TB_21-07_ Topsail (2)

,
RECEIVED
Issued by WIRO ISSUED PURSUANT TO
Topsail Beach JUN 2 8 2021 VARIANCE CRC-VR-21-02
Permit Number TB21.07
DCM WILMINGTON, (r/1 IyA M A
I'1
MINOR DEVELOPMENT "Iti
PERMIT NORTH CAROLINA
Environmental Quality
as authorized by the State of North Carolina, Department of Environmental Quality
and the Coastal Resources Commission for development in an area of environment
concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area
Management"
Issued to Town of Topsail Beach authorizing development in the Ocean Hazard Area of Environmental Concern (AEC)
at 425 N. Anderson Blvd., 1301 Ocean Blvd. and 1605 Ocean Blvd., in Topsail Beach, Pender County as requested
in the permittee's application dated April 28, 2021, and received by DCM on April 30, 2021. This permit, issued on June
21, 2021, is subject to compliance with the application and site details (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 is authorized by and under the Coastal Resources Commission Variance—Final Order dated June 18,2021.All
proposed development and associated construction for beach mat installation shall be done in accordance with the site
plan drawings dated and received by DCM on April 30,2021,and subject to the following conditions of CRC Variance Final
Order. (CRC Variance Final Order for CRC-VR-21-02 Attached).
(1) All proposed development and associated construction must be done in accordance with the application package dated
received by the Division of Coastal Management on April 30, 2021.
(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 [phone] for a final inspection at
completion of work.
(Additional Permit Conditions on Page 2)
This permit action may be appealed by the permittee or other qualified persons
within twenty (20) days of the issuing date. This permit must be on the project
site and accessible to the permit officer when the project is inspected for Jason Dail
compliance. Any maintenance work or project modification not covered under CAMA Local Permit Officer
this permit,require further written permit approval.All work must cease when this
permit expires on: 127 Cardinal Drive Extension
Wilmington, NC 28405-3845
December 31,2024
In issuing this permit it is agreed that this project is consistent with the local Land X
-
lisp Plan anri all annlicahle ordinances. This permit may not he transferred to - `"'

Name: Town of Topsail Beach
Minor Permit#TB21.07, CRC-VR-21.02
Date Issued: June 21, 2021
Page 2
(4) The mats shall not extend beyond the oceanward toe of the newly developed berm.
(5) The mats shall not exceed the minimal width necessary(which the Town has identified as five feet).
(6) No bump-outs, landings or similar structures shall be used on the oceanward side of the berm.
(7) The mats shall be properly installed and maintained throughout the season.
(8) The beach mats may be used May 1-September 31 each year as authorized.
(9) The Town shall make every effort to monitor any potential impact to turtles and turtle nesting and take any
necessary steps advised by either USFWS or the WRC.
(10)All unconsolidated material resulting from associated grading and landscaping shall be retained on site by
effective sedimentation and erosion control measures. Disturbed areas shall be vegetatively stabilized (planted
and mulched)within 14 days of construction completion.
(11)Pursuant to 15A NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold or otherwise
disposed of to a third-party.
NOTE: The building code or flood damage prevention ordinance may impose additional more restrictive requirements
than the Division's standards for development in areas of environmental concern(AECs).
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or
authorizations that may be required.
SIGNATURE: ( uti+-61,--/N -�— DATE: te 1 a4
PERMITTEE

