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HomeMy WebLinkAbout243-04_Rogers, Harry T._2004090809/16/2004 01:39 2527286643 CARTERET CTY P I PAGE 01 �k-e Carteret County Local Government 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 WA-ti8 of the General Statues, -Coastal Area Management" 243-04 Permit Number Issued to James T. Rogers. qg-ent for Ha fw T. Ropers, authorizing development in Estuarine Shoreline ORW at 134_Back._Sound Lane, Harkers Island. N.C.. as requested in the permittee's application, dated August 2_& 2004. This permit, Issued on September 8. 2004, 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 (1) Construct a single family dwelling, repair concrete driveway and baekfill seawall at 134 Back Sound Lane, Harkers Island, North Carolina within 575' of the NHW of Back Sound in the ORW area of environmental concern. (2) The amount of Impervious surface areas %hall not exceed 25% of the lot area within the 575' area of environmental concern (ORW). The Impervious surface area is not to increase. (3) A 30' buffer zone must be placed between all impervious areas and surface waters (wetlands and normal high water). (4) All proposed development and associated Construction must be done in accordance with the permitted work plat drawings(s) dated received August 26, 2004. (5) All construction must conform to time N.C. Building Code requirements and all other local, State and Federal regulations, applicable local ordinances and FENA, Flood Regulations. (6) Any change or changes In the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. (7) pursuant to 15 N.C.A,.C., Subchapter 7J.0406(B), this permit may not be assigned, transferred, sold, or otherwise disposed of to a third party. This permit action may be appealed by the pennittee or other qualified persons within twenty (20) days of the Issuing date, From the data 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, 2007 , 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. c r. �J - t2 Local Permit Official (signature) J. D. O'Neal c LAMA Local Permit Official Date s2ofx, v . &�� PerV (signature required If conditi ns above apply to permit) �Opyl CARTERET COUNTY DEPARTMENT OF PLANNING &DEVELOPMENT Katrina F. Marshall, AICP Director September 13, 2004 Main Office: Courthouse Square Beaufort, NC 28516-1898 Tel: (252) 728-8497 (252) 728-8545 Fax: (252) 728-6643 Mr. Jack E. Jordan 1122 Hickory Drive Hillsborough, North Carolina 27278 Dear Mr. Jordan: Western Office: 701 Cedar Point Blvd. Cedar Point, NC 28584-8013 Tel: (252) 393-3204 Fax: (252) 393-3205 r SEA' 2 0 7004 Morehead City DCM This correspondence is in reference to your August 27, 2004 objection letter to the residential project proposal at 134 Back Sound Lane on Back Sound near Harkers Island, Carteret County, North Carolina. The applicant, James T. Rogers, agent for Harry T. Rogers proposed to backfill seawall, landscaping, construct a single family dwelling and repair driveway. It appears that your objection is related to the encroachment of your access. Based on information submitted to this office, application, site plan and tax information, was sufficient evidence for the Carteret County Planning Department to render a final agency decision on the proposal. Thus, the Carteret County Planning Department reviewed the application along with the pertinent rules of the Coastal Resources Commission in conjunction with your objection and determined that the project is consistent with the Commission's rules. Therefore, the Carteret County Planning Department issued Minor CAMA permit number 243-04 to James T. Rogers, agent for Harry T. Rogers on September 8, 2004 authorizing the backfill of the seawall, landscaping, construct a single family residence and repair driveway. If you wish to appeal this permit decision, you must file a Third Party Hearing Request with the Director of the Division of Coastal Management, Mr. Charles S. Jones, Department of Environment and Natural Resources within 20 days of the permit decision. A copy must