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HomeMy WebLinkAbout84-0001_Spencer, Loren J. & Lawona R._19840113 (3)APPLICATION FOR 4 w • v CAMA M P-�, OR 4E-L- P ENT j,-J, E---, R"M I l. s (n 1974; N rt CaroUna,Gener1 ssem� „ �, biy passed oasts) -Area Managerner Ac i and sef thus `geor guidrng 46e10 At n the fragile ar c p, o uctive areas Albo T the states es u ses, soun'tts nd`oceanfront. . Along�eq nng�spc#'dare by those' ho build and develop, the�GeA ral Assembly irecied the Cnasaltesou ces GommisslSn to = ' a n. 116rrtentcle#a re"pA ion hich minimize thelburden z n the applicant. , is,applicatic5 t4r a riiinode loprrlept per ` � rt under C A art of €!i ommission's �t x r effort fo e t the.spirit anc intent oft e * s It has been designed to be x a . plan d build; to If to h-thaLyou-under- st +c wfia"t 1' mation,he_ortshemeeds. r MA r u a ions the minor permit aw t oasstted wit in days once a complete h icat 6dis in han i ten less time is needed r p" i tieo ect is si e The process enerall fi 1 P P g Y i t takes'ab out 18 dl^,s ou can help speed the f � �arppr'oval process b}i king certain that your a hcatin is compi and signed, that your A meets�hers a ifications given inside ` r� and that-Youa" I ation fee is attached. 1 Other permits a s metimes required for evelo ment in th" Ex astal area. While these t e not C Alrelattedwexurge you to check �h-tt lac �ferrnit Officer iof t determine_- lithese orma `need =A listin -ism rr�* inciu a "or;•page 2 of'the folder. rs • We appreciate your cooperation with the ,. North.Carolina coastal management program and your willingness to build in a way which ' z protects the resources. of our beautiful and productive coast. a 'Coastal Resources Commission Office of Coastal Management17 — „ _* _ l� _. -- _ m UN22 '84 Res. 814-437-3333 Office 8=437-7814 i %James G.. Andersonoct�. 1394 Pittsburgh.'Road ` Franklin, Pa. . 16323 _ June.15, 1984 Ms. Robin Smith Office of Coastal Management P. 0. Box 276117 Raleigh, NC 27611 Dear Ms Smiths Persuant to our phone conversation today, I believe there has been a violation .of your statute anti/or regulations concerning the issuance of'a Cama Permit to Mr. and Mrs. L. Spencer, owners of Lot Number 33 at Poteskeet, Duck, NC. Your regulations require that any adjoining property owners be notified that (1) residential construction will begin and that (2) a Cama Permit is being applied for. The individual(s) applying for said permit must sign a state- iiwnt that the have indeed notified any and all adjoining property owners of an a ration fo a Cama Permit. M and Mrs. Spen r to my wife and I that they were planning to build (co., ^rloae o mention was made of an application for a Cama Permit. Your comments, please. Sincerely, James G. Anderson cc: David Owens George Wood H. L. Bishop, Jr. Local Permit Officer (signature) �iw�`. address 2.07 di �/ OAP.m Local Government 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 develop- ment in an area of environmental concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management." eq - ove ► Permit Number y Issued to a R arti "77 4S Lai SPOr*Jd6 a sk authorizing development in �44e-W. , at ` !�4 0 br�=0ToW as requested in the permittee's application dated �CxG. 1 G L Z$ This permit, issued on is 14'6`F , 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. d IAA—U �WVOW"60Prw4W*'J Wr e&* W^t Aa.c-vRAA^tGtr N�ZTN v°IrrAa•IdE'O ApoftvGAT=ard #IwA Pi-sk7- 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 .1 :..,J E 830 148,c 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. Permitee (signature required if special conditions above apply to permit) STATEMENT OF OWNERSHIP a r 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 a follows: (check one) by A an owner of record title, Title is vested in ,��-1�.��a,, e,���►— see Deed Book 2-7 -4—, page in the 1 County Registry of Deeds. J vof inheritance. Applicant is an heir to the estate of virtue an owner by i pp `"• �` A probate was in County. a if other interest, such as written contract or lease, explain below or use a separate sheet 0' attached to this application. L r O A NOTIFICATION OF ADJACENT PROPERTY OWNERS a r 1 furthermore certify that the following persons are owners of properties adjoining this property. I affirm that { have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. (Name) (Address) (2) 1 s, (-,-:AK n i ji, 7( !