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HomeMy WebLinkAboutDenial_Dowdy, Owen Jr_20150427April 27, 2015 CERTIFIED MAIL — 7009 2820 0003 9012 8636 RETURN RECEIPT REQUESTED Owen Dowdy Jr. 218 Channel View Ct. Cape Carteret, NC 28584 RE: DENIAL OF CAMA MINOR DEVELOPMENT PERMIT PROJECT ADDRESS- 218 Channel View Ct. Dear Mr. Dowdy: After reviewing your application in conjunction with the development standards required by the Coastal Area Management Act (CAMA) and our locally adopted Land Use Plan and Ordinances, it is my determination that no permit may be granted for the project which you have proposed. This decision is based on my findings that your request violates NCGS 11 3A-1 20(a)(8) which requires that all applications be denied which are inconsistent with CAMA guidelines and Local Land Use Plans. You have applied to remove an existing accessory pump house building, and construct a new enlarged accessory pump house building which is inconsistent with 15 NCAC 7H .0209 (f) (1), which states that: Within the AEC for estuarine and public trust shorelines contiguous to waters classified as ORW by the EMC, all development projects, proposals, and designs shall limit the built upon area in the AEC to no more than 25 percent or any lower site specific percentage as adopted by the EMC as necessary to protect the exceptional water quality and outstanding resource values of the ORW. Your application is also inconsistent with our Local Land Use Plan. On page 34 of the Cape Carteret CAMA Land Use Plan, you will find that development within designated Areas of Environmental Concern is restricted by CAMA regulations and development guidelines. Specific CAMA development standards for AECs can be found in 15 NCAC 7H. Should you wish to appeal my decision to the Coastal Resource Commission or request a variance from that group, please contact me so I can provide you with the proper forms and any other information you may require. The Division of Coastal Management central office in Morehead City must receive appeal notices within twenty (20) days of the date of this letter in order to be considered. Respectfully yours, Brandon Hawks, LPO Town of Cape Carteret 102 Dolphin St. Cape Carteret, NC 28584 cc: Heather Styron April 27, 2015 CERTIFIED MAIL — 7009 2820 0003 9012 8636 RETURN RECEIPT REQUESTED Owen Dowdy Jr. 218 Channel View Ct. Cape Carteret, NC 28584 RE: ' DENIAL OF CAMA MINOR DEVELOPMENT PERMIT PROJECT ADDRESS- 218 Channel View Ct. Dear Mr. Dowdy: After reviewing your application in conjunction with the development standards required by the Coastal Area Management Act (CAMA) and our locally adopted Land Use Plan and Ordinances, it is my determination that no permit may be granted for the project which you have proposed. This decision is based on my findings that your request violates NCGS 11 3A-1 20(a)(8) which requires that all applications be denied which are inconsistent with CAMA guidelines and Local Land Use Plans. You have applied to remove an existing accessory pump house building, and construct a new enlarged accessory pump house building which is inconsistent with 15 NCAC 7H .0209 (f) (1), which states that: Within the AEC for estuarine and public trust shorelines contiguous to waters classified as ORW by the EMC, all development projects, proposals, and designs shall limit the built upon area in the AEC to no more than 25 percent or any lower site specific percentage as adopted by the EMC as necessary to protect the exceptional water quality and outstanding resource values of the ORW. Your application is also inconsistent with our Local Land Use Plan. On page 34 of the Cape Carteret CAMA Land Use Plan, you will find that development within designated Areas of Environmental Concern is restricted by CAMA regulations and development guidelines. Specific CAMA development standards for AECs can be found in 15 NCAC 7H. Should you wish to appeal my decision to the Coastal Resource Commission or request a variance from that group, please contact me so I can provide you with the proper forms and any other information you may require. The Division of Coastal Management central office in Morehead City must receive appeal notices within twenty (20) days of the date of this letter in order to be considered. Respectfully yours, Brandon Hawks, LPO Town of Cape Carteret 102 Dolphin St. Cape Carteret, NC 28584 cc: Heather Styron GENERAL INFORMATION LAND OWNER Name: Addres T / City. / GL� State: L / Zip: d�c�� Phone: �,5 _ 9 �9 AUTHORIZED AGENT Name: Address: City. 