31944D - Overton

.aMA/kl DREDGE & FILL bLj C. KC- VC�Y tGt(► L.
^� GENERAL PERMIT F �n1 n�'C'� �,�s'03 •�'d i/ ,-
Previous permit# ! 9 /` -4 1
New _:Modification Complete Reissue Partial Reissue Date previous permit issued_ 6 '3 -O.
As authorized by the State of North Carolina, Department of Environment and Natural Resources 'L /
and the Coastal Resources Commission in an area of environmental concern pursuant to I5A NCAC -Ilk ) 700/ r )r t 'CR-r In(1 CC
,j (( �� E Rules attached.
Applicant Name J V Cr*On V, OX Ce. t'. - Project Location: County 1 e v,.) A r'o vet
Address , 0. 0)Ox l0-1 q _ - Street Address/State Road/Lot#(s) is
City �-�r£ flV I1'f State NC. ZIP cst1p3 a.omber 1� ... _
Phone # (�j10) �g(o-Oto35Fax# ( ) Subdivision Fcure a is `Gry 1
Authorized Agent DP1(i(j ice l l tr City V\11 k rn+r 9 }Dn ZIP os$i'I L t
Affected `,CW L EW ❑PTA ❑ES ❑PTS Phone # ( ) t4i-e-_- River Basin Cagee Fear
AEC(s): OEA L HHF ❑IH ❑UBA ❑N/A Adj.Wtr. Body H-4-I an ix.... CSC eo_rt fat /man /unkn)
❑PWS: ❑FC:
! Closest Maj.Wtr. Body Sa'Me
ORW: yes / AZ-) PNA yes /f n0 Crit. Hab. yes / no Type of Project/Activity Pdcti4. 01/1 At ,y KiS41�1 Sand - S ee. c in Lk re g
clmCi r a 1 eve+gar, S l•�(1(e 1(\ T I I P el/ eo
(Scale: 'I i
Pier(dock)length 4�
h I
--t — COh^ (1 . 'i NFTI' ,'
Platforms -i t
Finger pier(s)
. ....e&
Groin length
number -- - -- - — - --------- -
Iy
Bulkhead/Riprap length I i G.�r1 '""'1
k
avg distance offshore
max distance offshore .I Ck/ l D . t
I
Basin,channel _ I
I. CO >1vr~ i
cubic yards 111®111111111.1 1 , T
• III
Boat ramp _._ I _.,_. __..._...-----J ,_ I.._I.. I I ''- l,- '��
IMOM
—
Boathouse/Boatlik .�_ _ - �P�e�
Beach Bulldozing a `IMO im': - '�
Other i �i�.+ml..kiisll.uilil _ .`..
t -
/ __, -1- +i I . . _ . -
Shoreline Length 9 -_ I
SAV: not sure yes 0. C,X% 5 �^�--�t tt) ' 9 5 =
�
�__
Sandbags: not sure `ti% no i I 1 I 1 _ ___.. .-'
Moratorium: n/a yes
Photos: yes ....no_ ~
Waiver Attached: yes no --i-----� I . . I
Li t 1
A building permit may be required by: 1 a 0. t, . P See note on back regarding River Basin rules.
Notes/Special Conditions SU,Itje C-[1 4-0 `1. .e (GnCk1-k-10()_S c V C Rc...- V - o3 09
4In ' Max. u ii)-T1-k- c \ci \0' pan\te m ti w. ()CZ s2PDE G1.t. v Ai-,'on
-\ ITC.
,:owid Ke11 ) �( -
�m
Agent or Applicant Printed N Permit Officer's Signature
Signature "Please read compliance statement on back of permit** Issuing Date Expiration Date
N 1 ii (ew Aa.r'ver Co, Arne
ApplicationFee(s) Check# Local Planning Jurisdiction Rover File Name

.1 _
Statement of Compliance and Consistency
This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become
null and void.
This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The
applicant certifies by signing this permit that I)prior to undertaking any activities authorized by this permit,the applicant will
confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local
ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian
landowner(s)
The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available
information and belief,certify that this project is consistent with the North Carolina Coastal Management Program.
River Basin Rules Applicable To Your Project:
Tar-Pamlico River Basin Buffer Rules Other:
Neuse River Basin Buffer Rules
If indicated on front of permit,your project is subject to the Environmental Management Commission's Buffer Rules for the
River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of
Water Quality. Contact the Division of Water Quality at the Washington Regional Office(252-946-6481)or the Wilmington
Regional Office(9 I 0-395-3900)for more information on how to comply with thesebuffer rules.
Division of Coastal Management Offices
Central Office Elizabeth City District Washington District
Mailing Address: 1367 U.S. 17 South 943 Washington Square Mall
1638 Mail Service Center Elizabeth City, NC 27909 Washington, NC 27889
Raleigh, NC 27699-1638 252-264-3901 252-946-6481
Location: Fax: [phone] Fax: [phone]
(Serves:Camden,Chowan,Currituck, (Serves: Beaufort, Bertie, Hertford, Hyde,
Parker Lincoln Building
Dare,Gates, Pasquotank and Perquimans Tyrrell and Washington Counties)
2728 Capital Blvd. Counties)
Raleigh, NC 27604
9I 9 733 2293 / 1 888 4RCOAST Morehead City District Wilmington District
Fax: [phone] 15 I-B Hwy. 24 127 Cardinal Drive Ext.
Hestron Plaza II Wilmington, NC 28405-3845
Morehead City, NC 28557 910-395-3900
202-808-2808 Fax: [phone]
Fax: [phone] (Serves: Brunswick, New Hanover,
(Serves:Carteret,Craven,Onslow-above Onslow-below New River Inlet-and
New River Inlet-and Pamlico Counties) Pender Counties)
www.nccoastalmanagement.net Revised 10/05/01

