
DIVISION OF
COASTAL MANAGEMENT

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
CERTIFIED MAIL
Return Receipt Requested
Ocean Isle Reality, LTD
P.O. Box 5070
Ocean Isle Beach, NC 28469
Dear Sirs:
`\ • _
TA i
November 4, 1996 p E H N R
This letter is in response to your application under the Coastal Area Management Act
(CAMA) to construct a fifteen story, 75 unit high-rise condominium complex, known as Ocean
Point Condominiums - Phase H, on a 2.41 acre tract located at 63 Ocean Isle Boulevard West,
Ocean Isle Beach. Processing of your application, which was accepted as complete by the
Division of Coastal Management's Wilmington regional office on July 30, 1996, and for which
notice of extended review was given on October 14, 1996, has progressed to a point where the
following determination can be provided on the proposed project.
During the course of the joint state and Federal review, the Division of Coastal
Management has made the following findings:
1) The entire development is determined to be located within the Inlet Hazard Area of
Environmental Concern (AEC), as defined in T15A:07H.0304(3).
2) The lots upon which the condominium complex is proposed were originally recorded
with the Brunswick County Register of Deeds on August 31, 1981. Therefore, the
proposed project has been found to be inconsistent with T15A:07H.0310(a)(2), which
states that within Inlet Hazard AEC's "Permanent structures shall be permitted at a
density of no more than one commercial or residential unit per 15,000 square feet of land
area on lots subdivided or created after July 23, 1981".
3) The proposed project has been determined to be inconsistent with T 15A:07H.03 10(a)(3),
which states that within Inlet Hazard AEC's "Only residential structures of four units or
less or non-residential structures of less than 5,000 square feet total floor area shall be
allowed within the inlet hazard area, except that access roads to those areas and
maintenance and replacement of existing bridges shall be allowed".
Given the preceding findings, it is necessary that your request for a permit under the state
Coastal Area Management Act be denied. This finding is made pursuant to N.C.G.S. 113A-
P.O. Box 27687, �FAX [phone]
Raleigh, North Carolina 27611-7687 Nigm
�C An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293�-,? 50% recycled/10% post -consumer paper

120(a)(8), which requires permit denial for projects inconsistent with the state guidelines for
Areas of Environmental Concern or the local land -use plan.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to evidence and arguments of both
parties and then makes a recommendation to the Coastal Resources Commission. Your request
for a hearing must be in the form of a written petition, complying with the requirements of
§ 150B of the General Statutes of North Carolina, and must be filed with the office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447, [phone], within
twenty (20) days of this decision on your permit application. A copy of this petition should be
filed with this office.
Also, you should be advised that as long as this state permit denial stands, your project
must be deemed inconsistent with the N.C. Coastal Management Act Program, thereby
precluding the issuance of Federal permits for this project. The Federal Coastal Zone
Management Act (CZMA) gives the right to appeal this finding to the U.S. Secretary of
Commerce within thirty (30) days of receipt of this letter. Your appeal must be based on the
grounds that the proposed activity is (1) consistent with the objectives or purposes of the CZMA,
or (2) is necessary in the interest of national security, and thus, may be federally approved.
If you have any questions concerning this matter, please contact Mr. John Parker at (919)
733-2293, P.O. Box 27687, Raleigh, NC 27611.
Sincerely,
kX
Ro . Schecter
Director
RS/dvh
cc: Mr. Jeffery Benoit, Director
OCRM/NOAA
Silver Spring, MD
Lieutenant Colonel Terry R. Youngbluth
U.S. Army Corps of Engineers
Wilmington, NC

TUBBS INLET (RIGHT)
OCEAN ISLE BEACH
BRUNSWICK COUNTY
1978
1981
I ... The Inlet Setback Area; no permanent structures permitted in this area.
II..The Inlet Hazard Area of Environmental Concern; permits required for
development in this area.
PHOTO SCALE
1000 FEET

PLEASE PRINT CLEARLY OR TYPE
STATE OF N 0 RTq CAR0LINA IN THE OFFICE OF
COUNTY OF (I)ADMINISTRATIVE HEARINGS
Petirioner,
(Your Name)
V. T
(3) "_Aot\a o� 1a .C. GLL.•y�mp,a} OT
(The State Agency or Board about which you are
complaining)
J;7a
-�tnA'• 1�
PETITION
FOR A
CONTESTED CASE HEARING
l hereby ask for a contested case hearing as provided for by G.S. 1508-23 because the:
(4)�A,-4t a; *Lt r-," eATa �t (ito k , o t.l K\04 � i &.SgA•r*S has:
(name of agency)
(Briefly state facts showins how You believe You have been harmed by the state
or board)
L
(5) (Check all that apply) Because of these facts, the agency has:
✓deprived me of property,
ordered me to pay a fine or civil penalty,
=otherwise substantially prejudiced my
rights; and based on these facts the agency
has exceeded its authority or jurisdiction;
_acted erroneously;
_failed to use proper procedure;
acted arbitrarily or capriciously. or
_failed to act as required by lase or rule.
iAAtiz].'ry,C�f
(6) Date: ,�- ai,' �l.0 (7) Your telephone number: ( qID) 5Ilk- Ill
1 1r�O
(8) Print your
(9) Print your name:
(10) Your signature:
You must mail or deliver a COPY to the State Agency named on line (3) of this form. Please indicate below.
CERTIFICATE OF SERVICE
I certify that this Petition has been served on the State Agency named below by depositing a copy of it with the Gni:ed States
Postal Service with sufl.cm.it postage OR by delivering it to the named agency.
Served on
(11) /�t•A2f
�heC,R..f
(12)�Yc [>� �orl•{1�������r����rO'+���'
,h�m.•�merht7f'EiJI
(name)
A41{.:�, Q.ld /`6'ti"Ft(`�2l
KeSou/Cef
(address)
(14) This t
- da f
(IS)
(your signature)
When you have comcleted this form you AICST mail or deliver the ORIGINAL and one COPY to
`i
7dfe O(rtcE't5i�s`dlimif
trative Hearings, P.O.
Drawer 27437,
Raleigh,—\C 2761I-7447.
:, `,�1
H-06 (I 1191)
'�•.
.fit)!
,a

