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HomeMy WebLinkAbout282-05_Gaulden, Gary L_20050505 ' Carteret Countv COPY Local Government CAMA 282-05 Permit Number 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 Statues, "Coastal Area Management" Issued to Archie D. Davis. Ir agent for Gary L. Gaulden President Statewide Exchange Corn authorizing development in Estuarine Shoreline ORW at 1048 Island Road, Harkers Island N C as requested in the permittee's application, dated April 21, 2005. This permit, issued on May 5. 2005 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 with detached garage at 1048 Island Road, 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 shall not exceed 25% of the lot area within the 575' area of environmental concern (ORW). (3) A 30' buffer zone must be placed between all impervious areas and surface waters (wetlands). (4) All proposed development and associated construction must be done in accordance with the permitted work plat drawings(s) dated received April 21, 2005. i (5) 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. (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 permittee 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, 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. O'D /?" a Ae Local Permit Official (sign t e) J. D. O'Neal CAMA Local Permit Official Date Permittee (signature required if conditions above apply to permit) NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross Jr., Secretary May 12, 2005 Ms. Libby Pitman 117 Sam East Lane Harker's Island, NC 28531 Dear Ms. Taylor: This correspondence is in reference to your objection to the Minor Development Permit issued for residential construction to Mr. Archie Davis, Jr., agent for Mr. Gary Gaulden, located at 1048 Island Road, Harker's Island, Carteret County, North Carolina. The applicants proposed to construct a single-family residence with associated amenities. Your objection appears to be centered around the fill associated with the development, and the potential for stormwater to be re -directed to your property. With regard to your concern, I regret to inform you the NC Division of Coastal Management does not regulate stormwater. This issue is addressed by the NC Division of Water Quality through their Stormwater Section. It is unfortunate that the Stormwater riles do not come into effect unless a regulated activity requires a CAMA Major Development Permit, or the development requires ground disturbance in excess of one acre, neither of which is true for this development. Thus, the issue of stormwater deflection between properties becomes a civil one. I have reviewed the requested development in association with 15A NCAC 07H .0209 which governs development of this type and have found the proposal to be consistent with the pertinent rules of the Coastal Resources Commission. Therefore, the Carteret County Inspections Department, acting as the Local Permitting Authority on behalf of the DCM issued CAMA Minor Permit #282-05 to Archie Davis, Jr. and Gary Gaulden on Nlay 05, 2005. to expire on December 31, 2008. If you wish to appeal this permit decision, you must file a Third Part' 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 me and I can forward you the pertinent forms. And if you have any questions about this matter, please don't hesitate to contact me at (252-808-2808). Sincerely, Tere Barrett District Manager, MHC DCM cc: Ted Tyndall, Assistant Director, DCM Mark Hardeman, DCM Field Representative J.D. O'Neal, LPO, Carteret County 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net An Fniml Onnnrhinity 1 Affirmativa Artinn FmnlnVaf _ 9;n1/. Rarvrlart 11t1a/ Pnct r:nncumar Panar A ;V NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary Mr. and Mrs. Harold and Elizabeth Lawrence May 12, 2005 120 Honeysuckle Lane Harker's Island, NC 28531 Dear Ms. Taylor: This correspondence is in reference to your objection to the Minor Development Permit issued for residential construction to Mr. Archie Davis, Jr., agent for Mr. Gary Gaulden, located at 1048 Island Road, Harker's Island, Carteret County, North. Carolina. The applicants proposed to construct a single-family residence with associated amenities. Your objection appears to be centered around the fill associated with the development, and the potential for stormwater to be re -directed to your property. With regard to your concern, I regret to inform you the NC Division of Coastal Management does not regulate stormwater. This issue is addressed by the NC Division of Water Quality through their Stormwater Section. It is unfortunate that the Stormwater rules do not come into effect unless a regulated activity requires a CAMA Major Development Permit, or the development requires ground disturbance in excess of one acre, neither of which is true for this development. Thus, the issue of stormwater deflection between properties becomes a civil one. I have reviewed the requested development in association with 15A NCAC 07H .0209 which governs development of this type and have found the proposal to be consistent with the pertinent rules of the Coastal Resources Commission. Therefore, the Carteret County Inspections Department, acting as the Local Permitting Authority on behalf of the DCM issued CAMA Minor Permit #282-05 to Archie Davis, Jr. and Gary Gaulden on May 05, 2005, to expire on December 31, 2008. 