(:AMA / DREDGE & FILL toilia L.
0.GENERAL PERMIT Foal �-�5-03 l'' • ' 1
�� i . , Previous permit# n 1 _1 /` 4- 1
New Modification Complete Reissue Partial Reissue Date previous permit issued 6 - 3 '0.0.
As authorized by the State of North Carolina, Department of Environment and Natural Resources ff LL
and the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC 1 44 )700/( 2( v Ct r t a n c e .
r` El Rules attached.
Applicant Name D\j C r A--o , \I G oce, N. Project Location: County 1'4 P v 1-k A 1\0 Ve R '
Address `. 0, 1OX (IA`i Street Address/State Road/Lot#(s) 1.
City &i f'E(\t/ i k 1 e state NC ZIP e -Ig 3 S Comber �I�c\.
Phone#(Ile) L p (p -Otpa5-Fax#( ) Subdivision F c- tAre t .s Ickori
Authorized AgentIX;ytI) ke 11Ary, City VA; t t M1 t2J A 0r1 ZIP �`-i' 1 I
Affected ❑CW OM PTA ❑ES ❑PTS Phone# ( ) ~NJ I lq River Basin C14 Er (-1-ear
AEC(s): �DEA ❑HHF ❑IH ❑UBA Cl N/A Adj.Wtr. Body A 4I cz n t iG pc ran at /man /unkn)
❑PWS: ❑FC:
ORW: yes / , PNA yes /'no Crit. Hab. yes / no Closest Maj.Wtr. Body Somme
�o
Type of Project/Activity AcACI 4\Ut(1 "0 F k 1ST 1 0 So fl( (S " See c tc-1 l'rf g
,r t lvl Da� £ IO-.*IOr Sur Je i(N t I E 7.-A
(Scale: 1 v�446 / )
Pier(dock)length T yf �
Platform s —
`� 1�— t - C�1 �
Finger pier(s) -- I '' ` l [1/T�_s.
Groin length I t ■■—■■■
number
* ' " I
Bulkhead/Riprap length 7c l " '8
avg distance offshore _.___ .1___
max distance offshore ikE . N. i ■
Basin,channel I I 1 _ + j
1. CO.. • ■F NM�: �:
cubic yards
t
Boat ramp _ ` } or
Boathouse/Boatlift I
Itri : -; =■►
Beach Bulldozingr •
4 - ..�. ^N/ '_.
d j
Other±clrilir
u X 1S I ' 1 1
SNlelm
:�• al.�i■.. �r - tub -
I --.
i i �
t-�j y� --
Shoreline Length �` 1 lJ
SAV: not sure yes c.) ` i ) N - I `
I j ;..
Sandbags: not sure yes! no i � i r
r.
Moratorium: n/a yes i
_t ■ ■
Photos: yes n �_-_.- •—
Waiver Attached: yes n2o - ii '
A building permit may be required by: N'' /4 C 0• . U See note on back regardingr {\� River Basin rules.
Notes/Special Conditions SU, e (A 4-0 - c € C C(-'Ic\ T i ot'�S oc C t\i.., U - 03 09
'`in ' I)-)AA W i J 1-*- , CAOCI \0' (\ab Je on 0 w• n R C_ A DE. c . t_ V A--1-,Di)
% ,'N \y \\ LA 6 \l .
DO,o(1 KE O -
Agent or Applicant Printed N Permit Officer's Signature
.-C� c (�'7
Da I or 0J
Signature **Please read compliance statement on back of permit** Issuing Date Expiration Date
Application Fee(s) Check# Local Planning Jurisdiction Rover File Name

Statement of Compliance and Consistency
This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become
null and void.
This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The
applicant certifies by signing this permit that I)prior to undertaking any activities authorized by this permit,the applicant will
confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local
ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian
landowner(s).
The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available
information and belief,certify that this project is consistent with the North Carolina Coastal Management Program.
River Basin Rules Applicable To Your Project:
Tar-Pamlico River Basin Buffer Rules Other:
Neuse River Basin Buffer Rules
If indicated on front of permit,your project is subject to the Environmental Management Commission's Buffer Rules for the
River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of
Water Quality. Contact the Division of Water Quality at the Washington Regional Office(252-946-6481)or the Wilmington
Regional Office(9 I 0-395-3900)for more information on how to comply with thesebuffer rules.
Division of Coastal Management Offices
Central Office Elizabeth City District Washington District
Mailing Address: 1367 U.S. 17 South 943 Washington Square Mall
1638 Mail Service Center Elizabeth City, NC 27909 Washington, NC 27889
Raleigh, NC 27699-1638 252-264-3901 252-946-6481
Location: Fax: [phone] Fax: [phone]
(Serves:Camden,Chowan,Currituck, (Serves: Beaufort, Bertie, Hertford, Hyde,
Parker Lincoln Building
Dare,Gates, Pasquotank and Perquimans Tyrrell and Washington Counties)
2728 Capital Blvd. Counties)
Raleigh, NC 27604
9I9 733 2293 / I-888-4RCOAST Morehead City District Wilmington District
Fax: [phone] 15 I-B Hwy. 24 127 Cardinal Drive Ext.
Hestron Plaza II Wilmington, NC 28405-3845
Morehead City, NC 28557 910-395-3900
202-808-2808 Fax: [phone]
Fax: [phone] (Serves: Brunswick, New Hanover,
(Serves:Carteret,Craven,Onslow-above Onslow-below New River Inlet-and
New River Inlet-and Pamlico Counties) Pender Counties)
www.nccoastalmanagement.net Revised 10/OS/0I

