O-12-24_Crosswinds, LLC_20120807

W CE-W
AUG 10 2012
Atlantic Beach 0-12.24
Local Government K.14-Y.IIACITY Permit Number
CAMA
MINOR DEVELOPMENT
PERMIT i;
as authorized by the State of North Carolina, Department or Environment,
cad Natural Resources and the Coastal Resources Commission fordevelopment
in an area of environment concem pursuant to Section 113A-118 of the
General Statures, "Coastal Area Management!
Issued to Crosswinds, LLC for development in the Ocean Hazard (AEC) between the terminus of Club Colony Drive and
the property located at 132 island Quay Court in Atlantic Beach, as requested in the permittee's application, dated July
18, 2012. This location is a 20-foot easement recorded on August 31,1984 in book 505 on page 64. Further information
is recorded on page 432 of book 507. This permit, issued on August 7, 2012 is subject to compliance with the
application and site drawing (where consistent with the pemnit), 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 permitto be null and void.
This permit authorizes: the construction of a beach walkway that is 6-feet wide and 994et long and uncovered at the location fisted
above.
(1) Ali proposed development and .associated construction must be done in accordance with the permitted work plat
drawings(s) dated received on July 18, 2012.
(2) AH 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 [phone] for a final inspectiori at
completion of work.
(Additional Permit Conditions on Page 2)
This permit action may be appealed by the pernittee 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
pearat must be on the project site and able to the permit officer when the
project is inspected for compliance. Any maintenance work or project
modification not covered under this penA require further written permit
approval. All work must cease when this permit ewes on.
DECEMBER 31, 2015
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 withoutthe written approval of the Division of Coastal
Management.
W
essica Fieste"PA, CZO
CA LOCAL PERMIT OFFICIAL
PO Box 10
Ati tic BeachX 28P12
PERMITTEE
(Signature required if conditions above apply to permit)

Name: CrossyAnds LLC
Minor Permit # 0-12.24
Date: August 7, 2012
Page 2
(5) The permiRteee is required to contact the Local Permit Officer [phone] shortly before he plans to begin
construction to arrange a setback measurement that will be effective for sixty (60) days barring a major shoreline
change. Construction must begin within sixty (60) days of the determination or the measurement is void and must
be redone.
(6) All buildings constructed within the ocean hazard area shall comply with the NC Building Code, including the
Coastal and Flood - Plain Construction Standards of the N. C. Building Code, and the Local Flood .Damage
Prevention Ordinance as required by the National Flood Insurance Program. If any provisions of the building code
or a flood damage prevention ordinance are Inconsistent with any of the following AEC standards, the more
restrictive provision shall control.
(7) All pilings shall have a tip penetration greater than eight fleet below the lowest ground elevation under the stricture.
(8)Dune disturbances will be allowed only to the extent necessary for development and if the dune's protective value is
not weakened or reduced. Disturbed dune areas will be immediately stabilized.
(9)AU unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective
sedimentation and erosion control measures. Disturbed areas shall be vegetatatively stabilized (planted and
rul tied) within 14 days of construction completion.
(10)Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently threatened by
changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two years of the time
when it becomes imminently threatened, and in any case upon its collapse or subsidence. However, if natural
shoreline recovery or beach renourishment takes place • within two years of the time the structure becomes
imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or
dismantled at that time. This condition shall not affect the permit holders right to seek authorization of temporary
protective measures allowed under CRC rules.
Signature:
Date:

REcril a)

