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
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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
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9 S=P. Apr,17. 2012 2:35PM CARTERET CO PLANNING DEPT
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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
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-Ap r. 17. 2012 2:35PM
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CARTERET CO PLANNING DEPT
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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
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