36578_HAMIL, GERALD_20040413

DCAMA / 0 DREDGE-& r-411LL 8A
GENERAL -PERMIT Previous permit #
ENew ElModification --]Complete Reissue El Partial Reissue Date previous permit issued
As authorized by the State of North Carolina, Department of Environment and Natural Resources
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC
Rules attached.
Applicant Name ffs" aj� u Project Location: County
Address Street Address/ State Road/ Lot #(s)
;1k,
Ci State ZIP L
Phone # _Fax #(—) Subdivision
Authorized Agent city
ZIP
Affected 7 Cw El EW El PTA DES D PTS Phone# River Basin
AEC(s): El OEA El HHF F- lH E� UBA Ll N/A Adj. Wtr. Body (nat /man" /unkn)
El PWS: E] FC: Closest Maj. Wtr. Body
ORW: yes / no PNA yes / no Crit. Halb. yes no
Type of Project/ Activity
(Scale:
Pier (clock) length
Platform(s)_
Finger pier(s)
J
Groin length
number
Bulkhead/ Riprap length
avg distance offshore 4. -t
max distance offshore r
Basin, channel
cubic yards
Boat ramp
Boathouse/ Boatlift
Beach Bulldozing
Other
Shoreline Length
SAV. not sure yes
Sandbags: not sure yes no
Moratorium: n/a yes no,
Photos: yes no
Waiver Attached: yes no
A building permit may be required by:
Notes/ Special Conditions
Agent or Applicant Printed Name 71
Signature Please read compliance statement on back of permitl�—*
Application Fee(s) Check #
— See note on back regarding River Basin rules.
Permit Officer's —Signt.ee
Issuing Date Expiration Date
Local Planning Jurisdiction
Rover File Name

Statement of Compliance and Consistency
This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become
null and void.
This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The
applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will
confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local
ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian
landowner(s) .
The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available
information and belief, certifythat this project is consistent with the North Carolina Coastal Management Program.
River Basin Rules Applicable To Your Project:
❑ Tar- Pamlico River Basin Buffer Rules ❑ Other:
❑ Neuse River Basin Buffer Rules
If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the
River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of
Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-648 I) or the Wilmington
Regional Office (910-395-3900) for more information on how to comply with thesebuffer rules.
Division of Coastal Management Offices
Central Office Elizabeth City District
Mailing Address: 1367 U.S. 17 South
1638 Mail Service Center Elizabeth City, NC 27909
Raleigh, NC 27699-1638 252-264-3901
Location: Fax: [phone]
Parker -Lincoln Building
2728 Capital Blvd.
Raleigh, NC 27604
919-733-2293 / 1-888-4RCOAST
Fax: [phone]
(Serves: Camden, Chowan, Currituck,
Dare, Gates, Pasquotank and Perquimans
Counties)
Morehead City District
151-B Hwy. 24
Hestron Plaza II
Morehead City, NC 28557
202-808-2808
Fax: [phone]
(Serves: Carteret, Craven, Onslow -above
New River Inlet- and Pamlico Counties)
Washington District
943 Washington Square Mall
Washington, NC 27889
252-946-6481
Fax: [phone]
(Serves: Beaufort, Bertie, Hertford, Hyde,
Tyrrell and Washington Counties)
Wilmington District
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
910-395-3900
Fax: [phone]
(Serves: Brunswick, New Hanover,
Onslow -below New River Inlet- and
Pender Counties)
www. nccoastal management. net
Revised 10/05/01

Al
NCDENR 9
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
APR 2 3 2004 April 20, 2004
Alice L. and William M. Swailes
107 E. Seminary Street
Mercersburg, PA 17236-1605
Re: Objection to the Issuance of CAMA General Permit No.
36578-A to Gerald B. Hamil, 338 Sir Chandler Drive,
Colington Harbour, Dare County
Dear Mr. and Mrs. Swailes:
This letter is in response to your objection as an adjacent riparian property owner to a permit
request from Mr. Gerald B. Hamil for a bulkhead, dock and mooring pilings project in the
Colington Harbour Subdivision in Dare County. Dennis Hawthorn, of the Division of Coastal
Management staff, was recently onsite to evaluate the permit applicant's request.
The permit applicant has requested a permit to replace 39 linear feet of an existing bulkhead, and
the construction of a 24-foot wide by 6-foot long dock along the shoreline of Lot 56, with 6
mooring pilings waterward of this dock structure. Under the Coastal Area Management Act
(CAMA), the Coastal Resources Commission (CRC) has established Rules for General Permits
for this type of development that are found in 15A NCAC 07H .1100 and 07H .1200
You have notified the Division of Coastal Management of your objections to this proposed
development by returning an adjacent riparian notification form that indicated you have
objections to this proposal, and did not wish to waive the 15 feet setback requirement. Your
objections to this proposed development were not further defined, but you did note that you do
approve of a new bulkhead. I understand that you and Mr. Hawthorn have spoken by telephone,
and that he has also spoken with your son concerning your objections. He has confirmed that you
were not opposed to Mr. Hamil's proposed bulkhead replacement, and that your concerns were
directly related to the possibility that the proposed mooring piles and dock structure would
restrict your riparian access. Mr. Hawthorn has reviewed your objections, along with all aspects
of this development proposal for consistency with the aforementioned Rules, which describe the
CRC's standards and guidelines for this type of development. Our review of the proposed
development has found it to be consistent with these Rules.
During Mr. Hawthorn's site visit, he noted that the width of the basin/canal is an approximate
distance of 390 linear feet across. The proposed dock will be offset 15 feet to the east of your lot,
Lot 57, and outside of the adjacent riparian setback between your property and Mr. Hamil's. The
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 30% Recycled by Fiber Weight