Kmwm A N WHITFORD BRADY & BERRYMAN, P.A.
ATTORNEY$ AT LAW
POST OFFICE BOX 1347
NEIL B. WHITFORD MORE —An CITY, NORTH CAROLINA 28557-1347
CAROLYN B. BRADY* TELEPHONE [phone] STREET ADDRESS:
MELISSA BERRYMAN 710 ARENDELL STREET - SUITE 105
IMIBERLY L. FARIAS** FACSIMILE [phone] MOREHEAD CITY. NC 28557
JANE A. GORDON t E-mail- lawyersOldrkmamvhitford.com
www.kirkmanwhitfbrd.com
* ALSO LIC 24SF-D IN GEOR6IA RECEIVED
**ALSO LICENSED IN CALIFORNIA
t ALSO UCENSED w NI W Y0IW A U G 10 2012
July 25, 2012 DCM-MF1DCrry
Ms. Jessica A. Fiester
Planning Director- Town of Atlantic Beach
and CAM Local Permit Officer
PO Box 10
Atlantic Beach, NC 28512
Re: Application of Crosswinds, LLC for a CAMA Permit to Build a
Boardwalk to the Ocean, dated July 17, 2012
Dear Ms. Fiester:
I have been engaged by Gerald Cox, an oceanfront property owner
near the east end of Club Colony Drive in Atlantic Beach, to
review the above referenced application for compliance with
state law and local ordinance. Unfortunately, the application
is not complete and I, therefore, am not able to form an opinion
as to whether the proposed boardwalk is fully compliant -with law
and ordinance; therefore, on behalf of Mr. Cox, we object to
issuance of either a CAMA permit, a zoning permit, or building
permit for the construction of the proposed walkway.
The application is incomplete because itdoes not specify how
Crosswinds, LLC has title, and therefore, the legal right, to
build the ramp in the area proposed. There is a specific
reference on the application form in the "Statement of
Ownership" to a deed book and page number at the county register
of deeds office to be completed by the applicant, or an
explanation by attachment of a separate sheet, to describe
ownership/legal right. But these were left blank and therefore,

2
the application is incomplete and we cannot review the right of
the applicant to build the proposed walkway.
While we know that the county tax maps are not the final word on
either ownership of property or location of boundary lines, we
nonetheless use tax maps as a resource in determining these
things. When we reviewed the county tax map for the area in
question, we believe the proposed walkway is located on property
listed for ownership by the NC Department of Environment,
Health, and Natural Resources. This raises the question of the
legal right of Crosswinds to build the walkway. It is certainly
possible that Crosswinds has a recorded easement over this
property to access the ocean; but if so, it would be an easy
matter for Crosswinds to reference the book and page number of
the easement on the application and/or to attach a copy of the
easement.
On a related note, I am curious about the location of the
proposed walkway as it relates to boundary lines. While I have
not reviewed the Atlantic Beach land use ordinances recently, it
is certainly possible that a boardwalk, being a structure, would
be subject to side setbacks. Therefore, the location of the
boardwalk relative to boundary lines is necessary for a
determination as to whether any setbacks are involved.
For these reasons, on behalf of Mr. Cox, we register an
objection. If the application is supplemented to provide the
information that currently seems to be missing, Mr. Cox will
certainly reexamine his position and concerns.
Sine y,
NQ:L ord C
CC: Mr. Gerald Cox
PO Box 7728
Rocky Mount, NC 27804

*WX)
RECEIVED
AUG 10 2012
DCM-MM CITY
August 8, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Neil Whitford
Kirkman, Whitford, Brady, Berryman, PA
P.O. Box 1347
Morehead City, NC 28557
Dear Mr. Whitford:
This letter is in response to your correspondence on behalf of Gerald Cox, which was mailed to the Town of
Atlantic Beach on July 25, 2012 regarding your concerns about the proposed development by Crosswinds,
LLC, on the 20-foot wide easement located near the end of Club Colony Drive, in Atlantic Beach in Carteret
County. The information you requested on the easement was mailed to you on August 1, 2012. The
project consists of the construction of a handicap beach access ramp. The proposed project has been
determined to comply with Town of Atlantic Beach regulations and the Rules of the Coastal Resources
Commission, 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 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
permit decision. I have enclosed the applicable forms and instructions that must be filed prior to that
deadline. Please contact me at [phone], if you have any questions, or if I can provide any additional
information.
Respectfully yours,
Jessica Anne Fiester, LPO
Town of Atlantic Beach
P.O. Box 10
Atlantic Beach, NC 28512
cc: Heather Styron, DCM Field Rep
Roy Brownlow, DCM District Manager and Compliance Coordinator
Crosswinds, LLC —Applicant