also be sent to the Attorney General's Office, Environmental Division. If you wish to appeal, please contact our office and we will forward you the pertinent forms. Should you have any questions, please call 252-728-8497. Sincerely, JJ. D. O'Neal CAMA Local Permit Officer kLw Mr. Jack E. Jordan Page 2 September 13, 2004 cc: Field Representative Division of Coastal Management cc: Tere Barrett Division of Coastal Management c: Ted Tyndall Division of Coastal Management 108/30/2004 01:53 2527286643 CARTERET CTY P I PAGE 02 /� 7d4 Locality D Permit' Number• le 73 3 S'l S 27 0 -q I./3 �SocrNrJ L rn " . Ocean Hazard Estuarine Shoreline ORW Shoreline Public Trust Shoreline ' � ' •• Other .q (For official use only) I- GENERAL INFORMATION LAND OWNER Name Addre., Ciry Sate NG 7.ip 276204, Phone ql`-- 951I L s AUTHORIZED AGENT 7 Zip Phone/q-g/�•'�03,� LOCATION OF PROJECT: `(Address, street ename and/or directions to site. If nor oceanfront, what is the name of j the adjacent waterbody?) Et%t O 0U1,SLiA"a 3 Dti+c, sb ,ae Larni � DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) gLL I t-b hlE1s! S1 /N AcGL 56 pj'jL iR lL PAl p�L1 vL� , to SIZE OF LOT/PARCEL: 1 4�1� square feet acres 1 PROPOSED USE: Residential __�Z (Singlc-family Multi -family ) Commerical/Industrial Other, TOTAL ENCLOSED FLOOR AREA OF A BUILDING IN THE OCEAN HAZARD AREA OF EW- RONIVIENTAL CONCERN (AEC): square Meet (includes all floors and roof -covered decks) SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT -UPON SURFACES IN :. THE COASTAL. SHORELINE AREA, OF ENVIRONMENTAL CONCERN (AEC):1 Z4 o sq. ft. (Calculations include the area of the roof/drip .Line of all buildings, driveways, covered decks, concrete or masonry patios, ' t ere. that are -within the applicable AEC. Attach your calculations with the project drawing.) ~ "" Choose the AEC area that applies to your property: (� within 75 feet of Normaj High Water for the Estuarine Shoreline AEC within 575 .feet of Normal. High Water for the Estuarine Shoreline AEC, adjacent to Outstanding Resource Warcrs ' (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 ncc project located in an area subject to a State Scormwater Management Permit issued by the N.C. Division of Water Quality? ? ua YES NO If yes, list the total built -upon arc a/impervious surface allowed for your lot or parcel. � square feet. .08/30/2004 01:53 2527286643 CARTERET CTY P I PAGE 03 OTHER PERMITS MAYBE REWIM, The activity you are planning may require permits other than the CAMA minor development permit. As a service we have compiled a lisr. of the kinds of permits thu might be required. We suggrst you check over the list with your LPO to determine if any of these apply to your project Zoning, Drinking Water Well, ScpticTank (or other sanitarywasrc treatment sysrem), Building, Electrical, Plumbing, Heating andAir Conditioning, Insulations and Energy Conservation, PIA Certification, Sand Dune, Sediment Control, Subdivision Approval, Mobilc Home ParkApproval, Highway, Connection, and others. STATEMENT OF OWNERSHIP: L 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 inrerest in the real property described therein. This interest can be descri as: (check one) p �an owner or record title. Title is vested in �rl /\C%2ZS . see Deed Book �bD p2ge.Sa3 in the 1:� A it �,� t_--r , County Rcgistry 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 affirm that I have given ACTM NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. (Narne) (Address) /� (2) a /122 t4.SQDg-oti Ca. AIC- (3) i .5 2 rC. 94wwL 2?c (4) FOR DEVELOPERS XN OCEAN HAZARD AND ESTUARINE HAZARD AREAS; I acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to erosion and/or flooding. I acknowledge that the local permit officer has explained to me the particular hazard problems associ- ared with this lot. This explanation was accompanied by recommendations concerning stabilization and floodptooftng tech. piques. 