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Ocean Isle Realty, Ltd./Ocean Point Condominium -Phase II
2. LOCATION OF PROJECT SITE: 63 Ocean Isle Blvd. West, Ocean Isle Beach
Photo Index - 1995: 1-6 P,Q 5,6 1989: 193-10 N,O 4 1984: 7-58 C,D
5,6
State Plane Coordinates - X: 2166300 Y: 49550
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5/14/96 8/6/96
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - 7/30/96
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Ocean Isle Beach
Land Classification From LUP - Urban Transition
(B) AEC(s) Involved: OH
(C) Water Dependent: No
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - Municipal sewer
Planned - Same
(F) Type of Structures: Existing - Highrise Condominium - Phase I
Planned - Highrise Condominium - Phase II
(G) Estimated Annual Rate of Erosion: 2 ft./yr.
Source - LTAAER (1986) pg.I of 14
7. HABITAT DESCRIPTION:
3
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
(C) Other-
Highgound disturbance
51850 sq.ft.
(D) Total Area Disturbed: 51,850 sq.ft.
(E) Primary Nursery Area: N/A
(F) Water Classification: SB Open: N/A
PROJECT SUMMARY: The applicant proposes to construct a fifteen (15) story, 75 unit,
highrise condominium, and accessory parking and amenities.

Ocean Isle Realty, Ltd./Ocean Point Condominium -Phase U
Page 2
9. PROJECT DESCRIPTION
The proposed project site is located at 63-Ocean Isle West Blvd., on the west end of Ocean Isle Beach,
in Brunswick County, North Carolina. The 2.4 acre, oceanfront site was originally part of .a
condominium project, that was partially constructed in 1987. The original project included two, fifteen -
story buildings, each housing 75 condominium units, separated by a three-story management center, as
well as, parking and swimming pool areas. The applicant reports that due to economic conditions at
that time, only the west highrise tower was completed. He now wishes to construct the east tower and
complete the project. The project site is approximately 250 feet wide, along Ocean Isle West Blvd., and
approximately 421 feet deep to the vegetation line on the oceanfront side (south) of the property. The
proposed building area was evidently prepared during the initial construction, as the area is essentially
level with the adjacent built -upon area. It is grassed and kept mowed. There are two distinct dune
systems on the oceanfront side (south) of the property .The most landward dune system reaches heights
of 20 feet mean sea level. The frontal dune system was constructed in 1989, after hurricane Hugo, and
stabilized with American Beachgrass (Ammophila brebili ug )atal. During the past seven years, the dune
system has continued to build naturally, in height and width, and natural dune plant species have re-
colonized its vegetation, including: Sea Oats, (Uniola paniculata), Bitter Panecum Panecum spp.),
yucca, and Dune Elder (Iva imbricata).
The waters of the Atlantic Ocean are classified SB, by the N.C. Division of Environmental
Management. The tract is within the Ocean Erodible and High Hazard Flood areas of the Ocean Hazard
Area of Environmental. Concern, as designated by the North Carolina Coastal Resources Commission.
The Long Term Average Annual Erosion Rate is 2 ft./yr. in this area of Ocean Isle Beach (LTAAER
1986, pg. 1 of 14). The large structure building setback is 120 feet from the first line of natural stable
vegetation . The proposed structures would be located 164 from the vegetation line, barring no
significant shoreline changes.
The applicant proposes no changes from the original project design. The footprint of the fifteen -story
building would be 200 feet by 65 feet, varying between 11 and 15 floors across the length of the
building. The remainder of the area, north and east of the building, would consist of asphalt parking
(181 spaces). Stormwater infiltration structures are proposed subsurface, beneath the parking lot.
10. ANTICIPATED E%IPACTS
The proposed project would create approximately 51,850 square feet of ground disturbance, and
subsequent impervious surface.
Submitted by: E.F. Brooks Date: 8/9/96 Office: Wilmington

Forma DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
nrF AN TCTFRRArFi
1. APPLICANT
a. Landowner:
Name OCEAN --ISLE REALITY LTD.
Address P • 0. BOX 5070
City n rRAN TST.R RF_ rg State _wr
c. Street address or secondary road number
63 OCEAN ISLE WEST BLVD.
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) ATLANTIC OCEAN
Zip 28469 Day Phone 1 - T �'
3.��b' nCRIPTION AND PLANNED USE
-Fax [phone] ��1;1�
b. Authorized Agent:
JUL 16 ?996'`-=j ROPOSED PROJECT
DIVISION OF
Name EAST COAST E G NFFRTNG M-DAIPTdAL MANA0ENWVl development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Address P•0. BOX 2869' HIGH RISE CONDOMINIUM - TOWER II
City CHAT T nTTE . -State _— nip_
Zip 28459 Day Phone [phone]
Faxon 7- , un.g
c. Project name (if any) OCEAN POINT CONDOMINIUM
PHASE II
NOM Permit will be isawd in name. of la doweer(r), and/or
Project name. .. .. -
2. LOCATION OF PROPOSED
q; PROJECT
a. • County BRUNSWICK y
b. Is the proposed activity maintenance of an existing
project, new work, or both? TOWER 2 OF 2
c. Will theDrotect be for public.� pprivate or commercial
use? PRIVATELY OWNED GUNDOMINIUM UNITS
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. ur Tnvngcvn rnu['RRTR Axn
STEM, CQNDWTNTUM UNTTS - ';AMR _
CONSTRUCTION AS EXISTING TOWER I.
Revised 03195

