20041517 Ver 2_Other Agency Comments_20080813

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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
August 13, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Bob Peele, Director
N.C. Seafood Industrial Park Authority
P.O. Box 549
Wanchese, NC 27981
Dear Mr. Peele:
This letter is in regard to your application request under the Coastal Area Management Act
(CAMA) for a major modification to Permit No. 119-05, which was originally issued by CRC variance on
July 18, 2005. The major modification involves the construction of additional slips at the Broad Creek
Marina, which is located within the 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 March 14, 2008, 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 adjacent to the existing Broad Creek Marina main
access pier. The existing marina currently offers 49 formalized boat slips. The major
modification proposal, as amended by the applicant's authorized agent on May 12, 2008, involves
the construction of an additional 9 boat slips, and the removal of 6 existing slips.
2) The entire project would take place 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 565 feet.
3) The newly proposed boat slips will extend approximately 300 feet into, or approximately 53
percent across, the harbor basin.
4) During the course of the joint State and Federal agency review process, no concerns were raised
concerning potential navigational impacts resulting from the proposed addition of the nine slips.
Additionally, no public comments were received as a result of the public review process.
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.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. ".
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
N.C. Seafood Industrial Park
Page 2
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 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, [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,
Jam s H. Gregson
JHG/dh
cc: Mr. David Kennedy, Director - OCRM/NOAA, Silver Spring, MD
Colonel Jefferson Ryscavage - U.S. Army Corps of Engineers, Wilmington, NC