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HomeMy WebLinkAbout11-10_Steamline Developers LLC_20110818Town of Morehead City 11-10 Local Government Permit Number CAMA MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina, Department of Environment, and Natural Resources and the Coastal Resources Commission for development in an area of environment concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management" Issued to Streamline Developers LLC, authorizing development in the Estuarine Shoreline (AEC) at 1504 Audubon Lane, in Morehead City, Carteret County, North Carolina 28557, as requested in the permittee's application, dated August 5, 2011. This permit, issued on August 18, 2011, 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 theseterms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void. This permit authorizes: the removal of six trees and the construction of a single-family dwelling with associated landscaping. (1) All proposed development and associated construction must be done in accordance with the permitted work plat drawings(s) dated received on August 5, 2011. (2) All construction must conform to the N.C. Building Code requirements and all other local, State and Federal regulations, applicable local ordinances and FEMA Flood Regulations. (3) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. (4) A copy of this permit shall be posted or available on site. Contact this office at 252-726-6848 ext.125 for a final inspection at completion of work. (Additional Permit Conditions on Page 2) 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 modification not covered under this permit, require further written permit approval. All work must cease when this permit expires on: May 15, 2015 In issuing this permit it is agreed that this project is consistent 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 Division of Coastal Management. Jeannie Vat4han CAMA LOCAL PERMIT OFFICIAL 706 Arendell Street Morehead City, N 8557 �O �f PERMITTEE (Signature required if conditions above apply to permit) Name: Streamline Developers LLC Minor Permit # 11-10 Date: August 18, 2011 Page 2 (5) Unless specifically allowed in 15A NCAC 07H.0209(d)(10), and shown on the permitted plan drawing, all development/construction shall be located a distance of 30 feet landward of Normal High Water Level. (6) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective sedimentation and erosion control measures. Prior to any land -disturbing activities, a barrier line of filter cloth (silt fence) must be properly installed between the land disturbing activity and the adjacent marsh or water areas, until such time as the area has been properly stabilized with a vegetative cover. Silt fence shall be installed such that it is properly toed -in to the soil (see attached diagram). Sedimentation and erosion control measures shall be properly maintained throughout the construction period. (7) The silt fence must be inspected prior to the commencement of construction. (8) The area proposed for grading must be contoured to prevent additional stormwater runoff to the adjacent marsh. This area shall be immediately vegetatively stabilized and must remain in a vegetated state. (9) This permit does not authorize development within any wetlands or open water areas. (10) Pursuant to 15A NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold or otherwise disposed of to a third -party. The expiration date of this permit has been extended in accordance with Session Laws 2009406 and 2010-177. SIGNATURE: Xa DATE: 911g//1 PERMIT �5 DEMUS L. THOMPSON, Mayor Pro Tem Council GEORGE W. BALLOU PAUL W. CORDOVA DAVID HORTON JOHN F. NELSON August 18, 2011 Beth and Wade Fickling 1506 Audubon Lane Morehead City, NC 28557 Dear Mr. & Mrs. Fickling: Puy [(6)101,1-Mal 1 GERALD A. JONES, JR., Mayor �Ji 1i Jl (cPD 1l NORTH CAROLIN 706 Arendell Street Morehead City, North Carolina 28557-4234 TEL (252) 726-6848 FAX (252) 726-2267 www.moreheadcity.nc.gov A o�°o `Z s o o 1 0 C. is R. RANDY MARTIN City Manager RECEWED r AUG 2 2 2011 DCM-MHD CITY This letter is in response to your correspondence, which was received by the Town of Morehead City on August 17, 2011, regarding your concerns about the proposed development by Streamline Developers LLC, at 1504 Audubon Lane, adjacent to Dills Creek, in Carteret County. The project consists of removing six trees and constructing a single-family dwelling with associated landscaping. The proposed project has been determined to comply with local regulations and the Rules of the Coastal Resources Commission (7H.0209), and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit, as well as, the applicable rules. If you wish to contest our decision to issue this permit, you may file a request for a Third -Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. I have enclosed the applicable forms and instructions that must be filed prior to that deadline. Please contact me at 252-726-6848 x125, if you have any questions, or if I can provide any additional information. Respectfully yours, Jeannie Vaughan, LPO Town of Morehead City 706 Arendell Street Morehead City, NC 28557 cc: Heather Styron Streamline Developers LLC ADA/EOE/P Equal Opportunity Employer Provider (B) Development Standards. Development of wind energy facilities shall meet tine following standards in addition to adhering to the requirements outlined iu Part (aX13)(A) of this -Rule: (i) Natural reefs, coral outcrops, artificial reefs, seaweed communities, and -significant benthic