r'
STATE OF NORTH CAROLINA BEFORE THE NORTH CAROLINA
COASTAL RESOURCES COMMISSION
COUNTY OF NEW HANOVER CRC-VR-10-03
IN THE MATTER OF: ) CORRECTED
PETITION FOR VARIANCE ) FINAL ORDER
BY )
V. PARKER and BECKY H. OVERTON )
This matter was heard on oral arguments and stipulated facts at the regularly scheduled
meeting of the North Carolina Coastal Resources Commission (hereinafter CRC) on 15 July,
2010, in Beaufort, North Carolina pursuant to N.C.G.S. § 113A-120.1 and 15A NCAC 7J.0700,
et seq. Assistant Attorney General Christine A. Goebel appeared for the Department of
Environment and Natural Resources,Division of Coastal Management(DCM);James F. Hopf
appeared on behalf of Petitioners V. Parker Overton and Becky H. Overton.
Upon consideration of the record documents and the arguments of the parties, the CRC
adopts the following:
STIPULATED FACTS
1. Petitioners V. Parker and Becky H. Overton (Petitioners) own oceanfront property
located at 13 Comber Road on Figure Eight Island in New Hanover County, North Carolina
(oceanfront lot). Petitioners also own a lot located at 21 Comber Road, across the street from the
oceanfront lot (interior lot).
2. Both of Petitioners' lots are within the Ocean Hazard Area of Environmental Concern
(AEC), the Inlet Hazard AEC (for Rich's Inlet) and the High Hazard Flood AEC. N.C.G.S. §
113A-118 provides that proposed development requires a CAMA permit.
RECEIVED
1 DCM WILMINGTON, NC
JUL 3 0 2010

•
3. The parties provided to the Commission information about Rich's Inlet from the May
2010 "Inlet Hazard Area Boundaries Update"by Warren and Richardson.
4. The long-term annual erosion rate for Petitioners' property is 2 feet per year. However,
since 1996, the northern end of Figure Eight Island has been subject to chronic erosion as a result
of the northward movement of the main channel of Rich Inlet, and the erosion rates have been in
excess of the 2 feet per year long term average.
5. A diagram shows the oceanfront lot and the historical shorelines. Based on this data,
between 1944 and 1998, the shoreline was accreting at a long-term average of approximately 8
feet per year. From 1944 to 1980, the shoreline accreted at approximately 13 feet per year.
From 1980 to 2006, the shoreline eroded at approximately 13 feet per year.
6. Petitioners' lots have also been hit by storms, including hurricanes in 1996, 1998, 1999
2005, as well as seasonal nor'easters.
7. Petitioners built a 5,379 square-foot house on the oceanfront lot in 1996 according to
New Hanover County property records. Along with the house, Petitioners had constructed
driveways, attached decking, and fencing.
8. On June 3, 2002, Petitioners' house was determined by DCM staff to be "imminently
threatened" as defined by 15A NCAC 7H.0308(a)(2)(B) and accordingly, staff issued CAMA
General Permit#31944D for the installation of a sandbag revetment 6-feet high by 20-feet wide.
9. In July of 2003 the CRC granted a variance for Petitioners and 14 neighboring oceanfront
owners on the north end of Figure Eight Island to increase the size of the sandbag revetment
from 6-feet high and 20-feet wide to 10-feet high and 40-feeet wide. The Variance did not
RECEIVED
DCr PM IIIJGtdN , (4C 2
.`,✓
JUL 302010

L
extend the time for the sandbags to remain past the originally permitted deadline. For
Petitioners' property, the deadline to remove the bags was May 2008.
I0_ Based on the CRC's variance, CAMA General Permit #31944D was revised accordingly
and reissued on September 4, 2003, permitting the larger sandbag structure but with the same
removal date of May 2008.
11. Petitioners previously submitted a CAMA Variance Request on February 28, 2008,
seeking to maintain a sandbag revetment on their oceanfront lot. That variance request remains
pending.
12. On February 23, 2009, DCM issued CAMA Minor Permit#09-005 to Petitioners
authorizing the relocation of the existing single-family residence from the Petitioners' oceanfront
lot to Petitioners' vacant interior lot.
13. On or about February 12, 2010, Petitioners' residence was relocated to the interior lot.
14. On March 15,2010, DCM staff sent a letter to Petitioners notifying them that 15A NCAC
. 7H.0308(a)(2)(H) and 7H.0308(a)(2)(C) required them to remove the sandbags that had been
placed to protect the "imminently threatened"residence while it was on the oceanfront lot.
15. After the residence was relocated to the interior lot, the remaining development on the
oceanfront lot includes the concrete driveway, the concrete house pad and patios, the fencing, the
septic system, electrical boxes, irrigation system and landscaping.
16. Petitioners are currently attempting to determine what uses can be made of the oceanfront
lot. Development is limited by the existing vegetation line and the associated 60-foot minimum
oceanfront setback, as well as county regulations, restrictive covenants and other regulations.
3 RECEIVED
DCM WILMINGTON, NC
JUL 3 0 2010

17. At this time the sandbags on the north end of Figure Eight Island stretch from 8 Inlet
Hook (closest to the inlet) to 5 Comber Road (furthest from the inlet), covering 19 lots. It
extends approximately 1730 linear feet. Most of the sandbags in this line are 10 feet high by 40
feet wide, pursuant to the 2003 Variance.
18. If Petitioners' sandbags were removed, a gap approximately 90 linear feet long would
occur in the overall revetment.
19. Petitioners seek a variance from the provisions in 7H.0308(a)(2)(C), 7H.0308(a)(2)(F),
7H.0308(a)(2)(G), 7H.0308(a)(2)(H), and 7H.0308(a)(2)(M), so that they are not required to
remove the existing sandbags from their now-vacant oceanfront lot at this time. Petitioners also
seek a variance from the corresponding provisions in 7H.1700 et seq., the General Permit for
Emergency Work Requiring a CAMA and/or Dredge and Fill Permit (the GP for sandbags),
which is what Petitioners' CAMA permits were issued pursuant to.
20. House Bill 709 (S,L. 2009-479), signed into law on August 26, 2009, required a
moratorium by DCM on sandbag enforcement which lasts through September 1, 2010. This law
also provides an exception to the moratorium for sandbags which are no longer protecting an
imminently threatened structure. Because of this exception, staff sent the March 15, 2010
removal letter to Petitioners.
21. The neighbors on each side of Petitioners' oceanfront lot, the Cagneys and the Nelsons,
support the granting of this variance and provided affidavits describing their concerns.
22. During extreme high tides, storm events, and other occasions when the ocean waves
reach the sandbags, the areas immediately adjacent to a sandbag gap resulting from the removal
of the Overton sandbags on adjoining properties will likely experience accelerated erosion.
R 1FD 4
DCM.WILM1NS-ON; NC.
JUL 302010