✓Abwny I?C#, axli4_PA (3) (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 m particular hazard problems associated with this lot. This explanation was accompanied by recommendations 3 concerning stabilization and flood -proofing techniques. - PERMISSION TO ENTER ON LAND Z c W I furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer a and his agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. (� This the �day of Land owner or p son 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 w Permit Officer will help you, if requested. PHYSICAL DIMENSIONS label roads label highway right of ways label local setback lines y label any and all structures and driveways currently existing on property 4 ^ 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) —L✓ draw and label toe of dune ✓ identify and locate first line of stable vegetation draw and label setback line under CAMA 17 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) ' DEV5PPMENT PLANS draw and label areas that will be disturbed if house to be placed on lot, describe location of house O �� >/ note size of piling and depth to be placed in ground U-)1 1) draw and label all areas to be paved or graveled --ef describe composition of surface note and list fully all trees and vegetation to be removed or relocated ' . ✓ show landscaping (A &% - 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? FOR STAFF USE SITE NOTICE POSTED FINAL INSPECTION SITE INSPECTIONS DATE OF ACTION: ISSUED FEE RECEIVED EXEMPTED DENIED APPEAL DEADLINE (20 days) AEC HAZARD NOTICE YOUR PROJECT IS IN AN: OCEAN ERODIBLE AREA HIGH HAZARD FLOOD AREA INLET HAZARD 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 the annual ocean erosion rate for the area where your property is located is 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 indicate 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. Date V pplicant's Signature The applicant must acknowledge receipt of this information by signing this n tice 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 (5) 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: ADDRESS: LOCALITY: PHONE: SC/Rev. 6/83 BEFORE YOU BUILD ... 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 PERMITTED STRUCTURE; ADEQUATE SETBACK IQ SETBACK I FIRST LINE OF I�-- STABLE NATURAL 30xANNUAL VEGETATION I AVERAGE I EROSION RATE I.4�01Lt. 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 PRE -STORM BEACH PROFILE __— POST -STORM BEACH PROFILE ON�YEAR AFTER STORM/BEACH REBUILDING After the storm, the house on the dune will be gone. The other has a much greater chance of survival. THE EXCEPTION The Coastal Resources Commission recognized that these 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 Areafs 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) lot area as calculated from vegetation line rear property line setback piling length necessary to extend 4 feet below MSL 4105 27th Street North Arlington, VA 22207 December 8, 1983 Mr. & Mrs. James G. Anderson 1394 Pittsburg Road Franklin, PA 16323 Dear Mr. & Mrs. Anderson: The purpose of this letter is to inform you of our intention to build a house on Lot #33 at Poteskeet. We are planning a house of some 2000 square feet, more or less, which will be in keeping with the architectual design of the ocean front homes now in existence at Poteskeet. Also, we plan to comply with all codes required by Dare County. We would appreciate receiving,in the very near future,any comments you may have. S;jncereic/z4= , Loren J. Spencer? Lawona R. Spencer Owners of Lot #33 Alohl North Carolina Department of Natural IRW Resources &Community Development James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary Field Services 103 S. Water Street Elizabeth City,'.1. C. 27909 February 8, 1984 Mr. Loren J. Spencer 4105 27th Street North Arlington, Virginia 22207 Dear Mr. Spencer: This letter is to confirm our recent telephone conversation - concerning your proposed residential development on the ocean front at Lot 33 in the Poteskeet Subdivision, north of Duck in Dare County. This letter will also confirm receipt of your up. - dated plat in this office January 26, 1984. Placement of your proposed house in accordance with the attached plat is authorized by your recent pem.