0 OFq%
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�••'yl.19o$��
TOWN OF ATLANTIC BEACH
INSPECTION & PLANNING DEPARTMENT
125 WEST FORT MACON ROAD
July 18, 2012 ATLANTIC BEACH, NORTH CAROLINA CEfto
Burke Barbee t 4 JUL 202012
1212 East Fort Macon Road Unit 13
Atlantic Beach, NC 28512 �CA,1hitlp
Dear Mr. Barbee,
The N.C. Division of Coastal Management hereby acknowledges receipt of your application
from Crosswinds, LLC, for State approval for minor development of property located between
the terminus of Club Colony Drive and the property at 132 Island Quay Court (in the easement)
in Atlantic Beach in Carteret County. It was received complete on July 18, 2012 and appears to
be adequate for processing at this time. The deadline for making a permit decision is August 6,
2012.
NCGS 113A-119(b) requires that Notice of an application be posted at the location.of the
proposed development. You were given a "Notice of Permit Filling" postcard which must be
posted at the property of your proposed development. You should post this notice at a
conspicuous point along your property where it can be observed from a public road. Some
examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property; or at a point along the road right-of-way where a private road would
lead one into your property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be notified.
Please contact me if you have any questions.
Sincerely, .
Jessica A. Fiester
CAMA Local Permit Officer
Town of Atlantic Beach
Enclosure
Xc: Heather Styron, DCM Field Representative
POST OFFICE BOX 10 • ATLANTIC BEACH, NORTH CAROLINA 28512 • [phone] • FAX [phone]

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this communication tit error, please notify ui s immediately. •
-7-"-' P6-s Uffice'Bojc I0'n Atlantic Beach, -North Carolina 28512 o Phone [phone] m Fax [phone]

TOWN OF ATLANTIC BEACH
INSPECTION & PLANNING DEPARTMENT
125 WEST FORT MACON ROAD
ATLANTIC BEACH, NORTH CAROLINA
NOTICE OF FILING
OF APPLICATION FOR
CAMA MINOR DEVELOPMENT PERMIT
RECEIVED
JUL 2 0 2012
r�
DCMMNDCiry
Pursuant to NCGS 113A-119(b), the Town of Atlantic Beach, a locality authorized to
issue CAMA permits in Areas of Environmental Concern, hereby gives NOTICE that on July 18,
2012, Crosswinds, LLC applied for a CAMA permit to build a 99-foot by 6-foot beach walkway
on the easement between the terminus of Club Colony Drive and the property at 132 Island Quay
Court in Atlantic Beach.
The application may be inspected at the address below. Public comments received by
August 6, 2012 will be considered. Later comments will be accepted and considered up to
the time of permit decision. Project modifications may occur based on further review and
comments. Notice of the permit decision in this matter will be provided upon written request.
Jessica A. Fiester
CAMA Local Permit Officer for
Town of Atlantic Beach
125 West Fort Macon Road
PO Box 10
Atlantic Beach, NC 28512
PLEASE PUBLISH ON: Friday, July 20, 2012
POST OFFICE BOX 10 • ATLANTIC BEACH, NORTH CAROLINA 28512 • [phone] • FAX [phone]

HP OfficeJet Pro 8600 N911 n Series Fax Log for
Town of AB Inspections
252-727-7043
Jul 18 2012 2:40PM
Last Transaction
Date Time Type Station ID Duration Pages Result
Digital Fax
Jul 18 2:39PM Fax Sent 97262653 1:11 2 OK
N/A

OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA
minor development permit, including, but not limited to: 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 Park Approval, Highway Connection, and
others. Check with your Local Permit Officer for more information.
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)
n owner or record title, Title is vested in , 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.
IV 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:
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)
(1)o .-
e 3 d
(2)
(3)
(4)
ACKNOWLEDGEMENTS:
I, the undersigned, 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 particu-
lar hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabiliza-
tion and floodproofing techniques.
I furthermore certify that I am authorized to grant, and do in fact grant, permission to Division of Coastal Management staff,
the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information
related to this permit application.
This the % _ day of 20 lam'
Landowner or person authorized to act as his/her agent for purpos of filing a CAMA permit application
This application includes: general information (this form), a site drawing as described on the back of this application, the
ownership statement, the Ocean Hazard AEC Notice where necessary, a check for $I oo.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 an AEC without permit is subject to civil, criminal and administrative action.