Alice L. and William M. Swailes
April 20, 2004
Page 2
three mooring pilings on the side of the slip nearest your lot will be aligned to be 15 feet from
your riparian alignment and thus outside of the adjacent riparian setback between your property
and Mr. Hamil's. The proposed pilings will extend a distance of 65 feet waterward of the new
bulkhead alignment, and at this point will still be 15 feet away from the riparian line.
The Permit for this proposed development has included conditions that limit the construction to
the design depicted on the project sketch, and require that all work on the pier, dock and mooring
pilings remain outside of, and not interfere with, adjacent riparian corridors and setbacks.
After having given careful consideration your objections to this proposed development, we have
determined that it is consistent with the Rules of the CRC and the State's Coastal Management
Program, and that all pre -requisites have been satisfied. Therefore, the Division of Coastal
Management issued General Permit No. 36578-A on April 13, 2004 (copy attached) for the
proposed development.
If you wish to appeal this permit decision, you must file a Third Party Hearing Request Form
with the Director of the Division of Coastal Management within 20 days of the permit issuance
date. If you choose to pursue an appeal, please contact this office so that we can provide you
with the appropriate forms and addresses.
If you have any further questions regarding this matter, please do not hesitate to contact Mr.
Dennis Hawthorn, or me, at this office.
Sincerely,
Ted Sampson
District Manager
TS/DH/yc
cc: Dennis W. Hawthorn, Division of Coastal Management, Elizabeth City, NC
L-'Charles S. Jones, Director, Division of Coastal Management, Morehead City, NC
Gerald B. Hamil, 338 Sir Chandler Drive, Kill Devil Hills, NC

gq,ae�w7)w
r
X CAMA g0REDGE*8r.•FlLL ' "
u6578A
R •�PE'RMIT
Previous permit #
ew IlModiflcation ..:❑Complete Reissue
❑Partial Reissue Date previous permit.issued
As authorised by the State of North Carolina, Department of Environment and Natural Resources
in an area of•environmental concern pursuaht to: 15A NCAC
and the Coastal Resources Commission
les attached.
Name
Project Location: County
Applicant
{.
Street Address/ State Road/ Lot #(s)( L
Address'-
VI'" State zip.
h:2 j
City41
Z` q # .
Phone # {) Fax —)
Subdivision. �4 A JZ
ti...
Authorized Agent
C �ZIP ".
D CW A ❑ PTS
;: Affected O UBA ' O N/A
Phone`.# . ( ) River Basin —
J�,/j ! 6 Sj
❑ otA .O Htj IH
AEC(s):. . - . ..FC:
Adj. Wtr. Body "
1 nat ma unkn
..
0. PWs;
Crit: Hab.
•.ORW: yes 1 o ? PNA yes : 10
Y es / Closest Maj. Wtr. Body
Type of'. ro�ect/AcciTivity
(Scale: )
Pier ock *.h
Platforms)
Finger piers)
Groin length
number
ulk Riprap length_
avg distance offshore
max distance offshore
0
Y:. Basin, channel
cubic yards...
Bpatramp ;
F. Boathouse/ Boatiift
Beach Bulldozing
Other
f.
it !Shoreline Length
SAV; . not sure yes
Sandbags: not sure yes f'"
Moratorium: n/a yes o -!-
Photos: yam' no
Waiver Attached: CA
yes
A building permit may be required by:
Notes/ Special Conditions
, ,AQ �3 Mr
ent or plicant Print Name
Signature ** Please read comp ian ce statement qn back of perm
44
7:I
-
-
—
i
SUT-
i
r
-
-
X
1
7­
I—
��-1.-isi--'
ir•�Ar
TSr•r•
It• :•^i%�"���
i
��7
c�
1 : AS��I(�-
-
T
J 1
,.
t
!
�1
i 1.
, !
I
F See note on back regarding River Basin rules.
IK
IssuipgDate Exp!rat!o Date
Local PlanningJurisdiction Rover File Name