-At- issued by this office for Dare County, Permit No. 84-001. If you have any nuostions concerning this or any ogler related natter, please feel free to contact me at my Elizabeth City office. Cordially yours, Nelson G. Paul Field Consultant NGP/fob cc: Preston Pate w/att. Walter Gregory w/att. P. 0. Box 27687 Raleigh, N. C. 27611-7687 An Equal Opportunity Affirmative Action Employer i 4105 27th Street North Arlington, VA 22207 JAN 2 6'84 occ%k • ec January 28, 1984 Mr. Nelson G. Paul Office of Coastal Management 108 S. Water Street Elizabeth City, N.C. 27909 Dear Nelson, We enclose the updated plat for attachment to our CAMA permit No. 84-0001. .Mr. Lewis, the surveyor, sent your copy to me. Please attach the new plat based*on your guidance to Mr. Lewis to your copy of the permit and we will attach a copy to our permit. Thank you kindly, Lo n J. S er Lawona R. Spencer OFFICE OF North Carolina Department of Natural COASTAL MANAGEMENT Kenneth D. Stewart Resources &Community Development Director James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary Telephone 919/733.2293 Field Services Section 108 S. Water Street Elizabeth City, NC 27909 919 338-0206 December 29, 1983 Coastland Times PO Box 428 Manteo, N.-C. . 27954 Gentlemen: Please publish the attached NOTICES in your January 5, 1983 issue of the Coastland Times. Send bill, copies of Publication and Affidavits of Publi cations to.... Marcy Bunting, Office of Coastal Manage- ment, PO Box 27687, Raleigh, N. C. 27611. If you have any questions, please contact me. Cordially yours, encls: Tells.n G: Paul Field Consultant Susan L. Roos Thomas J. Troiano Richard M. Jaegle oren�:__Spence u V Walter . Perry (Major permit) P. 0. Box 2?687 Raleigh, N. C. 27611.7637 `: An Equal Opportunity Affirmative Action Employer c�� t G ✓� �v, : �.► t- e: a j e� �.1'p .,,. �..� J - pc..lw• :Ts' `#'{� •ss .jam d tj nj T� C1 Aos-� o n7 . U+J+�or-� 1 ��� ; 1 es /�� C7 1 1. � � �• E-. o*' ca of S v SEPTEMBER 21 1983 �LOrREN J. SPENCER t �-o CONSTRUCT A SINGLE FAMILY RESIDENTIAL STRUCTURE LOT 33 in THE POTESKEET SUBDIV T " �- t4-iwre� o c f vc- MMG� PP .5 vr-S c--r-E. � �•r-c�c.�E�� � Gv,.r�a�� �"� (flFTc•-c' •Pe,t T a G�r` a �.. C, c-41 t Pe. r-e -% : t T :-: c-G f- te.r 38 1l�j L C. P- LEWIS- ;` UNDER C TIF1' ?AAUNDERLl�liE CX,Gt�X,C MY DIRFCTIOY AND SUPERVISION THIS MAP . WAS DRAWN F20m " ACTUAL FIELD LAND SURVEY; MLIT THE EP?OR OF CLOSi1RF. AS CALCULATED ET I &TIii3:,S AMD DEPAitiURES :HIS -Ltp iiaS PitEPA1ZED IN fa,TFli 1CC03DANCE 4i'Iiii .OS 30 AS . AU1,2 0ED. CAfi ..GVf-/1J77 r WITNESS Ud MIND AND SEAL THIS +a'� •'�ISI(j' !�2`; — -- - - j, ------------ • -9 . S E A t _ ze /'= .10 - Ste � Ky_l,�te; Z L-2441 coP.I! dx SUFtJEYOR C. F LEW�S. JR.. B. Z. S. L-2441 '• '� �� / - • L it• LAND UlmtFY:,., S PLANNINO G 7 .li Prepared by and mail after recording to; i Crouse Cray, Jr. i:'�uL ll,..,�1 ��r�.f-r � �hna1I;�li?1'111�• _. P. 0. Box 177 Nags Bead, North Carolina 27959 } fj S NORTH CMWLI:'A (:::::r.kAL DFF.0 k _ i TIi1S _1)1:1N) made Lhi:, 8th d:,v _o December •19 80_, by and t _between: --- — - L:tnks Levc•lopric!nt Company, Loren J. Spencer and wife, :, C:caicrr,l Partnership, created Lawona R. Spencer, as Tenants by the + a3id c;:i;a inf; under the l:twt: of Entirety with rights of survivorship i t !it 'r;t:tt c, of Nurt.ii Carolina. - '4105 27th St., North Arlington,-Va. 22207 T:,L durignation Grantor and :Granter.a: used--hereit, %.:,11 .a.nclude said parties, thc_!r heirs, and successors and a::::ii;ttL', and shall include sin-ular, plural, f Lnini.ne or neuter as rCtluirC:; contcyt �. That the Grantor- fora valuable consideration paid by the Grantee the receipt of which is. hereby acknowl631,..ed, has and b,. ` these: presents'does - . granL,`:.bargain, •sell and convey unto the. Crantee in __feu simple, all that certain lot or .Parcel of Lind.situatk-fl ill tliC 1t111A1•,t Of IrJCic,- faluutic Township, bare County, North Carolina, and more particularly described as follows: Being Lot(s)' No.