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HomeMy WebLinkAbout84-0020_Barton, Richard A. & Freeman William P._19840308 (3)12 APPLICATION FOR R CAMA � .-�I�I I NCR ©E V EPMENT l PERK IT k ` In,1974, tti ¢ North Carolina General Asserr�t' bly passed to Coastal Area hiaii Afr)'` �iand set,the'stage for guiding, doveloprrient n the fragilerarid productive areaswich border s Jthe state estuaries, sounds,and oceanfront. '- Along-withxequir rig sticlalsCare by those*' t rho build andjlevefiop; the General Assembly directed the Coasfal"Resou ces Commission tol „. ,implement,clear regulafionstwhich minimize v ; he,bu'rden on the applicant. This application,for, minor d, ve lopment per- 'y , ' Irriit under CAN is part, of the Corjimis`sion's' effo vfo meet the sprit andWintent of the "general Assembly. It has been designed to be i r` ,`"., Vstraightforward andtrequire no more time or l ` effort�thannecessary from the applicant. PI easg go q�rerthis folder with the -Local d TermitOfficerfor tie locality in which you plan do build to 66 CertajnAhat you under- i , 'stand what information_he�oc she:needs. r-- Under.CAMA regu,a ions the minor permit i is o be issued within days once a complete. applicationis in hand. b en less time is needed of the project is situple The process generally ` Makes about 18 days ou can help speed the approvarprocess by raking certain that your application is complete and signed, that your drawingmeets the specifications given inside andthati-your ap Ication fee is attached. Other permits are,sometimes required for _ development in the coastal area. While these , re not.CAMA�related, we urge,you to check .� d with=the L&ak Permit Officer o�determirte hic of these ou ma need. A Iistinjis * t- -_ . y _., Y � _ included�ort-page, 2,of•the•folder. `We appreciate your cooperation with the -- North -Carolina coastal management program and your willingness to build in a way which err, protects the resources of our beautiful and productive coast. b ..�. � 'Coastal Resources Commission �* Office of Coastal Management : — GENERAL INFORMATION 1. LANDOWNER ` Name �xt 1t i1 �� 0.�0 �1� \ 1 f� `I`!` �• �eeem0.r Address`` Z`y �wh'� { S� o City _ \ a\11Q Cc\�V \u � State �1 •y • Zip _ 31 1 Phone 6 �A ' y zS�--j 60 2. AUTHORIZED AGENT Name �ytzs � Address (41 %2. City Wt �k �cv't� C' ms State 1V `C ' Zip 21� Phone 7 -76 65- 3. LOCATION/DESCRIPTION OF PROJECT �-� 3 Q�� SeC• ��.c,`� �r�tl!� S r�o<eS 4. AREAS OF ENVIRONMENTAL CONCERN (AEC) CLASSIFICATION (To be filled in by Local Permit Officer prior to completing application.) Ocean Hazard S. PROPOSED USE Estuarine Shoreline Other Residential Commerical/Industrial _h Other 6. SIZE OF BUILDING IN SQUARE FEET: —A-1066 q,,Y"4 7. SIZE OF SITE IN SQUARE FEET: \ � r n q -� i"' This application includes: general information (this form), a site drawing as described on the back of this application, the ownership statement, the AEC hazard notice where necessary, a check for $25.00 made payable to the locality, and any information as may be pro- vided orally by the applicant. The details of the applica- tion as described by these sources are incorporated without reference in any permit which may be issued. Deviation from these details will constitute a violation of any permit. Any person developing in an AEC without a CAMA permit is subject to civil, criminal and admini- strative action. OTHER PERMITS MAY BE REQUIRED... This t e 2� day of Fero • , 19=. Applicant's signature (or authorized agent) Indicate below address and phone if not shown above. The activity which you are planning may require permits other than the CAMA minor permit you are applying for here. As a service we have compiled a listing of the kinds of permits which might be required. We suggest that you check over this list with your Local Permit Officer to determine which, if any, of these may apply to your project. This is not a requirement of CAMA, only a suggestion to help you complete your project as quickly as possible. zoning ... drinking water well ... septic tank (or other sanitary waste treatment system)... burning... electrical ... plumbing ... heating and air conditioning ... insulation and energy conservation ... FIA certification ... sand dune ... sediment control ... subdivision approval ...mobile home park approval ... highway connection ... others: Dare C nt�1(DNRCD) 84-0020 Local Ge err.rr Permit Number CAMA MINOR DEVELOPMENT PERMIT -� as authorized by the State of North Carolina, Department of Natural Resources and Community Development and the Coastal Resources Commission for developWil - ment in an area of environmental concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management." Issued to Mr. Richard A. Barton and Mr. William P. Freeman authorizing development in Duck at Lot 3, Block A, Section 1, Duck Ri gde Shores Division as requested in the permittee's application dated February 27, 1984 This permit, issued on March 8, 1984 , is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1. All development will be in accordance with attached application and plats. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this permit must cease until the appeal is resolved. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modifications not covered under this permit require further written permit approval. All work must cease when this permit expires on September 8. 1984 In issuing this permit it is agreed that this project is consis- tent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Office of Coastal Management. -7164w,in, 9f &AL Lo emit Officer (signature) Nelson G. Paul Office of Coastal Management name 108 South Water Street E!!Zdbeth City, N. C. 27909 address (919) 338-1558 Permitee (signature required if special conditions above apply to permit) ti e2w c r ff�J `t� now_0 ww.10-1; — �F \! g In 71 Yok!2I r ^w 'VV AV ZwUr_ /-C'PIZ llrzllll� 'W"95' "/N5114 (4,7" WW" &Ir 3 - IN /!7 74( C. P. LEWIS, JR., CERTIFY THAT"' THIS MAP MY DIRECTION AND SUPERVISION WAS DRAWN FROM AN ACTUAL FIELD LAND 0 SURVEY, THAT THE ERROR OF CLOSURE AS CALCULATED BY LATITUDES AND DE?APTUrX- 6 Nj IS THAT THIS MAP WAS PREPARED IN ACCORDANCE WITH GS 47-30 AS AMENDED - WITNESS My HAND AND SEAL THIS -------------- C. V. LEWIS, L-2441 k1a 112 - Z' I i t 117k1w . OV/- \k CAR"' 0 SEAL *% L-2441 oo E I ► ju P. Lewis SURVEYOR NC REG. NO L-2441 400B S. CROATAN HWY. 10/1* 1;17 7 P. O. Box 2228 aw. 0-011 IrX Kill Devil Hills, NC 27948 (919) 441-2113 ��y fi9k,01 /W 44 46l g4 I �V- fx/p OFFER TO PURCHASE'ANCa � CONTRACT Richard A. Barton and Wii�.i*lll P. Freeman. and......................... eck Onor�ito �.. ..... ... . as Buyer, hereby agrees toof head dexri ... ' " "............................................ as Seller, �'d7 awm s a sea and convey, aB of that pion. piece of panel 1 below. together with all improvements located thereon and such per. sonar property as is listed below (the real wad personal pseperty are ooBecavely atesred to u "the Property"). in accordance with the Standard Provisions on the REVERSE SIDE HEREOF and apart floes following teats and utiosu: 1. sBAL ttOrER TY: t.ocatadot the �icyaf. K . • r .. , . ... .................................... County of . Dare .... R . �..:......:.....;.11tawofNarthCarolina, being known as and man partkularly &scrs at�i►ddress ..... .Speckled. Tr I 4T�k Legal Description ....rAt ..3.,.. B1k...A.. Sect lOA.:l •.. AucJs..8xd$e..Shores ................................... . .... 2. PERSONAL PROPERTY:.... n�a•............................ . . .. ..................*^.. ... ....... ...... .. ..... S. PURCHASE PRICE: life put;., prioc u=45,QOQ . QO • ,(Forty-f l,j/Q , 1ptily�'a)}d QO/�Q,R.: and shall be paid as follows: (a) $ 500.00 •, Wi,r bat mo cy paid by ..Cl}ACk........................ ............................................. (cash; bank, 1 1. r pepottal check with the delivery of this contract, to be held in escrow by Duck' S gtt�atl ESta@ as agent, until the sale is closed; at which time it will be credited to Buyer, or until this agreement is otherwise terminated and it is disbursed in accordance with the Standard Provisions on the REVERSE SIDE HEREOF. (b) S n %a by of the unpad pnacpai balaaoe saw: all t i' S4- !=:xur_a by s deed of trust on the Propene; (c) S 40, 000.00 by a promissory'am secured by a purchase money deed of trust on the Property with interest prior to default at the rate of 11.?} % per annum, pa�k by f2Q * * payments of $ 4—SQommencing ono 1 8 Prepayment rights, if any. shall be: charge **with remaining principal balance*of '$39,152'.96 for payment #61. Aswurrpcion or transfer .!fan , shallri a • �/ , nrt n rpns> n c (d) i 4,500.00 the balaaoe of the pu ld m prig in cash at closing: 4. CONDITIONS: (State N/A in each blank of paragmpb 4 (a) and 4 (b) that is act a condition to this ) (a) The Bayer must be able to obtain a fuss commitment effective throw the date oaf �g fog a ..... , Il! :' ..... .... ......... . loan in the principal atnount of i ... n �a . for a Qatn of ... n (a . . yn*). u an interac rate na co e>�eed .....n La.......96 prior to ............4 /?..................... Su agrees to use his bat 966m to acme such eommimwat and to advise Seiler immediately upon his receipt of the lender's decision. Mossgsge hwsa diatsotsas pttiwa usKla Mtcaed , e . t i . .... % of the loan shall be paid by ....... 