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HomeMy WebLinkAbout600-12_Hog Island Bay Cemetery_20120207'Feb. 9. 2012 12:05PM CARTERET CO PLANNING DEPT No.8381 P. 1 Carteret County 600.12 Local Government Permit Number LAMA 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 Barbara G. Eugene & Family, agent for Hog Island Bay Cemetery, authorizing development in the Estuarine Shoreline - ORW at Lola Road, in Cedar Island, NC, as requested in the permittee's application, dated January 4, 2012. This permit, issued on February 7, 2012, 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. This permit authorizes: Placement of a chain link fence around the cemetery (1) All proposed development and associated construction must be done in accordance with the permitted work plat drawings(s) dated received on January 4, 2012. (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 252-728-8545 for a final inspection at completion of work. (5) Pursuant to 15A NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold or otherwise disposed of to a third -party. (Additional Permit Conditions on Page 2) This permit action may be appealed by the permillee 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: DECEMBER 31, 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, J. C. O'Neal CAMA LOCAL PERMIT OFFICIAL 402 Broad Street Beaufort, NC 28516 PERMITTEE (Signature required if conditions above apply to permit) Feb. 9. 2012 12:05PM CARTERET CO PLANNING DEPT t; No.8381 P,: 2 Name: Barbara G. Eugene & Family Minor Permit # 600.12 Date: February 7, 2012 Page 2 (6) The amount of impervious surface shall not exceed 25% of the lot area within 675 feet of Normal High Water (Estuarine Shoreline - ORW Area of Environmental Concern), in this case,1,721 square feet is authorized. (7) 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. No portion of the roof overhang shall encroach into the 30 ft. buffer. (8) 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 must be 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. (9) Any proposed for grading within the 30' buffer from the Normal High Water 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. (10) All other disturbed areas shall be vegetatively stabilized (planted and mulched) within 14 days of construction completion. (11) Prior to any development, sift fence shall be properly installed between all planned land disturbance and the adjacent marsh and open water areas; the silt fence shall be properly maintained throughout the construction period. Silt fence shall be installed such that it is properly toed -in to the soil, (12) This permit does not authorize development within any wetlands or open water areas SIGNATURE: �'i a.� DATE: ?ter �- PERMITTEE Apr.17. 2012 2:35PM CARTERET CO PLANNING DEPT No.8793 P. 2 6 V/S.. D.3. /5I-S0,J'Dor) Locality Permit Number 600-IA Hazard Estuarine Shoreline_ ORW Shoreline- t,/ 'Public TrusCShoreline -Offier (For officiat use only) F GENERAL INFORMATION r LAND OWNER Name Address �� J city ��� C C r-xeX State I Y. L .,.� Zip -IM(Rhone Email AUTHORIZED AGENT Name Address t 4-j IC - CLe lZ _ t r City State Zip phone —7'2 0" 3 -1.'J- 1-1 L7 O Email `,i6 ur:Q. LOCATION OI~ PROJECT: (Address, street name and/or directions to site. If not oceanfront, what is the name of the adjacent waterbody.) DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) '_ SIZE OF LOT/PARCEL: square feet acres PROPOSED USE: Residential (Single-family Multi -family Commercial/Industrial [-] Other L�1` t COMPLETE EITHER (1) OR (2) BE,LO'V'V' (Contact your Local Permit Officer if you tare not sure which AEC applies to your properly): (1) OCEAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE: square feet (includes air conditioned living space, parking 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: 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 STORMWATER MANAGEMENT PERMIT: Is the project located in an area subject to a State Stormwater Management Permit issued by the NC Division of Water Quality? 'Y'ES NO If yes, list the total built upon area/impervious surface allowed for your lot or parcel: square feet. a Apr.17. 