I
/C ��� re_ Aid A
Locality Permit Number
. Ocean Hazard Estuarine Shoreline ORW Shoreline Public Trust Shoreline Other
(For official use only)
GENERAL INFORMATION
LAND OWNER-MAILING ADDRESS
Name fitGt.;ail 04- t q5(�1, rert :fir-\
Address (N JCVl � Li�City kRoQC_•k - State 1�(� Zip;�-`6t-1t-ISj Phone °i t U -3g5 - SB4
Email 00 r- or CiNc5 k . N-Ac„rkLtyr)
AUTHORIZED AGENT
Name
Address
City State • Zip Phone
Email
LOCATION OF PROJECT: (Address,street name and/or directions to site;name of the adjacent waterbody.)
at—k\ A C: ° .5 Y-t- tic\ (Yptv. kurt ( , ka ti \ p 1 PDS uA
DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.)
S` UV /?j\ (\i - ViDfNn .I-\a(\i alp ,rarn, =b OteaALLN Ni i S
mew 4 Cnr\
SIZE OF LOT/PARCEL: square feet acres
1v�;:1iLj�iat
PROPOSED USE: Residential ❑ (Single-family❑ Multi-family ❑ ) Commercial/Industrial ❑ Other
•
COMPLETE EITHER(1)OR(2)BELOW(Contact you Local Permit Officer if you are not sure which AEC applies
to your property):
i'(1) OCEAN HAZARD AECs:TOTAL FLOOR AREA OF PROPOSED STRUCTURE: NO A. 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: square feet(includes the area of the foundation 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 Energy,Mineral and Land Resources(DEkIOVED
YES NO V p
ir„�� 1C�t the total hnilt nnnn a,ra/imnervini1c s„rface allowed for your lot or Parcel: t�re�t tz021

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,PIA
Certification,Sand Dune,Sediment Control,Subdivision Approval,Mobile I-Iome Park Approval,Highway Connection,and
others.Check with your Local Permit Officer for more information.
STATEMENT OF OWNERSHIP:
1,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) 2.L 2r. -Cec\
an owner or record title,Title is vested in name of
see Deed Book page in the County Registry of Deeds.
an owner by virtue of inheritance.Applicant is an heir to the estate of
;probate was in County.
if other interest,such as written contract or lease,explain below or use a separate sheet&attach to this application.
NOTIFICATION OF ADJACENT RIPARIAN PROPERTY OWNERS:
I furthermore certif that the followingpersons are owners of properties adjoiningthis property. I affirm that I have given
Y I f1e
ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit.
(Name) nn (Address)
t-`i`4
(I) 0,0- ,ork 'kts p .19 iccr nn
(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.
1 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 aS, day of 41-i` ,20
Landowner or person authorized to act as his/her agent for purpose of filing a CAMA pe in 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$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 congmEtIggen of
any permit.Any person developing in an ABC without permit is subject to civil, criminal and administrative action.
APR 3 0 2021

Locality Permit Number
. Ocean Hazard Estuarine Shoreline ORW Shoreline Public Trust Shoreline Other
(For official use only)
GENERAL INFORMATION
LAND OWNER-MAILING ADDRESS
Name 1 C3t.t}il 04. l (VC-4-1..
2(Lth
Address 5 3 C
City J L i 1 kReac.ln State N�' Zip' 4ys Phone (Ito "3g..t 5$4
Email Ca p,So,t t? e c: _k Or:5 '§-Ail yr)
AUTHORIZED AGENT
Name
Address
City State Zip Phone
Email
LOCATION OF PROJECT: (Address,street name and/or directions to site;name of the adjacent waterbody.)
(1/+ 1 (3(.CeS S 4 - 425 tt �W tLJ 5(At, `ALA
a E.et k\ A'b°S5 1t-4- t30\ l(. t\.rt Ro CivCLa• - ItpDS OcO`��
DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.)
S` Ul;t ))-Pnd\ � - p -1 5;
\Cw ee(Tr\ .
SIZE OF LOT/PARCEL: square feet acres pp
PROPOSED USE: Residential ❑ (Single-family❑ Multi-family ❑ ) Commercial/Industrial ❑ Other
mJi1Ct�ux
•
COMPLETE EITHER(1)OR(2)BELOW(Contact your Local Permit Officer if you are no!sure which AEC applies
to your properly):
i cOCEAN HAZARD AECs:TOTAL FLOOR AREA OF PROPOSED STRUCTURE: NIA- 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: square feet(includes the area of the foundation 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 Energy,Mineral and Land Resources(likli 1\✓ _-
YES NO V
h,.at i,,,.,n avaanl„nPrviratc el rfacr.allowed for your lot or parcel: SCiLMi r&'feet. ''