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 me and I can forward you the pertinent forms. And if you have any questions about this matter, please don't hesitate to contact me at (252-808-2808). Sincerely, Tere arrett District Manager, MHC DCM cc: Ted Tyndall, Assistant Director, DCM Mark Hardeman, DCM Field Representative J.D. O'Neal, LPO, Carteret County 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net A, �._ NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., secretary May 12, 2005 Mrs. Alma Guthrie 1105 Island Road Harker's Island, NC Dear Mrs. Guthrie: 28531 This correspondence is in reference to your objection to the Minor Development Permit issued for residential construction to Mr. Archie Davis, Jr., agent for Mr. Gary Gaulden, located at 1048 Island Road, Harker's Island, Carteret County, North Carolina, The applicants proposed to construct a single-family residence with associated amenities. Your objection appears to be centered around the fill associated with the development, and the potential for stormwater to be re -directed to your property. With regard to your concern, I regret to inform you the NC Division of Coastal Management does not regulate stormwater. This issue is addressed by the NC Division of Water Quality through their Stormwater Section. It is unfortunate that the Stormwater rules do not come into effect unless a regulated activity requires a CAMA Major Development Permit, or the development requires ground disturbance in excess of one acre, neither of which is true for this development. Thus, the issue of stormwater deflection between properties becomes a civil one. I have reviewed the requested development in association with 15A NCAC 07H .0209 which governs development of this type and have found the proposal to be consistent with the pertinent rules of the Coastal Resources Commission. Therefore, the Carteret County Inspections Department, acting as the Local Permitting Authority on behalf of the DCM issued CAMA Minor Permit #282-05 to Archie Davis, Jr. and Gary Gaulden on May 05, 2005, to expire on December 31, 2008. 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 me and I can forward you the pertinent forms. And if you have any questions about this matter, please don't hesitate to contact me at (252-808-2808). Sincerely, 6 Tere Barrett District Manager, MHC DCM cc: Ted Tyndall, Assistant Director, DCM Mark Hardeman, DCM Field Representative J.D. O'Neal, LPO, Carteret County 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary May 12, 2005 Ms. Patty Taylor 109 Sam East Lane Harker's Island, NC 28531 Dear Ms. Taylor: This correspondence is in reference to your objection to the Minor Development Permit issued for residential construction to Mr. Archie Davis, Jr., agent for Mr. Gary Gaulden, located at 1048 Island Road, Harker's Island, Carteret County, North Carolina. The applicants proposed to construct a single-family residence with associated amenities. Your objection appears to be centered around the fill associated with the development, and the potential for stormwater to be re -directed to your property. With regard to your concern, I regret to inform you the NC Division of Coastal Management does not regulate stormwater. This issue is addressed by the NC Division of Water Quality through their Stormwater Section. It is unfortunate that the Stormwater rules do not come into effect unless a regulated activity requires a CAMA Major Development Permit, or the development requires around disturbance in excess of one acre, neither of which is true for this development. Thus, the issue of stormwater deflection between properties becomes a civil one. I have reviewed the requested development in association with 15A NCAC 07H .0209 which governs development of this type and have found the proposal to be consistent with the pertinent rules of the Coastal Resources Commission. Therefore, the Carteret County Inspections Department, acting as the Local Permitting Authority on behalf of the DCM issued CAMA Minor Permit #282-05 to Archie Davis, Jr. and Gary Gaulden on May 05, 2005. to expire on December 31, 2008. 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 cope must also be sent to the Attorney General's Office, Environmental Division. If you wish to appeal, please contact me and I can forward you the pertinent forms. And if you have any questions about this matter, please don't hesitate to contact me at (252-808-2808). Sincerely, �4­ Tere Barrett District Manager, NIHC DCM cc: Ted Tyndall, Assistant Director, DCM Mark Hardeman, DCM Field Representative J.D. O'Neal, LPO, Carteret County 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net Locality ,/�/� �OtL�� l�T-41%1,14 .,�ermit Number Pli Pe. Ocean Hazard Estuarine Shoreline ORW Shoreline Public Trust Shoreline Other re( (For official use only) pI GENERAL INFORMATION LAND OWNER l �_ OCT 91 7008 Name f�R`r L.. ����CAV. �s. 4AI*CA?AE Exs; F aR4- Address oZOoZ Co i ):Z "" V O d P1E City cbeyei State NC Zip A-151�1 Phone AUTHORIZED AGENT If Name Address 50E MSIRNA City 01J rA•Phone LOCATION OF PROJECT: (Address, streetname and/or directions to site. If not oceanfront, what is the name of If, the adjacent waterbody?) 