communities identified by die Division of Marine Fisheries or the iVRC shall be avoided; 00 Development shall not be sited on or within 500 meters of significant biological communities identified by the Division of Marine Fisheries or the WRC such ashigh relief hard bottom areas. High relief is defined for this standard as relief greater than or equal to one-half meter per five meters of horizontal distance; (iii) Development shall not cause irreversible damage to documented archeological resources including shipwrecks identified by the Department of Cultural —Resources and unique geological features that require protection from uncontrolled or incompatible development as identified by the Division of Land Resources pursuant to G.S. 113A-113(b)(4)(g); (iv) Development activities shall be timed to avoid significant adverse impacts on the life cycles of estuarine or ocean resources, or wildlife; (v) Development or operation of a wind energy facility shall not jeopardize the use -of the surrounding waters for navigation or for other public trust rights in public trust areas or estuarine waters; and (vi) Development or operation of a wind energy facility shall not interfere with air navigation routes, air traffic control areas, military training routes or special use airspace and shall comply with standards adopted by the Federal Aviation Administration and codified under 14 CFR Part 77.13. (C) Permit Conditions. Permits for wind energy facilities may be conditioned on the -applicant amending the proposal to include measures necessary to insure compliance with the standards for development set out in this Rule. Permit conditions may include -monitoring to ensure compliance with all applicable development standards; and (D) Public Benefits Exception. Projects that conflict with these standards, but provide a public benefit, may be approved pursuant to the standards set out in Subparagraph (a)(3) of this Rule. History Note: Authority G.S. 113A-107(b); 113A-108; 113A-113(b); 113A-124; Eff. September 9, 1977, Amended Eff. February 1, 1996, April 1, 1993; February 1, 1993; November 30, 1992; RRC Objection due to ambiguity Eff. March 21, 1996, AmendedEff. February 1, 2011; August 1, 2010; June 1, 2010; August 1, 1998; May 1, 1996 15A NCAC 0711.0209 COASTAL SHORELINES (a) Description. The Coastal Shorelines category includes estuarine shorelines and public trust shorelines. Estuarine shorelines AEC are those non -ocean shorelines extending from the normal high water level or normal water level along the estuarine waters, estuaries, sounds, bays, fresh and brackish waters, and public trust areas as set forth in an agreement adopted by the Wildlife Resources Commission and the Department of Environment and Natural Resources [described in Rule .0206(a) of this Section] for a distance of 75 feet landward. For those estuarine shorelines immediately contiguous to waters classified as Outstanding Resource Waters by the Environmental Management Commission, the estuarine shoreline AEC shall extend to 575 feet landward from the normal high water level or normal water level, unless the Coastal Resources Commission establishes the boundary at a greater or lesser extent following required public hearing(s) within the affected county or counties. Public trust shorelines AEC are those non -ocean shorelines immediately contiguous to public trust areas, as defined in Rule 07H .0207(a) of this Section, located inland of the dividing line between coastal fishing waters and inland fishing waters as set forth in that agreement and extending 30 feet landward of the normal high water level or normal water level. (b) Significance. Development within coastal shorelines influences the quality of estuarine and ocean life and is subject to the damaging processes of shore front erosion and flooding. The coastal shorelines and wetlands contained within them serve as barriers against flood damage and control erosion between the estuary and the uplands. Coastal shorelines are the intersection of the upland and aquatic elements of the estuarine and ocean system, often integrating influences from both the land and the sea in wetland areas. Some of these wetlands are among the most productive natural environments of North Carolina and they support the functions of and habitat for many valuable commercial and sport fisheries of the coastal area: Many land -based activities influence the quality and productivity of estuarine waters. Some important features of the coastal shoreline include wetlands, flood plains, bluff shorelines, mud and sand flats, forested shorelines and other important habitat areas for fish and wildlife. (c) Management Objective. The management objective is to ensure that shoreline development is compatible with the dynamic nature of coastal shorelines as well as the values and the management objectives of the estuarine and ocean system. Other objectives are to conserve and manage the important natural features of the estuarine and ocean system so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a 15 management system capable of conserving and utilizing these shorelines so as to maximize their benefits to the estuarine and ocean system and fine people of North Carolina. (d) Use Standards. Acceptable uses shall be those consistent vA7th the management objectives in Paragraph (c) of this Rule. These uses shall be limited to those types of development activities that will not be detrimental to the public trust rights and the biological and physical functions of the estuarine