GENERAL INFORMATION
LAND OWNER
Name
Address
N
City
Email Au
AUTHORIZED AGENT
Name
Address
city
'Ile
xl�c�s /I/-- e
State ZipP-,j�5 .7Phone /Z.J
/ /.
r_
N e, tU o 0 ct-
State Zip � hone
Email
LOCATION OF PROJECT: (Address, street name and/or dire,, tions to site. If not oceanfront, what is the name of the
adjacent waterbody.) S rtic� e_zq / or� -v �" '�� r
DESCRIPTION OF PROJECT: (List all proposed const tion and land disturbance.) Lh55
SIZE OF LOT/PARCEL: square feet acres
PROPOSED USE: Residential (Single-family ❑ ❑
Multi -family ❑) Commercial/Industrial ❑ Other
COMPLETE EITHER (1) OR (2) BELOW (Contact your Local Permit Officer if you are not sure which AEC applies
to your property):
(1) OCEAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE: square feet (includes
air conditioned living space, parking elevated above ground level, non -conditioned space elevated above ground level but
excluding non -load -bearing attic space)
(2) COASTAL SHORELINE AECs: SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT
UPON SURFACES: 11610 square feet (includes 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.)
STATE STORMWATER MANAGEMENT PERMIT: Is the project located in an area subject to a State Stormwater
Management Permit issued by the NC Division of Water Quality?
YES NO—,
If yes, list the total built upon area/impervious surface allowed for your lot or parcel: square feet.

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Certiiled Fee
$2.95
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Adjacent Property Owner,
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(Endorsement Requirred)
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(Endorsemen►Required)
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Total Postage t£ Fees
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07/18/2012
City, State, Zip Code
Sent To
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------•--...---•.....................................••------------•--------
Street, qoC No.;
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or PO Box No.
C.......................................................... ity, State, ZlP+4
-----------
Dear Adjacent Property:
This letter is to inform you that I, (__=t055
//L)
4 have applied for CAMA
pp a
Minor
Property Owner
Permit on my property at ""_if '-3r,� 5S 01, S �RQ� Ltd f � in Carteret
Property Address
County. As required by CAMA regulations, I have enclosed a copy of my permit application and project
drawing(s) as notification of my proposed project No action is required from you or you may sign and return
the enclosed no objection form. If you have any questions or comments about my proposed project, please r-
contact meat - 9,10 ,or by mail at the address listed below. if you wish to
Applicant's Telephone
file written comments or objections with the Town of Atlantic Beach CAMA Minor Permit Program, you may submit
them to:
Jessica Fiester, MPA, CZO, LPO
Director of Planning & Zoning
.Tdffli of Atlantic Beach
Atlantic Beach, NC 28512 `
Sincerely,
tie
Property Owner
�3 3 �un.��r✓� ��
Mailing Address
City, State, Zip Code - -------------- --- - --

Coer.�► Id
�C� �-
Adjacent Prope wner
WE!ddress
City, State, Zip Cod
v _
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m
N Caddied Fee
I3 Return Receipt Fee
O (Endorsement Required)
O
Restricted Delivery Fee
. (Endorsement Required)
ru
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0
$2.95 � 13
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Postmark
$13.or) I Here
$0.00
Q.60 1 07118/2012
r. Sent To
C3--------------------------------------------------------------------------------=-------
p Street, Apt. No.;
r%- or PO Box No.
.....................................................................
City, State, ZIP+4
uuo, August zone
Dear Adjacent Property:
This letter 1s to inform you that I, 01105S. �Aj 'k(I- have applied for a CAMA Minor
Property Owner — Ajct.o ( e j-6 5S e6l �
�w
�l Permit �-
on my property at Cr G l (� ok1 I'- in Carteret
Property Address
County. As required by CAMA regulations, I have enclosed a copy of my permit application and project
drawing(s) as notification of my proposed project No action is required from you or you may sign and return
the enclosed no objection fora. If you have any questions or comments about my proposed project, please
contact me at EG,,or by mail at the address listed below. If you wish to
Applicants Telephone
file written comments or objections with the Town of Atlantic Beach CAMA Minor Permit Program, you may submit
them to:
Jessica Fester, MPA, CZO, LPO
Director of Planning & Zoning
Town of Atlantic Beach
PO Box 10
Atlantic Beach, NC 28512
Sincerely,
L _ �
v �
__ELOEaq Owner
Mailing Address /
City, State, Zip Code