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,VIA
Certification, Sand Dune, Sediment Control,Subdivision Approval,Mobile Home Park Approval,Highway Connection,and
f ; others.Check with your Local Permit Officer for more information.
STATEMENT OF OWNERSHIP:
CAMA minordevelopment either the owner of property in an AEC or a
1,the undersigned,an applicant for a opermit,being I p Y
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) ,ems. &.-&(Jkc\
an owner or record title,Title is vested in name of
see Deed Book page in the County Registry of Deeds.
an owner by virtue of inheritance.Applicant is an heir to the estate of
;probate was in County.
if other interest,such as written contract or lease,explain below or use a separate sheet&attach to this application.
NOTIFICATION OF ADJACENT RIPARIAN 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)
(I) n‘)1 `AU Cr) i(C 1)
(2)
(3) r.
(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 ipt--t ,20 a
Landowner or person authorized to act as his/her agent for purpose of filing a CAMA pe• in application
This application includes:general information(this form), a site drawing as described an the back of this application, the
ownership statement, the Ocean Hazard AEC Notice where necessmy, 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 he issued. Deviation from these details will congnEtIotter of
any permit.Any person developing in an AEC without permit is subject to civil, criminal and administrative action.
APR 3 0 Z021

425 N Anderson Blvd Beach Access#1A
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The Town is applying to place a 5'wide beach mat from the handicap ramp down to the oceanside toe of the new berm (as shown above).
Enclosed is a brochure with the details of the mat. Should you have any questions about the proposed project, please contact me at 910-328-
5841 or [e-mail]
RECEIVED
APR 3 0 20?1
DCM WILMINGTON, NC

1605 Ocean Blvd. Beach Access #16
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The Town is applying to place a 5'wide beach mat from the handicap ramp down to the oceanside toe of the new berm. (as shown above) Enclosed is a
brochure with the details of the mat. Should you have any questions about the proposed project, please contact me at 910-328-5841 or
cburkePtoi sailbeach.org
RECEIVED
APR 3 0 2021
DCM WILMINGTON, NC

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
FIR C A N1NOA PERMITS
I hereby certify that I own property adjacent to lw►N Of-"1-y 4 1 mac U\ 's
(Name of Property Owner)
property located at i1.00 bCetk;\ 6,UC`' N( es. *tlp _ •
Address, Lot, Block,Road,etc.)
on` - WA.4-=t L UCPG.n , in `-Cpv,C►.i,L , N.C.
(Waterbody) (Topsail Beach, Pender County)
He has described to me as shown in the attached application and project drawing(s),the development he is
proposing at that location, and, I have no objections to his proposal.
(APPLICATION AND DRAWING OF PROPOSED DEVELOPMENT ATTACHED)
Sign
4� ,y . a1 5
Print or Tye Name
'7/ - 91/ 2-
Telephone Number •
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/
Date
RECEIVED
•
MAY 1 9 2021
DCM WILMINGTON, NC

1301 Ocean Blvd. Beach Access #14
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The Town is applying to place a 5'wide beach mat from the handicap ramp down to the oceanside toe of the new berm. (as shown above) Enclosed is a
brochure with the details of the mat. Should you have any questions about the proposed project, please contact me at 910-328-5841 or
[e-mail]
RECEIVED
APR 3 0 2021
DCM WILMINGTON, NC

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Roll Dimensions* Roll Anchorage
Product Trade- Part
mark Material Grade Color Number Width Length Diameter weight included
(ft) (ft) (in) (Ibs) in the kit:
206 483 16.5 12 22
206 484 33 14 45 •X connection
PECyC. ♦ 206485 5 50 16 68
°� �<�o AFX #,*'"'Arai. 206486 82 18 111lir Rbi-matior0
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® A lr'S —N sIi 206 488 100 20 135
grHwPy 206494 16.5 12 29
206 495 33 14 58 •Staples 3
Mobi-Mats 100% 0.27 Blue Jay
Recycled 206 496 6.5 50 16 88
Polyester 206 497 82 18 144 z
206 498 100 20 176
*For any customized length,please contact DMS Inc.Phone#[phone] Each kit is equipped with end connectors and
The installation sheet can be downloaded on www.mobi-mat-chair-beach-access-dms.com eyelets to insert the staples provided in the kit. F
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ACCESS ACCESS
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mobi-mat-dms.com
Deschamps Mat Systems Inc. D M S Alt, ❑ - t ,El
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[e-mail] P� �y „ni„m
23• YEARS ••* BSA*** •••,• •
218 Little Falls Road,Unit 11, ®DESCtiAMPS MAT 5Y5TEM5 1�{� •
Cedar Grove,NJ 07009 USA F,fpe�e .
Tel.[phone] ‘14glA „sr