and. ocean system. Every e$'.ort shall be made by the, permit applicant to avoid, mitigate or reduce adverse impacts of development to estuarine and coastal systems through the planning and design of the development project. In every instance, the particular location, use, and design characteristics shall comply with the general use and specific use standards for coastal shorelines, and where applicable, the general use and specific use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section. Development shall be compatible with the following standards: (1) All development projects, proposals, and designs shall preserve and not weaken or eliminate natural barriers to erosion including peat marshland, resistant clay shorelines, and cypress -gum protective fringe areas adjacent to vulnerable shorelines. (2) All development projects, proposals, and designs shall limit the construction of impervious surfaces and areas not allowing natural drainage to only so much as is necessary to adequately service the major purpose or use for which the lot is to be developed. Impervious surfaces shall not exceed 30'percent of the AEC area of the lot, unless the applicant can effectively demonstrate, through innovative design, that the protection provided by the design would be equal to or exceed the protection by the 30 percent " limitation. Redevelopment of areas exceeding the 30 percent impervious surface limitation may be permitted if impervious areas are not increased and the applicant designs the project to comply with the intent of the rule to the maximum extent feasible. (3) All development projects, proposals, and designs shall comply with the following mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973: (A) All development projects, proposals, and designs shall provide for a buffer zone along the margin of the estuarine water which is sufficient to confine visible siltation within 25 percent of the buffer zone nearest the land disturbing development. (B) No development project proposal or design shall permit an angle for graded slopes or fill which is greater than an angle which can be retained by vegetative cover or other erosion -control devices or structures. (C) All development projects, proposals, and designs which involve uncovering more than one acre of land shall plant a ground cover sufficient to restrain erosion within 30 working days of completion of the grading; provided that this shall not apply to clearing land for the purpose of forming a reservoir later to be inundated. (4) Development shall not have a significant adverse impact on estuarine and ocean resources. Significant adverse impacts include development that would directly or indirectly impair water quality standards, increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation (SAV), deposit spoils waterward of normal water level or normal high water, or cause degradation of shellfish beds. (5) Development shall not interfere with existing public rights of access to, or use of, navigable waters or public resources. (6) No public facility shall be permitted if such a facility is likely to require public expenditures for maintenance and continued use, unless it can be shown that the public purpose served by the facility outweighs the required public expenditures for construction, maintenance, and continued use. For the purpose of this standard, "public facility" means a project that is paid for in any part by public funds. (7) Development shall not cause irreversible damage to valuable, historic architectural or archaeological resources as documented by the local historic commission or the North Carolina. Department of Cultural Resources. (8) Established common-law and statutory public rights of access to the public trust lands and waters in estuarine areas shall not be eliminated or restricted. Development shall not encroach upon public accessways nor shall it limit the intended use of the accessways. (9) Within the AECs for shorelines contiguous to waters classified as Outstanding Resource Waters by the EMC, no CAMA permit shall be approved for any project which would be inconsistent with applicable use standards adopted by the CRC, EMC or WC for estuarine waters, public trust areas, or coastal wetlands. For development activities not covered by specific use standards, no permit shall be issued if the activity would, based on site -specific information, degrade the water quality or outstanding resource values. (10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high water level, with the exception of the following: (A) Water -dependent uses as described in Rule 07H .0208(a)(1) of this Section; (B) Pile -supported signs (in accordance with local regulations); (C) Post- or pile -supported fences; (D) Elevated, slatted, wooden boardwalks exclusively for pedestrian use and six feet in width or less. The boardwalk may be greater than six feet in width if it is to serve a public use or need; 16 CAMA THIRD PARTY HEARING REQUEST FORM PETITIONER'S NAME DCM FORM 5 DCM FILE No: COUNTY WHERE THE DEVELOPMENT IS PROPOSED PLEASE TAKE NOTE that the undersigned, a person affected by the decision of (check one): a Local Permit Officer acting on a CAMA Minor Development Permit application; or the Division of Coastal Management acting on a CAMA Permit application hereby requests permission from the Coastal Resources Commission (CRC) to file an appeal pursuant to N.C.G.S. § 113A-121.1(b) and 15A N.C.A.C. 07J .0301. (Please attach a copy of the permit. If you cannot obtain a copy of the permit, please provide the name of the permittee, the project location, and the permit number.) Requests are reviewed and determined by the chairman of the CRC to determine whether a hearing should be granted. 