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HomeMy WebLinkAbout07-01_Mark Hannula Construction Inc_2007022804-May-2007 05:02pm From -TOWN OF MOREHEAD r T-420 P.008/036 F-727 Town of Morehead Cit1[ Local Government 07.01 Permit Number LAMA MINOR DEVELOPMENT PERMIT as authorized by the State of Borth Carolina, Department of Environment, And Natural Resources and the Coastal Resources Commission for development in an area of environment concern pui=atlt to Section 7.13A-I2.8 of the General Statutes, "Coastal Area Management Issued to Mark Hannula Construction Inc., agent for Mary M. Betts, authorizing development in the Estuarine Shoreline (AEC) at 3201 Evans Street, in Morehead City, as requested in the permittee's application, dated 1/9107. This permit, issued on 2/28/07is 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 the construction of a 6' wide walkway within the Estuarine Shoreline AEC. (1) Al[ proposed development and associated construction must be done in accordance with the permitted work plat drawings(s) dated received on 1/9107, (2) 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. (3) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. (4) A copy of this permit shall be posted or available on site. Contact this office at 252-72M848 ext.125 for a Final inspection at completion of work. (5) Pursuant to 15A NCAC, Subchapter 710406(b), this permit may not be assigned, transferred; sold or otherwise disposed of to a third -parry. (Additional Permit CondPtions on Page 2) This permit action may be appeated 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 rasolved. This permit must be on the project site and accessible to the permit officer ut,en the prcject is inspected for compliance. Any maintenance worm or project modification not covered under this permit, require further written permit approval. Ali work must cease when this permit expires on: DECEMBER 31, 2010 In issuing this permit it is agreed that this project is consistent with the local !_and Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the ouiston of Coastal Management. k Schulz CAMA LOCAL PERMIT OF CIA 706 Arendell Street rehead Cj NC 28557 PERMITTEE r.SinnAh irP rA n iirprl if r nnritinnc Shove army to mrmitl 04-May-2007 05:03pm From -TOWN OF MOREHEAD Y Name: Mary M. Betts Minor Permit# 07.01 Date: 2128107 Page 2 T-420 P.009/036 F-727 (6) All other disturbed areas shall be vegetatively stabilized (planted and mulched) within 14 days of construction completion. (7) This proposed bulkhead/retaining wail has been specifically -deleted from this permit Contact the focal DCM office at 252-808-2808 for permitting requirements. (8) No construction of the walkway shall commence until a detailed site plan is submitted and approval is received from the Planning & Zoning Division of the Town of Morehead City. SIGNATURE DATE: v Sr — 07 PERMITTEE , 04-May-2007 05:03pm From -TOWN OF MOREHEAD T-420 P-010/036, F-727 (D�"OI APPLICATION FOR 41 CAMA MINORM PERMIT In 1074, the North Carolina General Assembly Passed the Coastal Area Management Act and set the stage f&r guiding development in fragile a«d productive areas that border the state's sounds and oceanfront. Along with requiring special care by those who build and devet$p, the General As- sembly directed the Coastal Resources Commission (CRC) to implement clear regulation% that minimize the? burden on the applicant. } This application for a minor development permit under CAMA is part of the Cont)nission's effort to meet the spirit and intent of the General As- sembly. It has been designed to be straightforwatrd and require no more tube or effort necessary from the applicant. Please go over this folder witlx the Local Permit Orloctr (LPO) fur the locality in which yotr plan to build to be certain that you understand what infarniation he or she aeeeds. Under CAMA regulations, the minor permit is to be issued within 25 days once a ccmpletc alaplicatior► is ire [rand. Often less time is needed if the project is simple. The proct:ss generally takes about 1S days. You can speed the approval proce 9 by making certain th;tt your applicatiosi is cotry- piete and sitireca. that your drawing needs the specifications given inside and that your application fee is attached. Other perneits are sometimes required for development in the coastal area. While these are not CAMA-related, we urge you to check with the 'Local Permit Officer to determine which of these you may need. A listing is in- cluded on page 2 of this folder. We appreciate your cooperation with the North Carolina Coastal Mannue- rnent Program and your willin tress to build in a way that protects the resources of our beautiful and productive coast: Coastal. Resot:rces Commission ~ Division of Cokstai Management 04-May-2007 05:03pm From -TOWN OF FOREHEAD T-420 P.O11/036 F-727 , Locality Permit Number Ocean Hazard Estuarine Shoreline ORW Shoreline Public Trust Shoreline Other (For official use only) �H-�:1 �T:7�:i■"t►t.o� LTuL•YYL�1►1 LAND OWNER Name Addressf�'1 City O State ..L zip A 7�S'D. � Phone AUTHORMED AGEN1TII__ /j Name �+'i ly1C fKA IQ U �lti ( h k6 J7 p► /,ZZ G Address 53 O 4? ^ 10 Cityd State "Lip S Phone a``�•'o�4<d~/c3t��+ LOCATION OF PROJECT . (Address, street name andlor direc,,[T�' to site. If not oceanfro t what is the name of the adjacent waterbody.)1 1 Q �r ti`7LlriL•ck' _ It^ ©.