Mobi- .. . Recpath AFX Blue Jay
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and ATVs.
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Adjacent Property Owners for Beach Mat Locations
1. Beach Access#1A-425 N Anderson Blvd
Paul Black
5553 Oleander Drive
Wilmington, NC 28403
John Cummins
271 Moon Meadow Lane
Pittsboro, NC 27312
2. Beach Access#14—1301 Ocean Blvd
Vernon Majors Living Trust
110 Linden Trail
Aberdeen, NC 28315
Paul Anthony Perez Navarro
915 Woodland Dr NW
Wilson, NC 27893
3. Beach Access#16—1605 Ocean Blvd
Sea Vista Homeowners Assoc
PO Box 3100
Topsail Beach, NC 28445
Larry Sauls
1107 Sourwood Circle
Chapel Hill, NC 27517
RECEIVED
APR 301,1'1
nr•RA {A/1 ..-

U.S. Postal ServiceTM
CERTIFIED MAIL° RECEIPT
r` Domestic Mail Only
1-1
For delivery information,visit our website at www.usps.com'.
_ OFFICIAL *3
l Certified Mail Fee
3. ° w
To ve f OF ' m Extra Services&Fees(check box,add teasipAonare) AollIA I
OpSA/L fa Return Receipt(hardcopy) $ J
sEAC H . Q;- 0 Return Receipt(electronic) $ Postmark 1
N O " c A a o L i µ A Certified Mail Restricted Delivery $ O Here 'Cat
D ❑Adult Signature Required $ - -
['Adult Signature Restricted Delivery$
O Postage
Total Postage and Fees 1E 1",c%
$ `1,00
N Sent To
a k,,ctt Lt Scoiy S
April 28, 2021 D Street and Apt.No.,or10 Box No.
N I to-t SOJ tcJDDj C+(C1.2
City,State,ZiP+lak e 1
PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instruction
Larry Sauls
1107 Sourwood Circle
Chapel Hill, NC 27517
To Mr. Sauls,
This letter is to inform you that the Town of Topsail Beach has applied for a CAMA Minor Permit on the
property located at 1605 Ocean Blvd (Beach Access#16) in Topsail Beach, Pender County. As required
by CAMA regulations, I have enclosed a copy of the permit application and projected drawing(s) as
notification of our proposed project.
No action is required from you or you may sign and return the No Objection form enclosed. If you have
questions about the proposed project, please contact me at 910-328-5841 or by mail at the address
below. If you wish to file written comments or objections with the CAMA Minor Permit Program, you
may submit them to: Jason Dail, DCM Field Representative
LPO,Town of Topsail Beach
NC DECl/DCM
127 Cardinal Drive Ext.
Wilmington, NC 28405
Sincerely,
Christina Burke,Assistant Town Manager
Town of Topsail Beach
820 S Anderson Blvd
Topsail Beach, NC 28445
RECEIVED
APR 3 0 2021

