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HomeMy WebLinkAbout05-46_Callahan, Donald and Ledcrberger, Polly_20051110.-Feb 03 06 02:35p Atlantic Beach Local Government os(o(,p Inspection Dept. 727-7043 p.2 HODMICATjON 05-46 Parmit Number CAMA MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina, Dopartment of Environmont, Health, and Natural Resources and the Coastal Rescurcos Commission for dovolopment in an area of onvironmontal concern pursuant to Section 113A•119 of tho Polly. General Statutes, 'Coastal Aroa Managemont.' Issuod to Dot ld Callahan Ge Lederberger authorizing development in Atlantic Beach Estuarine Shoreline at 214 Smith St. Carteret County _ an requested in the permitteo's application, dated 11/03 05 This pormit, issued on 11/10/05 is subject to compliance with tho application and silo drawing (whare consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of tllesc terms may subject permittea to a fine, imprisonment or civil action, or may cause the permit to be null and void, This is a modification of the existing permit authorizing the construction of a single family dwelling located at 214 Smith St. to allow for an 18' buffer landward of the normal high water mark instead of tho normal 30'. Any other development will require additional pormits or a modification of this pormit. The following conditions shall apply: All proposed development and associated construction must be done in accordance with the permitted workplat drawing a$ submitted, stamped and received on August 31, 2005. The 18' buffer located landward of the normal high water mark is allowed by 15A NCAC 07H .0209 (d)(10)(1)(1)(ii). This allows the applicant to move the house up to 18' landward of the bulkhead as much as is necessary to construct and provide access to the residence and to allow installation of the septic system. The amount of impervious surface area shall not exceed 30% of the lot area within 75' of the normal high water mark, which defines the Coastal Shoreline AEC at this location. In this case.1,050 sq. ft. of impervious surface is authorized. All construction must conform to the N.C. Building Code requirements and all other Local, State and Federal regulations. Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. In order to prevent sedimentation, a vegetated buffer zone must be maintained between all disturbed areas and the adjacent water body or marsh. Prior to initiating any land -disturbing activities, a barrier line of filter cloth, staked hay bales or burlap 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 vegetated cover. Af to a thim nne+6 I Ills Permit 5cticrh' may be appoaled by tho permittea or other qualified person; within twenty (20) days of the issuing date, From the date of an appeal, any work conducted under this per- mit must ccaso 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 complianco. Any maintenance work or project modifications not covored under this permit requires further written permit approval. All work must cease when this permit expires on Decomber 31. 2008 In issuing this permit it is agrood that this project is consistont with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another parry without the written approval of the Division of Coastal Managomont. - .. Loca! Per it fficer (signature) Donna T-umer Town or Atlantic CaC name P.O. Box 10 Atlantis Beach, N.C.2�,512 add ress permittea (signature required if special conditions above apply to permit) -.Feb 03 06 02:34p Inspection Dept. 727-7043 p.1 TOWN OF ATLANTIC BEACH 125 WEST FORT MACON ROAD ATLANTIC BEACH, NORTH CAROLINA INSQE6TI0t4S pEQARTMENT FP 9 J ,.`� . i ter• TO: mark Hamemar) FIRM: �,AmA FAx #: 141'1-- 55150 PNTF,: of 3 11)6 FROM: 117, 6ey-a.ld �Z£MAR-KS: an NUM6E(Z OF PAGE5 (including this -.hot): a Ogl&INAL TO FDLLOW 5Y MAIL: YES NO lbs Informallon contained in this facsimile is privileged and ranfidontial information iniendod oall for the ust of tht individual or tntlN namod above, If the roador of this mossagt is not tht ioltnded rocipitnl, you art htrOl nolifitd lhal any discussion, distribution or COPY of this tommunicalion is sirielll probiblitd. If you havo rcttivod ihls communication in error, please notify us immadiatsll. POST OFFICE BOX 10 - ATLANTIC BEACH, NORTH CAROLINA 28512 - (252) 726-4456 - FAX (252) 727-7043 t A i!ODIFICATION - � L Local Government Perri tuber kB -- �3 z006 MINOR DEVELOPMENT PERMT I d as authorized by the State of North Carolina, Department of Environment, \L_1� Health, and Natural Resources and the Coastal Resources Commission for development . in an area of environmental concern pursuant to Section 113A-118 of the - Polly - General Statutes, "Coastal Area Management." Issued to Donald Callahan & Lederberger authorizing development in Atlantic Beach - Estuarine Shoreline at 214 Smith St. Carteret County as requested in the permittee's application, dated _ 11/03/05 This permit, issued on 11/10/05 