(s) _a-33- --.o: P6ic�sWtet Subdivision.as shown on that map or plat entitled "Subdivision Map of Poteskeet, North Banks Development Company, Village of Duct:, Atlantic Township, Dare County, North Carolina" prepared by C. P. Lewis, Jr., Registered Land Surveyor, survey completed February, 1979, and plattedFebruary 26, 1979, a copy of said map or plat Lcing recorded in Plat Cabinet - .A, Slidew 172 and 173, Dare County Public Registry, said map or plat being -incorporated herein by reference for 'a mure complete and precise description. There is also conveyed a perpetuO right and "easement of int ress and q,russ over and upon an ei-tit foot W) :.trip of land ;:s ;;iiown on the a forereferc•nc•ed .%ap or plat, :.aic'. i ,tic::cnt ,to be appurtenant to and run with the afor(-eescrii,ed .lot c,r parcel of land. Additionally ti,ert: is also cunVtY(•d herewith :in casc.nient of ingress unc!�el;ress eight feet (8') in width running; from the right of way of N.C. 1200 to the shore of the Currituck Sound. The southern margin of ;.lid 8' c t,-ument being along; a line connecting Points 4, 13, and 12 as shown on a mar or plat entitled "Property of North Banks Development Company, Village of Tuck, Atlantic Toumship, Dare County, N.C." prepared b;: Curtis. P. Lewin, Jr., LeCi;,tered 1-ind SurvL,v.)r for Sc•.:tho:,rci ;surveyors, t i rV t:.Yv�'";:Ct��C:..:?i:r , :jru i.J .f -.: ilila:"� ai�-•I ri ..... •1�t ..:: .!:...... .. - '• r� r 1979, a copy of :tic'. ::tap or plat being; recorded in Plat Cabinet A, Slide 132, Dare County Public Registry, said r,.ap or plat being; incor- porated herein by re•ferencc for a more complete and precise description; said ea!scm,ent' lying and bt:ing on tltc- North side of a I ine running from Point ?'4 on tht_ aforc'rc; c resic, d rap or pint. Scut i. t:2` _V 13" .West 235.0 feet tr, Pv ins V13 on sassid t_:p or -pl.it and cant inu in , rt: the same ' di ect ior. 25 feet to Point V12 ot. t1 e of orert!fervIle e. ;r.:qJ or plr.t being lo-atc•,i on ;",u• short- of ter C::rr.tt: ,: Sound, said c.:.t;.c... to i>c appur- i t• .an.t to and run with titc aforc•tit•.-:ribed lvt or p.irrt•1 c f 1an 1it'1 C_11Y,UCNI' < l ut } ir. rt ; T:;i Ty. 'Titc• ]1rc�i t'r t�' I.c t'ort3t-.d irl ,y t:t 1 0� 7ar:cr anc' ut' },. t [.� �1, i l•l. �.i::}•1 (' , r r }lU},is (.rail (alanC C � allt] }t])}rill L j a; l.h ] t L O• 7.I t'};L-' TantOr i t L t't,l t . , ,•t , t 2::rt t (.L. ",' (,r (;CSvttnaiTt M 0,L3..• i t t.c)i:�•cy ci t il:lt !:n t1lc Grant l" , a1Tt r 1 a,C• , jn ' (•l• '11'u]1 a .:sC a � . .. t :, ,t .l S ..11, (ta al lie sit" 4 ' i,t. ],1l a: -1 .],1l ::t,r : rt•l t isl �• t ( A:. L SC' :., •l. .:llt••attl2 ltl T, al: � t ;i,. � :siai . l .t; , • sS.t, ,[ ri � , or tT3t-T is:jt " � r i 1. [.: .tilt. ... _ } , •.,_ � : ,.. ;t! - i I li .. - ` '•gilt a t a'.�t si !'1 .ta:. C t (::.'�' a'T� :+CYT:UL•'�Gt%�;C•C. i}lC. at [•. t2it• f Ul l }'i• S1:}' a-1�+" �r Olit t, .'sC117 l'i.iSit't'. J ]�Cs:.at ! Y • y Tt,is n ' „t,.i. ,s: l 't 1it�, ia•T i 7' iC :• [ tl:. t . a.. t (1 },C correct. :tIIG� 1n' tI1C }i0CI I [ C ATtt. tlic ,t Cr uS Lt t c't: { t j 4105 27th Street North, Arlington, VA 22207 December 8, 1983 Bowe St. Associated H. L. Bishop, Jr. Eli Kershaw 1506 Bloomfield Rd Richmond, VA 23225 Dear Sirs: The purpose of this letter is to inform you of our intention to build a house on Lot #33 at Poteskeet. We are planning a house of some 2000 square feet, more or less, which will be in keeping with'the`architectual design of the ocean front homes now in existence at Poteskeet. Also, we plan to comply with all codes required by Dare County. We would appreciate receiving any comments you may have,in the very near future. i ncere y, I" ��, tG� Loren J. Spence" Lawona R. Spencer Owners of Lot #33