20090886 Ver 1_More Info Letter_20091130

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North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue, Governor James H. Gregson, Director Dee Freeman., Secretary
November 24, 2009
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RETURN RECEIPT REQUESTED NOV 3 0 2009
Richard Pascal
260 Outback Road
Chapin, SC 29036
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DENR - WATER OLIALITY
WETLANDS AND STORMWATER BRANCH
Dear Mr. Pascal:
This letter is in response to your application for a Major Permit under the Coastal Area
Management Act (CAMA), in which authorization was requested to construct a docking facility
consisting of a 770' pier with a 16' X 16' "T"-Head, (2) 13' X 16' boatlifts, a 20' X 6' finger
pier and 8' X 16' floating dock, over Jinks Creek to the Atlantic Intracoastal Waterway
(AIWW), in Brunswick County. Processing of the application, which was received as complete
by the Division of Coastal Management's Wilmington Regional Office on July 9, 2009, is now
complete. Based on the state's review, the Division. of Coastal Management has made the
following findings:
1) The subject property is located adjacent to Jinks Creek. The property has 100 foot
of shoreline fronting Jinks Creek.
2) Jinks Creek is approximately 230 feet wide at this location, as measured from the
waterward edge of the Coastal Wetlands on both side of Jinks Creek.
3) The proposed pier would cross Jinks Creek in its entirety, cross an additional
expanse of Coastal Wetlands, before terminating within the AIWW.
4) The subject property has riparian access rights to Jinks Creek. The proposed pier
structure extends beyond the riparian access area for this property. The riparian
access area for this property is established by drawing a line along the Jinks Creek
channel 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.
5) Numerous residential piers exist along this section of Jinks Creek. These existing
piers extend into the waters of Jinks Creek an average of approximately 50 feet, as
measured from the waterward edge of Coastal Wetlands bordering Jinks Creek,
while the proposed pier extends waterward approximately 670 feet from the
waterward edge of the Coastal Wetlands bordering Jinks Creek.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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Richard Pascal
November 24, 2009
Page 2
6) The combined area of the proposed platform, finger piers and floating dock is 504
square feet.
7) Based upon the above referenced findings, the Division has determined that the
proposed project is inconsistent with the following rules of the Coastal Resources
Commission:
a) 15A NCAC 07H.0208(b)(6)(J)(i), which states that "Pier length shall be
limited by: not extending beyond the established pier length along the
same shoreline for similar use."
b) 15A NCAC 07H.0208(b)(6)(J)(ii), which states that "Pier length shall
be limited by: not extending into the channel portion of the waterbody."
c) 15A NCAC 07H.0208(b)(6)(J)(iii), which states that "Pier length shall
be limited by: not extending more than one-fourth the width of a natural
water body, or human-made canal or basin. Measurements to determine
widths of the water body, canals or basins shall be made from the
waterward edge of any coastal wetland vegetation which borders the
water body."
d) 15A NCAC 07H.0208(b)(6)(D), which states that "The combined area
of all "T"s, finger piers, platforms, and decks must not exceed a
combined total area of four square feet per linear foot of shoreline.
Projects requiring dimensions greater than those stated in this Rule shall
be permitted only if the greater dimensions are necessary for safe use, or
to support a water dependent use that cannot otherwise occur."
Given the preceding findings, it is necessary that your request for issuance of a CAMA
Major Permit under the Coastal Area Management Act be denied. This denial is made pursuant
to N.C.G.S. 113A-120(a)(8) which requires denial for projects inconsistent with state guidelines
for Areas of Environmental Concern or local land use plans.
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, 6714 Mail Service Center, Raleigh, NC 27699-6714, within twenty
(20) days from the date of this letter. A copy of this petition should also be filed with this office.
Richard Pascal
November 24, 2009
Page 3
Additionally, you are advised that as long as this state permit denial stands, your project
must be deemed inconsistent with the N.C. Coastal Management Program, thereby precluding
the issuance of federal permits for this project. The Federal Coastal Zone Management Act
(CZMA) gives you the right to appeal this finding to the U.S. Secretary of Commerce within
thirty days of receipt of this letter. Your appeal must be 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.
Members of my staff are available to assist you should you desire to modify your
proposal in the future. If you have any questions concerning this matter, please contact Mr.
Jonathan Howell at [phone], extension 211.
Sincerely,
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J es H. Gregson
cc: Colonel Jefferson M. Ryscavage - U.S. Army Corps of Engineers, Wilmington, NC
David Kennedy, Director - OCRM/NOAA, Silver Spring, MD
Dave Timpy, USACE
DCM - Wilmington