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 4 Ar. (PUcT 9)
b. Size of individual lot(s) N/A
c. Approximate elevation of tract above MHW or
NWL P?
d. Soil type(s) and texture(s), of tract
EEACH SAND - NB,hIW FINE
e. Vegetation on tract NATURAL ITLM
m. Describe CF �__ I= wastewater MCIPt�facilities.
n. Describe location and type of discharges to waters
of the state. (For example, 'surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) g.1EU
mmtW rrWAT M (V
o. Describe existing drinking
f
d�rinking water supply
t vsource.
est
�nmrrnl
f. Man-made features now on tract R1WI IONAL INFORMATION
5— �� 1� 1
g: What is the CAMA Land Use land
classification of the site? (rA satt rtu toad pl 1 6 � d7 S to the completed application form, the
m items must be submitted:
Conservation TransitionalDIVISIOiv OF.
Developed ComGWTAL MANASt"g o[ the deed (with state application only) or
Rural Other other instrument under which the applicant claims title
to the affected properties. If the applicant is not
h. How is the tract zoned by. local government? claiming to be the owner of said property, then
C-1 forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
i. Is the proposed project consistent with the applicable from the owner to carry out the project.
zoning? X Yes No
(Mach zoning compliance cen#iicate, if applicable)
j. Has a professional archaeological assessment been
done for the tract?- Yes X No
If yes; by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
1. Are there wetlands on the site? _ Yes X No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Aaach docvnrntadon, if available)
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2' by 11" white paper. (Refer to
Coastal _Resources .Commission Rule 77.0203 for a
detailed 'description.)
Please note that original drawings are preferred and
only high quility'copies will be accepted. Blue -line
prints or 'other larger plats are acceptable only if an
adequate numbei of qualitycopies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it. must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Reed 03/95

Form DCM-MP-1
site. include highway or secondary road (SR)
aumbejs, landmarks. and the like.
e A Stoomwat.er Certification, if one is oeceuaty.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return rwadpts au proof that such owners
have neoelve d ■ copy of the application and plats
by eertined uuil. Sueb landowners must be advised
that they bave 30 days in which to submit comments
on the. proposed project to the Division of Coastal
Manegpment. Upon signing this form, the applicant
!usher Certifies that such notice has been provided.
• coo a.'1 ■ ■ `.e� �T. V2«ems(■`
:rl s�:tTen; ;n;resYt �,c i w
v •cs�.^■.
Name
Addregs
Phone
6. CERTIFICATION AND PERMISSIi
TO ENTER ON LAND
I understand that any permit issued to response to
application will allow only the development describe
the application. The project will be subject to wediti
and restrictions contained ;n the permit.
I certify that to the best of my itnowledge. the propa
activity complies with the State of North Caroilr
approved Coastal Management Program and will
cooducted in a manner consistent with such program
I terrify that I am authorized to gnat, and do in d
grant permission to representatives of state and fedr
review agencies to eater on the atbremeodoned lands
conneetioo with evaluating informadon related to i
permit application and follow-up monitoring- of
project.
Name 1� i k 'o dsful to
Addresis
Phone fl
A Hsi of previous state or federal permits Issue! for U L J day c
work do the project tract. Include permit aumber3�IVISIO���F
permiteke, and issuing darer. COASTAL MMA l ua �
• A cheek for =0 modes payable to the Deparonew of
Environment, health, and Natural Resources
(DEH?fR) to cover the costs of processing the
application.
a A signed AEC baaard notice for projects In
ocasaf of and inlet arms.
• A statersnnt of Womilanra with the N.C.
ErrvironnmW Policy Aes (N.C.GS. 113A - 1 to
101 If tpe project hrvoives the expenditure of pubiie
!hinds . er• run of public 106, attach a statement
docummtting compliance with the North Carolina
Envirospnentai Policy Act
aNttld MIS
r information provided in i
the best of my knowledge.
or 4�u erteM Atev
19&—.
Please 1Csdiats artachmeots pertaining to your propos
project.
DCM MY-2
Excavation and Fill Information
Y DCM MP-3
Upland Development
DCM MP-4
Sttuctura Information
DCM MP-5
Bridges and Culverts
DCM MP-4
Marina Development
NOTE Please sign mad dare each amadanent In i
spate prvvi&d at the hotrom of each Jbrm.