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.) z / of 1,/1 , Cam' . DESCRIPTION OF PROJECT: (List all proposed construction and land d')..s SIZE OFLOT/PARCEL: Zs-y34t square feet acres PROPOSED USE: Residential 0 (Single-family El Multi -family (]) Commerical/Industrial [] Other Q'`~ TOTAL ENCLOSED FLOOR AREA OF A,BLILDING IN THE OCEAN HAZARD AREA OF ENVIRONMENTAL CONCERN (AEC):square feet (includes all floors and roof covered decks) SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT- PO UR ?ACES IN THE COASTAL SHORELINE AREA OF ENVIRONMENTAL CONCERN (AEC): square feet (Calculations 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 .) ,p�,, 1114ot� .1,-d Choose the AEC area that applies to your property: 5er ithin 75 feet of Normal High Water forthe Estuarine Shoreline AEC rp•4.,�e�-., = 'IQ9P ithin 575 feet of Normal High Water for the Estuarine Shoreline AEC, adjacent to Outstanding Resource s (3)within 30 feet of the Public Trust Shoreline AEC (Contact your Local Permit Officer if you are not sure which AEC applies to your property.) 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? YES ❑ NO ❑ If yes, list the total built upon area/impervious surface allowed for your lot or parcel. square feet. OTHER PERMITS MAY BE REQUIRED: The activity you are plamling may require permits other than the CAMA minor development permit. As a service we have compiled a listing of the kinds of permits that might be required. We suggest you check over the list with your LPO to determine if any of these apply'to your project. Zoning, Drinking Water Well, Septic Tank (or other sanitary waste treatment system), Building, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA Certification, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway Connection, and others. STATEMENT OF OWNERSHIP: 1, 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 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 , see Deed Book page in the Carteret County Registry of Deeds. ❑ an owner by virtue of inheritance. Applicant is an heir to the estate of probate was in County. ❑ if other interest, such as written contract or lease, explain below or use a separate sheet and attach to this application. NOTIFICATION OF ADJACENT PROPERTY OWNERS: I furthermore certify that the following persons are owners of properties adjoining this property. I affrm that I have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. (1) (3) (4) FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS: I acknowledge that the land owner is aware that the proposed development is planned for an area which maybe susceptible to erosion and/or flooding. I acknowledge that the local permit officer has explained to me the particular hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabilization and floodproofrng techniques. PERMISSION TO ENTER ON LAND: I furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer and his agents to enter on the aforementioned lands in connection with evaluating infonnation related to this permit application. This application includes: general information (this form), a site drawing as described on the back of this application, the ownership statement, the AEC hazard notice where necessary, a check for $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. OCK1981 28' 84 ft' 12' ECP1981 6' 14' 336 ft 19' STP1981 1.1, G. 23' 209 ft FGR1981 31, 713 fV S2 ao 23' G7Z 2-1 G 9 � 6' .24' 84' )NE1981 2633 ft' 33' 14' Page 1 of 1 DCK1981 144 ft- / g� 22' 16' littp:/hveb3.mobi1e311.con-l/CarteretCard/Telerik. Web. Ul.WebResource.axd?imgid=eOba3c... 4/l /2015 2t 8 C.lta�►c� U� EY✓ G�� ' ADJACENT RIPARIAN PROPERTY OWNER STATEMENT FOR CAMA MINOR PERMITS I hereby certify that I own property adjacent to (Name of Propert Owner) property located at ;� //�� Address, Lot, Block, oad, etc.) on/_ � •�� C_�4,/� , in-11 & ela� /G� N.C. (Waterbody) (T6Wn and/or County) He has described to me as shown in the attached application and project drawing(s), the development he is proposing at that location, and, 1 have no objections to his proposal. (APPLICATION AND DRAWING OF PROPOSED DEVELOPMENT ATTACHED) -zs S Telephone Number —/T Date ADJACENT RIPARIAN PROPERTY OWNER STATEMENT FOR CAMA MINOR PERMITS I hereby certify that I own property adjacent to �Cx-jel•. 's (Name of Property Owner) property located at GJ e Address, Lot, Block oad, etc.) on� ^, in =4-,94 , N.C. �(Waterbody) ( own and/or County) He has described to me as shown in the attached application and project drawing(s), the development he is proposing at that location, and, I have no objections to his proposal. (APPLICATION AND DRAWING OF PROPOSED DEVELOPMENT ATTACHED) na ure Print or Type Name z5 z- 313 - ) 3315 Telephone Number . q I I l!� Date