20041517 Ver 1_Other Agency Comments_20050127

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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
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January 20, 2005 J/aN
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CERTIFIED MAIL
RETURN RECEIPT REQUESTED
DENR -WATER ~ALITY
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N.C. Seafood Industrial Park
P.O. Box 549
Wanchese, NC 27981
Dear Sirs:
This letter is in regard to your application request under the Coastal Area Management Act
(CAMA) to construct the Broad Creek Marina adjacent to N.C. Seafood Industrial Park property in
Wanchese, Dare County. Processing of the application, which was received as complete by the Division
of Coastal Management's Elizabeth City office on September 7, 2004, is now complete. Based on the
state's review, the Division of Coastal Management has made the following findings:
1) The proposed project would be constructed within the Wanchese Harbor Basin, a heavily utilized
man-made basin adjoining Mill Creek, off the Roanoke Sound. The width of the harbor basin in .
the vicinity of the proposed marina facility is approximately 500 feet at its narrowest point.
2) The proposed marina facility will extend approximately 250 feet into, or 50 percent across, the
Harbor basin.
3) During the course of the joint State and Federal agency review process, the N.C. Division of
Marine Fisheries (DMF) expressed concern about the proposed project's potential impact to
navigation into and out of the Harbor.
4) During the course of the public review process, letters of objection were received from two
individuals, each of whom own a business in the vicinity of the proposed ma
rina. These objections were due to anticipated negative impacts to navigation within the Harbor.
5) Based upon the findings outlined above, the proposed project has been determined to be
inconsistent with the following Rules of the Coastal Resources Commission:
15A NCAC 07H.0207(d), which states"..., any use which significantly interferes
with the public right of navigation or other public trust rights which the public may
be found to have in these areas shall not be allowed.",
15A NCAC 07H.0208(a)(2)(H), which states "Development shall not impede
navigation or create undue interference with access to, or use of, public trust areas
or estuarine waters. ",
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

N.C. Seafood Industrial Park
January 20, 2005
Page 2
1 SA NCAC 07H.0208(b)(5)(H), which states "Marinas shall be designed to
minimize adverse effects on navigation and public use of public trust areas while
allowing the applicant adequate access to deep waters. "and
1 SA NCAC 07H.0208(b)(6)(J)(iii), which states "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. ".
Given the preceding findings, it is necessary that your request for issuance of a CAMA Major
Permit 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 recorrimendation to the Coastal Resources Commission. Your request for a hearing must be
in the form of a written petition, complying with the requirements of § 1 SOB 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, [phone], within twenty (20) days from the date of this letter. A copy of
this petition should be filed with the Division of Coastal Management's Raleigh office.
Also, you should be advised that as long as this state permit renewal 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 (30) 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.
2808.
If you have any questions concerning this matter, please contact Mr. Doug Huggett at (252) 808-
Sincerely,
Charles S. Jones ~../
CSJ/dh
cc: Mr. Eldon Hout, Director - OCRM/NOAA, Silver Spring, MD
Colonel Charles R. Alexander - U.S. Army Corps of Engineers, Wilmington, NC
Jim Bailey