20080703 Ver 1_DCM Comments_20080730

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North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
July 30, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. David G. Hooks
14 Meridan Road
Stafford, VA 22556
Dear Mr. Hooks:
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 install an 8.5' x 12.5' boatlift at the
end of an existing pier located in Goose Creek, in Carteret County. Processing of the application, which
was received as complete by the Division of Coastal Management's Morehead City Office on March 5,
2008, is now complete. Based on the state's review, the Division of Coastal Management has made the
following findings:
1) A general permit was issued on August 8, 2007 for the pedestrian access pier with a note that
stated, "This facility is located within a Primary Nursery Area, and is not for boating use. No
slips are permitted for vessels-motorized, sail, or other. Any kicking or prop wash will be
considered a violation of this permit, and of the CAMA and D&F Act."
2) The MP-4 application dated January 3, 2008 stated that the facility currently had two boat slips.
3) The proposed boatlift would be located in a Primary Nursery Area as designated by the North
Carolina Division of Marine Fisheries (DMF).
4) The water depths in the area of the proposed boatlift are approximately 1.5 feet at normal low
water.
5) The proposed boatlift would extend approximately 158.5 feet into the waters of Goose Creek.
The width of the water body at this location is approximately 618 feet at the project location. The
proposed boatlift would exceed one-fourth the width of the water body by 4 feet.
6) During the course of the joint State and Federal environmental review for the proposed project,
the DMF objected to the proposed project due to the significant adverse impact to the Primary
Nursery Area and shallow bottom habitat from boats using the docking facility.
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
Mr. David G. Hooks
July 30, 2008
Page 2
7) The Division of Coastal Management has determined that the proposed project is inconsistent
with the following rule 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."
b) 15A NCAC 07H.0208(a)(2)(B), which states that "Before receiving approval for location
of a use or development within these AECs, the permit-letting authority shall find that no
suitable alternative site or location outside of the AEC exists for the or development and,
further, that the applicant has selected a combination of sites and design that will have a
minimum adverse impact upon the productivity and biologic integrity of coastal
marshland, shellfish beds, beds of submerged aquatic vegetation, spawning and nursery
areas, important nesting and wintering sites for waterfowl and wildlife, and important
natural erosion barriers (cypress fringes, marshes, clay soils).
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 either Mr. Doug Huggett or Mr.
Daniel Govoni at [phone].
Sincerely,
s 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