20080344 Ver 1_DCM Comments_20080620

ANCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor
James H. Gregson, Director
June 18, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Ralph Mullis
Wilmington Light Infantry Club
503 Colony Circle N.
Wilmington, NC 28409
Dear Mr. Mullis:
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Resources
William G. Ross Jr., Secretary
k??GOdC?D
JUN 2 0 2008
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
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 replace an existing docking facility
with a new fixed pier, gazebo, and floating docks, in New Hanover County. Processing of the
application, which was received as complete by the Division of Coastal Management's Wilmington
Office on February 7, 2008, is now complete. Based on the state's review, the Division of Coastal
Management has made the following findings:
1) The subject property has approximately 51 feet of shoreline, as measured along the normal
high water line.
2) In accordance with the standards set out in 15A NCAC 07H.208(b)(6)(D), the Division has
determined that the maximum allowable platform area for the subject property is 204
square feet.
3) In accordance with the standards set out in 15A NCAC 07H.0208(b)(6), the Division has
determined that the proposed project would result in a total platform size of 320 square
feet.
4) There currently exists an existing pier originating off the subject property. The proposed
pier would extend approximately 15 feet waterward from the end of the existing pier
structure.
5) Based upon the above referenced findings, the Division has determined that the proposed
project is inconsistent with the following rule of the Coastal Resources Commission:
a) 15A NCAC 07H.208(b)(6)(D), which states "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."
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer -50% Recycled \ 10% Post Consumer Paper
Wilmington Light Infantry Club
June 18, 2008
Page 2
6) The Division has further determined that, due to the waterward extension of the new
docking facility relative to the existing docking facility, the non-conforming development
standards found in 15A NCAC 07J.0211 do not apply.
Given the preceding findings, it is necessary that your request for issuance of a CAiV1A 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 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.
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 or Mr. Daniel
Govoni at [phone].
ncerely, ? - \ - &T>'."
J m s H. Gregson
cc: Colonel John Pulliam - U.S. Army Corps of Engineers, Wilmington, NC
David Kennedy, Director - OCRM/NOAA, Silver Spring, MD
David Timpy, ACOE
DCM - Morehead City
DCM - Wilmington
George Wood, PO Box 3368, Kill Devil Hills, NC 27948