CONCLUSIONS OF LAW
1. The CRC has jurisdiction over the parties and the subject matter.
2. All notices for the proceeding were adequate and proper.
3. The Petitioners have demonstrated that strict application of Rule 15A NCAC 7H
.0308 to the permit will result in unnecessary hardship. Strict application of Rule 15A NCAC
7H .0308 would cause accelerated erosion to Petitioners' property. To remove the existing bags
now, before the bags are removed on the adjacent property, may create a 90 linear foot gap in the
larger structure that could cause accelerated erosion to Petitioners' property and is an
unnecessary hardship.
4. The Petitioners have demonstrated that this hardship results from conditions
peculiar to Petitioners' property such as the location, size, or topography of the property. The
Petitioners' property is located on the northern end of Figure Eight Island and their sandbags are
part of a much larger sandbag revetment. Petitioners relocated their residence while the adjacent
property owners have not. Petitioners have shown that if they are required to remove the
sandbags, this may cause unnecessary hardship of accelerated erosion to Petitioners' property
where there would be a gap in the larger sandbag revetment, a situation which is peculiar to the
position of Petitioners' property relative to the larger sandbag revetment and the neighboring
properties.
5. The Petitioners have demonstrated that this hardship does not result from actions
they have taken. The primary hardship is due to the peculiarity of the possible erosion at the gap
in the sandbag revetment on the Petitioners' lot. This accelerated erosion did not result from any
action taken by the Petitioners.
5
RECEIVED
DCM WILMINGTON, NC
JUL 302010

6. The Petitioners have demonstrated (a) that the requested variance is consistent
with the spirit, purpose and intent of the Commission's rules, (b) that it will secure public safety
and welfare, and (c) that it will preserve substantial justice. The proposed project will be
consistent with the spirit, purpose, and intent of the CRC's rules in that Petitioners are seeking to
prevent the creation of a small gap in the overall sandbag structure, which might have the
deleterious effect of increasing erosion at that point and might jeopardize the integrity of the
entire sandbag revetment.
ORDER
THEREFORE, the variance from 15A NCAC 7H.0308 is granted conditioned upon
Petitioners removal of the "dog fence"and associated concrete.
The granting of this variance does not relieve Petitioners of the responsibility for
obtaining a CAMA permit from the proper permitting authority.
This variance is based upon the Stipulated Facts set forth above. The Commission
reserves the right to reconsider the granting of this variance and to take any appropriate action
should it be shown that any of the above Stipulated Facts is not true.
This the 27th day of July 2010.
Robert R. Emory, Jr., Chairman
Coastal Resources Commission
REcv o 6
EI
D0411VI NFNGTON, NC
JUL 3 0 2010

CERTIFICATE OF SERVICE
This is to certify that I have this day served the foregoing FINAL ORDER upon the
parties by the methods indicated below:
V. Parker and Becky H. Overton CERTIFIED MAIL/
3933 Mobleys Bridge Road RETURN RECEIPT REQUESTED
Grimesland,NC 27837 and Electronic Mail [e-mail]
James F. Hopf U.S. MAIL
Hopf& Higley, P.A. and Electronically [e-mail]
1694 E. Arlington Blvd., Suite E
Greenville, NC 27858
Christine A. Goebel Electronically CGoebel@a,ncdoi.gov
Assistant Attorney General
N.C. Department of Justice
James H. Gregson Electronically [e-mail]
Angela Willis Angela.Willisna,ncdenr.gov
Division of Coastal Management
400 Commerce Avenue
Morehead City,NC 28557
This the 271h day of July 2010.
Jennie Wilhelm Hauser
Special Deputy Attorney General
N.C. Department of Justice
P.O. Box 629
Raleigh,N. C. 27602
Commission Counsel
7
RECEIVED
DCM WILMINGTON, NC
JUL 302010

•
• 47;4%
Reply to:
State of North Carolina Jennie Wilhelm Hauser
Environmental Division
Department of Justice 9001 Mail Service Center
Raleigh,NC 27699-9001
ROY COOPER PO Box 629 Tel: [phone]
Attorney General Raleigh, North Carolina Fax:[phone]
27602
C-- July 27, 2010
V. Parker and Becky H. Overton CERTIFIED MAIL/
3933 Mobleys Bridge Rd. RETURN RECEIPT REQUESTED
Grimesland, NC 27837 electronically [e-mail]
James F. Hopf U.S. MAIL
Hopf&Higley, P.A. electronically jim(a,hopfhiglev.com
1694 E. Arlington Blvd., Suite E
Greenville,NC 27858
Re: Variance Request for Coastal Area Management Act(CAMA) Permit,
CRC-VR-10-03
Dear Mr. and Mrs. Overton and Mr. Hopf:
At its July 15,2010 meeting,the Coastal Resources Commission granted your variance request.
Attached is a copy of the Corrected Final Order, signed by the Chairman of the Coastal Resources
Commission. Prior to undertaking the development for which you sought a variance,you must first
obtain a CAMA permit from your local permitting authority or the Division of Coastal Management.
You must also obtain any other permits that are required for your proposed development. Please note
that you must comply with the conditions placed on the variance; to wit removal of the "dog
fences'and associated concrete. This re-statement of the condition placed on the variance more
closely conforms to the motion and vote of the Commission than did the statement contained in •
the document you were mailed yesterday.
Sincerely,
•
Jennie Wilhelm Hauser
• Special Deputy Attorney General
cc: Christine A. Goebel, Esq., electronically RECEIVED
James H. Gregson,'electronically 0CM WILMINGTON, NC
Angela Willis, DCM Morehead City, electronically
Robert R. Emory, Jr., Chairman of CRC, electronically JUL 2 7 2010

