Denial Letter From DEHNR to New Hanover County and Town of Wrightsville Beach September 4, 1996

The application for the installation of sandbags to protect Shell Island Resort from erosion shows that the erosion scarp is within approximately 175 feet of the foundation of the Resort at its closest point.

The drawings submitted show the proposed sandbags will be placed 90-110 feet from the foundation of Shell Island Resort.

The sandbags will extend approximately 100 feet past the east end of the Resort and 130 feet past the west end.

The sandbags will have a base width of 60-62 feet and will be 18 feet high.

Preston P. Pate, Assistant Director of DCM states that he has determined that this proposal is inconsistent with the following requirements of Rules 15A NCAC 7H.1700 and 7H.0308 which apply to the project:

1. 7H.1705(a)(2) and 7H.0308(a)(2)(B) provide "Temporary erosion control structures may be used only to protect imminently threatened roads and associated rights of way, and buildings and associated septic systems. A structure will be considered threatened if its foundation is less than 20 feet away from the erosion scarp. Buildings located more than 20 feet from the erosion scarp may also be found to be imminently threatened when site conditions, such as flat beach profile or accelerated erosion, tend to increase the risk of imminent damage to the structure."

The foundation of the resort building is substantially farther than 20 feet from the erosion scarp. While the erosion at this site is severe, I do not believe that it meets the definition of "accelerated" as that term was intended to be used in the rule.

2. 7H.1705(a)(5) and 7H.0308(a)(2)(E) provide "Temporary erosion control structures must not extend more than 20 feet past the sides of the structure to be protected. The landward side of such structure shall not be located more than 20 feet seaward of the structure to be protected."

The proposed project would extend more than 20 feet past the sides of the structure to be protected. The project would be substantially more than 20 feet seaward of the structure to be protected.

3. 7H.1705(a)(10) and 7H.0308(a)(2)(J) provide: "Sandbags used to construct temporary control structures shall be tan in color and three feet wide and seven to 15 feet long when measured flat. Base width of the structure shall not exceed six feet."

The width and height of the proposed project and the size of individual bags would substantially exceed these parameters.

If permittees wish to appeal this decision, they 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 Resource Commission. Requests for hearings must be filed, in writing, within 20 days receipt of the decision on the permit.