20060775 Ver 1_Other Agency Correspondence_20061204

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NCDENR
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
November 30, 2006
Ms. Linda H. McCown
McCown & McCown, P.A.
Attorneys At Law
300 Sir Walter Raleigh Street
Manteo, NC 27954
Dear Ms. McCown:
Thank you for your most recent letter of November 22, 2006, to Mr. Ted Tyndall,
Assistant Director for permits and enforcement of the North Carolina Division of Coastal
Management (DCM), whereby you requested written confirmation of the presence of coastal
wetlands on lots 7, 10, and 11 in Holiday Shores Subdivision, in the Town of Rodanthe, Dare
County, North Carolina. Mr. Tyndall has asked me to respond to your request and to apologize
for him the seemingly long delay in responding.
On October 6, 2006, Mr. Tyndall and myself were onsite at the lots in question and
determined that although there were substantial coastal wetlands adjacent to the area and the
presence of at least two coastal wetland species on lot #7, it appeared that the area within lots 7,
10, and 11 were not subject to the regular or occasional flooding from the tides as necessary to
be determined a Coastal Wetland Area of Environmental Concern (AEC). Therefore, the DCM
is not claiming coastal wetland jurisdictional with the wetlands on the three subject lots.
However, please note that the DCM is claiming the open waters of the adjacent canal as
Estuarine Waters and that 75' landward of the normal high water of the canal is within the
Coastal Shoreline AEC. Therefore, any development within the Coastal Shoreline will require a
Coastal Area Management Act (CAMA) permit before work can begin.
I appreciate your efforts to comply with the permit requirements of the DCM. If I can be
of further assistance, please feel free to contact me.
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Sincerely,
;.
ohn Cece
Field Representative
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: wvvw.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 30% Post consumer Fiber Paper

Ms. Linda McCown
November 30, 2006
Page 2
cc: M. Ted Tyndall -Assistant Director, DCM, Morehead City
Frank Jennings -District Manager, DCM, Elizabeth City
Tom Steffens - USACOE, Washington
Cindy Karoly -DWQ, Raleigh
Kyle Barnes -DWQ, Washington Regional Office