20090606 Ver 2_Other Agency Comments_20110630

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson
Governor Director
June 28, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Beaufort Partners, LLC
Mr. Allen Thomas
PO Box 14165
New Bern, NC 28560
Dear Mr. Thomas:
RECEIVED
JUN 3 0 2011
REG. WILM, FLD, OFC.
Dee Freeman
Secretary
This letter is in response to your application for a Major Modification to Permit No.
103-09 under the Coastal Area Management Act (CAMA) and State Dredge and Fill Law, in
which authorization was requested for the reconfiguration and expansion with associated
dredging to the previously authorized marina facility, adjacent to Town Creek, at 103, 113,
and 115 Cedar St. in Beaufort, Carteret County. Processing of the application, which was
received as complete by the Division of Coastal Management's Morehead City Office on
April 13, 2011 is now complete. Based on the state's review, the Division of Coastal
Management has made the following findings:
1) The previously authorized marina facility, which received an Amended CAMA
Major Permit on January 6, 2010, allowed for "Dock A" and "Dock B" to extend to
the one-fourth the width of the waterbody of Town Creek.
2) The proposed project would extend the previously authorized marina facility an
additional 145 feet ("Dock A") and 158 feet ("Dock B") into the waters of Town
Creek for a total distance of approximately 425 feet ("Dock A") and 430 feet
("Dock B") from the normal high water level. The width of the Town Creek'at the
proposed project location has been calculated at 1,120 feet at "Dock A" and 1,088
feet at "Dock B". Therefore, the proposed project would extend approximately 145
feet ("Dock A") and 158 feet ("Dock B") beyond one-fourth the width of the
waterbody.
400 Commerce Ave., Morehead City, NC 28557-3421
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement, net
An Equal Opportunity 1 Affirmative Action Employer
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NorthCarolina
;WIM171111
Mr. Allen Thomas
Beaufort Partners, LLC
June 28, 2011
Page 2
3) 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)(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..."
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 the 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 4
§ 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 be filed with this office.
Also, 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.
Mr. Allen Thomas
Beaufort Partners, LLC
June 28, 2011
Page 3
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.
Doug Huggett at [phone], extension 212.
Sincerely,
\ o - ?.
J Vs H. Gregson
cc: Colonel Jefferson Ryscavage - U.S. Army Corps of Engineers, Wilmington, NC
David Kennedy, Director - OCRM/NOAA, Silver Spring, MD
David Timpy, USACE