0/.a............ a" loan dosimCast " bepdd by..... , n/ei....:. t (b) The Buyer must be able to assume'" unpaid priadpal' balance of tbi , „ boa' described in above for the re ,, �+i Pa*VgePb �) mainder of the loan teem, at as isitxnat rate mt co eaoeod ...... _? /.f a .. % fitted at• , . ,* . n l$ ....:................... if such as —pptien requires the l�sappmw*L approval must be granted pnorto ? ,. n1A ........... Buyer agrees to advise Seer immediately upon his recapt of the lender's decision. In addition to any reasonable treader fee (see STANDARD PROVISION No. 2), mortgage loan assumption and/or discount points not to exceed; '.... n/A..................... shall he paid as follows:.......... I ..................... (c) There must be no restrictions, easement, u ning or other governmental regulation that would prevent the reasonable use of the real property for ... residential ..... ........ .... ..... ............................... purvoses. 5. ASSESSMENTS. Seller warrants that there are no encumbrances or special assenmenq. either pending or confirmed. for sidewalk. paving. water. sewer or other improvements on or adjoining the Property, except as follows:............::.. .... . ....none ........................ ..... ............................ .......... (Insert "none" or the identification of any such assessments, if any; the agreement for payment or proration of any ammments indicated is to be set forth in paragraph 6 below.) 6. OTHER PROVISIONS AND CONDITIONS: a All of the Standard Provisions on the V E S DE Fare understood and shall apply to this iwtrument, except the following P y g 6?'! Standard Provisions shall be deleted:.... ` '...?!, ,1� ,: R.. .................................. ...... I (If none are to be deleted, Kate "None" in this blank)G(r,-,.cy�d� This offer to purchase & contract is contingent upon acceptance of buyer's offer for lot 2, Blk. A, Sec. 1, Duck Ridge Shores, Duck, NC and uponNuyer's obtaining a building permit Seller agrees to pay a commission equal to $3,000 on.this'sale to be divided as follows: $2,250 — to Sun Realty, Inc. $ 750 — to Duck's Real Estate (If additional space is needed, the bottom of the reverse side of this page may be used) 7. CLOSING: All panics agree to execute any and all documents and papers necessary In connection with closing and transfer of title on or before ... March 1, 1 y84 .. sic a place designated by .... buffer ... Deed is to be made to .......... uyer .. .............� .. ................................................. ....ah : a:,lasa.l�s. .. 8. POSSESSION: Possession shall be delivered ........:....:.:...........:::.:... ; in the event that buyer has agreed that possession is not delivered at closing, then Seller agrees to pay to Buyer the sum of ................ ri, a..... ...................... per day to and including the date that possession is to be delivered as abovi se forth. 9. COUNTERPARTS: This Offer shall become a binding contract when signed by both Buyer and Seller and is executed in ..................... .......... .................................................. a each hereto. counterparts with an executed counterpart being retained by h party h Date of Off :. ............ .. ....... ...... ...... Date o Acceptance:.............. Y/ .......................... . ..... (SEAL) (, ;�, !!!r'?!T/' ...... (SEAL) Bu s .. ... ... (SEAL) , . ......................... (SEAL) B�(? ........................ Age,u/htrm • I y a wledge receipt of the earwax money herein set forth iw aced ce with tJ}(�' term h�yE(7_C�p- f. Q/(�� S 2 .............................. MiR• !�...STffY. - ! ................. Date Agent By: iv�l This Stanbeen pp Forrn,THE NORTH CAROLINA BAR ASSOCIATION has been approved Standard Form No. 5 REALTOR a iointly by: THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. Revised 3/82 AEC HAZARD NOTICE YOUR PROJECT IS IN AN: " OCEAN ERODIBLE AREA HIGH HAZARD FLOOD AREA This notice is intended to make you, the appli- cant, aware of the special risks and conditions associated with development in this area, which is subject to natural hazards such as storms, erosion or currents. The rules of the Coastal Resources Commission require that you receive an AEC hazard notice and acknowledge that notice in writing before any permit for development in this area can be issued. The Commission's rules on building standards, oceanfront setbacks and dune alteration are designed to minimize, but not totally eliminate, property losses from the hazards. By granting permits, the Coastal Resources