"s
, --)14 0.1?
'f,"

t e
STATE OF NORTH CAROLINA BEFORE THE NORTH CAROLINA
COASTAL RESOURCES COMMISSION
COUNTY OF NEW HANOVER CRC-VR-10-03
IN THE MATTER OF: ) CORRECTED
PETITION FOR VARIANCE ) FINAL ORDER
BY
V. PARKER and BECKY H. OVERTON )
This matter was heard on oral arguments and stipulated facts at the regularly scheduled
meeting of the North Carolina Coastal Resources Commission (hereinafter CRC) on 15 July,
2010, in Beaufort, North Carolina pursuant to N.C.G.S. § l 13A-120.1 and 15A NCAC 7J.0700,
et seq. Assistant Attorney General Christine A. Goebel appeared for the Department of
Environment and Natural Resources, Division of Coastal Management(DCM); James F. Hopf
appeared on behalf of Petitioners V. Parker Overton and Becky H. Overton.
Upon consideration of the record documents and the arguments of the parties, the CRC
adopts the following:
STIPULATED FACTS
1. Petitioners V. Parker and Becky H. Overton (Petitioners) own oceanfront property
located at 13 Comber Road on Figure Eight Island in New Hanover County, North Carolina
(oceanfront lot). Petitioners also own a lot located at 21 Comber Road, across the street from the
oceanfront lot(interior lot).
2. Both of Petitioners' lots are within the Ocean Hazard Area of Environmental Concern
(AEC), the Inlet Hazard AEC (for Rich's Inlet) and the High Hazard Flood AEC. N.C.G.S. §
113A-118 provides that proposed development requires a CAMA permit.
REtLE1VED
DCM WILMINGTON, NC
1 JUL 2 7 2010

•
3. The parties provided to the Commission information about Rich's Inlet from the May
2010 "Inlet Hazard Area Boundaries Update"by Warren and Richardson.
4. The long-term annual erosion rate for Petitioners' property is 2 feet per year. However,
since 1996, the northern end of Figure Eight Island has been subject to chronic erosion as a result
of the northward movement of the main channel of Rich Inlet, and the erosion rates have been in
excess of the 2 feet per year long term average.
5. A diagram shows the oceanfront lot and the historical shorelines. Based on this data,
between 1944 and 1998, the shoreline was accreting at a long-term average of approximately 8
feet per year. From 1944 to 1980, the shoreline accreted at approximately 13 feet per year.
From 1980 to 2006, the shoreline eroded at approximately 13 feet per year.
6. Petitioners' lots have also been hit by storms, including hurricanes in 1996, 1998, 1999
2005, as well as seasonal nor'easters.
7. Petitioners built a 5,379 square-foot house on the oceanfront lot in 1996 according to
New Hanover County property records. Along with the house, Petitioners had constructed
driveways, attached decking, and fencing.
8. On June 3, 2002, Petitioners' house was determined by DCM staff to be "imminently
threatened" as defined by 15A NCAC 7H.0308(a)(2)(B) and accordingly, staff issued CAMA
General Permit#31944D for the installation of a sandbag revetment 6-feet high by 20-feet wide.
9. In July of 2003 the CRC granted a variance for Petitioners and 14 neighboring oceanfront
owners on the north end of Figure Eight Island to increase the size of the sandbag revetment
from 6-feet high and 20-feet wide to 10-feet high and 40-feeet wide. The Variance did not
RECEIVED
DCM WILMINGTON, NC
JUL 2 7 2010
2

•
extend the time for the sandbags to remain past the originally permitted deadline. For
Petitioners' property,the deadline to remove the bags was May 2008.
10. Based on the CRC's variance, CAMA General Permit #31944D was revised accordingly
and reissued on September 4, 2003, permitting the larger sandbag structure but with the same
removal date of May 2008.
11. Petitioners previously submitted a CAMA Variance Request on February 28, 2008,
seeking to maintain a sandbag revetment on their oceanfront lot. That variance request remains
pending.
12. On February 23, 2009, DCM issued CAMA Minor Permit#09-005 to Petitioners
authorizing the relocation of the existing single-family residence from the Petitioners' oceanfront
lot to Petitioners' vacant interior lot.
13. On or about February 12, 2010, Petitioners' residence was relocated to the interior lot.
14. On March 15, 2010,DCM staff sent a letter to Petitioners notifying them that 15A NCAC
7H.0308(a)(2)(H) and 7H.0308(a)(2)(C) required them to remove the sandbags that had been
placed to protect the"imminently threatened"residence while it was on the oceanfront lot.
15. After the residence was relocated to the interior lot, the remaining development on the
oceanfront lot includes the concrete driveway, the concrete house pad and patios, the fencing, the
septic system, electrical boxes, irrigation system and landscaping.
16. Petitioners are currently attempting to determine what uses can be made of the oceanfront
lot. Development is limited by the existing vegetation line and the associated 60-foot minimum
oceanfront setback, as well as county regulations, restrictive covenants and other regulations.
REQEIVED
DCM WILMINGTON, NC
3 JUL 2 7 2010