�� OF PROJECT: (List all proposed construction and land disturbance.)6?.r.Y'l_t.c_7e' IG SIZE OF LOT/PARCEL:�`' 'Z ` "� square feet - acres PROPOSED USE: Residential Single-family ___ Multi -family ) Commercial/Industrial Other TOTAL ENCLOSED FLOOR AREA OF A BUILDING IN THE OCEAN HAZARD AREA, OF ENVIRON- MENTAL CONCERN (AEC): square feet (includes all floors and roof covered decks) SIZE OF ]BUILDING FOOTPRINT AND OTHER TMPERVIOUS OR BUILT -UPON SURFACES IN THE COASTAL SHORELINE AREA OF ENVIRONMENTAL CONCERN (A]rC)• square feet (Calculation includes the area ofThe 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: (Owithin 75 feet of Normal High Water for the Estuarine Shoreline AEC (2)within 575 feet ofNormai 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 Stortnwater Management permit issued by the NC Division of Water Quality? YES NO 7f yes, list the total built upon area/impervious surface allowed for your lot or parcel: I square feet. 04-I1ay-2007 05:03pm From -TOWN OF MOREHEAD T-420 P.012/036 F-727 OTHER PERNIITS MAYBE REQUIRED: The activity you are planning may require permits other than the CAMA minor development permit: As a service we have compiled a listing of the hinds of permits that might be required. We suggest you check over the list with your LPO to dettnnine if any of these apply to your project. Zoning. Drinking Water Well, Septic Tank (or other sanitary waste Treat- ment system). Building: Electrical, Plumbing, Heating and air Conditioning. Insulation and Energy Conservation, FIA Certification, Sand Dune, Sediment Control, SubdivisionApproval, Mobile Home Park Approval. Highway Connection. and others. STATEM-ENT OF OWNIERSMP: 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 fisted as landowner on this application has a significant interest in the real property described therein. This interest can be described as: (check one) `Z an a oer or record title, Title is vested i see Deed Book P401149, page in the County Registty of Deeds. an owner by virtue of inheritance. Applicant is an heir To the estate of probate was in Younty. if other interest, such as written contract or lease, explain below or use a separate sheet & attach to this application. NOTIFICATION OF ADJACENT PROPERTY OWNERS: l furthermore certify that the following persons are owners of properties adjoining this property.) 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. fXT ,rnPi (Address) .. (1) (2) (,) FOR DEVELOPERS IN OCE.kN 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 rue the particular hazard problems associated with this Iot. This explanation was accompanied by recommendations concerning stabilization and floodproofutg techniques. PEIIAMSION TO ENTER ON LAND: 1 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 pennit application. This application includes: general information (this form), a site drawing as described on the back of this application, the ownership statement, the AEC hazard notice where necessary, a check for $100.00 made payable to the locality, and any information as may be provided orally by the applicant. The details of the application as described by these sources are incorporated without reference in any permit which may be issued. Deviation from these details will constitute a violation of any permit. Any person developing in anAEC without permit is subject to civil, criminal and administrative action. This the day of , 20 07 Landowner or person authorized to act as his agent for purpose of filing a CAMA permit application. 04-Ma.Y-2007 05:03pm From -TOWN OF FOREHEAD T-420 P.013/036 F-72T MOREHEAD AEMUS L. THOMPSON, MsyorPra-Tom R Y ' Counoll 706 Ar®nd47 treat GEORGE W. BALLOU Morehead City, North Carolina 28557-4234 PAUL W. CORDOVA TEL. (252) 726-6848 DAVID HORTON FAX (252) 726-2257 JOHN F. NELSON Www.townoftnorehead=M January 29, 2007 Mary M. Betts 412 Shady Circle Drive Rocky Mount, NC 27603 C= C?LINA RE: NOTICE TO EXTEND TIME TO GRANT OR DENY CAMA MINOR PERMIT APPLICATION NUMBER— 07-01 PROJECT ADDRESSILOCATION — 3119 & 3201 Sunset Drive Dear Ms. Betts: GERALDA. JONES, JR,, Mayor a i w x n c. 9� R. RANDY MARTIN City 14anagar Pursuant to NCGS 113A-121(b), the undersigned hereby gives notice to the applicant that for good cause, and in order to properly consider all information necessary to making a decision on this permit application, the time period within which a final decision shall be made has been extended an additional twenty-five (25) days (until February 281h). If you have any questions concerning this action, please contact me at (252) 726-6848 x140. Sincerely, '_�O- `�'1C-cam Sandi Watkins, LPO Town of Morehead City 706 Arendell Street Morehead City, NC 28557 Cc: Ryan Davenport, DCM Field Rep Mark Hannula Construction, Agent ADAIEOEIP Equal Opportunity Employee Providar J,►n!-I� '13 Hv crsv1le9. - )2)na14S 5z Kanz'rSI ra-��r tSz1�s> ,}Saar 17 • r a r p l 'c r 1 0 04-May-2007 05:03pm From -TOWN OF MOREHEAD T-420 P.015/036 F-727 Owner information Wnees Name: ETTS,MARY M Owner's Address: 11412 SHADY CIRCLE DR operty Address: 0003201 SUNSET DR MOREPEAD CITY 29557 City and State: ROC1GiC MOUNT NC 27803 arket Value: $1,859,757.00 rtv Type: R T: 6376.19.61.8601000 Previous Year Glue: 1[600137 Fsrn1 Use: =Acreage: 0.228 Lsnd'Value_ $1,494,360.00. Building Value: $393,$77.00 IExTm Features: 1520 '>"WP: MOPMMAD City: ��] MORBHEAD CITY =ire: � I Tax Deferred: Property Card RT 510013.179.000 $ETTS,MARY M 2007 1,989,757 MKT PiD R 6316.19.61.8601000 600,137 PY va1 USE 1,4 412 SHADY CIRCLE DR 09F 3 LISTER 9/01/2006 AGTS RACY MOUNT NC 27B03 .228 ACRES TWP MOREB.D CITY MORF:AEAD CITY i'iYtE RESCUE OTHER IDT BlX PL SK/PG l 1.25 PEAT ADDRESS 0003201 SUNSET DR NOREHEE NSHD 51001300 USE 000100 RESID=TIAI DEED 1144 53 AICTIS PRINTED 1/05/2007 BY RC LEGAL: S PT L548 564 SONSET SHORES tAQREKE D CITY T�S BUILDING PERMITS IN Q RC M V SaDate Sala Price NuMbBY Type Dc$CYiption Issued Scud Complt RevisSL Act Comy SOD C I 11/18/2005 1,000,000 CO ADDI ADDITION 7/13/2006 I=RA FEATURES Seq Bldg Code Deaccipsion Length Width Height #edits UT Qty Qual UTPrico Year Adjl Adj2 Adj3 Adj4, 001 00040C CONCRETE PAVING 20 20 400.000 Sr 1 oc 4.000 good .95 1.90 2.00 1.00 LAND Seq Zone Code Use Descxiprion Fxonz Depth Hate IT OUaits UT UTPxice Adj1 hdj2 Adj3 Adj4 rodj Dad] Nbad Adj 8 1 511313 90CNOFRONT 35 284 60 35.000 TF 18,000.000 1.65 1.00 1.00 1.00 1.25 1.15 1.00D 42, NOTES MT PORCH TO ROOM * SATU No sketch, available Disclaimer. The information contained herein is from our current tax system and contains information http:lltax.cancretcountygov,org/taxparecIsummary.asp?recno=6376.19.61.8601000&cardse... 