20081226 Ver 1_Other Agency Correspondence_20101004

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NCDENR -?- D g
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson Dee Freeman
Governor Director Secretary
October 4, 2010
Mr. John Jenkins
Mrs. Etta Rooks
1939 Kings Landing Road
Hampstead, NC 28443
Dear Sir:
This letter is in response to your application for a modification to Major Permit No. 198-08 under the Coastal Area
Management Act (CAMA), in which authorization was requested to allow for the relocation of the previously authorized
docking facility, in Hampstead, Pender County. Processing of the application, which was received as complete by the
Division of Coastal Management's Wilmington Office on March 29, 2010, is now complete. Based on the state's review,
the Division of Coastal Management has made the following findings:
1) The existing docking facility extends a maximum of 21 feet into a canal adjacent to the Atlantic Intracoastal
Waterway (AIWW). The width of the canal at this location is approximately 31 feet, as measured from the
bulkhead fronting the subject property to the edge of the coastal wetlands on the opposite side of the canal.
2) The existing docking facility has been determined to be inconsistent with 15A NCAC 07H.0208(b)(6)(G)(iii),
which states that pier and docking facility length shall be limited by not extending more than one-fourth the width
of a natural water body, or human-made canal or basin. Therefore the existing docking facility is considered a non-
conforming development.
3) The proposed development would shift an 8 feet X 20 feet dock to the north by a distance of 4 feet. The existing
4 feet X 20 feet shore-parallel finger pier would be moved 10 feet off shore, and a 10 feet X 10 feet boatlift would
be constructed along the landward side of the relocated finger pier. Therefore, the proposed new development has
been determined to be inconsistent with 15NCAC 07H.0208(b)(6)(G)(iii).
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Amorally
Mr. John Jenkins
Mrs. Etta Rooks
October 4, 2010
Page 2 of 2
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 § 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.
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.
If you have any questions concerning this matter, please contact Mr. Daniel Govoni at [phone].
Sincerely,
Ja e . 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, ACOE
DCM central file
Steve Everhart, DCM
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] \ FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer
NorthCarolina
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