•
17. At this time the sandbags on the north end of Figure Eight Island stretch from 8 Inlet
Hook (closest to the inlet) to 5 Comber Road (furthest from the inlet), covering 19 lots. It
extends approximately 1730 linear feet. Most of the sandbags in this line are 10 feet high by 40
feet wide,pursuant to the 2003 Variance.
18. If Petitioners' sandbags were removed, a gap approximately 90 linear feet Iong would
occur in the overall revetment.
19. Petitioners seek a variance from the provisions in 7H.0308(a)(2)(C), 7H.0308(a)(2)(F),
7H.0308(a)(2)(G), 7H.0308(a)(2)(H), and 7H.0308(a)(2)(M), so that they are not required to
remove the existing sandbags from their now-vacant oceanfront lot at this time. Petitioners also
seek a variance from the corresponding provisions in 7H.1700 et seq., the General Permit for
Emergency Work Requiring a CAMA and/or Dredge and Fill Permit (the GP for sandbags),
which is what Petitioners' CAMA permits were issued pursuant to.
20. House Bill 709 (S.L. 2009-479), signed into law on August 26, 2009, required a
moratorium by DCM on sandbag enforcement which lasts through September 1, 2010. This law
also provides an exception to the moratorium for sandbags which are no longer protecting an
imminently threatened structure. Because of this exception, staff sent the March 15, 2010
removal letter to Petitioners.
21. The neighbors on each side of Petitioners' oceanfront lot, the Cagneys and the Nelsons,
support the granting of this variance and provided affidavits describing their concerns.
22. During extreme high tides, storm events, and other occasions when the ocean waves
reach the sandbags, the areas immediately adjacent to a sandbag gap resulting from the removal
tLtelrtOtsi5dbags on adjoining properties will likely experience accelerated erosion.
DCM WILMINGTON, NC
JUL 2 7 2010 4

•
CONCLUSIONS OF LAW
1. The CRC has jurisdiction over the parties and the subject matter.
2. All notices for the proceeding were adequate and proper.
3. The Petitioners have demonstrated that strict application of Rule 15A NCAC 7H
.0308 to the permit will result in unnecessary hardship. Strict application of Rule 15A NCAC
7H .0308 would cause accelerated erosion to Petitioners' property. To remove the existing bags
now, before the bags are removed on the adjacent property, may create a 90 linear foot gap in the
larger structure that could cause accelerated erosion to Petitioners' property and is an
unnecessary hardship.
4. The Petitioners have demonstrated that this hardship results from conditions
peculiar to Petitioners' property such as the location, size, or topography of the property. The
Petitioners' property is located on the northern end of Figure Eight Island and their sandbags are
part of a much larger sandbag revetment. Petitioners relocated their residence while the adjacent
property owners have not. Petitioners have shown that if they are required to remove the
sandbags, this may cause unnecessary hardship of accelerated erosion to Petitioners' property
where there would be a gap in the larger sandbag revetment, a situation which is peculiar to the
position of Petitioners' property relative to the larger sandbag revetment and the neighboring
properties.
5. The Petitioners have demonstrated that this hardship does not result from actions
they have taken. The primary hardship is due to the peculiarity of the possible erosion at the gap
in the sandbag revetment on the Petitioners' lot. This accelerated erosion did not result from any
action taken by the Petitioners.
REPE.-1VE.D
DCA 7L.MtNGTON, NC
5 JUL 2 7 2010

•
6. The Petitioners have demonstrated (a) that the requested variance is consistent
with the spirit, purpose and intent of the Commission's rules, (b) that it will secure public safety
and welfare, and (c) that it will preserve substantial justice. The proposed project will be
consistent with the spirit, purpose, and intent of the CRC's rules in that Petitioners are seeking to
prevent the creation of a small gap in the overall sandbag structure, which might have the
deleterious effect of increasing erosion at that point and might jeopardize the integrity of the
entire sandbag revetment.
ORDER
THEREFORE, the variance from 15A NCAC 7H.0308 is granted conditioned upon
Petitioners removal of the "dog fence"and associated concrete.
The granting of this variance does not relieve Petitioners of the responsibility for
obtaining a CAMA permit from the proper permitting authority.
This variance is based upon the Stipulated Facts set forth above. The Commission
reserves the right to reconsider the granting of this variance and to take any appropriate action
should it be shown that any of the above Stipulated Facts is not true.
This the 27th day of July 2010.
1,1, /.L . .
u^ot. /� .
Robert R. Emory, Jr., Chairman
Coastal Resources Commission
P L.�%�1VED
DCM WIuntNr;rrN, NC
6
JUL 2 7 2010

•
CERTIFICATE OF SERVICE
This is to certify that I have this day served the foregoing FINAL ORDER upon the
parties by the methods indicated below:
V. Parker and Becky H. Overton CERTIFIED MAIL/
3933 Mobleys Bridge Road RETURN RECEIPT REQUESTED
Grimesland,NC 27837 and Electronic Mail vpoverton(a,earthlink.net
James F. Hopf U.S. MAIL
Hopf& Higley, P.A. and Electronically iimga,hopfhigley.com
1694 E. Arlington Blvd., Suite E
Greenville, NC 27858
Christine A. Goebel Electronically CGoebel(@,,ncdoj.gov
Assistant Attorney General
N.C. Department of Justice
James H. Gregson Electronically Jim.Gregson(&ncdenr.gov
Angela Willis Angela.Willisncdenr.gov
Division of Coastal Management
400 Commerce Avenue
Morehead City,NC 28557
This the 27th day of July 2010.
aza:2120444_,--
Jennie Wilhelm Hauser
Special Deputy Attorney General
N.C. Department of Justice
P.O. Box 629
Raleigh,N. C. 27602
Commission Counsel
RECEIVED
DCM WILMINGTON, NC
7 JUL 2 7 2010