15A N.C.A.C. 07J .0301(b). Approval of a Third Party Hearing Request allows a petitioner to file a contested case petition with the Office of Administrative Hearings within twenty (20) days of receipt of the CRC's Order. N.C.G.S. § 113A-121.1(b). Denial of a Third Parry Hearing Request is a final agency decision which may be appealed to Superior Court under N.C.G.S. § 113A-121.1(b) and Chapter 15013, Article 4. For this application to be complete, the Petitioner must address each of the three factors listed below. The CRC's chairman's decision to grant a hearing will be based on whether the Petitioner: (1) Has alleged that the decision is contrary to a statute or rule [N.C.G.S. § 113A-121.1(b)(1)]; (Please cite the statute or regulation allegedly violated by the permit decision.) (2) Is directly affected by the decision [N.C.G.S. § 113A-121.1(b)(2)]; and:. (Please describe how you are directly affected by the permit decision. Persons directly affected by a decision often include, but are not limited to, owners of real property in the vicinity of the proposed development who can show that it is likely to have a significant adverse effect on the value and enjoyment of their property, or persons who can demonstrate a history of substantial use of public resources in the area directly affected by the development.) (3) Has alleged facts or made legal arguments that demonstrate that the request for the hearing is not frivolous [N.C.G.S. § 113A-121.1(b)(3)]. (Summarize the evidence and arguments you would present at a hearing in support of your appeal explaining why the permit was improperly issued.) Please answer these questions on a separate piece of paper and attach it to this form. CAMA THIRD PARTY HEARING REQUEST FORM PETITIONER'S NAME DCM FORM 5 DCM FILE No: COUNTY WHERE THE DEVELOPMENT IS PROPOSED PLEASE TAKE NOTE that the undersigned, a person affected by the decision of (check one): a Local Permit Officer acting on a CAMA Minor Development Permit application; or the Division of Coastal Management acting on a CAMA Permit application hereby requests permission from the Coastal Resources Commission (CRC) to file an appeal pursuant to N.C.G.S. § 113A-121.1(b) and 15A N.C.A.C. 07J .0301. (Please attach a copy of the permit. Ifyou cannot obtain a copy of the permit, please provide the name of the permittee, the project location, and the permit number.) Requests are reviewed and determined by the chairman of the CRC to determine whether a hearing should be granted. 15A N.C.A.C. 07J .0301(b). Approval of a Third Party Hearing Request allows a petitioner to file a contested case petition with the Office of Administrative Hearings within twenty (20) days of receipt of the CRC's Order. N.C.G.S. § I I3A-121.1(b). Denial of a Third Parry Hearing Request is a final agency decision which may be appealed to Superior Court under N.C.G.S. § 113A-121.1(b) and Chapter 150B, Article 4. For this application to be complete, the Petitioner must address each of the three factors listed below. The CRC's chairman's decision to grant a hearing will be based on whether the Petitioner: (1) Has alleged that the decision is contrary to a statute or rule [N.C.G.S. § 113A-121.1(b)(1)]; (Please cite the statute or regulation allegedly violated by the permit decision.) (2) Is directly affected by the decision [N.C.G.S. § 113A-121.1(b)(2)]; and (Please describe how you are directly affected by the permit decision. Persons directly affected by a decision often include, but are not limited to, owners of real property in the vicinity of the proposed development who can show that it is likely to have a significant adverse effect on the value and enjoyment of their property, or persons who can demonstrate a history of substantial use of public resources in the area directly affected by the development.) (3) Has alleged facts or made legal arguments that demonstrate that the request for the hearing is not frivolous [N.C.G.S. § 113A-121.1(b)(3)]. (Summarize the evidence and arguments you would present at a hearing in support of your appeal explaining why the permit was improperly issued.) Please answer these questions on a separate piece of paper and attach it to this form. The Commission notes that there are some opinions of the State Bar which indicate that non -attorneys may not represent others at quasi-judicial proceedings such as this Third Party Hearing Request before the Commission. These opinions note that the practice of non -lawyer professionals, such as engineers, surveyors or contractors, representing others in quasi-judicial proceedings through written argument may be considered the practice of law. Before you proceed with this hearing request, you may wish to seek the advice of counsel before having a non -lawyer represent your interests through preparation of this Petition. DELIVERY OF THIS HEARING REQUEST This request must be received by the Division of Coastal Management (DCM) within twenty (20) days of the date of the disputed permit decision. N.C.G.S. § I I 3A-1 2 1. 1 (b). Failure to do so constitutes waiver of the right to request a hearing. A copy of this request must also be sent to the Attorney General's Office, Environmental Division. 