r
Form D04&W-3
UPLAND Ir"'T
DEVELOPNMNT JUL 16 1996
(Constrvestbn and/or land disturbing activities) OF
rrities) COASTAL MANAGEMENT
Attach this form to Joint Application for CAMA Major
Permit, Fori m DCM-MP-I_ Be sure to complete all
other sectio(ts of the Joint Application that relate to this
proposed prbjett.
a. Type and number of buildings, facilities, units or
structures proposed I Jr Ism' cram'wrunrs Yt7,d.'s _
Ina -Tr
b. Numbed of lots or parcels F03211= M I PAiM
c. Density' give the number of residential units and the
units pet acre) 75 TWrN M + . ABC
- 31,23 tams/
d. Size of area to be graded, filled 'or disturbed
including roads, ditches, etc. a ..
mag(Lrat+ amarx rrnre
e. If the proposed project will disturb more than out
arse of land, the Division of Land Resources mutt
receive .dn erosion and sedimentation control plan at
least 30 lays before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? Yes .,, No W11L HE
It as, ate sabwdvt d
f. 19sc cb tarmertals (Catch ae »sarl, paves atone,
aphalt, at eottxete) to be usod far paved sutfaca.
ii5i'Jil`- u1. testaro tag+ s>�vz
g. Give W percent, a of the it= within 73 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious and/or buUt-upon surfaces, sucK as
pavement, buildings. rooftops, or to be used for
vehicular driveways of parting.
ElDOW no 75, li1D`I 9513J UM SCRM=
RavbW Olrss
h. Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification.
Has a site development plan been submitted to the
Division of Enviroamental Management for review?
__y Yes No
If yes, daze submitted CrWT xrty
I. Describe proposed method of sewage disposal.
My1 QF a= = tit S2149Z 'l MQIWr arA.vr
J. Have the facilities described in Item i. above
received state or local approval? vee
It. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial/commercial effluent,
'wash down' and residential discharges).
SWAZ MICIT MCAMW IN
1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
seam �
m. Will water be impounded? , Yes g._ No
if yes, bow many acres?
t: If the project Is a ocraaftont development, when
cons the lat(s) platsed and reeorded7 czv A,Tprmn nr

S T� Gocn-f
M Ado
JUL 16 1996
D
DIVISION OF
COASTAL MANAGEMENT

0699 0906 OF 16�1�
.j
The property hereinabove described was acquired by Grantor by instrument recorded in ...............
A map showing the above described property is recorded in Plat Boole .................................... page.........................
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey
the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and
defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this Instrument to be signed in Its
corporate name by Its duly authorized officers and Its seal to be hereunto affixed by authority of Its Board of Directors, the day and year first
above written.
OCEAN ISLE WESTr INC. °--
______________(SEAL)
------------------------------------------------------------ - -----
. � (Co o £la ) ra
O
:.,.
reside _
�� . ;,...... �i.\ ,'.. U -- Gad / L`J it^ lr '�- -- ---(SEAL)
AT ., •!, K •a ,i} 'y . •y •i; - - _.
-------------------------------
1pdtetarY (Corporate Seal) Vi (SEAL) ---_
S ""�K �L`i.1.. NORTH CAROLINA- __________________________________County DIVISION! OF
`
y-rrr .r i ti x I a Notary Public of the County and State aforesaid, certify(,) �'���{_{r
.L-&�E�,}a------------
•c. If�i`1Inl+�tl• .� -----------------------
______ Grantor,
-----------------------------------------------------------------------
u
v
� personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my
v
p hand and official stamp or seal, this -------- day of -------------------------
---------------- 19------
MYcommission expires:----------------------------------------------------------------------- Notary Public
�•�r•'10rr �•»�' NORTH CAROLINA �XJl11SId1G ------------- County.
;. �- ..,,,.,,,� O �,�•ti� •„ ,IMP
I, a Notary Public of the County and State aforesaid, certify that _ I r_�
' S- t� - �•'-' y�' }t personally came before me this day and acknowledged that ____ he Is ________ ______________ Secret y of
kt : e� V Y•!: ? OC�F1 X1 T s) a (ire ter__ vJ7 •,______ ____a a North Carolina corporation, and that by authorlty4.0
rduly
? b f'j :given and as Lhc net of the corporation, the foregoing Instrument was signed In Its name by Its __________
��j •.P U l3-�'.� �''•� President, sealed with Its corporate seal and attested by ----------- as Its ___________________________ Secretary.
5 / •, D ,r�
'�i�s •� •..,,., •'��� �� R'ltness my hand and official stamp or seal, this �J__ Y_day of __July-------------- . 19--8.1 -�•
.''...� C 0 ` t'
_ --
� l�irrKl �+�t15 s` ply commission expires: _ ��_ —lei---S_f-L_ itL_f- r otary Public
The foregoing Certificate(s) of _________:__Tjrp H(7�7a�ur__N_O .L�_�17��-1L'
4
e cerH ed to be orcect"rl'fif3 Instrument and this certificate are duly re istered at the date and lime and in the Book and Page shown on the
first age h�ev�t,.p JRee(�rded this 17{-.ti day of July 1987, at 12: 47 P.M.
_____ _ `•' — ________REGISTER OF DEEDS FOR --- Bnn_•�__''L1,gk ------------------- COUNTY
Br da M, Cl ns
By-------------------------------------------------------------------DeputY/}XReglster of Deeds
C
N. C. Ilar Assoc. Foau No. 3 rc�1 1976. Revised (S) 1977 - e,mnwaw:•. a c,.., mc., s.. 127, Yadkmdue, N C. 770m