10448 X5ifk� RA RNWi N Rn '(� , NC DESCRIPTIONDI PROJECT.proposed • • • land disturbance.) gi 1 6ff�o ekss ! ■IL ■ • s 1 t C :•.� 11 J r �i N( SIZE OF LOT/PARCEL: 50.gga square feet 1.18 acres PROPOSED USE: Residential (Single-family Multi -family ) Commerical/Industrial Other TOTAL ENCLOSED FLOOR AREA OF A BUILDING IN THE OCEAN HAZARD AREA OF ENVI- Ha RONMENTAL CONCERN (AEC): 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): agoo sq. ft. (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—)( 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 planning may require permits other than the CAMA minor 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 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 ParkApproval, Highway, Connection, and others. 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 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 54 EX-5 � U 4 % COS see Deed Book 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. 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. (Name) (Address) 0 (2) 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. At A* This the jS#ngay of P*�t , 20 Qa Landowner or person authorized to act as his agent for purpose of filing a CAMA permit application. l�H1YlA Yt�UJECT TR�,CKING SHEET°�� Applicant's Name: Property Address: % Dates of Site Visits: Exemption: Permit: ER Number: -p Application to be returned for the following reasons: k.0 li r Te t. b p 44tS Lt, LA)*-r4rk.W. H,w lt• ' N o S "w I4 S �/� l �• c G4 k. rt.t� So �JLc 7'o Ge Ktv Date Returned: Application considered accurate and complete for processing?_ Date: The following. site-specift observations have been made: 0 The following conditions to be included on the permit (in addition to standard conditions Date:s— Dates _ of follow-up visits: Final Inspection 211"r-Ciect determined to be in compliance with permit EDProject determined to be out of compliance with permit Action taken to bring project into compliance with CAMA: — LP y Date: — Katrina F. Marshall, AICP Director CARTERET COUNTY DEPARTMENT OF PLANNING & DEVELOPMENT Main Office: Courthouse Square Beaufort, NC 28516-1898 Tel: (252) 728-8497 (252) 728-8545 Fax: (252) 728-6643 PUBLIC NOTICE Western Office: 701 Cedar Point Blvd. Cedar Point, NC 28584-8013 Tel: (252) 393-3204 Fax: (252) 393-3205 Pursuant to NCGS 113A-119 (b), Carteret County, a locality authorized to issue CAMA permits in areas of environmental concern, hereby gives notice that on April 14, 2005, Archie Davis agent for Gary L. Caulden, Statewide Exchange Corporation, applied for a CAMA permit to construct a frame house at 1048 Island Road, Harkers Island, North Carolina, within 575' from the NEW of Back Sound in the ORW area of environmental concern The application may be inspected at the address below. Public comments received by May 4, 2005 will be 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. J. D. O'Neal CAMA Local Permit Officer Courthouse Square Beaufort, N.C. 28516 Please publish on April 27, 2005 and return Affidavit of Publication as soon as possible. Eck Cal i S� IN, MIJ,ie- Lf1 ! r- T C T 01 *oui 0CM uloz, RE C`; Fi V ED HARRY AND ELIZABETH LAWRENC,E Ro 1CG' h Nt2 7 rIi April 23, 2005 NC Division of Coastal Management Hestron Plaza II - 151-B Highway 24 Morehead City, NC 28557 To Whom It May Concern:, This letter is an objection to the CAMA permit pending for 1048 Island Road, Harkers Island, NC. The permit is being submitted by Archie Davis Construction on behalf of Gary and Laura Gaulden. We signed for the letter of notification on April 15 and are mailing this letter within the 10 day window. As an adjacent property owner, we completed construction in October, 2003 and developed our property within some understood CAMA. regulation. Specifically, our property was build in consideration of regulations that require any structures within 575 feet of the high water mark on OR waters should not be placed within 75 feet of the HWM. Based on recent history, it is not uncommon for properties without shoreline stabilization in place to lose 10 feet of shoreline. Given this history, we stabilized our shoreline prior to development. Our addresses and phone number are contained within this letter We would appreciate our objection of setback violation being addressed prior to CAMA issuance for a Minor Development permit. We are satisfied that the land adjacent to ours is being developed and wish to work with the current property owners to resolve these questions as quickly as possible. We would be happy to meet with the builder, homeowners, and/or CAMA at the subject property to better understand the site plan attached. Sincerely, d- Harry and Elizabeth Lawrence Homeowners of 120 Honeysuckle Lane, Harkers Island 6.6 f f. `'(,�''� C�� L�"� u/..i't—ems �"� . . ORRIN ov i j,�> .-ram/�i _ /�i� Lam✓ j I wf,,- "" Wil W. f P-', *_, i PIS �� �►-� � � aI I ,L _ ice/ �i � � /�!t/ i c C904,hou mom. <14 ��JVED ..4, ILI 14 ell- te) 1/�47 aJd-a-d Y,L,�,z, #,. j BY