15A N.C.A.C. 07J .0301(b). Contact Information for DCM: Contact Information for Attorney General's Office: By mail, express mail or hand delivery: By U.S. mail: Director Environmental Division Division of Coastal Management 9001 Mail Service Center 400 Commerce Avenue Raleigh, NC 27699-9001 Morehead City, NC 28557 By Fax: (252) 247-3330 By Email: Check DCM website for the email address of the current DCM Director www.nccoastalmanagement.net By express mail: Environmental Division 114 W. Edenton Street Raleigh, NC 27603 By Fax: (919) 716-6767 Based on the attached responses to the above factors, the undersigned hereby requests a third party hearing. Signature of Petitioner or Attorney Printed Name of Petitioner or Attorney Mailing Address City State Zip Updated: February 2011 Date Email address of Petitioner or Attorney Telephone number of Petitioner or Attorney Fax number of Petitioner or Attorney CAMA Permits - Variances & Appeals Page 2 of 2 Note: The CRC is not allowed to discuss specific variances or other contested cases before it makes a decision. Do not attempt to contact CRC members to discuss your case. Variance form Word format (right -click on the file to save it to your computer) PDF format (requires the free Adobe Acrobat Reader) Appeals and Third -Party Hearing Requests CAMA and the N.C. Dredge and Fill Act grant an automatic right of appeal to the permit applicant and to the secretary of the Department of Environment and Natural Resources. You must file a petition for a contested case in the Office of Administrative Hearings on an approved form within 20 days of the permit decision if you plan to appeal. No development is allowed while the appeal is being considered. The permit in question is suspended until the matter is settled. Other directly affected people or groups may request a hearing on the permit decision. This petition for a third -party hearing must be received by the director of DCM within 20 days of the permit decision. Within 15 days of receiving the request, the chairman of the CRC will decide if a petitioner is entitled to a third -party hearing. To get a hearing, a petitioner must: ■ Allege that the permit decision is contrary to a statute or rule. ■ Show that the petitioner is directly affected by the permit decision. ■ Demonstrate that the appeal is not frivolous. If the CRC chairman grants a hearing, you may file a Petition for a Contested Case Hearing in the Office of Administrative Hearings. You must carefully follow detailed procedures and forms required by the state Administrative Procedure Act. Further information on filing appeals is available from the Office of Administrative Hearings or DCM. Parties to the hearing may be represented by attorneys, or may represent themselves. After the hearing, the judge issues a decision to the CRC. During a regularly scheduled meeting, the CRC will then make a final agency decision on the appeal. You may appeal a CRC final agency decision to Superior Court within 30 days of the decision. Note: The CRC is not allowed to discuss specific appeals or other contested cases before it makes a decision. Do not attempt to contact CRC members to discuss your case. Third -party hearing request Word format (right -click on the file to save it to your computer) PDF format (requires the free Adobe Acrobat Reader) Appeals form for Office of Administrative Hearings (PDF format) Last Modified: February 1, 2011 N.C. Division of Coastal Management . 400 Commerce Ave . Morehead City, NC 28557 1-888-4RCOAST . Email Us httn-//,txnxnxr nr.f-nagtalmAnn aPmPnt nP.t/Parnnitq/fnrmq htm 9/19/9.011 08/05/2011 09:26 2527262267 TOWN OF MOREHEAD CTY PAGE 03/11 LAND OWNER Name -rea -11AG gIL4kyXor 4zr— Address ;41QZ4- Cam. City &&—kAl Ci;�e State Zip - Phone Email sr lance%irre AUTHORIZED AGENT Name L1 eA,a/,r,ei 1 / '�glo U / -'�.la, lGn I VOY0 �t'e5 Address City D/' ! State zip.Phone LOCATION OF PROJECT: (Address, street name and/or directions to site. If not oceanfront, what is the name of the adjacent waterbody.) 50� .4rx�n J4, l r /G', ':r/ DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) Aass z1bJ-'nW1"- I. CL-vt . 0,11 (X 55 o C." a+eJ. 1 CQvJ sc a p,,v5 SIZE OF LOT/PARCEL: square feet , .V96 acres PROPOSED USE: Residential [ (Single-family ff"Multi-family ❑ ) Commercial/Industrial Other COMPLETE ElfHER (1) OR (2) BELOW (Contact your Local Permit Officer if you are not sure which AEC applies to your property): (1) OCEAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE: i� square feet (includes air conditioned living space, parlang elevated above ground level, non -conditioned space elevated above ground level but excluding non -load -bearing attic space) (2) COASTAL SHORELINE AECs: SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT UPON SURFACES: f 7/ square feet (includes the area of the roof/drip line of all buildings, driveways, covered decks, concrete or masonry patios, etc. that are within the applicable AEC. Attach your calculations with the project drawing.) STATE STOR MAT'ER MANAGEMENT PERMIT: Is the project located in an, area subject to a State Stortnwater Management Permit issued by the NC Division of Water Quality? YES NO ✓ If yes, list the total built upon area/impervious surface allowed for your lot or parcel: _ _ square feet. 08/05/2011 09:26 2527262267 TOWN OF MOREHEAD CTY PAGE 04/11 OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA minor development permit, including, but not limited to: Drinking Water Well, Septic Tank (or other sanitary waste treatment system), Building, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy. Conservation, F1A. Certification, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway Connection, and others. Cbeck with your Local Permit Officer for more information. STATEMENT OF OWNERSHIP: I, the undersigned, an applicant for a CAM.A, minor development permit, being either the owner of property in an AEC 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: (check one) an owner or record title, Title is vested in page in the County Registry of Deeds. an owner by virtue of inheritance, Applicant is an heir to the estate of probate was in County. see Deed Book t if other interest, such as written contract or lease, explain below or use a separate sheet & attach, to this application. NOTIFICATION OF ADJACENT PROPERTY OWNERS: I fiirthermore 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) (Addressl (1) (2} (3) (4) ACKNOWLEDGEMENTS: 1, the undersigned, 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 particu- lar hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabiliza- tion and floodproofing techniques. I furthermore certify that I am authorized to grant, and do in fact grant, permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this aermitm=l_icati.on. This the " day of , 20 J4 or person awthonze o is/ber. agent for purpose of filing a CAMA permit application This, application includes. general information (this form), a site drawing as described on the back of this application, the ownership statement, the Ocean Hazard AECNotice where necessary, a checkfor $100.00 made payable to the locality, and any information as may be provided orally by the applicant. The details of the application 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 permit is subject to civil, criminal and administrative action. 08/05/2011 09:26 2527262267 TOWN OF MOREHEAD CTY PAGE 05/11 SITE DRAWING/APPLICATION CHECKLIST Please make sure your site drawing includes the following information required for a CAMA minor development permit. The Local Permit Officer will help you, if requested. PHYSICAL DIMNSIONS Label roads Label highways right-of-ways Label local setback lines Label any and all structures and driveways currently existing on property Label adjacent waterbody PHYSICAL CHARACTERISTICS Draw and label normal high water line (contact LPO for assistance) Draw location of on -site wastewater system If you will be working in the ocean hazard area: Draw and label dune ridges (include spot elevations) Draw and label toe of dunes Identify and locate first line of stable vegetation (contact LPO for assistance) Draw and label erosion setback line (contact LPO for assistance) Draw and label topographical features (optional) If you will be working in a coastal shoreline area: Show the roof overhang as a dotted line around the structure Draw and label landward limit of AEC Draw and label all wetland limes (contact LPO for assistance) Draw and label the 30-foot buffer line DEVELOPMENT PLANS Draw and label all proposed structures Draw and label areas that will be disturbed and/or landscaped Note size of piling and depth to be placed in ground Draw and label all areas to be paved or graveled Show all areas to be disturbed 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 and dated the application? enclosed the $100.00 fee? • completed an AEC Hazard Notice, if necessary? (Must be signed by the property owner) '08/05/2011 09:26 2527262267 TOWN OF MOREHEAD CTY PAGE 06/11 ALLOWARLE DUA= 4.000 SF p PROPOSED BUA- 3893.4+1- SF - LESS THAN 301: OF PROPOSED DWELLING TS WITHIN T5 AEC LINE 1504 AI)OUDON LANE_ N.C.PINn38605498355 ITE VICINITY MAP � La ,. z 1 4-3 �; -;,T a ^T .D I CflNGR�E 1I DRIVEWAY' 6 � ws y f DWALK P E I + I I 67 ~ '( S84°501 1"E � t15; 7r �1-_�,-1__ WS I R` EIR EXISTING IRON Roo E I P ExISTINO IRON PIPE EPX Ek19TING PK NAIL ECM EXISTING CONC• MON. SPIKE SIRS %ETSIROONN ROD CP CAI.CtA.ATED Po NT MHII MEAN HIGH WAT R MOL MINIMUM BUILDING LINE NNIF FORMERLY NOOWW MR OORR MPOK BaGR PC PACE PP POWER POLE PIPE LP LICHTTPOLERDN DE OVERHEAD ELECTRIC I,F,C ELECTRICAL, PEOF,STAI. AANS ELEC. TRANSfGRMER TEL TELEPHONE PEDESTAL TV CABLE TV PEDESTAL 8'M WATER METER CO CLEAN OUT WSIR CORRUGATED PLASTIC NOT FDR REC❑RDATION PM18 W 008 AUDUBONPT LOT06 CURVE DATA CHORD DIRECTION = S34' W 31"E RADIUS = 55.00 LENGTH D = 19.76 CHORD = 19.66 CHORD DIRECTION = S4°15'39"W RADIUS = 55.00 LENGTH — 54.13 CHORD = 51.97 CHORD DIRECTION = .545"58'1T"E RADIUS = 55.00 LENGTH O = 25.95 CHORD = 25.T1 30, JS' 0 70' fi0' 17737,ARE a +//TASF SCALE W -30' SITE PLAN AUDUBON POINTE LOT G CLIENT[ CAR4 EDWARD`:, DESIGNED: 4 • PAC ;t tDDRESS: 5215 DRIFTWOOD LANE DRAWN: MOREHEAD CITY. N.C. 28775 PAC CHECKED' ' PHONE: (252) 521-7576 nt s 5TRCIUD r>< UINEERING. P.A. APPROvEO: V ISIA HIGHWAY 24 PAC MOREHEAD CJTY, N.C. 28557 DATE: 125ZJ 247-7479 FIRM LICENSE NUMBER C-0647 OR/04/11 --PHIL[P A G'01.I�IRR`P.LS---_ SCALE: T- - 30' i; R b8/05/2011 01�:26 .0 Date N Adjacent Property Owner t3 Mailing Address 1%94�01 e;l, -rf/6. �eS City, State, Zip Co e ©ear Adjacent Property Owner. This letter is to inform you that 1, have applied for a CAMA Minor Permit on my property at Property Address tr ru O Postal ervice:,, CERTIFIED MAIL "C'EIPT (Domestic Mad Only, No Insurance Coverage Provided) For dellvrry tpformatian I -SO our weba.Re al www.u.ps.com,; ptrine CORIW Fee Ratum Recelpt Foe (Endoraamenl Ftequlmd) ReaMaed DeRvory Fpy (Errcloraement Rnqulrs� Total Paftp@ g Fees 03 Poetrnark Here 12•85 41.15 S0, 00 IS 't5 E3 ent To GPO e C, W A& Zax As required by CAMA regulations, I have enclosed a copy of my perma application and §roject drawings) as notification of my proposed project. No action is required from you or you may sign and return the enclosed no objection form. IF you have any questions or comments about my proposed project, please contact me at or by mail at the address fisted below. If you Applicanf s Telephone wish to file written comments or objections with the Morehead City CAMA Minor Permit Program, you may submit them to: Local CAMA Permit Ofrmrfor the Town of Morehead City 706 Arendell Street 3rehend City, NO 28557 Mailin Address t. City. State, Zip Code .08/05/2011 09:26 2527262267 9_ . D Adjacent Property omer - 40-6 -.