1/9/2007 04-Fay-200T 05:03pm From -TOWN OF FOREHEAD T-420 P.016/036 F-727 owner Information Owner's Name: I DETTS,MARY M Owners Address:j 12 SHADY CIRCLE DR Property Address: 0003119 SUNSET DR MOREBEAD CITY 28557 City and State: ROCKY' MOUNT NC 27803 arket Value: S1,663,200.00 Property Type: R PID; �_]6376.19.61.8550000 rev'm Year Value: arm Use.• Acreage: 0.306 Land Value: $1,663,200.00 Euading Value: 11no value declared l)a Feanires• TWP: MOREIEAD City: MOREH&AD CITY ire: Tax Deferred: Properly Card BETTS,)=Y F. 2007 1,663,200 MKT 697C_Sg.61.9550000 0 PY Val USE 1,6 PID R 412 SHADY CZRCI.E DR DEF 1I5TFA 11/07/ZC06 LS ROCXY MDuNT NC 27003 .306 ACRES AER TWP MOREHEAD CSTY MOREHEAP CITY rim RESCUE � LOT RLK Pi S1C/P0 31 101 PLAT ADDRESS 0003119 SUNSET OR MOREHEA 10" S1D01300 U9L 000800 VXCAHT D£EP 1196 97 AICUZ PRngTK9 1/05/ZG07 AT Rc LEGAL. 7,579 SGNSET SHORES LAND Seq Zone Code Usc Description Front DaHth Back TT Oonith UT UTPricc Adj= Ad52 Adj3 Adj4 Padj Padj Nbad Adj fi 1 513313 SOUNDBRONT 90 167 60 e0.000 rY 18,000.000 1.00 1.0D 1.00 1.00 1_10 1.05 1.00G 20, No sketch available Disclaimer: The information contained herein is from our current tax system and contains information that was valid post 1999. It may be used as a tool for research however the information may not always be accurate. http://tax.c,Weretcountygov.orghaxparcelsummary.asp?recno=63 76.19.61.8550000&cardse... 1 /9/2007 04-Fay-2007 05:04pm From -TOWN OF FOREHEAD T-420 P.017/036 F-727 NOTICE OF FILING OF APPLICATION FOR CATAA :VYINOR DEVELOPMENT PERINUT Pursuant to NCGS 113A-119(b), the Town of Morehead City, a locality authorized to issue CAMA permits in Areas of Environmental Concern, hereby gives NOTICE that on January 9, 2007, Mark Hannula, agent for Mary M. Betts, applied for a LAMA permit to construct a boardwalk and bulkhead at 3119 and 3201 Sunset Drive. The application may be inspected at the Inspections and Planning Office, 706 Arendell Street, Morehead City, NC. Public comments received by January 29, 2007, will be considered. Later comments will be accepted and considered up to the time of the 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. Sandi Watkins CAMA Local Permit Officer for Town of Morehead City (252) 726-6848 x125 Please publish on: Friday, January 12, 2007 04-May-2007 05:04pm From -TOWN OF MOREHEAD T-420 P.018/036 F-727 . III ( MARK HANNULA CONSTRUCTION, INC. P.O. SOX 2086 (252) 240.1366 MOREHEAD CITY, NC 28557 BB&T IIrcKhB�ulwB,aeTrnq Compagy 66-112/531 11912007 1Y )THE **100.00 RDER OF Town of Morehead One Hundred and 00/100" "": r""�='�'� �"" �""k"""„v''a"a M"ax°`'°"a`a't°'' *•+ DOLLARS d a Town of Morehead 8 705 Arendelt Street Morehead City, NC 28557 EMo AurxonxW alQMTLft - — a�0i1172ii' 1:05310142W00051i09?20500 fl 04-WY-2007 05:04pm From -TOWN OF IpREHEAD T-420 P.010/036 F-727 1! 3R01 4/4 O —T'1! j adco �Ena J 1 64off f � + 55 Radius C fff-2 60.00 2< SUNSET DRIVE BRYANSWR ® Z1. 384 15`E 71.75' 1. � ' VA Ries Q EASE14-EN`7`�FOR.'.'.';'� c�'72442.70 u 4 DRAINAGE ANp 1ryGR. �i y • - 769J,99 l AND EGRESS 7Q 64GUE eet n $q, SOlINO.:: Feet =' i �+ION TE i eq ME3 ' . •• 8.51' 4�6 CY4Ap � SW BOGUS SOUND 1 P M n SiQo•z� 59�} SSi6 ' 70•/8 624 W w. . 0443 5f3- eo r 80GUE Sni lKlm SUNSET pR �� Courea L-1 Bearing aistonce L-2 N 631658 W N 63:5658 w 51.30 i-^3 L-4 S 82'21 31 W . 10.74 L_5 N 741856 W 418 56 w 23.13 L-6 S 2.46 7 W 8.64' 25.27 04-Nay-2007 O5:O4pm From-TOVM OF MOREHEAD N-IF WDRRELL DB .'--'4 76 ' PG 299 -5 0 T-420 P-020/036 F-727 1. co NI TOWN AWA EIP iRS Hui M 2p 0 So. 40 60 VMPHIC SCAM --. F$FT' 04-May-2007 05:04pm From -TOWN OF MOREHEAD T-420 P.021/036 F-727 Main IdentitY From: "Peter Kumpel" <pkumpeIQec.rr.com> To: <sandiw@bizec.rr.com-; <ryan.davenport§ncmail.net> Cc: cpkumpel@ec.rr.com> Sent: Sunday, July 29, 2007 9:27 AM Attach: Chadatte Farris's email.doc Subject: Need information about a permit request To Sandi Watkins and Ryan Davenport, Sony about the late response about this subject but it was just brought to my attention. A permit has been requested to bulkhead a section on Sunset Dr. directly south of 32nd St. and Evens St. The request was put in by agents of Mary M. Betts. If I read the request correctly this bulkhead and boardwalk would either be on or over public property. The request states that Mary M. Betts is the owner of this property. She owns lots on either side of the public property. My thoughts on this subject have already be brought to your attention by an e-mail that was sent on January 26,2007. 1 agree with this letter completely ( see attachment). The only thing that l would like to add to the attachment is the following. Any construction on or over this 31 foot Basement would impede full and complete access to the sound. Thank you very much for your time spent on this matter. Peter Kumpel 3106 Evans St pkumpeitec_C1'-MM 252-247-3114 Home 252-504-0570 Cell 1/29/2007 04-flay-2007 05:04pm From -TOWN OF FOREHEAD T-420 P.022/036 F-727 Main Identity From: "PHILIP STEWART, <stew2724@msn.com> To: <sandiw@bizec.rr.com> Cc: <mhczoning@hotmail.com>; <dcks@bizec.rr.com> Sent: Saturday, January 27, 2007 7:46 PM Subject: CAMA Bulkhead permit by Mary Betz for 3119 &3201 Sunset Drive, Morehead City, NC 28557 Dear Ms Watkins: I would strongly object to the subject permit request. There should be a legitimate need to protect property to justify the building of a bulkhead. The subject property is a healthy beach with no signs of erosion. The owner of the subject property has in the past cut down vegetation within the dune line and has back filled land within the 30 foot setback zone. You should examine the real reason for this request. Mr.Tom Betz, husband of the requestor, told me that "CAMA allowed bulkheads to be built along the high water marls" and that his intention for building the bulkhead was to prohibit access to the water across the 31 foot easement that the city created. During this conversation with Mr. Betz it was stated that his proposal would restrict access. Mr. Betz's response was that "he would be glad to provide