PA _ ",-Ck
9E99 0905 736 �F
FILE1! I''!, !; i;�iGat�lUhl
I rull,_4en -.go5_
07 JUL 17 Pig 12- 47
;IT
STATE OF ,..,,,, zZe ai Estate ,1
x _ . rISr•.. 1.'`�I;I 11.C.
�y T _ :cise Tyr, .
pj/ Q JN aA . 1 k .
•• J 1J Q .Q
rt7u V JUL 17'87.2
500� o0
Excise Tnx I Recording Time, Book and Page
c
W`�
CA
TaxLot No........................................................................................... Parcel Identifier No..............................................:............................
Verified by....................................................................... County oii the ................ day of ..........
..................... :......................... , 19............
by..........................................................................................................................................................................................................................
Mailafter recording to......................................................................................................................................................................................
..... ... ... .........................................................................................— .........................................................................................................
... .... ....
Elva L. Jess, P. 0. Box 11028, Southport, NC 28461
his instrument was prepared by................................................................................................................ ..........................
Brief description for the Index Lots 22, 23, 24, 25 & 26, 0.
NORTHCAROLINA GENERAL WARRANTY DEED
THIS DEED made this .... day of ....... July ............................................ 19.. V .. , by and between
GRANTOR
Ocean Isle West, Inc.
JUL 16 19',
DIVISION OF
GRANTEE
Ocean Isle Reality, LTD
COASTAL MANAU '
ME
Enter In appropriate block for each party: name, address, and, If appropriate, character of entity, e.q. corporation
or partnership.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and
shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in the City of Ocean ...I.sle... Beach ...................... ..ShalIo•t.Le............ Township,
Brunswick County, North Carolina and more particularly described as follows:
BEING ALL of Lots 22, 23, 24, 25 and 26 according to a map.
entitled "Ocean Isle West", prepared by Jan K. Dale, RLS, ant'
being duly recorded in •iap Cabinet 1•i at Page 1972, in the Office
of the Register of Deeds of Brunswick County, North Carolina.
THESE LOTS are subject to a sixty foot wide access across the
back of the lot. The said center line of the sixty foot access
will be located forty feet from the back of the lot adjoining Old
South Creels.
N. C. nor As%oC. Forn1 No. 3 n 1976. Itevise 1l @ 1977 — James Wllli.m%& C... Inc., So. 177. YedkinWl.. N. C. 77055
PnmM hry Am..n.... 1 —0,'he N C. 0n. Mv,c. - 1981

i-111-1FH1 1111 ! ;F I � ' � F I HO
704 335 1000
pax. 19 7.
Phone:
Re- 0::ean (N',pAn isle N7.'
0 Comments:
From: i cm and rhc:ma Wilson
Pages: I
Data: S,.:3tetuber 1^8, ',W
. %A -
I understand Y-,j are F,g the Ocean POA project at
Oc
ean isle Bea--h. What is the purpQ-,,z
i t,)Oug,)t the n!- I s 1'!.pc,4.ecj by t,ie a E*3ch BoLrd of Commissioners exempt this
pro,ect sine. V1413 the p,--cjet .I v;e granted to tWs new height 11witation.
t[14 ;pal W,a V; ',,� and, j if, i, !:)p r %aT at the lime n ti e
";,lect !t v,as mad I
10-n'S ths,jarg, ps t of thf-7,6ale that pf' ,-t u!,, t s;) the folure.
T >sign of v(. P':I;t v., h;cl, 6,e. syri-netr,,-al, The protect now looks like a half
*,Ihatr� �J-otflg:ar& riQ*, al'cmad to be competed, the value of
4 111 projeGt wok, i'Q effe�6d i j
asa A^t in to drc)�,rj,wers that r�3,e a substant at investment that woula
;-,rV, sno;,:d ie aL!e to expc;tthe.r profit ctcan becc,mp:1-tt

CAMA Application File Record
Ocean Isle Reality, Ltd./Ocean Point Condominium - Phase II
Compliled 12/19/96
- Application dated 7/16/96 (forms MP 1 and MP 3) including 6 large permit drawings, all
originally dated 6/10/96, and a two page cover letter dated 7/16/96 to Ed Brooks from East Coast
Engineering.
Deed, dated 7/17/87 from Ocean Isle West, Inc. (Grantor) to Ocean Isle Reality, LTD (Grantee).
- Adjacent property owner notifications and sign -offs to Ocean Isle West and Ocean Point Property
Owners Association.
- AEC Hazard Notice dated 7/15/96.
Field Report dated 8/9/96.
Acknowledgment letter dated 8/9/96.
Memo dated 8/13/96 from Wilmington Regional Office transmitting corrected project
information.
- Public Notice, published 8/22/96.
Letter from U.S. Army Corps of Engineers dated 8/26/96 stated that no DOA authorization
required Tor project.
Letter of public comment from:
Mary Zahn (8/26/96)
James Skiff (8/26/96)
Harley Williams (8/29/96)
Kathelene Cheves (8/29/96)
Roy Sillas (sp?) (9/2/96)
Peggy Hughes (9/4/96)
Chris and Carol Harding (9/4/96) .
William Cordes (9/9/96)
Dan Litaker (9/10/96)
James Tilly (sp?) (received 9/12/96)
Horace Freeman (9/26/96)
Haywood Simpson (9/26/96)
Colon Waffe (sp?) (9127/96)
James Peden (9/27/96)
Hildegard Kappler (9/27/96)
Mr. and Mrs. Edwin Strasser (9/28/96)
Tom Wilson (9/28/96) includes newspaper article
S.K. Asokan (9/30/96)
William Claytor (9/30/96)
Walter and Judy Brown (faxed 9/30/96)
Walter Robertson (received 10/1/96)
Jerry and Cathy Morrison (10/2/96)
Sherrill Capps (10/2/96)
Cindy Edwards (10/2/96)
Phyllis Pate (10/12/96) includes newspaper article