i t
• ' r,.siura 9 a `
4---...'';',- )
(,. ...
Environmenta:Div. :,..
State of North Carolina 'ennien�il„eImtanser
Environmental on
Department of Justice 9001 Mail So-vice Cent
er
ROY COOPER PO Box 629 Tel: (9I9)7I6-6 0
00
I
Attorney General Raleigh, North Carolina Fax'2919)7164)767
27602
July 26, 2010
V. Parker and Becky H. Overton CERT 'TIED MAIL/
3933 Mobleys Bridge Rd. RE RN RECEIPT REQUESTED
Grimesland, NC 27837 e ,ctronically vpoverton uearthlink.net
James F. HopA 15.S. MAIL
1-iopf& Higley, P.A. electronically jimrilhaplhi<glev.com
1694 E. Arlington Blvd., Suite E
Greenville, NC 27858
Re: Variance Request for ' oastal Area Management Act (CAMA) Permit,
CRC-V R-10-03
Dear Mr. and Mrs. Overton an Mr. Hopi':
At its July 15,2010 eeting,the Coastal Resources Commission granted your variance request.
Attached is a copy of the ' dcr, signed by the Chairman of the Coastal Resources Commission. Prior
to undertaking the deve •pment for which you sought a variance,you must first obtain a CAMA permit
from your local perm'Ming authority or the Division of Coastal Management. You must also obtain
any other permits tl at are required for your proposed development. Additionally, you must comply
with the conditiol -placed on the variance; to wit removal of the"dog fence" and concrete materials
remaining from le relocation of the house.
Sincerely,
Jennie Wilhelm Hauser
Special Deputy Attorney General
ce: Christine A. Goebel, Esq., electronically
James H. Gregson, electronically
Angela Willis. D.CM Morehead City, electronically RECEIVED
Robert R. Emory, Jr., Chairman of CRC, electronically
RI 27 2010
--- t`,1t Vi/11,1v11NGTON, NC

STATE OF NORTH CAROLINA BEFORE THE NORTH CAROLINA
COASTAL RESOURCES COMMISSION
COUNTY OF NEW HANOVER CRC-VR-10-03
IN THE ;MATTER OF: )
PETITION FOR VAR]ANCE ) FINAL ORDER
BY )
V. PARKER and BECKY H. OVERTON )
This matter was heard on oral arguments and stipulated facts at the regularly scheduled
meeting of the North Carolina Coastal Resources Commission (hereinafter CRC) on 15 July,
2010, in Beaufort, North Carolina pursuant to N.C.G.S_ § 11 3A-120.1 and ISA NCAC 7J.0700,
et seq. Assistant Attorney General Christine A. Goebel appeared for the Department of
Environment and Natural Resources, Division of Coastal Management(DCM);James F. liopf
appeared on behalf of Petitioners V. Parker Overton and Becky H. Overton.
Upon consideration of the record documents and the arguments of the parties, the CRC
adopts the following:
STIPULATED FACTS
1. Petitioners V. Parker and Becky H. Overton (Petitioners) own oceanfront property
located at 13 Comber Road on Figure Eight Island in New Hanover County, North Carolina
(oceanfront lot). Petitioners also own a lot located at 21 Comber Road, across the street from the
oceanfront lot (interior lot).
2. Both of Petitioners' lots arc within the Ocean Hazard Area of Environmental Concern
(AEC), the inlet Hazard AEC (for Rich's Inlet) and the High Hazard Flood AEC. N.C.G.S. §
1 13A-118 provides that proposed development requires a CAMA permit.
' RECEIVED
JUL 272010
DCM WILMINGTON, NC

3. The parties provided to the Commission information about Rich's Inlet from the May
2010 "Inlet Hazard Area Boundaries Update" by Warren and Richardson.
4. The long-term annual erosion rate for Petitioners' property is 2 feet per year. However,
since i 996, the northern end of Figure Eight Island has been subject to chronic erosion as a result
of the northward movement of the main channel of Rich Inlet, and the erosion rates have been in
excess of the 2 feet per year long term average.
5. A diagram shows the oceanfront lot and the historical shorelines. Based on this data,
between 1944 and 1998, the shoreline was accreting at a long-term average of approximately 8
feet per year. From 1944 to 1980, the shoreline accreted at approximately 13 feet per year.
From 1980 to 2006, the shoreline eroded at approximately 13 feet per year.
6. Petitioners' lots have also been hit by storms, including hurricanes in 1996, 1998, 1999
2005, as well as seasonal nor'eastcrs.
7. Petitioners built a 5,379 square-foot house on the oceanfront lot in 1996 according to
New Hanover County property records. Along with the house, Petitioners had constructed
driveways; attached decking, and fencing.
8. On June 3, 2002, Petitioners' house was determined by DCM staff to be "imminently •
threatened" as defined by 15A NCAC 714.0308(a)(2)(B) and accordingly, staff issued CA'4A
General Permit #31.944D for the installation of a sandbag revetment 6-feet high by 20-feet wide.
9. In July of 2003 the CRC granted a variance for Petitioners and 14 neighboring oceanfront
owners on the north end of Figure Eight Island to increase the size of the sandbag revetment
from 6-feet high and 20-feet wide to 10-feet high and 40-feeet wide. The Variance did not
RECEIVED
2
JUL 272010
DCM WILMINGTON, NC

extend the time for the sandbags to remain past the originally permitted deadline. For
Petitioners' property, the deadline to remove the bags was May 2008.
10. Based on the CRC's variance, CAMA General Permit #31944D was revised accordingly
and reissued on September 4, 2003, permitting the larger sandbag structure but with the same
removal date of May 2008.
11. Petitioners previously submitted a CAMA Variance Request on February 28, 2008,
seeking to maintain a sandbag revetment on their oceanfront lot. That variance request remains
pending.
12. On February 23, 2009, DCM issued CAMA Minor Permit#09-005 to Petitioners
authorizing the relocation of the existing single-family residence from the Petitioners' oceanfront
lot to Petitioners' vacant interior lot.
13. On or about February 12, 2010, Petitioners' residence was relocated to the interior lot.
I4. On March 15, 2010, DCM staff sent a letter to Petitioners notifying them that 15A NCAC
71-1.0308(a)(2)(H) and 7H..0308(a)(2)(C) required them to remove the sandbags that had been
placed to protect the."imminently threatened" residence while it was on the oceanfront lot.
15. After the residence was relocated to the interior lot, the remaining development on the
oceanfront lot includes the concrete driveway, the concrete house pad and patios, the fencing, the
septic system, electrical boxes, irrigation system and landscaping.
16. Petitioners are currently attempting to determine what uses can be made of the oceanfront
lot. Development is limited by the existing vegetation line and the associated 60-foot minimum
oceanfront setback, as well as county regulations, restrictive covenants and other regulations.
RECEIVED
3
JUL 272010
DCM WILMINGTON, NC