a tide chart" as access would be limited except for low tide. I would also request that you also reestablish the point of the mean high water mark. Thank you for your consideration. Philip M. Stewart 3006 Evans Street Morehead City, NC 28557 and 2724 Spigel Dr. Virginia Beach, VA 23454 Cell Phone # 757 287-4172 1/29/2007 04-May-2007 05:04pm From -TOWN OF MOREHEAD T-420 P.023/036 F-72T PHILIP From: "PHILIP STE:WART" tstew2724 rrisn.com> To: <sandiw@bizec.rr.com>; <ryan.davenport@ncmail.net>; pricks@bizec.rr.com> Sent: Friday, January 25, 20071:30 PM Subject: bulkhead/retaining wall and boardwalk January 26, 2007 To CAMA Morehead City and to Morehead City Planning Dept. I wish to express my opinion concerning the property at Sunset Drive and 32nd Street now owned by Mr. and Mrs. Tom Betts. I understand that an application has been made on behalf of the Betts's for a boardwalk and bulkhead to be built on their property and on the 31' wide public access on that property. I most strenuously object to any bulkhead being built on that property, and especially on the public access part of it. A bulkhead will severely limit access and useable beach area for the public. At high tide a bulkhead could even eliminate use. A bulkhead is likely to cause beach erosion, or at best, contribute to beach erosion, which will further diminish access. There has been study after study by coastal scientists testifying to the detrimental and damaging effects of bulkheads. I also object to a retaining wall, for the same reason as for a bulkhead. Depending on the location of a "retaining wall", it could serve the same function as a bulkhead, being different in name only. I expect that it would likely be located in the sensitive environmental area at the natural dune line where native and beneficial plants are located. Are there not set back rules that should come into play? I object to any boardwalk at this point. Until we can be sure that public access will not be inhibited or discouraged, it should not be allowed. A boardwalk in and of itself is not a problem. The questions to ask are where will it be? How does it lead to the shore, to the beach? Will it in any way prevent or diminish access? This property currently has a nice, lovely, healthy sandy beach, except for the immediate area at the outfall of the storm water sewer pipe. (The pipe and the water from that pipe has gouged a deep and wide hole in the sandy bottom that could be dangerous and have unhealthy chemical and biological problems.) I expect LAMA and other city and state officials to do what is necessary and right to maintain this beach and shoreline. Further, I expect the city and state to protect our public access. Mr. and Mrs. Betts purchased this property from the town of Morehead City with full knowledge of the public easement on it. The citizens of the neighborhood and the town were assured that their right to use this access would be maintained. It would not be right to give this new owner special consideration. Do what is in the best long term interest of our natural resource, Bogue Sound, and our town. Thank you, Anna Stewart ! C{ tG�� /(`'7 3006 Evans Street a! / PS. You can reach me by telephone at 757-496-2388 or by mail at 2724 Spigel Drive, Virginia Beach, VA 23454 1/26/2007 04-May-2007 05:04pm From -TOWN OF MOREHEAD .81/2912007 16:14 757499238E ST'E WART T-420 024/036 F-727 PAQF. bZ ranuary 28, 2007 Town of Morehead City Mayor, Connnussioners and City bbnager By: FAX Re: Application by Mary M. Betts £or boardwalk and bu tltcad permit for 3119 & 3201 Sunset Drive, Morehead City oentlemen: The city Commissioners last year sold two lots on Sunset Drive after public comment and deliberation. You promised to preserve the wetter access and use of the Sunset Drive beach by giving a 31 foot easement and restaricft the building of piers so that the beach would be more ac SMIble. Before the auction, these two issues were discussed and acknowledged by the city manager. The successful bidder and the husband of the subsequent owner were present_ (Tom Betts) Tow with full knowledge of your intentions, the owner of 3119 Sunset Drive is requesting a permit to construct a boardwalk and a bullhead. While l would not object to a boardwalk x would object to landscapinglb t would leave the impression that the ea.semetrt is less than 31 feat as approved by the City Commissioners. I also object to a bulkhead without a verif able tined other than restricting public assess. I would also request re-establishing the mean high crater mark for this beach. Last fall after the Betts' purchase, W. Betts told me of bis intentions to restrict access to this public access with a boardwalk and a bulkhead. When we stated that we would like to use the beach, he responded that he `would be happy to provide a tide cbiart" as the beach would only be accessible at low tide. We appeal to you to back up your intettiions and promises to preserve this beach and access. ffinn M Stewart vans Street, Mbrftad City and 2724 Spigel Dr., Virginia Beach, VA 23454 cc Tom & Mary Betts 04-May-2007 05:04pm From -TOWN OF MOREHEAD T-420 P-025/036 F-727 Main Identity From: "PHILIP STEWART' <stew2724@msn.com> To: <sandiw@bizec.rr.com>; <ryan.davenport@ncmail.net>; <ricks@bizec.rr.com> Sent: Friday, January 26, 20071:30 PM Subject: bulkhead/retaining wall and boardwalk January 26, 2007 To LAMA Morehead City and to Morehead City Planning Dept, I wish to express my opinion concerning the property at Sunset Drive and 32nd Street now owned by Mr. and Mrs. Tom Betts. I understand that an application has been made on behalf of the Betts's for a boardwalk and bulkhead to be built on their property and on the 31' wide public access on that property. I most strenuously object to any bulkhead being built on that property, and especially on the public access part of it. A bulkhead will severely limit access and useable beach area for the public. At high tide a bulkhead could even eliminate use, A bulkhead is likely to cause beach