r
Letter from Decarol Williamson Enterprises dated 10/10/96 stating that DCM representatives had
examined the project site in 1985 and determined that the site was not within the Inlet Hazard
Area. A 5/15/85 supporting memo from the Local Permit Officer is also attached.
Notice of extended review, dated 10/14/96.
State agency comments with log sheet. Comment submitted between 8/11/96 and 10/30/96.
- File Notes - 3 pages - entries between 8/27/96 and 10/30/96.
Denial letter to applicant, dated 11/4/96.
- DCM Notice of Action, dated 11/4/96, sent to:
Horace Freeman
Phyllis Pate
Ocean Point Property Owners Association
Peggy Hughes
William Cordes
Chris and Carol Harding
Harley Williams
Robert Lindsey Trust, c/o Cindy Edwards
James Skiff
Certified mail receipt showing applicant receipt of denial letter.
Petition for a contested case hearing, dated 11/21/96.

State of North Carolina
Department of Environment,
Health and Natural Resources •
Division of Coastal Management _
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ID E H N FR
Roger N. Schecter, Director
October 14, 1996
Ocean Isle Reality
P.O. Box 5070
Ocean Isle Beach, NC 28469
Dear Sirs:
This letter is in reference to your application for a Coastal. Area Management Act Major
Development permit to carry out construction on property located at 63 Ocean Isle Boulevard,
Ocean Isle Beach. Although processing of the application is nearing completion, additional time
is needed for this office to complete the review and take a final action on your permit request.
Therefore, it is necessary that the standard review time be extended. An additional 75 days is
provided by G.S. 133A-1220 which would make December 27,1996 the new deadline for
reaching a decision on your request. However, we expect to take action prior to that time, and
will do so as soon as possible. In the interim, if you have any question on the status of your
application, do not hesitate to contact this office.
Sincerely,
J�H.
Doug Huggett
Assistant Major Permits Coordinator
cc: Ed Brooks, DCM-Wilmington
DCM-Morehead City
P.O. Box 27687, I� ,. FAX [phone]
Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

$tote of North Carolina
Department of Environment,
Health and of
Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO: All review agencies
FROM: Ellen
Wilmington Division of Coastal Management
DATE: August 13, 1996
A&41
�EHNR
SUBJECT: Ocean Isle Realty/Ocean Point Condominiums Phase II
On August 9, 1996 the above referenced project was sent out for review/comment. Please use the
attached information to replace the information that was originally submitted. The large drawings
(bluelines) are correct but the rest of the information has been revised.
I sincerely apologize for any inconvenience that this may cause. It was one of those days.
Thanks!
John bwg -
;3
' � abaj
ry-O.
RECEIVED
AUG 141996
A
R� iT
M
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
August 9, 1996
Ocean Isle Realty, Ltd.
c/o Ms. LaDane or Mr. DeCarol Williamson
P. O. Box 5070
Ocean Isle Beach, NC 28469
IPIT=3maitill lFrooll. r r
e��
C)EHNFit
The Division of Coastal Management hereby acknowledges receipt of your application for State
approval for development of your property located at 63 Ocean Isle West Blvd., Ocean Isle Beach. It
was received on July 30, 1996, and appears to be adequate for processing at this time. The projected
deadline for making a decision is October 13, 1996 An additional 75-day review period is provided by
law when such time is necessary to complete the review. If you have not been notified of a final action
by the initial deadline stated above, you should consider the review period extended. Under those
circumstances, this letter will serve as your notice of an extended review. However, an additional letter
will be provided on or about the 75th day.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the
proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be
posted at the property of your proposed development. You should post this notice at a conspicuous
point along your property where it can be observed from a public road. Some examples would be:
Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property;
or at a point along the road right-of-way where a private road would lead one into your property.
Failure to post this notice could result in an incomplete application.
A field report has been prepared and is in the process of being circulated to the various state and
federal review agencies for their comments. If additional information is required based on this review,
the agencies may contact you directly.
Sincerely,
8.aA.
E.F. Brooks
Field Representative III
Enclosure
cc: John Parker
Bob Stroud
T.D. Roberson, LPO
Jeff Richter, COE
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

F 419
471 ?53
RECEIPT FOR
NO INSURANCE
CERTIFIED
NOT FOR INTERNATIONAL
MAIL
COVERAGE PROVIDED
MAIL
(See Reverse)
IT Sent
N I
Stre and No $
T
O—
•"'-Vp
P - State
ti and ZIP Code
N
z Poslage
n
- Cegt Fee
SPeclal Delivery Fee
Restncted Delwery Fee
Reo turn ReCeiPr 5—
awm
n whom antl Date Del9
Return erect
Date, a Rece owm9 to om
wh
TO elrvery
o \�'
P� rk �
F w,�0
a ��Sr ud�0
JUL 16 1996
DI\/ISiI',v OF
COASTAL NIAiVAGEMENT

P 419 471 566
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
;Cerbf.d
N
'mntl
0
x
ate an IP Cotle
q. e .
J.
Fee _
Special Delivery Fee
0evIctedivery Fee
showing I T ate Debvered / .of
q' ho to whom.13f liverytl Feese
E
o
LL
N
n
JUL 16 D
1996
DIVISIp,v OF
COASTAL MANAGEMENT