2012 2:35PM CARTERET CO PLANNING DEPT No.8793 P. 3 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, ITIA Certification, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway Connection, and others. Check with your Local Permit Officer for more information. STATEMENT OF OWNERSHIP: I, the undersigned, an applicant for a CAMA 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 developrr;nt permit, certify that the person listed as landowner on this application has a significant interest in the real property described therein. This interest can-6 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 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 furthermore certify that the following persons are owners of properties adjoining this property. I affirm that 1 have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a LAMA permit. (Name) _ I�(Ad/dress) / �+ f/ f / (t r7 ) - t' ') I 7 Li. -R e: , l t.J'G�:!` - `6 �C�IYICJC 11V.C.2_ C-) b ..7c,S /(2) (3) (4) ', l l" l ' t ACKNOWLEDGEMENTS: f ") V I, 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 permit application. - This the day of .a , 20 / 2- Landowner or person authorized to act as his/her 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 Hazar dAEC Notice where necessary; a check for $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 on AEC without permit is subject to civil, criminal and administrative action. Apr.17. 2012 2:35PM CARTERET CO PLANNING DEPT f.. No.8793 P', 4 60 00 6QS0 12Q'20 i$4"BO now GRAPHIC SCALE -- FE'E 7 CURRENT TAX INFO OWNER., BALEY,PHIWP JAMES PiN15t 841503146526000 lJ BEN1"IN PA Af,ER � a�2oil W IMIrY a-e3-,Lw 1 �b FaCr Apr 4� vrBme AT rm LF AMP HUP AKr ANO� j PLUM" WE" INTO % �� `o T,C"ARY 8-VS- W1 G1lsi ::.. _.CL S ow'v r 37J461 r (W I r■t111/ [afl ffl■ /gal �cp va rf r • r ► ■r « N1r ■■tral fuli,f f>♦'� Kt ■INI ft�fl ll���fNlli.fv rry■IKNIUN or ►alfa111■• « I�;.i.��+ii0rol��r■N. /i4 a n■u fi1■11■rlrr■ ollwaIff fr■r MI iY/ff W Ik goal trolly PIN1 N WITr W -- -% `` `— s, u BE14'; �. 1 � INFO �• .� ,Al10E C �1 50314M3000 XAAI�Uf A®r fOWP i�,4CANTLOT St{e 3-c171! 1237AMS r 1 . J"ES 49AN/E,L6 Apr.17. 2012 2:35PM CARTERET CO PLANNING DEPT No.8793 P. 5 caxrcor PERMIT FEE RECEIPT CO�Y411ouee.�'Linre Ban,�oYtNc2a51t3 Case # 2012-102963 cssa9 so4 Date Printed: 01/04/2012 CARTERET COUNTY - FEES RECEIPT ease numner: zu1z-1u2abj Status: Issued Permit Number. CA12-52 Date Started: 01104/2012 Permit Type: CAMA Property: (841503145416000) Lot Number: -- Company Name: Hog Island Bay Cemetery Full Name: Address: Fee Information Account Amount CAMA Notes: 110.40.3345.400 $100.00 Payrflent Information Payment Type ' Amount CAMA Check $100.00 FEE TOTAL $100.00 AMOUNT PAID BALANCE DUE $100.00 t; $0.00 01/0412012 - 4:26:02 PM - Generated by: kathyr 1/1 9 S=P. Apr,17. 2012 2:35PM CARTERET CO PLANNING DEPT I F1 Ln Ir Lr) jimer, I C13 ate trl rq Adjace ropetty nor C1 Return R6Wpi F:1 (Endorserneni, Require ft IM- Maillng A re s RestrictedDelivery% 1113.0 r-3. (E n d o ra a rA e n 1. Av.6q'.y 1,.dJ r- City, State, Zip Code �0 Total Postage & 15661! A 12/1 i E3 -TO SrrWf'r', -APF, Iff,'; ........ r— of PO BOX No. DearAdjacent Property. --dlq�:§Uaxx- 71 .... ... This letter is to inform you that 1, Gf eve ed ter a CAMA Minor Property Owner Permit on my property at i r Li rd , �4 1 in COUNTY PropWyAddress County. As required by CAMA regulations, I have enclosed a copy of my permit application and project drawing(s) as nolffication 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 14iq 0 —,or by mail at the address listed below'. If you wish to Applicant's Telephone file wrliten comments or objectlans vOth the LOCAL GOVERNMENT CAMA Minor Permit Program, you may submit them to; LPO NAME Local Permit Officer for LOCAL GOVERNMENT LOCAL GOVERNMENT ADDRESS CITY, STATE, ZIP CODE Sincerely, a -61 f-r, C 4,.— Property Owner Mailing Address C-A City, State, Zip code .4� -Ap r. 17. 2012 2:35PM is CARTERET CO PLANNING DEPT D I J v�rcyo / j I Cenllled Fee Da e p Rssme i Requ Fee 1 4 (Endorsemenl Required) Resldcled DeWyery Feg X3 (Entlarsemegl Requlted) Adjacent Pro ert Ow er 0.p r� Q, � Total POalage a Fees Mailing ddra s } q r` —� 6 Ian , CJ a�rr��) City, State, Zip Code pp 0'PO xNo. _�.. Q�� � r` Or PO Box Dear Adjacent Property. This letter is to Inform you that I, CeI'll have applied tor'a CAMA Minor r Permit on my property at e r S< ` hqk �' in COUNTY Property Address County. As required by CAMA regulations, I have enclosed a copy of my permit application and project drawing(s) 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 '-! 71 -i q il c3 ,or by mall at the address listed below. if you wish to Applicant's Telephone file written comments or objections with the LOCAL GOVERNMENT CAMA Minor Permit Program, you may submit them to: LPO NAME Local Permit Officer for LOCAL GOVERNMENT LOCAL GOVERNMENT ADDRESS CITY, STATE, ZIP CODE !t Sincerely, Property -Owner 31 0 Mailing Address 15 k4t City, State, zip Code Apr.17. 