Commission does not guarantee the safety of the development and assumes no liability for future damage to the development. The best available information, as accepted by the Coastal Resources Commission, indicates that 21Z56I%V Date INLET HAZARD AREA the annual ocean erosion rate for the area where your property is located is **Z- feet per year. This figure was established by careful analysis of aerial photographs of the coastline taken over the past 30 to 40 years. Studies also indi ate that the shoreline could move as much as feet landward in a major storm. The flood waters in a major storm are predicted to be about feet deep in this area. Shoreline erosion control structures (excluding beach nourishment and berm projects) are not allowed to be built to protect development built after June 1, 1979. Limited pushing up of beach sand is allowed to protect new structures when they are threatened, but bulkheads, groins, or jetties may not be used to protect buildings put in after June 1, 1979. Applicant's Signature The applicant must acknowledge receipt of this information by signing this notice in the space above. Without the proper signature, the application will not be complete. SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and erosion. Permits issued in this area expire in six (6) months. To continue your work past that date you must contact the local permit officer before the expiration` date for a six month permit extension. This is granted if there is no change in the project site or if you have made "substantial progress" on your project. Normally a permit can be extended five(S) times for a total project life of three (3) years. If the site has changed and you have not made progress, the LPO will determine the new "vegetation line and apply the earlier setback distance to show you the new setback for your project. IT IS IMPORTANT TO UNDERSTAND THAT YOU MUST RECEIVE OFFICIAL APPROVAL TO CONTINUE YOUR WORK AFTER THE EXPIRATION. DATE ,ON YOUR -PERMIT. IT IS UNLAWFUL ,TO CONTINUE WITHOUT THIS APPROVAL. FOR MORE INFORMATION, CONTACT: LOCAL PERMIT OFFICER: !vim r�SO V • " Cu' ADDRESS: O-j' : �►G. ••'t� �ct S 1 O I iW�. I O V S LOCALITY: Grp— Co'CAAJ PHONE: SC/Rev. 6/83 r BEFORE YOU BUILD ... I Setting Back for Safety: A Guide to Wise Development Along the Oceanfront When you build along the oceanfront you take a calcu- lated risk. Natural forces of water and wind collide with tons of force, even on calm days. There are no man-made structures guaranteed to survive the force of a hurricane. Long-term erosion (or barrier island migration) takes from two to ten feet of the beach each year and, sooner or later,, will threaten oceanfront structures. These are the facts of life for oceanfront property owners. THE RULES When you build along the oceanfront, coastal manage- ment rules require that the structure be sited to fit safely into the beach environment. Specifically, a structure along the oceanfront must be: (1) behind the frontal dune; and, (2) landward of the crest of the primary dune; and (3) set back from the first line of stable vegetation a distance equal to 30 times the annual erosion rate or 60 feet, whichever is greater. The Coastal Resources Commission has adopted rules for building along the oceanfront. The rules are intended to avoid an unreasonable risk to life and property and to limit public and private losses from both storms and long-term erosion. These rules do not eliminate —but only lessen —the element of risk in oceanfront development. As you consider building along the oceanfront, the CRC wants you to understand the rules and the risks. With this knowledge you can make a more informed decision about where and how to build in the coastal area. THE REASONS The beachfront is an ever -changing landform. The beach and the dunes are nature's "shock absorbers", taking the beatings of the wind and waves and protecting the inland areas. By setting back 30 times the annual long-term erosion rate, you have a good chance of enjoying the full life of the ISETBACK Q I FIRST LINE OF If STABLE NATURAL 30xANNUAL VEGETATION I AVERAGE I I EROSION RATE structure. At first glance, it seems very inviting to build your dream house as close to the beach as possible but in five years you could find the dream has become a night- mare as high tides and storms threaten your investment. PRE -PERMIT STRUCTURE; INADEQUATE SETBACK PERMITTED STRUCTURE; PRE -STORM BEACH PROFILE ADEQUATE POST -STORM BEACH PROFILE SETBACK ONE YEAR AFTER STORM/BEACH REBUILDING After the storm, the house on the dune wili be gone. The other has a much greater chance of survival. THE