—" Mairmg Address City, State, Zip Code Dear Adjacent Property owner. This letter Is to inform you that I, 7F.,d0vary Service,,, D MAIL,,.,' RECEIPT Only, No Insurance Coverage Provided,) mation visit our web9ite of www.usps.com,, �• I ao r0 it U1 p q $ ru �V O CerllHetl FOR Return Reoelpt Fee1.2 A%re p Hare O():rxlcraern4t ) Resirtoied t�llvery Fee ol] Q (Ei,doraement Required) tr W Total Postage R Fees cz $ Q Sent TO orPOBo. . .. /J ....JZ. is JA.i .. III, to, fat •t` .+(�[ ......... re C(r if, Property Owner have applied far a CAMA Mirror Permit on my property at property As required by CAMA regulations, I have enclosed a copy of my permit application and jpooject drawing(s) as notifeation of my proposed project. No action is required from you or you may sign and return the enclosed no abjection form. IF you have any questions or comments about my proposed project, please contact me at ' _��- is or by mail at the address fisted below. If you App!iicanYs Telephone wish to file written comments ar objections with the Morehead City LAMA Minor Permit Program, you may submit them to: Local LAMA Permit Officer for the Town of Morehead `C•rty 706 Arendell Street Morehead City, NC 28W Sincerely, • aa✓ Pr owner /n A4,1,C Maili Address City, state, ,Zap Cod '68/05/2011 09:26 2527262267 TOWN OF MOREHEAD CTY PAGE OFF TO 1PDItCMUk= AND CON'.CttACT-VACAM LOVLAND [Consalt "Guidelines" (tarn 120) for guidance in completing this form] NOTE: This contract is intended for unimproved. teal property that 1903er MW purchase only for personal use and does not havo immediate plans to subdivide. It should not be used to sell property that is being subdivided miless the property has been platted, properly approved and recorded with the register of deeds as of the slate of the contract, if seller is Buyefs builder and the sale involves the construction of a new single fly dwell'nng prior to closing, use the stwidard Offer to Purchase and Contract - Now CMbUction (Farm 30" or, if the constrncdon is completed, use the Offer to Purchase and Coact (Form 2-1) with the New Construction Addendum (Form 2l•13 T). For valuable consideration, the receipt and Iegal sufficiency of which are hereby aclmowledged, Buyer offers to pnmbm and Seller upon acceptance agues to seta and convey the Property on the testy s: and conditions of this Offer To Pmbasa and Contact and any addendum or moth c4ontmade. in accordance with its texas (together to "Con true). 1. TER'N,[S &I'M DEFIN TIONS: The teams listed below shallhave the respective meaning given them asset forth adjacent to each terra. (a) -sense.. Blair Emn Lovers (b) "Buyer": , Sbtamllne Developers LLC _ (c) ".Property": The Prapetty shall include all that real estate described below together with all appurtenances thereto including the improvements located t kr=. Street Address: 1504 Audoboo Ln city: Morehead 0 Zip: 28567 County: Caret North Carolina tal. (NOTE: Govetwneuauthority over texes, zoning, school districts, utilities and mail delivery many differ fiam address sbuVM) Legal Description: (Complete ALL applicable) Plat Reference., Lot/Unit B . Block/Section MR . SubdWisiim/Condomuium Btalr Farm as shawtr,onFlatBockWde n/a_. atp s) rr/a The PR-Z?M or other identification number of the Fxvp xty is: 93860549356000 Other description. Lot 6Audubon Point Same or all of the Property may be described in Deed Book 836 st Fage 770 (d) " Purchase Price":] P0 S 1pfdju U.S.Dollars npcn the following teroas; 0.00 By DUE DMIOMCE FEE made payable to Seller 040 13Y 11MIAL EAHNE.9T MONEY DEPOSIT made payable to Escrow Agent rained in Paragraph 1(f) with this offer by 11 cash El Personal. check ❑ official bank check ❑ other: n/a $ 500.00 BY (ADDTITONAL) EARNEST MON13Y DUPOM made payalzle to Escrow Agent named in Paragraph IQ) by cash or inmredisteiy available funds such as official balk check or wire transfer to be delivered to Escrow Agent no later than T '.1IMNG OF UM F,SSEWVC8 with regard to Bald date,. $ 0.00 BY ASSMWMON of the unpaid principal balance and all obligations of Seller on the $Basting loan(s) wound by a deed of trust on the Property in accordance with tho attachadLoan Assumption Addendum (Standard Form 2A6 T). $ 0.00 BY SELLER FINANCING in accordance With the attached Seller Financing Addeodum (Standard am 2As-T), of the Purchase Price, in cash at Settlement (saute or all of which may be Pilo with tbe,proceeds of anew lom) . Should Buyer fail to deliver eifber thiligence Fee or any Initial Earnest Moncy Deposit by the Effective Date, or should any check or otiaer farads paid by Buyer be dishonored, for nay renovi, by the insftfion. upon whfcb� the payment is drawn, Buyer shall have one (1) banking day after written, notice to deliver good finds to the payee. In the evom Buyer does not timely deliver good flmds, Seller shall Have the right to terminate this Contract upon written notice to Buyer., Page 1 of 8 North Carolina A40dation OfREALTORS0, .Inc. .