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 Is a modification of the existing permit authorizing the construction of a single family dwelling located at 214 Smith St. to allow for an 18'.buffer landward of the normal high water mark Instead of the normal 301. Any . other development will require additional permits or a modification of this permit. The following conditions shall apply: All proposed development and associated construction must be done in accordance with the permitted workplat drawing as submitted, stamped and received on August 31, 2005. The 18' buffer located landward of the normal high watermark is allowed by 15A NCAC 07H .0209 (d)(10)(I)(i)(ii). This allows the applicant to move the house up to 18' landward of the bulkhead as much as is necessary to construct and provide access to the residence and to allow installation of the septic system. The amount of impervious surface area shall not exceed 30% of the lot area within 75' bf the normal high water mark, which defines the Coastal Shoreline AEC at this location. In this case,1,050 sq. ft. of impervious surface is authorized. - Ali construction must conform to the N.C. Building Code requirements and all other Local, State and Federal regulations. Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. In order to prevent sedimentation, a vegetated buffer zone must be maintained between all disturbed areas and the adjacent water body or marsh. Prior to initiating any land -disturbing activities, a barrier line o rfaTc bales or burlap must be installed between the land -disturber activityand the adjacent marsh ii h 91 fttt,u 'f Oil time as the area has been ro rl stabilized with a ve etated cover.P pe Y 9 Pursuant to 15 NCAC. Subchapter 7J 04 ' of -to Ii pthmq Rarrt�r. may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. fty DCM From the date of an appeal, any work conducted under this per- mit must cease until the appeal is resolved. Local Per it Officer (signature) 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 modifications not covered under this permit requires further written permit approval. All work must cease when this permit expires on December 31. 2008 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. Donna Turner Town ot Atlantic Beach• P.O. Box 10 Atlantic Beach, N.C. 28512 • ' Permittee (signature required if special conditions above apply to permit) Atlantic Beach Local Government 05-46 Permit Number CAMA MINOR DEVELOPMENT PERMIT -� as authorized by the State of North Carolina, Department of Environment, Health, and Natural Resources and the Coastal Resources Commission for development in an area of environmental concern pursuant to Section 113A-118 of the • General Statutes, "Coastal Area Management." Issued to Donald Callahan/Polly Lederbergerauthorizing development in Atlantic Beach Estuarine Shoreline at 214 Smith St. Carteret County as requested in the permittee's application, dated * 8/31/05 This permit, issued on 9/12/05 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 is a permit authorizing the construction of a single family dwelling located 30' landward of the normal high water mark located at 214 Smith St. Any other development will require additional permits or a modification of this permit. The following conditions shall apply: All proposed development and associated construction must be done in accordance with the permitted workplat drawing as submitted, stamped and received on August 31; 2005. The 30' buffer noted on the workplat drawing must be measured from the normal high water mark to the overhang of the porch roof. The amount of impervious surface area shall not exceed 30% of the lot area within 75' of the normal high water mark, which defines the Coastal Shoreline AEC at this location. In this case, 1,050 sq. ft. of impervious surface is authorized. All construction must conform to the N.C. Building Code requirements and all other Local, State and Federal reg Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. In order to prevent sedimentation, a vegetated buffer zone must be maintained between all disturbed areas and the adjacent water body or marsh. Prior to initiating any land -disturbing activities, a barrier line of filter cloth, staked hay bales or burlap 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 vegetated cover. I r17 Pursuant to 15 NCAC, Subchapter 7J.0406(b), this permit may not be assigned, tran of e,nii iSp. ed of to a third party. 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 per- mit 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 modifications not covered under this permit requires further written permit approval. 