2012 2:35PM CARTERET CO PLANNING DEPT No.8793 P. 8 December 18, 2011 Dear Mr. O'Neal, My family and I are applying for a CAMA permit to put a 4 ft. high fence around Hog Island Bay Cemetery where our great-grandparents and J. some of their children are buried. The fence will be a chain link fence, similar in keeping with the same kind of fencing around the Community Cemetery in Cedar Island. We have had a survey done and I will enclose one with this application. Our only desire for this permit is to protect and take care of this cemetery. Several of the graves are very fragile and we want to repair them and keep the grass cut and keep the property secure for future generations. For the past two years there has been some burning on this property and we are very concerned - about that and feel that the fence would help deter any further problems of that kind, If you have any further questions please call me at 770-344-7990 or my sister Frances Eubanks at 726-4871. Sincerely, Barbara G. Eugene XIA-74 �a-,) Feb. 9. 2012 12:05PM CARTERET CO PLANNING DEPT No.8381 P. 3 Carteret County Department of Planning and Development a Alri rCilningS, A1CP Director p Main Office Courthouse Square • Beaufort, NC 28516-1896 Tel: (252) 728-8497 or 72EV545 Fax: (252) 728-6643 Westernoffice: 701 Cedar Potht Blvd. • Cedar Point, NC 28504-8013 Tel: (252) 393-3204 • Fax: (252) 393-3205 February 8, 2012 CERTIFIED MAIL 70101060 00016509 3355 RETURN RECEIPT REQUESTED Ms. Alice Dolly 383 Lola Road Cedar Island, NC 28520 Dear Ms. Dolly: This letter is in response to your conversations with me, Inspector J. D. O'Neal, regarding your concerns about the proposed development of Barbara G. Eugene & Family at Hog Island Bay Cemetery, Lola Road, Cedar Island, N.C. The project consists of placing a chain link fence around the cemetery. The proposed project has been determined to comply with local regulations and the Rules of the Coastal Resources Commission (07H.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 determined 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, J. D. O'Neal, at 252-728-8545, if you have any questions, or if I can provide any additional information. Respectfully yours, r Yam. J. D. O'Neal, LPO Carteret County Cc: Barry Guthrie NCDENR E Feb. 9. 2012 12:05PM CARTERET CO PLANNING DEPT No.8381 P. 4 (B) Development Standards. Development of wind energy facilities shall meet the following standards in addition to adhering to the requirements outlined in Part (a)(13)(A) ofthis.Aule: (i) Natural reefs, coral outcrops, artificial reefs, seaweed communities, and significant benthic communities identified by the Division of Mari; Fisheries or the WRGshall be avoided; — (ii) 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 as_high relief hard bottom areas. high relief is defined for this standard as reliefgreater 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_Resourees 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-1 13(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 act 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. HisloryNote: AuthorityGr.S 113A-107(b);113A-108; 113A-113(b); 113A-124; Lff. September 9,1977, Amended F.ff. February 1, 1996,• April 1,1993, February 1,1993; November 30, 1992, RRC Objection due to ambiguity E,Q: March 21,1996,• Amended Ef. . February 1, 2011; August 1, 2010, June 1, 2010; August 1.1998; May 1, 1996 I SA NCAC 07H .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 Privironment and Natural Resources (described in Rule .0206(a) of this Section] for a distance of 75 feet landward. For those estuarine shorelines immediately contiguous Yo waters classified as Outstanding Resource Waters by the Environmental Managemen& 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; tscoordinate and establish a 15 Feb. 9. 2012 12:05PM CARTERET CO PLANNING DEPT No.8381 P. 5 CAMA THIRD PARTY HEARING REQUEST FORM PETITIONER'S NAME DCM FORM 5 DCM FILE No: COUNTY WHERE THE DEV8LOPMENT 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 canrxot obtain a copy of the permit, please provide the name of fbe pewrtee, 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. 7(b). Denial of a Third Party Hearing Request is a final agency decision which may be appealed to Su�xior 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.I(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. Per-;ons 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 iho can demonstrate a history of substantial use of public resources in the area alrectly 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. 32 i