4 4
17. At this time the sandbags on the north end of Figure Eight Island stretch from 8 Inlet
Hook (closest to the inlet) to 5 Comber Road (furthest from the inlet), covering 19 lots. It
extends approximately 1730 linear feet. Most of the sandbags in this line arc 10 feet high by 40
feet wide,pursuant to the 2003 Variance.
18. If Petitioners' sandbags were removed, a gap approximately 90 linear feet long would
occur in the overall revetment.
19. Petitioners seek a variance from the provisions in 711.0308(a)(2)(C), 7H..0308(a)(2)(F),
7H.0308(a)(2)(G), 71-1.0308(a)(2)(H), and 7H.0308(a)(2)(M), so that they are not required to
remove the existing sandbags from their now-vacant oceanfront lot at this time. Petitioners also
seek a variance from the corresponding provisions in 7H.1700 et seq., the General Permit for
Emergency Work Requiring a CAMA and/or Dredge and Fill Permit (the GP for sandbags),
which is what Petitioners' CAVIA permits were issued pursuant to.
20. House Bill 709 (S.L. 2009-479), signed into law on August 26, 2009, required a
moratorium by DCM on sandbag enforcement which lasts through September 1, 2010. This law
also provides an exception to the moratorium for sandbags which are no longer protecting an
imminently threatened structure. Because of this exception, staff sent the March 15, 2010
removal letter to Petitioners.
21. The neighbors on each side of Petitioners' oceanfront lot, the Cagneys and the Nelsons,
support the granting of this variance and provided affidavits describing their concerns.
22. During extreme high tides, storm events, and other occasions when the ocean waves
reach the sandbags, the areas immediately adjacent to a sandbag gap resulting from the removal
of the Overton sandbags on adjoining properties will likely experience accelerated erosion.
• RECEIVED
4
JUL 2 7 2010
ACM WILMINGTON, NC

•
CONCLUSIONS OF LAW
i. The CRC has jurisdiction over the parties and the subject matter.
�. All notices for the proceeding were adequate and proper.
3. The Petitioners have demonstrated that strict application of Rule 15A NCAC 7H.
.0308 to the permit will result in unnecessary hardship. Strict application of Rule 15A NCAC
7H .0308 would cause accelerated erosion to Petitioners' property. To remove the existing bags
now, before the bags are removed on the adjacent property, may create a 90 linear foot gap in the
larger structure that could cause accelerated erosion to Petitioners' property and is an
unnecessary hardship.
4. The Petitioners have demonstrated that this hardship results from conditions
peculiar to Petitioners' property such as the location, size, or topography of the property. The
Petitioners' property is located on the northern end of Figure Eight Island and their sandbags are
part of a much larger sandbag revetment. Petitioners relocated their residence while the adjacent
property owners have not. Petitioners have shown that if they are required to remove the
sandbags, this may cause unnecessary hardship of accelerated erosion to Petitioners' property
where there would be a gap in the larger sandbag revetment, a situation which is peculiar to the
position of Petitioners' property relative to the larger sandbag revetment and the neighboring
properties.
5. The Petitioners have demonstrated that this hardship does not result from actions
they have taken. The primary hardship is due to the peculiarity of the possible erosion at the gap
in the sandbag revetment on the Petitioners' lot. This accelerated erosion did not result from any
action taken by the Petitioners.
PFCEIVED
5 JUUL272010
tV; .WIL ,Liksk anON, NC

6. The Petitioners have demonstrated (a) that the requested variance is consistent
with the spirit, purpose and intent of the Commission's rules, (b) that it will secure public safety
and welfare, and (c) that it will preserve substantial justice. The proposed project will be
consistent with the spirit,purpose, and intent of the CRC's rules in that Petitioners are seeking to
prevent the creation of a small gap in the overall sandbag structure, which might have the
deleterious effect of increasing erosion at that point and might jeopardize the integrity of the
entire sandbag revetment.
ORDER
THEREFORE, the variance from 1SA NCAC 711.0308 is granted conditioned upon
Petitioners removal of the"dog fence" and the concrete associated with relocating the house.
The granting of this variance does not relieve Petitioners of the responsibility for
obtaining a CAMVMA permit from the proper permitting authority.
This .variance is based upon the Stipulated Facts set forth above. The Commission
reserves the right to reconsider the granting of this variance and to take any appropriate action
should it be shown that any of the above Stipulated Facts is not true.
This the 26 1 day of July 2010.
Robert R. Emory, Jr., ChSiirman
Coastal Resources Commission
RECEIVED
6 JUL 272010
b M WItMtNGTON, NC

• - -
•
r
CERTIFICATE OF SERVICE
This is to certify that I have this day served the foregoing FINAL ORDER upon the
parties by the methods indicated below:
V. Parker and Becky H. Overton CERTIFIED MAIL/
3933 Mobleys Bridge Road RETURN RECEIPT REQUESTED
Grimesland, NC 27837 and Electronic Mail [e-mail]
James F. Hopi L.S. MAIL
Hopf&Higley, P.A. and Electronically [e-mail]
1694 E. Arlington Blvd., Suite E
Greenville, NC 27858
Christine A. Goebel Electronically [e-mail]
Assistant Attorney General
N.C. Department of Justice
James H. Gregson Electronically [e-mail]
Angela Willis Anaela.Willis cuncdenr.gov
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
This the 26`!' day of July 2010.
Z
Jennie Wilhelm Hauser
Special Deputy Attorney General
N.C. Department of Justice
P.O. Box 629
Raleigh, N. C. 27602
Commission Counsel
RECEIVED
7 JUL 272010
^F'V Wil.MINGTON, NC