31 All � rk rPust ncease when this permit expires on December In issuing 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. �n-a-Qrgftl�M Local Flermit Officer (signature) Donna Turner own ot Atlantic Beach name P.O. Box 10 Atlantic Beach, N.C. 28512 address J Permittee (signature required if special conditions above apply to permit) FEB11 0 - 3 Z006 (G) Grading. excavation and landscaping wit���4}�oQ-� fi� x e ,7�h@ir (eq*d by a permitted shoreline stabilization project. Projects stidiFhb§ssfona[er runoff to adjacent estuarine and public trust waters: (H) Development over existing impervious surfaces, provided that the existing impervious surface is not increased and the applicant designs the project to comply with the intent of the rules to the maximum extent feasible, r Where application of the buffer requirement would preclude placement of a residential structure with a footprint of 1.200 square feet or less on lots, parcels and tracts platted prior to June 1, 1999. development may be permitted within the buffer as required in Subparagraph (dx 10) ofthis Rule, providing the following criteria are met: Development shall minimize the impacts to the buffer and reduce runoffby limiting land disturbance to only so much as is necessary to construct and provide access to the residence and to allow installation or connection of utilities such as water and sewer; and The residential structure development shall be located a distance landward ofthe normal high water or normal water level equal to 20 percent of the greatest depth of the lot. Existing structures that encroach into the applicable buffer area m y be replaced or repaired consistent with the criteria set out in Rules .0201 and .0211 in Subchapter 07J of this Chapter: and (J) Where application of the buffer requirement set out in 15A NCAC 07H .0209(dx 10) would preclude placement of a residential structure on an undeveloped lot platted prior to June 1. 1999 that are 5.000 square feet or less that does not require an on -site septic system. or on an undeveloped lot that is 7.500 square feet or less that requires an on -site septic system. development may be permitted within the buffer if all the following criteria are met: (i) The lot on which the proposed residential structure is to be located, is located between: (1) Two existing waterfront residential structures: both of which are within 100 feet of the center of the lot and at least one of which encroaches into the buffer, or (1I) An existing waterfront residential structure that encroaches into the buffer and a road, canal. or other ppen body of water, both of which are within 100 feet of the penterof the lot: (ii) Development of the lot shall minimize the impacts to the buffer and reduce runoff by limiting land disturbance to only so much as is necessary to construct and provide access to the residence and to allow installation or connection of utilities: (iii) Placement of the residential structure and pervious decking may be aligned no further into the buffer than the existing residential structures and existing pervious decking on adjoining lots: (iv) The first one and one-half inches of rainfall from all impervious surfaces on the lot shall be collected and contained on -site in accordance with the design standards for stormwater management for coastal counties as specified in 15A NCAC 02H .1005. The stormwater management system shall be designed by an individual w-ho meets applicable State occupational licensing requirements for the type of system proposed and approved during the permit application process. If the residential structure encroaches into the buffer, then no other impervious surfaces will be allowed within the buffer: and (v) The lots must not be adjacent to waters designated as approved or conditionally approved shellfish eaters by the Shellfish Sanitation Section of the Division of Environmental Health of the Department of Environment and Natural Resources. (e) The buffer requirements in Paragraph.(d) of this Rule shall not apply to Coastal Shorelines where the Environmental Management Commission (EMC) has adopted rules that contain buffer standards. or to Coastal'Shorelines where the EMC adopts such rules, upon the effective date of those rules. (f) Specific Use Standards for. Outstanding- Resource Waters (ORW) Coastal Shorelines. (1) 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 cater quality and outstanding resource values of the ORW, and shall: (A) have no stormwater collection system: (B) provide a buffer zone of at least 30 feet from the normal high water line or normal water line; (C) otherwise be consistent with the use standards set out in Paragraph (d) of this Rule. 17 ' eve �e nfi`6s -abase d C� ? sAt S44, CP- P back `ix .ln:l�ti- a3a Site co U< M OR LIGHT •K U rvRT MACON RpgD I VICINITY ff-4p NOT TO SCALE I S.M.N. IN BULKHEAD I 4 3 0.90' ON PROPERTY LINE EXTENSION SERVIg 101.50' STORAGE N 81'30'00 E n _ BLDG. �— S.M.N. o } OLD ' CF1 SEP-"C �Er ASP 30' e� DRIVE, ' m M 27.9' I , o ,o Co 9tau. 0 9.4' N O , CV • ^ rV h' o fI'O�Str � O �o n' N P2oQo5E� I 6.0 4, 4, DECK a S.I.P. P.P. r °- / g p E1-�1E 04 6.0 fS •47' N DpCK C.