erosion, or at best, contribute to beach erosion, which will further diminish access. There has been study after study by coastal scientists testifying to the detrimental and damaging effects of bulkheads. I also object to a retaining wall, for the same reason as for a bulkhead. Depending on the location of a "retaining wall", it could serve the same function as a bulkhead, being different in name only. I expect that it would likely be located in the sensitive environmental area at the natural dune line where native and beneficial plants are located. Are there not set back rules that should come into play? I object to any boardwalk at this point. Until we can be sure that public access will not be inhibited or discouraged, it should not be allowed. A boardwalk in and of itself is not a problem. The questions to ask are where will it be? How does it lead to the shore, to the beach? Will it in any way prevent or diminish access? This property currently has a nice, lovely, healthy sandy beach, except for the immediate area at the outfall of the storm water sewer pipe. (The pipe and the water from that pipe has gouged a deep and wide hole in the sandy bottom that could be dangerous and have unhealthy chemical and biological problems.) I expect LAMA and other city and state officials to do what is necessary and right to maintain this beach and shoreline, Further, I expect the city and state to protect our public access. Mr. and Mrs. Setts purchased this property from the town of Morehead City with full knowledge of the public easement on it. The citizens of the neighborhood and the town were assured that their right to use this access would be maintained. It would not be right to give this new owner special consideration. Do what is in the best long term interest of our natural resource, Sogue Sound, and our town. Thank you, Anna Stewart 3006 Evans Street PS. You can reach me by telephone at 757-496-2388 or by mail at 2724 Spige) Drive, Virginia Beach, VA 23454 I/29/2007 04-flay-2007 05:04pm From -TOWN OF MOREHEAD T-420 P.026/036 F-727 -I- - -- - Main Identity From: "Charlotte Faros" <arris.chadotte@9mail.com> To: <sandiw@bizec.rr.com7; aryan.davenport@ncmail.net> Cc: afarris.charlotte@9mail. com> Sent: Friday, January 26, 2007 11:31 AM Subject: corrected.... Re: boardwalk & bulkhead On 1/26/o7, Charlotte Farris wrote: January 26, 2007 TO MOREHF_kD CITY PLANNERS and PER= OFFICERS and LAMA PLANN"1~RS and ALL OTHERS i involved in decision making for the Sunset Drive public access off of Evans Street and 32nd. In the January 12, 2007 edition of The Carteret County News -Times, a legal notice announcing a request for a "boardwalk & bulkhead" in the name of Mary Betts was listed. It is my understanding that the Morehead City Permit Office makes the decision on the boardwalk and that the CAVIA office makes the decision on the bulkhead. Because the boardwalk and bulkhead go hand -in -hand, I am making comments about both issues to all departments. I also understand that the deadline for the request from the Town of Morehead City is due January 29, but as of Monday, January 22, no request for the bulkhead had been given to CAMA and the mention of the bulkhead in the request to Morehead City did not include a drawing or description of the bulkhead. My concerns are mainly related to FREE and CONVENIENT ACCESS, and EROSION, as indicated in the following questions. BOARDWALK i. Exactly where will the boardwalk be? The drawing shown to me at the planning office showed the walkway to be off the curve from the street on toward the beach. Does that mean the walkway will be on the access path? Rick Schulz, inspector, said the walkway appeared to be to the east of the access. If so, that appears awkward to me if the Betts home is to the west of the access and the walkway is to the east, with a gap of aceess property between the two. 2. Can any structure such as a boardwalk or bulkhead be built on the access property? Isn't the access property public property? Were we not promised by the Town Council that we would have full access? S. Will steps be built from the boardwalk? If so, how will kayaks or other small boats or wagon of toys get down the steps? How can a provate owner build on the public access? 4. Can the plans for the boardwalk be approved before the plans for the bulkhead are shown because of possible alterations that would influence erosion and access? BUI.MEAD ` 1. What are the specific plans for the bulkhead ....... location, substance and materials, structure, shape and design, function ? I 2. Can a bulhead be built on the 31 feet of public access property? The Town of Morehead City Council promised that the access would remain open to the public when they decided to auction the land and deeded it. S. Are the wetlands involved in that area? 1/29/2007 04-May-200T 05:05pm From -TOWN OF MOREHEAD T-420 P-027/036 F-72T V 4. What erosion problems can be anticipated? Environmental scientists have said that when water hits a solid surface, such as a bulkhead, the water swirls and makes holes and erodes the sand. Evidence of this fact can be seen with the drain pipe at the site that often has a large hole on the sides where the water has swirled and removed sand, which also makes access tricky, but at least is a smaller area than a bulkhead around three properties. Often, the wake pf boats, tides from the moon and the prevailing winds drive water high and cause waves up to the grassy area. 5. Will steps be involved that will wash away, hamper access for small boats, and add to the erosion? 