U.S. Postal Service`'
CERTIFIED MAIL° RECEIPT
cp Domestic Mail Only
J. For delivery information,visit our website at www.usps.com:-.
y a Certified Mail Fee
TOWN
of ' o $ 3,Lp0
TOP SA L frl E�Mja Services&Fees(check box,add as proptrate) as tI
BEACH [�'Retum Receipt(hardcopY) $.1,� (�c`�
a o a z H c i t o L t N" l� . etum Receipt(electronic) $ r Q, ostmark
_ D ❑Certified Mall Restricted Delivery $ 0' Here
['Adult Signature Required $
El Adult Signature Restricted Delivery$
O Postage
u- $
SS
Total Postage and Fees
$ 1 • DO
April 28, 2021 Sent To ,u
O Street and Apt.No., r Box No.
'bity,State,ZIP+4P
t e- A--e iS
Vernon Majors Living Trust PS Form 3800,April 2015PSN7530.02-000-9047 See Reverse for Instructi•
110 Linden Trail
Aberdeen, NC 28315
To Whom It May Concern,
This letter is to inform you that the Town of Topsail Beach has applied for a CAMA Minor Permit on the
property located at 1301 Ocean Blvd (Beach Access#14) in Topsail Beach, Pender County. As required
by CAMA regulations, I have enclosed a copy of the permit application and projected drawing(s)as
notification of our proposed project.
No action is required from you or you may sign and return the No Objection form enclosed. If you have
questions about the proposed project, please contact me at 910-328-5841 or by mail at the address
below. If you wish to file written comments or objections with the CAMA Minor Permit Program, you
may submit them to: Jason Dail, DCM Field Representative
LPO,Town of Topsail Beach
NC DEQ/DCM
127 Cardinal Drive Ext.
Wilmington, NC 28405
Sincerely,
Christina Burke,Assistant Town Manager
Town of Topsail Beach
820 S Anderson Blvd
Topsail Beach, NC 28445
RECEIVED
APR 3 0 2021

U.S. Postal Service''
CERTIFIED MAIL° RECEIPT
t17
Domestic Mail Only
For delivery information,visit our website at www.usps.com v.
I o
1.4
w. `' O Certified Mail Fee
TOWN OF ' $ f�� Y.� t
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John Cummins PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructio
271 Moon Meadow Lane
Pittsboro, NC 27312
Dear Mr. Cummins,
This letter is to inform you that the Town of Topsail Beach has applied for a CAMA Minor Permit on the
property located at 425 N Anderson Blvd (Beach Access#1A) in Topsail Beach, Pender County. As
required by CAMA regulations, I have enclosed a copy of the permit application and projected
drawing(s) as notification of our proposed project.
No action is required from you or you may sign and return the No Objection form enclosed. If you have
questions about the proposed project, please contact me at 910-328-5841 or by mail at the address
below. If you wish to file written comments or objections with the CAMA Minor Permit Program,you
may submit them to: Jason Dail, DCM Field Representative
LPO,Town of Topsail Beach
NC DEQ/DCM
127 Cardinal Drive Ext.
Wilmington, NC 28405
Sincerely,
Christina Burke,Assistant Town Manager
Town of Topsail Beach
820 S Anderson Blvd
Topsail Beach, NC 28445
RECEIVED
APR 3 0 2021

U.S. Postal Service''
CERTIFIED MAIL° RECEIPT
m Domestic Mail Only
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April 28, 2021 rR Pc1.01 ef NG1uQs.C+_Q
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•S Form 3800 April2015PSN7530-02-000-9047 --R-v-r -f.r In i.,
Paul Anthony Perez Navarro
915 Woodland Dr NW
Wilson, NC 27893
To Mr. Navarro,
This letter is to inform you that the Town of Topsail Beach has applied for a CAMA Minor Permit on the
property located at 1301 Ocean Blvd (Beach Access#14) in Topsail Beach, Pender County. As required
by CAMA regulations, I have enclosed a copy of the permit application and projected drawing(s) as
notification of our proposed project.
No action is required from you or you may sign and return the No Objection form enclosed. If you have
questions about the proposed project, please contact me at 910-328-5841 or by mail at the address
below. If you wish to file written comments or objections with the CAMA Minor Permit Program, you
may submit them to: Jason Dail, DCM Field Representative
LPO,Town of Topsail Beach
NC DEQ/DCM
127 Cardinal Drive Ext.
Wilmington, NC 28405
Sincerely,
Christina Burke,Assistant Town Manager
Town of Topsail Beach
820 S Anderson Blvd
Topsail Beach, NC 28445
RECEIVEC
APR 3 0 20?1