� CE co OLE ! N 77 48,00..W S.M.N. IN BULKHEAD C ) ,4 5 0.23' ON PROPERTY WOOD & VINYL LINE EXTENSION BULKHEAD C.A.M.A. 30% CALCULATIONS 4 AREA WITHIN THE 75' A.E.C. I 3.617.0 S.F. FEB 3 'Z006 3617.0 S.F.x 30%(.30)= 1:085.1 S.F. Morelicad CItr 0 ) LEGEND E.I.P. EXISTING IRON . PIPE S.I.S. SET IRON STAKE R/W RIGHT OF WAY M.B.SL. MINIMUM BUILDING SETBACK LINE M.B. MAP BOOK - PG. PAGE S.F. SQUARE FEET LCENTERLINE C.M. EXISTING CONCRETE MONUMENT E.I.S. EXISTING IRON STAKE E.M.N. EXISTING MAG NAIL S.M.N. SET MAC NAIL hereby certify that this prepared according to t Practice for Land Surui Carolinas, and that (thm line encroachments eitf North IS NOT FOR NXr"r 1 ' •' III/I/O sl Land Surveyor License No. DATE 1 AUGUST 3, 2005 : 47 DRAW Br JAO NOTES 1.) RRpp 7� AREA =4,221.0 S.F. (BY CCSMPLTION) 2.) CLOSURE = 1:10, 000t 3.) REFERENCE : M.S. 7 PO.43 4.) P.I.N.6375.12-97-5255 5.) FLOOD ZONE.ZONE AE (EL7) PER F.I.R.M 3720637500J, JULY 16, 2 03. 6.) FINAL MAP RECORDED :JULY 10, 1968. 7.) THIS PROPERTY IS SUBJECT 70 ALL EASEMENT.S, AGREEMENTS, AND RIGHTS OF WAY OF RECORD PRIOR TO THE DATE 8.) OF THIS PLAT. ADDRESS: 214 SMITH ST. 2E�t.lfossE Il-3o�oS SURVEY FOR Polly Fox Ledergerber and Donald R. Callahan LOT 44, BLOCK A, BEACH MOBILE HOME COURT CARTERET IATLANTIC BEACH, NCI MOREHEAD scats, II REV. HOUSE 10-17-05 PROJscT NO. 1'=20' AUGUST 18. 2005 2004203 Land Surveying, P.A. 501 W. B. McLean Blvd. — Cape Carteret Swansboro, North Carolina 28584 Apt%5 06 08: 31 a Inspection Dept. 727-7043 P. i FAX TOWN OF ATLANTIC BEACH 125 WEST FORT MACON ROAD ATLANTIC BEACH, NORTH CAROLINA IN$7EGTION$ 6r41-ANNING bCPAjZ'iMEN� Yo: Ted w n dal I FIl�M: C,ArnQ. FAX *: cAO — 333D DAYS: 4/51o6 FF-OM: V- Pet t le• 6er&ij Rf MARKS: C214 cJ" rr 14h NuMOeF- OF ?AC„ES (including this sheet): OWAINAL TO FOLLOW SY MAIL: YE$ Y NO The information contained in ibis facsimile is privile9c4 and confidential information intended only for the use of the Individual or entity named above. If iho reader of ibis messags is not the iaicnded recipient, you are bertby notifed Thai al discussion, distribution or copy of this communication is strictly prohibited, if you have rtatved this communication in error, pleas vilify us immediately. POST OFFICE BOX 10 • ATLANTIC BEACH, NORTH CAROLINA 28512 • (252) 7204456 • FAX (252) 727-7043 Hpr•05 06 08:32a Inspection Dept. 727-7043 State of North Carolina county of Carteret AGREEMENT This Agreement between Donald R. Callahan and Polly Fox Ledergerber of 816 Golfhouse Road W., Stoney Creek, NC, and Michael and Pam Webb of 212 Smith Street, Atlantic Beach, NC, agree as follows. Whereas Donald R. Callahan and Polly Fox Ledergerber are owners of Lot Number 44, Beach Mobile Estates Subdivision, 214 Smith Street, Atlantic Beach, NC 20512 and Plan to construct a single family home on this lot. Michael and Pam Webb agree to allow Donald R. Callahan and Polly Fox Ledergerber to place the house 2 feet inside the thirty foot CAMA buffer line which will leave a distance to the bulkhead of 28 feet. Donald R. Callahan and Polly Fox Ledergerber agree not to extend the body of the house beyond 2 feet and to leave a distance of 28 feet from the bulkhead to the body of'the house. Both parties understand that an open deck of uip to 200 square feet, allowed by CANA, will -extend inside the remaining 28-foot buffer. This agreement shall become effective when signed by all parties. DONALD R. CALLAIM DATE -.MAX* PO Y FOX LE ERB �j T 07 MICHAEL WEBB DATE. 4�AMWEBB DAT /717G' Gr /,�,y. G / '?���e ��� L . �/e'/1'1'r� rl �n� & A-P, W; �/ dD % p.2 r--.-.---- ---- -- --- --- - - .-_- �_ i TOWN OF ATLANTIC BEACH P.O. BOX 10 ATLANTIC BEACH, NC 28512 FORWARDING & ADDRESS CORRECTION REQUESTED INSPECTIONS DEPT. 02 1A ®0.� 0004313898 MAR31 2006 MAILED FROM ZIPCODE 2851 2 Division of Coastal Management 400 Commerce Ave. Morehead City, N.C. 28557 t rat �.t;—B--4 1 I£.ldl£ l: 1£ :i£i.....f ' £ --- MODIFICATIONPermitLocal Government Permit Number CAMA MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina, Department of Environment, Health, and Natural Resources and the Coastal Resources Commission for development in an area of environmental concern pursuant to Section 113A-118 of the Polly, General Statutes, "Coastal Area Management.' Donald Callahan & Lederberper Atlantic Beach Issued to .authorizing development in Estuarine Shoreline at 214 Smith St. Carteret County as requested in the permittee's application, dated 11/03/05 This permit, issued on 11/10/05 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 is a modification of the existing permit authorizing the construction of a single family dwelling located at 214 Smith St. to allow for an 18' buffer landward of the normal high water mark instead of the normal 30'. Any other development will require additional permits or a modification of this permit. The following conditions shall apply: All proposed development and associated construction must be done in accordance with the permitted workplat drawing as submitted, stamped and received on August 31, 2005. The 18' buffer located landward of the normal high watermark is allowed by 15A NCAC 07H .0209 (d)(10)(I)(i)(ii). This allows the applicant to move the house up to 18' landward of the bulkhead as much as is necessary to construct and provide access to the residence and to allow installation of the septic system. The amount of impervious surface area shall not exceed 30% of the lot area within 75' of the normal high water mark, which defines the Coastal Shoreline AEC at this location. In this case, 1,050 sq. ft. of impervious surface is authorized. All construction must conform to the N.C. Building Code requirements and all other Local, State and Federal regulations. Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. In order to prevent sedimentation, a vegetated buffer zone must be maintained between all disturbed areas and the adjacent water body or marsh. Prior to initiating any land -disturbing activities, a barrier line of filter cloth, staked hay bales or burlap 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 vegetated cover. ci rNa third rtv is permit a�ci 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 per- mit 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 modifications not covered under this permit requires further written permit approval. All work must cease when this permit expires on December 31. 2008 - - 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. F,,,�VEP, Local Per it Officer (signature) Donna Turner *I:own ot Atlantic Beach• Box 10 Atlantic Beach, N.C. 28512 address i-45 r ' Permittee (signature required if special conditions above apply to permit) Atlantic, Beach Local Government 05-46 Permit Number _ _ M -- CAMA _ MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina, Department of Environment, Health, and Natu al Resources and the t;gastal Resources Commission for development id an area of environmental concern pursuant to Section 113A-118 of the - General Statutes, "Coastal Area Management." Issued to Donald Callahan/Polly LederberQerauthorizing development in Atlantic Beach Estuarine Shoreline at 214 Smith St. Carteret County as requested in the permittee's application, dated 8/31/05 This permit, issued on 9/12/05 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 is a permit authorizing the construction of a single family dwelling located 30' landward of the normal high water mark located at 214 Smith St. Any other development will require additional permits or a modification of this permit. The following conditions shall apply: All proposed development and associated construction must be done in accordance with the permitted workplat drawing as submitted, stamped and received on August 31, 2005. The 30' buffer noted on the workplat drawing must be measured from the normal high water mark to the overhang of the porch roof. The amount of impervious surface area shall not exceed 30% of the lot area within 75' of the normal high water mark, which defines the Coastal Shoreline AEC at this location. In this case, 1,050 sq. ft. of impervious surface is authorized. All construction must conform to the N.C. Building Code requirements and all other Local, State and Federal regulations. Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. In order to prevent sedimentation, a vegetated buffer zone must be maintained between all disturbed areas and the adjacent water body or marsh. Prior to initiating any land -disturbing activities, a barrier line of filter cloth, staked hay bales or burlap 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 vegetated cover. Pursuant to 15 NCAC, 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 permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this per- mit 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 modifications not covered under this permit requires further written permit approval. All wnIS,r�uUttSSst cease when this permit expires on December . 31. - 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. Local ermit Officer (signature) Donna Turner Town ot AtEa—ntic Beach name P.O. Box 10 Atlantic Beach, N.C. 28512 address Permittee (signature required if special conditions above apply to permit) GENERAL INFORMATION LAND OWNER Name Permit Numbeu �5' l Brie `Public,TrusrShorelirie Other `'` useonly) , 'IT- CfEIVED AUG 3 12005 .1eje -4_.a (------------- zz Address 94 G 0 I City t A! e!g o State e_ Zip gM717ph 0 / 2 AUTHORIZED AGENT 1l W • 9 � W21 L-W, 01011, iEM71W1 iL�l1 I LOCATION OF PROJECT: (Address, street name and/or directions to site. If not oceanfront, what is the name of the adjacent waterbody?) c i 4E S,4� A61- *4, 91,E-4 no', 4 A IN, DESCRIPTION OF PRgJECT:�(List all proposed construction and land disturbance.) SIZE OF LOT/PARCEL: 44. % !o„jsquare feet PROPOSED USE: Residential (Single-family Multi -family Other acres _) Commerical/Industrial TOTAL ENCLOSED FLOOR AREA OF A BUILDING IN THE OCEAN HAZARD AREA OF ENVI- RONMENTAL CONCERN (AEC): Z O square feet (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): _ sq. fL (Calculations include 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.) Choose the AEC area that applies to your property- (1) within 75 feet of Normal High Water for the Estuarine Shoreline AEC (2) within 575 feet of Normal High Water for the Estuarine Shoreline AEC, adjacent to Outstanding Resource Waters \� (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 N.C. Division of Water Quality? YES NO_x If yes, list the total built -upon area/impervious surface allowed for your lot or parcel. square feet. TOWN OF ATLANTIC BEACH INSPECTION & PLANNING DEPARTMENT 125 West Fort Macon Road Atlantic Beach, NC 28512 September 2, 2005 Donald R. Callahan Polly Lederberger 816 Golf House Rd. W. Whitsett, N.C. 27377 Dear Mr. Callahan & Ms. Lederberger, The N.C. Division of Coastal Management hereby acknowledges receipt of your application for State approval for minor development of your property located at 214 Smith St. in Atlantic Beach in Carteret County. It was received complete on August 31, 2005 and appears to be adequate for processing at this time. The deadline for making a permit decision is September 25, 2005. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be notified. Please contact me if you have any questions. Sincerely, S�)M�-T-WLKO/KLA-7f Donna Turner CAMA Local Permit Officer Town of Atlantic Beach enclosure xc: Mark Hardeman, DCM Field Representative T. L. Stroud, Authorized Agent POST OFFICE BOX 10 - ATLANTIC BEACH, NORTH CAROLINA 28512 - (252) 726-4456 - FAX (252) 727-7043 TOWN OF ATLANTIC BEACH INSPECTION & PLANNING DEPARTMENT 125 West Fort Macon Road Atlantic Beach, NC 28512 NOTICE OF FILING AN APPLICATION FOR CAMA MINOR DEVELOPMENT PERMIT Pursuant to NCGS 113A-119(b), the Town of Atlantic Beach, a locality authorized to issue CAMA Permits in areas of environmental concern, hereby gives notice that on August 31, 2005 Donald Callahan & Polly Ledergerger applied for a CAMA Permit to construct a single family dwelling located at 214 Smith St. in Atlantic Beach, NC. The application may be inspected at the address below. Public comments received by September 12, 2005 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. Donna Turner LOCAL CAMA PERMIT OFFICER FOR THE TOWN OF ATLANTIC BEACH 125 W. Fort Macon Rd. P.O. Box 10 Atlantic Beach, NC 28512 2521726-4456 PLEASE PUBLISH ON: Friday, September 2, 2005 POST OFFICE BOX 10 • ATLANTIC BEACH, NORTH CAROLINA 28512 • (252) 726-4456 • FAX (252) 727-7043 Y101AYTY A64P ACT mSrALE 1 f.� 3�II 7.4 .. x 30X( 30)a AUG 3 12005 SAM. W M.igtLM LEGEND NOTES s�iPiF RIS//T tlf S' , Ma m � Af4rDCMa '�7mCK Me MW-�'J?3fl i'1�97"a M PAWi SA SDtf fiETOBW 7�y _ ' RMPER FIRM E RM &- �pgmr tJUL tQ 198$ r �t4�RCr lD ALL Fl �, r �C A KIL II.j 114 SNMM S[ im Dcnc*- Ft. Callahan BLOCK A. ARM P PA. Melanie Ar hh�� �' SMkRET CGUNTY�0'0_ !P COPYGR Diaitie�05/13/2005 Time �*xQs�0� �a0 F'asF''� NoFlTFt CUOL94A. CARrERET 4�t$i �a S r ` ' TM b"ge4 cerftsews) of Notary PubNe{q}* fF csrtMed tp be ocrroaf. Tfus j�*9ra ertd t ` cats am duly mgW t and el the date and time an t CARTERET COUNTY tM Sock and page shown on the rust p4,241 WOO'22253 aeI la /a m DES �i7JD0 N . "� Rral"EalaboeY Exelee Top 1p t4rp �tw•r. { 1 WARRPI►NI-Y DEED PPMAM BY: BEBWICK,: (;OENM & $=Pi1$TSON, P.A., 911 ARTNA&Li. Sin t=, MORBAEAD GrTY, NC 2ESS7 RETURN TO: BBSWICK, GOINES & STZPFt$NSCV, P.A.. 911 ARIMEU STREET, MORZEMAD CITY, NC 28ss9 STATE OF NORTH CAROLINA Excise Tax:$ g00.00 COUNTY OF CARTERET Parcel # 0315. . �a -611, 5;),5-5 THIS WARRANTY DEED made and entered into this, day of May, 2005 by and between: GROOVED AUG 3 12005 WIGGIlvS LUMBER. LLC (GRANTOR) and 22? y. .' 2.7217 (GRANTED,) The designation GRANTOR and GRANTEE as used herein shall inolude 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 $clmowledged, has and by these presents does grant, bargain, sell and convey unto the GRANTEE in fee simple, all that contain lot, tract or parcel of land situated in MOREBBAD TOWNSHIP, Carteret County, North Carolina and more particularly described as follows: 7 . I I I AA. A.1 R[ nv III 1 0%0 __ ' I1, SCP 6 2005Q lac � (�i� In the Town of Atlantic Beach -and being all of Lot Number Forty -Four (44), Block'"A"; aa,�A �]�;� shown and designated in the map of "Beach Mobile Rome Court" which said map was made June 13,1968, by C.