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 information 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 infor- mation as may be provided orally by the applicant. The details of the application as described by chest sources arc incorporated without reference in any permit which may be issued. Deviation from these details will constiture a violation of any permit. Any person developing in an AEC without permit is subject to civil, criminal and administrative action. This day of 44� , 20 i Landowner or person authorized 10 act agent for purpose of filing a CAMA permit application. ,08/30/2004 01:53 2527286643 CARTERET CTY P I p PAGE 04 ADJACENT RT-PARxAN PROyERTy OWNER STATEMMNT I hereby certify that I own property adjacent to 2 's (Name of Property owner) Property located at � (Lot, Block, Road, etc.) one �pu 11-ni (Waterbody) , 4,, in AYUVCiSSC,00`b , N.C. (Town and/or County) Ile has'descxibed to me as shown below, the development he is proposing at that loc ation and, I havo no objections to his proposal. DFSCR'P' ON AND,* DRAWING OF PROPOSED D (To be famed in by individuwi LOPII�EN'I' Pmpasing developrneat) 3¢' i4w5er Signature Print or Type dame Telephone Numbest Date; - 2O- ADJACENT RIPARIAN PROPERTY OWNER'S STATEMENT IN RE: Permit of Harry T. Rogers Property located at the end of Back Sound Lane On Back Sound, Harkers Island Please be advised that Jim Rogers, brother and agent for Harry T. Rogers, handed to me Adjacent Riparian Property Owner's Statement on 26 August 2004 and asked me to sign same. have advised Jim Rogers, brother and agent for Harry T. Rogers, that the construction of a 40 foot house concerned me as it may encroach into my access. I have studied my survey and his proposal and find that should a 40 foot house be constructed as shown on the plans of Harry T. Rogers, that it would in fact encroach upon my access. Jim Rogers advised me that he didn't need my signature and that he had his permit anyway. I respectfully request that you not issue any permit to Harry T. Rogers that would allow him to encroach onto my property or close my easement. I have attached a copy of my deed and a copy of the survey of my property that was prepared by James L. Powell, RLS. The proper thing for Mr. Rogers to do is to have his property located by a survey and situate his house on the property so that it does not encroach over onto my property or block Back Sound Lane. Respectfully submitted this day of August, 2004. G. J ck E. Jordan ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to I (O�— Lr A T s (Name of Property Owner) property located at 141 cr- (Lot, Block, Road, etc.) 7 in --r 77— 5LA7\10 J N.C. (Waterbod.y), (Town and/or County) He has*described to me as shown below, the deVelopment he is proposing at that location, and, I have no objection * s I to his proposal. DESCRIPTION AND A01 DRAWING OF PROPOSED DEVELOPMENT (To be filled in by individual proposing development) L 01 a wso Signature Print or Type Name Telephone Number Date: NSF �-c�Rw r RoGE 2.5 shz. 7o44 BULKHEAD t ��~ I.N •) CORNER �vs, 6t.•o ,a w 10 IF so &Y O 0 F-,-. P.K. NA,� 21 f - p-AR F �v •� as a`O . F 1) c-IT t wor�R '733S t e Arl. -r o TAX F1#.1. 73357 184'L 01ZI lc �GEnt c7 - ---- tZ/vJ a 21 C. ,•i 7- O F Gd�,.fT�2a- No v.! 02 F `.G. WI i l:K1ST,nl, S.l•C�. a g6T rP-� SURVEY FOR -3o.c K- Jotz ow"( HARKER'S ISLAND TOWNSHIP CARTERET COUNTY, N. C. KAq +rl:L Zoo dr. SCALE I" =60' SURVEYED BY POWELL SURVEYING P. A. P. 0. BOX 616, BEAUFORT, N. C. 28516 415 LIVEOAK STREET (919) 728-4235 FAX (919) 728-2603 EXHIBIT "A" BEGINNING at an existing iron pipe located in a ditch, said point being further identified as being located the following three courses and distances from the centerline intersection of State Road 1135 and State Road 1408 if same were extended: S 12-01-50 E 38.79 feet to an existing iron pipe; thence S 4-14-00 W 279.75 to an existing iron pipe; thence S 46-50-19 W 218.44 to the POINT AND PLACE OF BEGINNING; running thence from said point of beginning along the centerline of a. ditch S 30-56-50 W 102.46 feet to a set iron pipe located in the line of an old bulkhead in the highwater