EXCEPTION The Coastal Resources Commission, recognized thatthese rules, passed in June of 1979, might prove a hardship for a small group of property owners. So there was an exemption established for lots which cannot meet the setback require- ments of 30 times the annual erosion rate. The exemption allows building in front of the setback line under certain conditions. These are: (1) the lot must have been platted as of June 1, 1979, and not capable of being enlarged by combining with adjoining land under the same ownership; and (2) development be as far back on the property as possible and in no case less than 60 feet landward of the vegetation line; and, (3) no development can take place on the frontal dune; and, . (4) special construction standards on piling depth and square footage must be followed; and, (5) all other CAMA, State and local regulations must also be met. The exemption is not available in the Inlet Hazard Area's which are especially dynamic. In seeking this exemption the Local Permit Officer will make these measurements and observations: required setback from vegetation line max. allowable square footage on lowest floor exception setback (maximum feasible) rear property line setback lot area as calculated from vegetation line piling length necessary to extend 4 feet below MSL STATEMENT OF OWNERSHIP i; a I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in Z an area of environmental concern or a person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person listed as landowner on this application has a significant interest in the real property described therein. This interest can be described as follows: (check one) an owner of record title, Title is vested in see Deed Book , page in the b County Registry of Deeds. p an owner by virtue of inheritance. Applicant is an heir to the estate of ; probate was in County. if other interest, such as written contract or lease, explain below or use a separate sheet attached to this application. FCC, iF r r s NOTIFICATION OF ADJACENT PROPERTY OWNERS a r I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. (Name) (Address) (1) i�oc��►. - ��se�1. —Tao��c� , K� Gul�' V't�w +�c�. �c� enoce�4a, . \gUb3 ,'� (2) Ste`' ``- ��ey� 'S. S��w Se)\A!k'Wow_ l�s 1ac�ke�ey WAS (3) o?91.Z (4) FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE SHORELINE EROSION AREAS: I acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to erosion and/or flooding. I acknowledge that the local permit officer has explained to me the particular hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabilization and flood -proofing techniques. PERMISSION TO ENTER ON LAND I furthermore certify that 1 am authorized to grant and do in fact grant permission to the local permit officer and his agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. This the �-� day of Te-, 19.�. pu,�L ddt� Land owner or person authorized to act as his agent for purposes of filing a CAMA application. SITE DRAWING /APPLICATION CHECKLIST Please make sure your site drawing includes the following information required for a CAMA minor development permit. The drawing may be simple and not necessarily to scale. The Local Permit Officer will help you, if requested. PHYSICAL DIMENSIONS label roads label highway right of ways label local setback lines label any and all structures and driveways currently existing on property PHYSICAL CHARACTERISTICS draw and label mean high water mark (MHW) draw location of septic tank or filter field If you will be working in an ocean hazard area: draw and label dune ridges (note height) draw and label toe of dune identify and locate first line of stable vegetation draw and label setback line under CAMA draw and label topographical features (optional) If you will be working in an estuarine shoreline area: draw and label landward limit of AEC describe terrain (slope) DEVELOPMENT PLANS draw and label areas that will be disturbed if house to be placed on lot, describe location of house note size of piling and depth to be placed in ground draw and label all areas to be paved or graveled describe composition of surface note and list fully all trees and vegetation to be removed or relocated show landscaping NOTE TO APPLICANT Have you: • completed all blanks and/or indicated if not applicable? • notified and listed adjacent property owners? • included your site drawing? • signed both application and statement of ownership? • enclosed the $25.00 fee? • completed an AEC Hazard Notice,if necessary? SITE NOTICE POSTED SITE INSPECTIONS FOR STAFF USE FINAL INSPECTION FEE RECEIVED DATE OF ACTION: ISSUED EXEMPTED DENIED APPEAL DEADLINE (20 days)