- C. king and is duly recorded in the Ofilce of the Register of Deeds of Carteret County In Map Book 7, page 43. $BANG the same property conveyed to Grantors as recorded in Book 1019, at Page of the Carteret County Registry. The above -described property is conveyed and accepted subject to such easemants, restrictions and tights of way as appear of record in the Carteret County Registry, TO HAVE AND TO HOLD the aforesaid lot, tract 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 scized of the premises in fee simple, has the aright 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 person whomsoever excluding the exceptions stated herein and designated on the map referred to above. IN WITNESS WHEREOF, the GRANTOR Yeas hereunto set its hand and seal, the day and year first above written. , STATE OF NORTH CAROLLVA COjJi~PI'Y OF I, L I G(,11��� , a Notary Public of the above county and state, do hereby cert' that KBNNETH A. WIGGINS, manager of WIGGINS L MBER, LLC, Limited Liability Company, personally appeared before me this day and acknowledged the due execution of the foregoing Insftv=t on behalf of said company. ATIVESS my hand and official seal this the l�day of H —aa= 2005. ..Niq�tq►t11�.. "MOTARY PUBLIC A" MY co ssion Expires; p�9�tC,ty? PAGE.: l �3 OTHER PEkMITS MAY BE REQUIRED: The activity you are planning may require permits other than the-CAMA minor r� development permit. As a service we have compiled a list 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,sanitarywaste "' r treatment system), Burning, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Cons+ 1iion'FIA Certification, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway, Connection, and others. 5 E P z 005 O z STATEMENT OF OWNERSHIP: %r`iOrdlc-ad Chy DUN 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 development permit, certify that the person listed as landowner on this application has a significant interest in the real property described therein. T is in rest can be described as: (check one) an owner or record Titl is veste in & r,/ 1 ;LA � �' see Deed Book page ---.an the 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 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. (1) (2) (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 may be susceptible to erosion and/or flooding. I acknowledge that the local permit officer has explained to me the particular hazard problems associ- ated with this lot. This explanation was accompanied by recommendations concerning stabilization and floodproofing tech- niques. 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 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. This the ZZday of 0 Landowner or person authorized to act a his agent for purpose of fi tng a permit application. r O Atlantic Beach Local Government \\I/ NOV 212005 Morehead City EOM CAMA MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina, Department of Environment, Health, and Natural Resources and the Coastal Resources Commission for development in an area of environmental concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management." 05-46 Permit Number Issued to Donald Callahan/Polly Lederberperauthorizing development in Atlantic Beach Estuarine Shoreline at 214 Smith St. Carteret County as requested in the permittee's application, dated 8/31/05 This permit, issued on 9/12/05 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 is a permit authorizing the construction of a single family dwelling located 30' landward of the normal high water mark located at 214 Smith. St. Any other development will require additional permits or a modification of this permit. The following conditions shall apply: All proposed development and associated construction must be done in accordance with the permitted workplat drawing as submitted, stamped and received on August 31, 2005. The 30' buffer noted on the workplat drawing must be measured from the normal high water mark to the overhang of the porch roof. The amount of impervious surface area shall not exceed 30% of the lot area within 75' of the normal high water mark, which defines the Coastal Shoreline AEC at this location. In this case, 1,050 sq. ft. of impervious surface is authorized. All construction must conform to the N.C. Building Code requirements and all other Local, State and Federal regulations. Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. In order to prevent sedimentation, a vegetated buffer zone must be maintained between all disturbed areas and the adjacent water body or marsh. Prior to initiating any land -disturbing activities, a barrier line of filter cloth, staked hay bales or burlap 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 vegetated cover. Pursuant to 15 NCAC, 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 permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this per- mit 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 modifications not covered under this permit requires further written permit approval. All wo rust cease when this permit expires on December 31, UUUUttff 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. Local Permit Officer (signature) Donna Turner Town ot Atlantic Beach name P.O. Box 10 Atlantic Beach, N.C. 28512 address Permittee (signature required if special conditions above apply to permit) i STROUD, INC. ®COMMERCIAL REAL ESTATE INSURANCE RMMR "j-0 e'l-k4 A- //, :4 -3-- © S- 217 U.S. HWY. 70 W. HAVELOCK, NORTH CAROLINA 28532 PHONE: (252) 447-8130 FAX: (252) 726-2077 P"j 0411e4ilu ..............L'111311jll {fie. /7Pr/Y pl!salvEn V 2 12005 Morehead City DCM PLEASE PRINTCLEARLY OR TYPE. S fib l li ( )I' Nt )R I'l I l'1/11'OLINA (uxu nanu:) I'i:111 ONI'l( ) ! � 1 1 Cc a�,l o�v�u l bT Pa/lt. & Y 4 g A-- �OQ /d �_- It1:SPONi) :NT. t CS//yhvh) ('l lie State a_eno or board about %%fiich you are complaining) ) IN till i'% � 11)\iiNiti l iZ,11 1� 1 i PETITION FOR A CONTESTED CASE NEARING ( Ilerebv ask li,r a coixested c se hearing as providc;i litr b\ I-50H-213, because the . Respondent has: (BrictIv state ►acts sl1mvin- hots wit bellieve you have been harmed b: the State agency Or board. ) Z lvfls /n,-Sii► //,+e� `!J 1' •GkI�(/�/ On BOGQ�i0/! O tC 7�%'e �ious�• a4 ivleh ^..e u/,4�e boy se . wok/� 4 vas.