, • liumson Enterprises
DeCarol
July 15, 1996
Ocean Point Property Owner's Association
P.O. Box 280
N. Myrtle Beach, S. C. 29547
Reference: East Tower of Ocean Point Condominiums
Dear Gentlemen:
The developers of Ocean Point Condominiums, LaDane
Williamson and DeCarol Williamson, are applying for a permit for
the purpose of constructing the East Tower of Ocean Point
Condominiums along with the pool area and parking.
It is our responsibility to send you, as an adjacent
waterfront landowner, the enclosed copy of the application and
plat. You have 30 days in which to submit comments on our
proposed project to the Division of Coastal Management at 27
Cardinal Drive Extension, Wilmington, North Carolina 28405-
3845. Please ses-the highlighted area oo the enclosure for this
requirement.
Si erely, _
OeCarol Williamson, Developer D (7 -1 2�ITVyTO
E n c . 2 '-7)AT AP6 Appl(Ch4;0-0
I!
J
JUL 16 1Q,,,,C^D
[)1WQlrn. .7F
COASTAL iv.. o,,.�,tMENT
LAwec l,7
666EAIWtS{E KEA -RB-SW, OCEAN ISLE BEACH, NORTH CAROLINA 2e459

July 15, 1996
Oceanside West II Homeowner's Association
P. 0. Box 6
Kannapolis, N. C. 28082
Reference: East Tower of Ocean Point Condominiums
Dear Gentlemen:
The developers of Ocean Point Condominiums, LaOane
Williamson and DeCarol Williamson, are applying for a permit for
the purpose of constructing the East Tower of Ocean Point
Condominiums along with the pool area and parking.
It is our responsibility to send you, as an adjacent
waterfront landowner, the enclosed copy of the application and
plat. You have 30 days in which to submit comments on our
proposed project to the Division of Coastal Management at 27
Cardinal Drive Extension, Wilmington, North Carolina 28405-
3845. Please see. the highlighted area on the enclosure for this
requir= ent.
S' cerely,
Oe�arol Williamson, Developer R2
JUL 16 11996
Enc.2 P47- Amo i9(��Ln{i0u
D!VISIOn OF
COASTAL MANAGEMENT
1410 OCEAN ISLE BEACH RD. SW, OCEAN ISLE BEACH, NORTH CAROLINA 28459

Fax: [phone]
Office: 910.754.8029
East Coast
Engineering Company, P.A.
Consulting Engineers
Delivery By Hand
Mr. E. F. Brooks
Coastal Field Representative III
NC Division of Coastal Management
NCDEHNR
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Subject: Ocean Point Condominium - Phase 11
Ocean Isle Beach, North Carolina
Major CAMA Submittal
Dear Mr. Brooks:
4918 Main Street
Post Office Box 2869
Shanotte, NC 28459
Tuesday, July 16, 1996
�J
JUL 16 1996
COASTAL MANAGEMENT
On behalf of Ms. LaDane Williamson and Mr. DeCarol Williamson of Ocean Isle
Reality, Ltd., we are pleased to submit the major CAMA submittal package for the Ocean
Point Condominium Phase II project. As you are aware, the existing Phase I project was
permitted in 1986. Enclosed is the completed and executed major CAMA application form w/
deed attachment, an executed upland development form (form DCM-MP-3), a signed AEC
Hazard Notice, copies of the letters mailed to the adjacent riparian landowners and the receipts
for certified mail to the adjacent riparian landowners.
Enclosed are two (2) copies each of the Site Plan, Grading Plan and Drainage Basin
Plan. These plans reflect the current first line of vegetation you recently staked and the 120
feet setback line in the area of the Phase II portion of the project. Enclosed is a copy of Mr.
Jan Dale's survey map of the current first line of vegetation. Please note that no other changes
have been made from that which was previously approved for the Phase I portion of the
project. Please note that we have obtained written permission from the original project
Architect to update and use these plans for acquiring the Ocean Point Phase II Major CAMA
permit. We will be happy to provide additional copies of the plans or reduced 11"x17" copies
of each if so desired. Also enclosed are two (2) copies of the required Site Location Map.
It is our understanding from Ms. Tina Howard of Mr. Williamson's office that the
previous check in the amount of $250.00 is still valid to cover the required application fee. A
copy of this check is enclosed for your ease of reference.
I have previously discussed this project with Ms. Linda Lewis of the NCDEM for
compliance to the NC Coastal Stormwater Regulations. Ms. Lewis has stated that she will be
able to provide your department with a certification for this project since no changes have been
made to the original design plans and no increase in impervious area is requested. We will be
coordinating this particular aspect of the project directly with Ms. Lewis.

Mr. Brooks
July 16, 1996
Page Two
Ocean Point Phase II
Ocean Isle Beach, NC
We appreciate your prompt attention to this matter. Should you require any additional
information, or have any comments, please do not hesitate in our office at your
convenience.
Enclosures
Sincerely,
Alan C. Le ice -President
East Coast Engineering
Company, P.A.
pc: Ms. LaDane Williamson, Ocean Isle Reality, Ltd.
Mr. DeCarol Williamson, Ocean Isle Realtiy, Ltd.
File: 96-0039 (Williamson, Ocean Point)
D 2(OM7E -
JUL 16 1996 U
DIVISION OF
COASTAL MANAGEMENT

CT-25-96 FRI 09:36 f4t'l CHLLIER FEf L-ri
i Qt 7
i E/1N 1.5 E Pk,AC_ F1 FFE X,
8033990339
ul _

