67908D - Trible

11

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
overly Eaves Perdue Braxton C. Davis Dee Freeman
)vernor Director Secretary
AGENT AUTHORIZATION FORM
Date: _� 7
ne of Property Owner Applying for Permit: Name of Authorized Agent for this project:
ier's Mailing Address:
ne Number ( T 03 )_4 3o - 3 s- L9
Agent's Mailing Address:
2798 Sea Vista Dr.
H5_ Supply, NC 28462
CONSTRNMI N
Phone Number xxo r 4 38,
tify that I have authorized the agent listed above to act on my behalf, for the purpose of applying
ind obtaining all CAMA Permits necessary to install or construct the following (activity):
GowS fr'y��' �.pcT'1
my property located at ___ _Z J �12M s� �' /�<Qil_%C L �
certification is valid thru (date) __
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Property Owner Signature
Date

■ Complete items 1, 2, and 3.
® Print your name and address on the reverse
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® Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to: ,�
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9590 9402 2597 6336 4766 28
2. Article Number (rmnsfer from service labef�__
7016 0600 0000 5522 1256
P-- Form 3811, July 2015 PSN 7530-02-000-9053
■ Complete items 1, 2, and 3.
• Print your name and address on the reverse
so that we can return the card to you.
® Attach this card to the back of the mailpiece,
or on the front if space permits.
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PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Rr

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STATE OF NORTH CAROLINA BEFORE THE NORTH CAROL A
COASTAL RESOURCES COMMIS ION
COUNTY OF BRUNSWICK 96 CMV 5
IN THE MATTER OF: )
PETITION FOR VARIANCE BY )
SUNSET BEACH AND TWIN ) EiliAL Q$DB
LAKES, INC. )
This matter was heard on oral arguments and stipulated facts at the regularly scheduled
meeting of the North Carolina Coastal Resources Commission (hereinafter CRC) o July 26,
1996, in Morehead City, North Carolina pursuant to N.C.G.S. § I I3A-120.I and Tl A NCAC
7J.0700, et seq. Assistant Attorney General Amy Oillespie appeared for the Dep"ent of
Environment, Health and Natural Resources, Division of Coastal Management; Mason H,
Anderson, Anderson & McLantb. appeared on behalf of the petitioner Sunset Beach ,and Twin
Lakes, Inc.
Upon consideration of the stipulated facts, record documents and the argume6ts of the
parties, the CRC adopts the following:
1. Petitioner Sunset Beach and Twin Lakes, Inc. owns Lots 41A, 42, and 43 on the
estuarine side of Sunset Beach near Tubbs Inlet,
2. These lots are in the Inlet Hazard Area of Environmental Concern.
3, Petitioner submitted applications to DCM to build a pier on each lot.
4. The pier permits were denied under Rule 15A NCAC 7H.0309(d). The o ly piers
tllowed in inlet hazard areas under this rule are those which provide public access.'-.-
5. Historically, DCM has permitted private piers in inlet hazard AECs !T
ere the
characteristics. roperties have estuarine ch.
_

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2
6. The lots in question have estuarine characteristics in that they have t xperienced
little erosion and are bulkheaded.
7. Many of the adjacent lots have piers.
Based on the foregoing Findings of Fact the Coastal Resources Commission', makes the
following:
1. The CRC has jurisdiction over the parties and the subject matter.
2. The parties have been correctly designated and there is no question of nisjoinder
or nonjoinder of parties,
3. All notices for the variance proceeding were adequate and proper.
4. Application of 15A NCAC 7H.03 I 0(a)(1) and 7H.0309(d) to Petitioner's proposed
pier construction would result in practical difficulties and unnecessary hardships to P titioner in
that Petitioner would be prohibited from constructing piers for water access on the subject lots.
5, These hardships result from conditions peculiar to Petitioner's prope y in that
DCM has traditionally permitted piers on inlet shorelines that have estuarine characteristics and
many of the properties adjoining the subject lots have piers. DCM's practice changed only after
the Commission issued a declaratory ruling in 1995 finding that the setback provisions set out in
7H.0306 and applied to the inlet hazard AECs through 7H.0310 did not exempt water ependcnt
structures such as bridges and piers. The Commission then voted in January 1996 o amend
7H.0309 to exempt only piers providing public access from the oceanfront setback req irement.

91
6. The Coastal Resources Cornmisslon did not anticipate the application �f the rule
I
on inlet shorelines with estuarine characteristics when it amended 714.0309 to exempt oOly public
piers from the oceanfront setback.
7. The proposed pier construction is consistent with the spirit, purpose and intent of
coastal management statutes and rules in that Petitioner's lots have physical eh cteristics
similar to those on an estuarine shoreline and pier construction in this location would r present a
I
minor risk.
Based on the foregoing findings of )::act and Conclusions of I uw, the Coastal # esourees
Commission hcreby GRANTS petitiuncrs'request for a variance from 7FLO309(d).
This the ­171day of .r 1996.
EugeY 13. 'Tomlinson, Jr., Ch(drMan
Coastal Resources Commission
i

NOTE: THERE L 8.81 AC CF VET 3UIL•JAHLE ARE
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IOLQI rIVPUIUCD Ll.%. lJIICllICS vvnuanisUii DDO( i Z000 ZpZuu.UU hl' by,SylU Sr Mt. 5U26U
Lion LLC Preston G. Trible BB&T 2053 $200.00 GP 67908D SF rct. 5029D
uction Eric Jensen BB&T 11486 $200.00 GP 69290D SF rct. 5027D
uction Layton & Jan Holsinger BB&T 11487 $200.00 GP 69342D SF rct. 5028D

ADJACENT RIPARIAN_PROPERTY OWNER STATEMENT
1 hereby certify that I own property adjacent to 's
(Name of Property Owner)
property located at (,?2 3 S+
(Address, Lot, Block, Road, etc_)
on :r-,A ktis Cin S.+ s c f /m. %.4, N.C.
(Waterbody) (City/Town and/or County)
The applicant has described to me, as shown below, the development proposed at the above
loAption.
I have no objection to this proposal.
1 have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(Individual proposing development must fill in description below or attach a site drawing)
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin
must be set back a minimum distance o€15' from my area of riparian access unless waived by
me. (tf you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Property Owner Information) 04pcerft Property Owner Information)
lepoe- r'a�
/Riature i ature*

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