6. Where exacty is, officially, the high tide mark and mean high tide? The wooden stakes that were put up when the land was surveyed were underwater at high tide (I have pictures) and are now washed away. y. Where would the 7c feet setback from the water be for the two properties that were sold at auction? Should we not build in that low wetland area? Please respond to this note and please send any decision you make to me. If you are looking at the property, I would appreciate going with you to the access area so I can fully understand and comment. Thank you. Charlotte Farris (resident - giro Evans Street) F. O. Eox i866 Morehead City, N.C. 28557 email: rris_eharlotte(RgmaiLcom phone: 252-726-2127 cell: 252-240-9841 1/29/2007 04-May-2007 05:05pm From -TOWN OF MOREHEAD T-420 P.028/036 F-727 CORK* E'WEBB GEER P. O. BOX 236 MO=AD CITY, N. C 28557 Ms. Sandi Watkins CAMA Officer Town of Morehead City 710 Arendell Street Morehead City, N. C. 28557 In response to the legal notice published in Carteret Cowtty News Times as regards application for a minor CAMA permit for Sunset Shores to bulkhead or seawall the lots in question and build a walkway by notice of this letter lodge my opposition to the installatiou of a buAd=& None of the other lots along this part of the sbore are bulkheaded and do not show excesuve danger from threat of erosion, rather there is c unvm ly a build up of area as evidenced by the grand shoal building up.. Science tells us that such unnatural struehn a will cause erosion of our IOM Sincerely, el CSA�t442A� Corinne Webb Geer a 04-i1ay-2007 05:05pm From -TOWN OF MOREHEAD T-420 P.029/036 F-727 1SA NCAC 07H .0208 USE STANDARDS (a) General Use Standards (1) Uses which are not water dependent snail not be permitted in coastal wetlands, estuarine waters, and public trust areas. Restaurants, residences, apartments, motels, hotels, trailer parks, private roads, factories, and parking lots are examples of uses that are mot water dependent. Uses that are water depmdemt may include: utility easements; docks; wharfs; boat ramps; dredging; bridges and bridge approaches; revetments, bulkheads; culverts; groins; navigational aids; mooring pilings; navigational channels; simple access channels and drainage ditches. (2) Before being granted a permit by the CRC or local.perrnitting authority, there shall be a finding that the -applicant has complied with the following standards: (A) The location, design, and need for development, as well as the construction activities involved shall be consistent with the stated management objedrive. (B) - Befora receiving approval for Iocation of a use br development within these AECs, rho permit -letting authority shall find that no suitable alternative site or location outside of the ABC exists for the use or development and, further, that the applicant has selected a combination of sites and design that wi11 have a minimum adverse impact upon the productivity and biologic integrity of coastal msrshland, shellfish beds, beds of submerged aquatic vegetation, spawning and nursery areas, important nesting and wintering sites for waterfowl and wildlife, and important natural erosion barriers (cypress fringes, marshes, clay soils). (C) Development shall not violate water and air quality standards. (D) Development shall not causb major or irreversible damage to valuable documented archaeological or historic resources. (E) ' Development shall not measurably increase siltation. (F) Development shall not create stagnant water bodies. (G) Development shall be timed to have tninimurn adverse significant affect on life cycles ofestuarine and ocean resources. (M Development shall not impede navigation or create undue interfereace with access to, or use of, public trust areas or estuarine waters. (3) When the proposed development is in conflidt with the general or specific use standards set forth in this Mule, the CRC may approve the development if the applicant can demonstrate that the activity associated with the proposed project will have public benefits as identified in the findings and goals of the Coastal Area Management Act, that the public benefits clearly outweigh the long range adverse effects of the project, that there is no reasonable and prudent alternate site available for the project, and that all reasonable means and measures to mitigate adverse impacts of the project have been incorporated into the project design and will be implemented at the applicant's expense. 'These measures taken to mitigate or minims a adverse impacts may include actions that will: (A) minimize dr avoid adverse'itapacts by limiting the magnitude or degree of the action; (B) restore the affected envir— nt; or (C) compensate for the adverse impacts by replacing or providing substitute resources. (4) Primary nursrry areas are those areas in the estuarine and ocean system where initial post larval development of finfish and crustaceans takes place- They are usually located in the uppermost sections of a system where populations are uniformly early juvenile stages. They are officially designated and described by the N.C. Marine Fisheries Com=ission in 15A NCAC 313 .1405 and by the N.C. 'Wildlife Resources Commission in 15A NCAC 10C .0110. (S) Outstanding Resource 'Waters are those estuarine waters and public trust areas classi .fled by the N.C. Environmental Management Commission ptnsttant to Title I SA, Subchapter 2B .0216 of the N.C. Administrative Code as Outstanding Resource Waters (ORW) upon finding that such waters are of exceptional state or national recreational or ecological significance. In those estuarine waters and public nest areas classified as ORW by the Environmental Management Conrmnission (EMC), no permit required by the Coastal Area Management Act shall be approved for any project which would be inconsistent with applicable use standards adopted by the CRC, EMC, or Marine Fisheries Coraraission (M'i" C) for estuarine waters, public trust areas, or coastal wetlands. For developraeur activities not covered by specific use standards, no permit shall be issued if the activity would, based on site specific information, matedZy degrade the water quality or outstanding resource values unless such degradation is temporary. (6) Beds of submerged aquatic vegetation (SAV) are those habitats in public trust and estuarine waters vegetated with one or more species of submergent vegetation. These vegetation beds occur in both subtidal and intertidal