mark of Back Sound; running thence with the highwater mark of Back Sound and with the line of an old bulkhead N 56 36-10 W 50.01 feet to a set iron pipe; running thence N 30-57- 00 E 102.3 feet to a set iron pipe located in the eastern right-of-way of Back Sound Lane; running thence along the centerline of a ditch S 56-47-07 E 50.00 feet to the POINT AND PLACE OF BEGINNING. Being 0.12 acres as shown on that survey entitled "Survey for Jack Jordan dated May 4, 2004 prepared by Powell Surveying, PA which map is incorporated herein by reference. Included in this conveyance is an easement for ingress, egress and regress leading from the State Road along Back Sound Lane to the above described tract; said road havino, been used for a number of years as access to Back Sound Lane by the general public. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly allthtrized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. (SEAL) Alton P. Best��,, (`� // �• By: (SEAL) President Glenda H. Best Secretary (SEAL) ATTEST: (SEAL) peppppp01111111�''. `OOO � rrrrrrrrrr. rrrr ••��i PORTH CAROLINA, Carteret County. IYthe undersigned, a Notary Public of the County and State aforesaid, certify that Alton P. Best and wife, Glenda II. Best, Z;EAI:-Skugp �� : >-(Eantor, personally appeargpefore me this day and acknowledged execution of the foregoing instrument. Witness my hand and dZicial stamp or seal, this day of May, 2004. +���. C�•• • • • • •' • r• GOe�� My commission expires: t ' l `�� �K . Notary Public j#OMitee' NORTH CAROLINA, Carteret County. I, the undersigned, a Notary Public of the County and State aforesaid, certify that Grantor, personally SEAL -STAMP appeared before me this day and acknowledged execution of the foregoing instrument. Witness my hand and official stamp or seal, this day of May, 2004. My commission expires: Notary Public The foregoing Certificate(s) of is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. REGISTER OF DEEDS FOR COUNTY By Deputy/Assistant-Register of Deeds. Tax Lot No. Parcel Identifier No. 7335.18.42.7081 Veiified by County on the day of , 20 by Mail after recording to WHEATLY,'WHEATLY, NOBLES, WEEKS, VALENTINE & LUPTON, P.A. This instrument was prepared by Claud R. Wheatl , III Brief Description for the index F139.Back Sound Lane NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made May 19, 2004 between GRANTOR GRANTEE Alton P. Best and wife, Glenda H. Best Jack E. Jordan 1122 Hickory Dirve Hillsborough, NC 27278 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g., corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Harkers Island Township, Carteret County, North Carolina and more particularly described as follows: SEE ATTACHED EXHIBIT "A" The property hereinabove described was acquired by Grantor by instrument recorded in Book 787, Page 695. A map showing the above described property is recorded in Book , Page TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto 1 elonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple and has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: i Any rights of way, easements, conditions or restrictions of record. Ad valorem taxes for the year 2004. [. U �� 3 N. C. liar Assoc. From No. 3 ® 1977 �00 P Printed by Agreement witi the N.C. Bar Assoc. _ J 9003 CARTERET COUNTY 16744 05/19/2004 $88.00 STATE OF A ; 9TH Real Estate ki0 Excise Tax At Excise Tax $V.00 Tax Lot No. Verified by, by Melanie Ar�ARTERET COUNTY 3P JL Date 05/19/2004 Time 16:09:00 GR 1055438 Page 1 of 3 NORTH CAROLINA, CARTERET COUNTY The foregoing certihcato(s) of Notary Pubtic(s) islare certified to be corract. Ttis instrimnaM and this certifi- cate are duty re(pstared at the date and tirne and in the Book and Page shown on the fir3t p" hereof. Parcel Identifier No. 7335.18.42.7081 County on the _ MnWwr, r of D®cads __.d1MJDepLq. RagIsler of DOW$ Recording Time, Book and Page day of Mail after recording to WHEATLY,*WHEATLY, NOBLES, WEEKS, VALENTINE & LUPTON, P.A. This instrument was prepared by Claud R. Wheatl , III Brief Description for the index F,3913,ck Sound Lane NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made May 19, 2004 between GRANTOR GRANTEE Alton P. Best and wife, Glenda H. Best Jack E. Jordan 1122 Hickory Dirve Hillsborough, NC 27278 Enter inappropriate block for each party: name, address, and, if appropriate, character of entity, e.g., corporation or partnership. 