U.S. Postal Service"
CERTIFIED MAIL° RECEIPT
rill Domestic Mail Only
For delivery information,visit our website at www.usps.com,.
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April 28, 2021 r� se to
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City,State,ZIP+4- LL -)-- 1(4 C
Sea Vista Homeowners Assoc PS Form 3800,April 2015 PSN7530-02-000-goal See Reverse for Instructio
PO Box 3100
Topsail Beach, NC 28445
To Whom It May Concern,
This letter is to inform you that the Town of Topsail Beach has applied for a CAMA Minor Permit on the
property located at 1605 Ocean Blvd (Beach Access#16) in Topsail Beach, Pender County. As required
by CAMA regulations, I have enclosed a copy of the permit application and projected drawing(s)as
notification of our proposed project.
No action is required from you or you may sign and return the No Objection form enclosed. If you have
questions about the proposed project, please contact me at 910-328-5841 or by mail at the address
below. If you wish to file written comments or objections with the CAMA Minor Permit Program,you
may submit them to: Jason Dail, DCM Field Representative
LPO,Town of Topsail Beach
NC DEQJDCM
127 Cardinal Drive Ext.
Wilmington, NC 28405
Sincerely,
Christina Burke,Assistant Town Manager
Town of Topsail Beach
820 S Anderson Blvd
Topsail Beach, NC 28445
RECEIVED
APR 3 0 2021

U.S. Postal Service'
CERTIFIED MAIL° RECEIPT
ru Domestic Mail Only
For delivery information,visit our website at www.usps.com
--1
Li S E
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April 28, 2021 r \---6�t``
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City Statg,ZIP}4a • N Yry
PS Form 3800,April 20:3 PSN 7530-02-000-9047 See Reverse for Instructions
Paul Black
5553 Oleander Dr
Wilmington, NC 28403
Dear Mr. Black,
This letter is to inform you that the Town of Topsail Beach has applied for a CAMA Minor Permit on the
property located at 425 N Anderson Blvd (Beach Access#1A) in Topsail Beach, Pender County. As
required by CAMA regulations, I have enclosed a copy of the permit application and projected
drawing(s) as notification of our proposed project.
No action is required from you or you may sign and return the No Objection form enclosed. If you have
questions about the proposed project, please contact me at 910-328-5841 or by mail at the address
below. If you wish to file written comments or objections with the CAMA Minor Permit Program,you
may submit them to: Jason Dail, DCM Field Representative
LPO,Town of Topsail Beach
NC DEQ/DCM
127 Cardinal Drive Ext.
Wilmington, NC 28405
Sincerely,
b\AAA-LL,•e- ZIA-A- 47 e_
Christina Burke,Assistant Town Manager
Town of Topsail Beach
820 S Anderson Blvd
Topsail Beach, NC 28445
RECEIVED
APR 3 0 2021

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PIN: 4223-35-0716-0000 Sale Price: Acres:0 Pender County
Owner: TOWN OF TOPSAIL BEACH Sale Date: LAST_SALE_DATE Land Value:
820 S ANDERSON BLVD RECEIVED Plat: 00040103 Building Value:
Account No: 594481 Total value: 1'978
TOPSAIL BEACH NC,NC 0 0.005 0.01 0.02 mi
Township: TOPSAIL Deferred Value: I ti ' , ' d I ti • , i , I
Deed Ref: 3780/145 APR 3 0 2021
DCM W►�M�NGTON 0 0.01 0.02 0.04 km
Tax Codes: G01 C54 R40 PCL Class:EX-1 1 inch = 82 feet N�I�
Property Heated Sq Feet: -,
Address: 425 N ANDERSON BLVD NCSubdivision: Exempt Amount:30610 w E
April 21, 2021 (►��
Description: IT 1 PR 4/103 nAVln NIXON FSTATF