Project Is In An:,
Property Owner:
Property Addres;
Date Lot Was Platted:
AEC HAZARD NOTICE
Ocean Erodible Area High Hazard Flood Area Inlet Hazard Area
This notice is intended to make you, the applicant, aware of the
special risks and conditions associated with development in this
area, which is subject to natural hazards such as storms, erosion
and currents. The rules of the Coastal Resources Commission
require that you receive anAEC Hazard Notice and acknowledge
that notice in writing before a permit for development can be
issued.
The Commission's rules on building standards, oceanfront
setbacks and dune alterations are designed to minimize, but not
eliminate, property loss from hazards. By granting permits, the
Coastal Resources Commission does not guarantee the safety of
the development and assumes no liability for future damage to
the development. Permits issued in the Ocean Hazard Area of
Environmental Concern include the condition that structures be
relocated or dismantled if they become imminently threatened by
changes in shoreline configuration. The structure(s) must be
relocated or dismantled within two (2) years of becoming
imminently threatened, and in any case upon its collapse or
subsidence.
The best available information, as accepted by the Coastal
Resources Commission, indicates that the annual long-term
average ocean erosion rate for the area where your property is
located is Q_ feet per year.
The rate was established by careful analysis of aerial photographs
of the coastline taken over the past 50 years.
Studies also indicate that the shoreline could move as much as
(j0 - -feet landward in a major storm.
The ood waters in a major storm are predicted to be about
/sy feet deep in this area.
Preferred oceanfront protection measures are beach nourishment
and relocation of threatened structures. Hard erosion control
structures such as bulkheads, seawalls, revetments, groins, jetties
and breakwaters are prohibited. Temporary sand bags may be
authorized under certain conditions.
The applicant must acknowledge this information and requirements
by signing this notice in the space below. Without the proper
signature, the application will not be complete.
SPECIAL NOTE: This hazard notice is required for development
in areas subject to sudden and massive storms and erosion. Permits
issued for development in this area expire on December 31 of the
third year following the year in which the permit was issued.
Shortly before work begins on the project site, the Local Permit
Officer must be contacted to 4etermine the'vegetation line and
setback distance at your site. If the property has seen little change
since the time ofpermit issuance, and the proposed development
can still meet the setback requirement, the LPO will inform you
that you may begin work. Substantial progress on the project
must be made within 60 days of this setback determination, or
the setback must be remeasured. Also, the occurrence of a major
shoreline change as the result of a storm within the 60-day period
will necessitate remeasurement of the setback. It is important
that you check with the LPO before the permit expires for official
approval to continue the work after the permit has. expired.
Generally, if foundation pilings have been placed and substantial
progress is continuing, permit renewal can be authorized. It is
unlawful to continue work after permit expiration.
For more information, contact.
:le-5-c�k'COLIE
Local Permit Officer
V. C)
Address
AJ\anhL &X Q V
Loca ity
Phone Number
Applicant Signature D to
Guy Z_
Revised M7

1 -1
4
No. 111 (goil I
AMA PERMIT
APPLIED. FOR
PROJECT:
COMMENTS ACCEPTED THROUGH � �_ ���� 6.i a Ola
APPLICANT:
Lr 55 iinl) L.LC
0.8nbrJ ° ZucKe 'P)acbee
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Z,\ccx- F-; e s �e r
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Qc a85i�
lam, al -71 LA L4 5 6

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