20 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Harkers Island Township, Carteret County, North Carolina and more particularly described as follows: SEE ATTACHED EXHIBIT "A" The property hereinabove described was acquired by Grantor by instrument recorded in Book 787, Page 695. A map showing the above described property is recorded in Book , Page _ TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto Belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple and has the right to convey the same in fee 08/30/2004 01:53 2527286643 CARTERET CTY P I PAGE 01 ,lea/ , A.v.Jct� KAUKiNG SHEET P'U-by /"," Applicant's Name: �,3'3J~ ��, y�• %Ut� Property Address: Dates of Site Visits: Exemption: Permit: Number: Application to be returned for the following reasons: Date Returned: ' Application considered accurate and complete for processin ? 5 —.— Date:..d d Y The following• site -specific observations have been made: The following conditions to be includ&d on the permit (in addition to standard conditions): r erG1 � � • _ r' Date: �-•Of— r.-2 6 ^ 4 V. bates of follow up visits: Final Inspection Date: 1] Project determined to be In compliance with permit Project determined to be out of compliance with permit fiction taken to bring project into compliance with CAMA: 'PQ; date: CARTERET COUNTY DE ARTMENT OF PLANNING &DEVELOPMENT Katrina F. Marshall, AICP Director September 13, 2004 Mr. Jack E. Jordan Main Office: Courthouse Square Beaufort, NC 28516-1898 Tel: (252) 728-8497 (252) 728-8545 Fax: (252) 728-6643 1122 Hickory Drive Hillsborough,'North Carolina 27278 Dear Mr. Jordan: Western Office: 701 Cedar Point Blvd. Cedar Point, NC 28584-8013 Tel: (252) 393-3204 Fax: (252) 393-3205 �i'� w i .�♦f_ � { fir, , SEP 2 0 2004 Morehead City DCM This correspondence is in reference to your August 27, 2004 objection letter to the residential project proposal at 134 Back Sound Lane on Back Sound near Harkers Island, Carteret County, North Carolina. The applicant, James T. Rogers, agent for Harry T. Rogers proposed to backfill seawall, landscaping, construct a single family dwelling and repair driveway. It appears that your objection is related to the encroachment of your access. Based on information submitted to this office, application, site plan and tax information, was sufficient evidence for the Carteret County Planning Department to render a final agency decision on the proposal. Thus, the Carteret County Planning Department reviewed the application along with the pertinent rules of the Coastal Resources Commission in conjunction with your objection and determined that the project is consistent with the Commission's rules. Therefore, the Carteret County Planning Department issued Minor CAMA permit number 243-04 to James T. Rogers, agent for Harry T. Rogers on September 8, 2004 authorizing the backfill of the seawall, landscaping, construct a single family residence and repair driveway. If you wish to appeal this permit decision, you must file a Third Party Hearing Request with the Director of the Division of Coastal Management, Mr. Charles S. Jones, Department of Environment and Natural Resources within 20 days of the permit decision. A copy must also be sent to the Attorney General's Office, Environmental Division. If you wish to appeal, please contact our office and we will forward you the pertinent forms. Should you have any questions, please call 252-728-8497. Sincerely, it �D ,©` vua J. D. O'Neal CAMA Local Permit Officer Mr. Jack E. Jordan Page 2 September 13, 2004' c /ield Representative Division of Coastal Management cc: Tere Barrett Division of Coastal Management cc: Ted Tyndall Division of Coastal Management