%�� STANDARD FORM 12-T 113 '�� Buyer initials Revised W011 Seller iai REALTQW - TN9 km P wt-d br. F0rA9*Kw & wa4wwi2 •08/05/2011 09:26 2527262267 TOWN OF MOREHEAD CTY PAGE 10/11 THE NORTA CAROLINA ASSOCIATION OF REALT'ORSA INC. AND TU NORTH CAROLINA BAR AMOCIATION MAKE NO IZupR'ESMNTATTON AS TO TIDE LWAL VALID= OR ADEQUACY OF ANY PROVISION OF THIS FORM IN i ANY SPECIFIC TRANSACTION. I? YOU DO NOT UNDERSTAND TWS IrORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LF-GAL mMSr YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. This of&r sliall be 7M/111411 diug contract on the BD'ectivo Date. ' Date: Date; / Buyer (SEAL) SoL1cr tat 1�9 — (SEAL) Streamlit! l]e o Blair Fern] Let%vers Date: Buyer (SEAL) Seller (SEAL) Date: Date: Buyer (SEAL) Seller (SEAL) NWIC$ 0FORMATION (NOTE: WS RT THE ADDRESS AWMR.BLECIROPTIC DELIVEILY AI DRM EACH PARTY AND ACIE TT AITROVES POP,THERB= OF ANY110TICB CONIEWLATED BY IMS CONTRACT. INSERT `1VA!'FORANY WHICHARENOT APPROVED.) 0UY R NO IICN ADDRESS: SELLER NOTICE ADDRESS: Mailing Address: MaiftAddress: Buyer Fax#: _ Buyer EroWl: SELLING AGENT NOTICE ADDRESS: FianName: Bluemier'Real rstaw Acting as 22 Buyer's Agent LJ Sclkr's (sub)Agent. LJ Dual Agent Mailing Address: 610 Aflattflc Reach CauseycaY AtJant(a Beach, NC 802 Individual Seining Agent: _ Jimmy ftyhr CD Actmg as a Debi fed Dual Agent (6heck o* if applicable) License & 264290 Sclliag Agmt Phone#: AS2342 0802 Selling Agent Fax#1: 25Z7XW1 Selting Agent Emaj;mmXR c.OM SellerFa�: ScTferFrrmail: ' LI MG AGENT NOTICE ADDRESS_ FiMName: Ac[mg as ❑ Seller's Agent Dual Agent Mailing Address: Individual Listing Agent: Acting as a l)esignated Dual Ageat (check only ii; applicable) License*: LiskuagAg�ttl'hon�r ListhsgAgentFax#: Listing Agent LUmail: P,9MOW ACKNOWLLDGMNT OF INITIAL EARL► M MONEY DEPOT Escrow Agent neknowledges receipt of tile Initial Ramest Money Deposit and accordance with the terms hereof, Date; 1 Firm: Page S of $ (Printname) bold and disbmm the same in STANDARD FORM 12-T Revised 112011 01/2011 Tus imm pvaxud br: Formuk ter 0 wo-4"12 •08/05/2011 09:26 2527262267 1TOWN OF MOREHEAD CTY PAGE 11/11 NOTICE OF FILING OF APPLICATION FOR LAMA MINOR DEVELOPMENT PERMIT Pursuant to NCGS 113A-119(b), Town of Morehead City, a locality authorized to issue CAMA permits in Areas of Enviroam,ental Concern, hereby gives NOTICE that on August 5, 2011, Streamline Developers LLC applied for a LAMA permit to remove six trees and to construct a single-family dwelling and associated landscaping at 1504 Audubon Lane, Morehead City, Carteret County, North Carolina 28557. The application may be inspected at the address below. Public comments received by August 22, 2011, will be considered.. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. Jeannie Vaughan CAMA Local Permit Officer for Town of Morehead City Address: 706 Arendell Street Morehead City, NC 28557 Phone: 252-726-6848 x125 PLEASE PUBLISH ON: Sunday, August 7, 2011 PO # 52832 .08/05/2011 09:26 2527262267 TOWN OF MOREHEAD CTY PAGE 01/11 TOWN OF MOREHEAD CITY 706 Arendell Street Morehead City, NC 28557 (252) 726-6848, ext.125 (252) 726-2267 fax .Planning & Inspections TO: Ronda ,Bennett .forehead City DCMRggional Office Fax No. 252-247-3330 FROM: Jeannie VaugLan DATE: 8 IY # OF PAGES: 11 (including cover sheet) COMMENTS: The following is CAMA Minor Development Permit Application 11-10, for Streamline Developers LLC, to remove six trees and to construct a single-family dwelling and associated landscaping at 1504 Audubon Lane, Morehead City, Carteret County, North Carolina 28557. A copy of the legal ad is also attached. Thank you - •08/05/2011 09:26 2527262267 TOWN OF MOREHEAD CTY PAGE 02/11 APPLICATION FOR CAMA MINOR DEVELOPMENT PERMIT 1n 1974, the North Carolina General Assembly passed the Coastal Area Management Act (CAMA) and set the stage for guiding development in ;Fragile and productive areas that border the state's sounds and oceanfront. Along with requiring special care by those who build and develop, the General Assembly directed the Coastal Resources Commission (CRC) to implement clear regulations that minimize the burden on the applicant This Application for a minor development permit under CAMA is part of the Commission's effort to meet the spirit and intent of the General Assembly. It has been y.'. designed, to be straightforward and require no more time or effort than necessary from the applicant. please go over this folder with the Local permit Officer (LPO) for the locality in which you plan to build to be certain that you understand what information he or she needs before you apply. Under CAMA regulations, the minor permit is to be issued within 25 days once it complete application is in hand. Often less time is needed if the project is simple. The process generally takes about 18 days. You can speed the approval process by making certain that your application is complete and signed, that your drawing meets the specifications given inside and that your application fee is attached. Other permits are sometimes required for development in the coastal area. While these are not CAMA-related, we urge you to check with the Local Permit Officer to determine which of these you may need. A list is included on page two of this folder. We appreciate your cooperation with the North Carolina Coastal Management Program and your willingness to build in a way that protects the resources of our beautiful and productive coast. Coastal Resources Commission Division of Coastal Management 1 r1 DCM Form EB19S2-2010/RCviSCdApri12010