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
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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,
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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
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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
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