zones and may occur in isolated patches or cover extensive areas. In either case, the bed is def=4 by the presence of above -ground leaves or the below -ground rhizomes and propagules. In defining SAVs, the CRC recognizes the 04-May-200T 05:05pm From -TOWN OF FOREHEAD T-420 P.030/036 F-727 DCM FORM 5 PETITIONER'S NAME FILE NUMBER (Petitioner leave this line blank) THIRD PARTY HEARING REQUEST ON CAMA PERMIT DECISION PLEASE TAKE NOTE that the undersigned, a person affected by the decision of (check one): a Local Pen -nit Officer acting on a CAMA Minor Development Permit application; or the Division of Coastal Management, Department of Favironment and Natural Resources, acting on a CAMA Major Development Permit application or CAMA General Permit application hereby requests permission from the Coastal Resources Commission to file an appeal pursuant to N.C. Gen. Slat. § 113A-121.1(b) and N.C. Admit Code tit. 15A, r. 73.0300 (Please atrach a copy of the permit application decision. Ifyou cannot obtain a copy of the permir application decision, please provide the name of the permittee, the projecr location and the permir number) Requests are reviewed by the Chairman of. the Coastal Resources Commission to deterwine whether a hearing should be granted. The determination of whether W grant a hearing is in the sof a discretion of the Chairman. N.C. Admin. Code tit. 15A, r. 710301(b). For this application to be complete, the Petitioner must address each factor listed below on a separate sheet of paper. You must address these factors before your request will be, reviewed. The Chairman's decision to grunt a hearing will be based on whether the Petitioner: (1) Has alleged that the decision is contrary to a statute or rule [N.C. Gen. Scat. § 113A-13L 1(b)(1)j; (Please cire the stature or regulation allegedly violared by the permit decision.) (2) Is directly affected by the decision [N.C. Gen. Stat. § 113A-121.1(b)(2) j; and (Please describe how you are directly affected by the permit decision. Persons directly affected by a decision include, but are not limited ro: (a) any owner of real property in the vicinity of the property to be developed who can show rhat the proposed development is likely w have a significant adverse effect on the value and enjoyment of his property; and (b) any person who can demonstrate a history of substantial use ofpublic resources in the area directly affected by the 04-I1ay-2007 05:05pm Fran -TOWN OF MOREHEAD T-420 P-031/036 F-727 development when the development is within or touches upon an area subject to the public trust.) (3) I"las alleged facts or made legal arguments that demonstrate that the request for the hearing is not frivolous [N.C. Gen. Stet § 113A-121.1(b)(3)], (Please summarize the evidence or arguments you will present at a hearing in support of your appeal.) Based on the attached responses to the above factors, the undersigned hereby requests a third party hearing. Date Signature of Petitioner or Attorney Name of Petitioner or Attorney Address City Stale Zip ( 7 - Telephone Number NOTES: This request must be served on the Director, Division of Coastal Management, at the address shown on the attached Certificate of Service Form, within twenty (20) days of the disputed permit decision. N.C. Gen. Stat. § 113A-121.1(b). Failure to do so constitutes waiver of the right to request a hearing. A copy should also be sent to the Attorney General's Office, Environmental Division, at the addresses shown on the attached Certificate of Service Form. Approval of a Third Party Hearing Request allows a petitioner to file a contested case petition with the Office of Administrative Hearings within twenty (20) days of receipt of the Chairman's Order. N.C. Gen. Stat. § 113A-121.1(b). Denial of a Third Pany Bearing Request is a final agency decision which may be appealed to the Superior Court in the county where the property is located under N.C. C=. Stat. § 113A-121.1(h) and Chapter 150B, Article 4. 04-May-200T 05:05pm From -TOWN OF MOREHEAD T-420 P.032/036 F-727 CERTIFICATE OF SERVICE I hereby certify that this 'third Party Hearin., Request has been served on the State agencies named below by depositing copies of it with the United States Postal Service with sufficient postage for delivery by first class mail or by personally delivering copies to the named Agencies. Original served on: Director Division of Coastal Management 400 Commerce Avenue Morehead City, NC 2$357 and a copy served on: Attorney General's Office Faivironmental Division 9001 Mani Service Center Raloigh, NC 27699-9001 This Pe day of SigmttWc of Petitioner or AttoMey Updaied: June 1, 20QI 04-Fay-2007 05:05pm From -TOWN OF FOREHEAD T-420 P.033/036 F-727 DEMOS L. THOMPSON, MeyarPro-Tem Coundt GEOCGE W. HALLOU PAUL W. CORDOVA DAVID HORTON JOHN F. NELSON March 1, 2007 •� i /f'�'(� � HEAD CITY GERALD �J0 NES, JR , Mayor NORTH C A R O L I N A o 706 Arendell Street Morehead City, North Carolina 28557-4234 . ��a TEL (252) 72MB48 R. RANDY MARTIN FAX (252) 726.247 Grvmawgar www.tovinoftorehead.com CERTIFIED MAIL— 7004 2510 0005 7056 0127 RETURN RECEIPT REQUESTED Corinne Webb Geer P.O. Box 236 Morehead City, NC 28557 Dear Ms. Geer: This letter is in response to your correspondence, which was received by the Town of Morehead City on January 26, 2007, regarding your concerns about the proposed development by Mary M. Betts, at 3201 Evans Street adjacent to Bogue Sound, in Carteret County. The project consists of the construction of a 5' wide walkway within the Estuarine Shoreline AEC. The proposed project has been determined to comply with local regulations and the Rules of the Coastal Resources Commission ;71`1.0208), and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit, as well as, tha applicable rules. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Cass Hearing. The hearing request must be filed with the Director, Dvision of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. I have enclosed the applicable forms and instructions that must be filed prior to that deadline. Please contact me at 252-726-6848, extension 1313, if you have any questions, or if I can provide any additional information. Respectfully yours, Rick Schulz, U'O Town of Morehead City 706 Arandell Street Morehead City, NC 285.57 cc: Ryan Davenport, DCM Field Rep. Tare Barrett, DCM District Manager Mary M. Betts, Owner Marc Hannula Construction, Agent ADAIEOE/P Equal Opportunity EmplOyae Prwidor 04-May-200T 05:05pm Fran -TOWN OF MOREHEAD T-420 P.034/036 F-727 MOREHEA '((`h GSRALD A0 NES, JR., Mayor N O R T H C A R O L I N A 13EMUS L THOMPSON, Mayor Pro -Tom a Council 706 Arendell Street G =ORGF_ W. SALLOU Morehead City, North Carolina 28557-4234 .5e e PAUL W. CDRDOVA TEL(252) 726-6848 R. RANDY MARTIN DAVID HORTON FAX (252) 726-2267 Cly Manaaar JOHN R NELSON www.townormorehead.com March 1, 2007 CERTIRED MAIL_ — 7005 3110 000D 6732 4157 RETURN RECEIPT REQUESTED Charlotte Farris P.O. ox 1t366 Morehead City, NC 28557 Dear Ms. Farris This letter is in response to your correspondence, which was received by the Town of Morehead City on January 26, 27 & 28, 2007, regarding your concerns about the proposed development by Mary M. Setts, at 3201 Evans Street adjacent to Bogue Sound, in Carteret County. The project consists of the construction of a S wide W* aikway within the Estuarine Shoreline AEC. The proposed project has been determined to comply with local ragulations and the Rules of the Coastal resources Commission (7H.0208), and as such, a permit has been issued to authorize the development l have enobsed a copy of the permit, as well as, the applicable rules. if you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permitdecision. I have enclosed the applicable forms and instructions that must be filed prior to that deadline. Please contact me at 252.726-BM, extension 138, if you have any questions, or if I can provide any additional information. Respectfully yours, Rick Schulz, l_PO Town of Morehead City 706 Arendell Street Morehead City, NC 28W co: Ryan Davenport,l7CM Field Rep. Tore Barrett, DCM District Manager Mary M. Betts, Owner Mark Hannula Construction, Agent ADA/EOEJP Equal Opportunity Cmpleyes Provider 04-Fay-2007 05:05pm From -TOWN OF FOREHEAD T-420 P.035/036 F-727 DEMOS L. THOMPSON, Maywpro-Tem Council GEORGE W. BALLOU PAUL W. CORDOVA DAMD HORTON JOHN F. NELSON March 1, 2007 � ,17�OR'IT H j� CI GERALD FAO N�. JR, Mayor NORTH CARQLLN 708 Arandell Street Morehead City, Nary Carolina 28557-4234 TEL (252) 72"U8 FAX (252) 726-2267 www.townotrrorahead.com CERTIFIED MAIL— 7005 3110 0000 6732 4133 RETURN RECEIPT RE UESTED Peter Kumpel 3106 Evans Street Morehead City, NC 28557 Dear Mr. Kumpel: A R. RANDY MARTIN City Manager This letter is in response to your correspondence, which was received by the Town of Morehead City on January 26, 2007, regarding your concerns about the proposed development by Mary M. Beds, at 3201 Evans St; eet adjacent to Bogue Sound, in Carteret County. The project oonsists of the construction of a 5' wide walkway within the Estuarine Shoreline AEC. The proposed project has been determinod to comply With local regulations and the Rules of the Coastal Resources Commission (71-1.0208), and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit, as well as, the applicable rules. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The chairman of the Coastal Resources Commission wiil consider each case and determine whether to grant your request to file for a Contested Dase Hearing. The hearing request must be filed wit`t the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed pernvt decision. I have enclosed the applicable forms and instructions that must be filed prior to that deadline. Please contact me at 252 726-6848, extension 13B, if you have any questions, or if I can provide any additional information. Respectfully yours, Rick Schulz, LPO Town of Morehead City 706 Arandell Street Morehead City, NC 28557 cc: Ryan Davenport, DCM Field Rep. Tore Barrett, DCM District Manager Mary M. Betts, Owner Mark Hannula Construction, Agent ADAIEDEIP Equal Opportunity Employee IFIVIder 04-May-200T 05:06pm From -TOWN OF FOREHEAD T-420 P.036/036 F-727 DEMUS L.THOMPSON, mayorPro-Tom Council GEORGE W. BALLOU PAUL W. CORDOVA DAVIT] HORTON JOHN F. NELSON March 1, 2007 MC)"REH AD CITY NORTH CAROLINA 706 A, endell Street Morehead City, North Carolina 28557-4234 TEL (252) 72"848 FAX (252) 726-2267 www.iownofmorehead.00m CERTIFIED MAIL — 7005 3110 0000 6732 4140 RETURN RECEIPT REQUESTED Philip M. and Anna M. Stewart 2724 Spigel Arne Virginia Beach, VA 23454 Dear Mr. & Mrs. Stewart: GERALD A. JONES, JR., Mayor a 103 !t � 4a50 R. RANDY MARTIN Clfy Manager This letter is in response to your correspondence, which was received by the Town of Morehead City on January 26, 2007, regarding your concerns about the proposed development by Mary M. Betts, at 3201 Evans Street adjacent to Sogue Sound, in Carteret County. The project consists of the construction of a 5' wide walkway within the Estuarine Shoreline AEC. The proposed project has been determined to comply with local regulations and the Rules of the Coastal Resources Commission (7H.0208), and as such, a permit has been issued to authori7a the development. I have enclosed a copy of the pernlit, as well as, the applicable rules. If you wish to contest our decision to issue this permit, you may file a request for a TW Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The haaring request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. I have enclosed the applicable forms and instructions that must be filed prior to that deadline. Please contact me at 252-726-6846, extension 138, if you have any questions, or if I can provide any additional information. Respectfully yours, Rick Schulz, t.PO Town of Morehead City 706 Arendell Street Morehead City, NC 2859 CO.: Ryan Davenport, QCM Field Rep. Tore Barrett, i}CWt District Manager Mary M. Betts, owner Mark Hannula Construction, Agent ADAIEC6IP Equal Opportunity Employee Proxider