-aia.t.L Iles /ti 4-he /vase, r10klCr/ 9'. e-/oS4,1— /c 44, b,,lk7'lLe Aoasir f/w�/�/ ti /ht.,G',/.t &� w,'// ohs ��w�� .1,y �2QNSQ (If III))-: space is needed. attach additio tai pa,es. ) � �(�y l,dae �o rJv i s !r 4- A4 ho a sC h a,`�c o •^ hug/p� q --17 Iles hoc, s (4 ) Because OI'thcse lads. thC State ❑gene% or hoard has: (check at least one Irons each colurnn) -�- ._I,.--'dcprived me of property: _ scccdcd its authorit.\ of ;urisdictiou: _ —Ordered the U) pav it tine or civil penalty. Or _—acted cri<nieoush _ _ other��ise ;ubsteuniidh Prciudiced my rig(tlS. AND _ failed to Ilse proper procedure. acted arbitrarily Or capricioush. or ___ __-tailed to aG its ru.luired b\ liM or Iule. 0 I Date: 31171a/ (n) Your phone number: 1,252 a 222 - y6S y VV (5Y ' 2- 90y- (%i I'rnit \OIlr Ittil iddres.: (;Irecl adds, (Xi Print %our name: I I /qn,�;c �rilccr+� ,f/C Z Sjs/Z - i.`)) Your sigrlaturc: You must mail or deliver a COPY of this Petition to the State a"u,c), or board hauled on line t I of this lurni. Yoit should contact the aL-enc\ or board to determine the flame of the person to be served CERTIFICATE OF SERVICE i ccrtih that this Petition has Ix al served On the stilteilocllt:v or hoard named helO\A bA depositiu_ a rop% of it Mill ' �4 �i(� ✓GG/ Y'� G� �. �/' �'"�y `�'v� GI S /� /�i��' �10'�l � �D �oi.-� �/ �rvvY/. ��OG� i'►G� dic' !C/. / 'Z�Iyi'r o/7 a u� 1 40 �- ✓ q 4�-Ge /� S e �v� h 7,9 !'�ii� � 4 Ste• o .n. �¢r ����. on f ��if CCfnG/ I—cf /� . �14C- ADS i pd�T4�7� Cl �SO J2'Ofec;u7L�S v� �uC�. the united State, Postal Scr\ice \\ilh suflicicnl postage allied OR h\ dcli�crin,-� it to the ItaulCll tLC1lC% or hual�l� i �.._....-.. fn:un� ��rp�rsnn •.n:d! 1L/G :7`��r� (tit;u..c:��n:\ i h.,t' , . Baal ant lute ;} �.I L100 (1 ") lltt lltc 1 7 da\ of 1,9-4,G (1.1) e'`'" ( \'ollr siu-11,11 tire) whell you have col tplCIC(l this litrnl, \'ott MUST mail or deliver Ilse ORIGINAL. AND ONE COPY to (lie (Mice of ldntinistralivc I Icarin,,s. ()714Mail Sera ice Center. Ralcioh. NC27699-671-1. INSTRUCTIONS FOR FORM H-06 "PETITION FOR A CONTESTED CASE" AND"CERTIFICATE Oh SERVICE" PLEASE PRINT CLEARLY OR TYPE FILL, IN BLANKS: Fill in your county of residence (1), print your name on line (2). and the name of the agency or board about which _you are complaining on line (3). Be sure to briefly state the facts about your case. Check all of the items that apply in section (4). Enter the date on line (5), your telephone number on line (6), your address on line (7), print your name on line (S),-and sign your name on line (9). CERTIFiCATE OF SERVICE: You must mail or deliver a copy of your completed petition to the agency or board named on line (3) and complete the "certificate of service" section on your petition, entering, the name of the person to whom you mailed or delivered the petition on line (10). You should contact the agency or board to determine the name of the person to be served. (Tint the name of the state agency involved on line (1 l ), the address of the agency or board on line. ( 12), the date on line ( 13), and sign your name on line (14). FILING YOUR PETITION WITH THE: OFFICE OF ADMINISTRATIVE HEARINGS: Your contested case will commence as soon as you file your c0111pleted original petition, along with a cow!, properly signed, with the Office of Administrative Hearings. Below are the mailing and physical addresses: Office of Administrative Ifearinhs 6714 Mail Service Centel - Raleigh, NC 27699-6714 Q Office of Administrative Hear�«s 424 North Blount St. Raleil;h. NC 27601-2817 M' lfyou mail this form. the case commences when it is received and filed in this office You play file sour petition by flax durill ! normal business hours bv faxing, the petition to the Clerk's Office at (919) 7-3-3478. YOU nlily file your petltlon by electronic mall by an attached file either in PDE.format or a document that is compatible with- or convertible to the most recent version of Nord for Windows by sending the electronic transmission to oah.clerks@ncmail.net. [electronic mail without attached file shall not constitute a valid filing. OAH must receive the original signed document and one copy within seven business days followim, the fax or electronic transmission fi_-)r the petition to be deemed "tiled" on the fax or electronic transmission date.