J
0699 0906 36 f G9 -�
ao
0
0
0
0
0
The property hereinabove described was acquired by Grantor by instrument recorded in...............................................................
....................................................................................................................................................
A map showing the above described property is recorded, if, Plat 13ook.................................... page.........................
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey
the same in fee simple, that title is marketable and tree and clear of all encumbrances, and that Grantor will warrant and
defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
IN WITNESS WHEREOF, the Grantor has hereunto set' his hand and seal, or If corporate, has caused this instrument to be signed in Its
corporate name by Its duly authorized officers and Its seal to be hereunto affixed by authority of Its Board of Directors, the day and year first
above written.
OCEAN ISLE WESTr INC. a ________________(SEAL) ------------------------ A -----------
(Co o va
IlUlubj/�/ 1.
------------------------
~/
• Nit pq�%iJy�:,{. �
.. y....,,.\
ATT6.1 .• � � .: .
� L :1 �� ^
__�y' ♦fie � • �t'C}slaty (Corporate Seal) rD
(SEAL)
_ RUT(C .1.��1J--_(SEAL)
___(SEAL)
NORTIf CAROLINA------------------------------------ County' DIVISION OF
X 1, a Notary Public of the County and State aforesald, certify(L)(iJ•Ai�'AL-{AAAGEMEIl}'�------------
4 ------------------- Grantor,
m-------------
k
personally appeared before me this day and acknowledged Elie execution of the foregoing Instrument. Witness my
0
phand and official stamp or scat, this -------- day of ----------------------------------------. 19_____.
My commission expires:----------------------------------------------------------------------- Notary Public
1 j3Y -u nsm-i c k
jtt1�"1L-•'`%�»^• NORTH CAROLINA, _ - -------------County
A,�-'. .... ,;� ��s��;. , .I, a Notary Public of the County and State aforesaid, certify that
ry,pyp of
personally came before me this day and acknowledged that ____ he is ___________________________ s at
TA
;: ��, Z� +.: t, ^{• O(•.�an TS,,ye_ i•.Qti,�y___�-.114.._____________- a North Carolina corporation, and that by authority duly
r r • iu
given and as the act of Elie corporation, the foregoing Instrument was signed In Its name by Its _______________
' A • p U ' Q �^ �' '.o President, sealed wlLli Its corporate seal and attested by ----------- as Its --------------------------- Secretary. ..
//77 '/
•� .... .+���il`�t'�1 Witness my hand and official stamp or seal, this /J_4-/r -day of _-JLLL-y----------------- 19
i
f�K"r�OV1...�;� 7
-��rrrlr! ill �i��1 (� - ' 19� �D±_otary Public
'�•... ,i• a1Y commission expires: __---------- -1�- - ____________ ______________________ __
The foregoing Certificate(s) of _ Tina HoV_uarilr__�0�.3Yy_�1117J..7:t;_
y
----------------------------------------------------------------------------------------------------------------------------------------------
e cVll ed to be t .ect^f`6Ig Instrument and this certificate are duly registered at the date and time and In the Book and Page shown on the
,(_,list age h e�ec�. JRecorded this 17th day of July 1987, at 112:47 P.M.
----- ---- `_------- ________REGISTER OF DEEDS FOR --- Bn4wj glc___________________ CODNTY
Br da M, Cl nS --------- Deputy}{Rcglster of Deeds
N. C. Rat Assoc. Form No. A let 1976. Revised @) 1977 sn. ITr. Wdkin01e• N C. 27055

06 0905
M STATE OF .y Re.i Estate
D T
[31-INA .. ;
au JUL17'R7� 5 o Q
Soo oo
Excise Tax
Tax Lot No...
Verified by ...
by...................
736 G9
qa
�ILEI! F�1i; F;ti:�Sfl„IilUl•I
07 JUL 17 PH 12: It 7
ral�r.rr 'r,rlF�sori
?--r�' it hEEQS
4
Recording Time, Book and Page
....................................................................................... Parcel Identifier No...........................................................................
............................................. ...... I.............. County on the ................ day of........................................................1 19............
.......................................................................................................................................................................................................
Mailafter recording to......................................................................................................................................................................................
..............................................................................................................................................................................................................
his. instrument was prepared by .....E1Va L. Jess, P. 0. Box 11028, Southport, NC 28461
..
Brief description for the Index Lots 22, 23 r 24 r 25 & 26, 0
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this .... day of.......JU.lY..................... ...-.................. 19. 87.., by and between
GRAN'1 UR
Ocean Isle West, Inc.
� 1 c IRR H V I
JUL 1 6 191
DIVISION! OF
GRANTEE
Ocean Isle Reality, LTD
COASTAL MANAGIME ,I1_
.) —71.
I'
Enter In appropriate block for each party: name, address, and, if appropriate, character of entity, e.q. corporation or partnership.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and
shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the, Grantee in fee simple, all that
certain lot or parcel of land situated in the City of Ocean...I.sle... Beach .................. ...... Shallot.t.e............ Township,
BrUIlSW1Ck County, North Carolina and more particularly described as follows:
BEING ALL of Lots 22, 23, 24, 25 and 26 according to a map -
entitled "Ocean Isle West", prepared by Jan K. Dale, RLS, a.ne..
being duly recorded in Nap Cabinet H at Page 1972, in the Office
of the Register of Deeds of Brunswick County, North Caroli.na.
THESE LOTS are subject to a sixty foot wide access across the
back of the lot. The said center line of the sixty foot access
will be located forty feet from the back of the lot adjoining Old
South Creek.
.L.
N. C. air Assoc. Form No. 3 c 1976. Revised (Cl 1977 — Jameswariams & Cn., lnc., Bo+ 177, Vadkinville, N. C. 27055
e..,n�nw wm. me N C. na, ns.nc.. 1401