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Beach Mat Locations
Topsail Beach Public Beach Accesses
Location 1 - 425 N Anderson Blvd. Beach Access #1A
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Location 2 - 1300 Ocean Blvd. Beach Access #14
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Location 3 — 1605 Ocean Blvd. Beach Access #16
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pathway for pedestrians, wheelchair users, strollers, bicycles
and ATVs,
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t Firm, safe and stable,easy for any type of wheelchair,stroller or walker to
maneuver on-providing a smooth continuous surface without gaps.
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Made of 100% recycled rvxj� °�
. ':.;K,; polyester, Mobi-Mat` RecPath'" a 4 TO .• N e �tzs
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RecPathr'channels traffic along designated areas to protect sensitive dunes.
User friendly Cool and smooth surface
The blue AFX Mobi-Mat"RecPath'permeable structure remains cool when
, exposed to very high temperature up to 80'C (176'F),for the benefit of
barefoot beachgoers and disabled people.
- Lightweight and Easy Installation
' Mobi-Mat' is only 0.27 lbsfsgft, facilitating installation and retrieval of a
"}' •" 50'long section by two persons in ten minutes. Installation and retrieval can
""" " � ' & • i' be performed by one person when using our Mobi Roller'".
'-'T Color Blue Jay
,:3 - , ,k ., Easely provides dedicated traffic lanes.It is great for ajp} g6ersons.
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DCM �'ILMINGT N, NC

Statement of Ownership for each property
1. Beach Access #1A - 425 N Anderson Blvd
L! An owner on recorded title. Title is vested in name of Town of Topsail
Beach. See deed book 3780 page 145 in the Pender County Registry of Deeds.
2. Beach Access #14 — 1301 Ocean Blvd
\/ An owner on recorded title. Title is vested in name of Town of Topsail
Beach. See deed book 4310 page 014 in the Pender County Registry of Deeds.
3. Beach Access #16 — 1605 Ocean Blvd
An owner on recorded title. Title is vested in name of Town of Topsail
Beach. See deed book 631 page 216 in the Pender County Registry of Deeds.
RECEIVED
APR 3 0 2021

U.S. Postal Service-
CERTIFIED MAIL° RECEIPT
ROY COOPER ti Domestic Mail Only
Governor
f, For delivery information,visit our website at www.usps.com'.
DIONNE DELLI-GATTI
Secretary In
BRAXTON DAVIS ru Certified Mail Fee
Director
FJt NORTH CAROLINI $
vironntental Qurall Extra Services&Fees(check bogy add fee as appropriate)
r-4 ❑Return Receipt(hardcopy) $
0 ❑Return Receipt(electronic) $ Postmark
May 4, 2021 0 ❑Certified Mail Restricted Delivery $ Here
0 ❑Adult Signature Required $
Adult
CERTIFIED MAIL- 7018 2290 0001 8295 7829 p 0 Posctage Signature Restricted Delivery age
RETURN RECEIPT REQUESTED ru $
fL Total Postage and Fees
$ LlV
�11chae
Town of Topsail Beach o S own off'' I o Fierpsc"l BPri f-,, ' �J� n1�11i
c/o Michael Rose, Town Manager �` sIr7CPS'�( ;r , t�ll�d�
820 S.Anderson Boulevard City,state,ZIP+45
To �_ / .43ecch Nc- 2 g454,5-
Topsail Beach, NC 28445 PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instruction
RE: DENIAL OF CAMA MINOR DEVELOPMENT
PERMITAPPLICATION NUMBER- TB21-07
PROJECT ADDRESS- 425 N.Anderson Blvd., 1301 Ocean Blvd. and 1605 Ocean Blvd.
Dear Mr. Rose:
After reviewing your application in conjunction with the development standards
required by the Coastal Area Management Act (CAMA) and our locally adopted Land Use
Plan and Ordinances, it is my determination that no permit may be granted for the project
which you have proposed.
This decision is based on my findings that your request violates NCGS 113A-
120(a)(8) which requires that all applications be denied which are inconsistent with CAMA
guidelines. Specifically, the development for which you applied consisted of the placement
of beach matting seaward of the First Line of Stable Natural Vegetation (FLSNV) and/or
static vegetation line.
Your proposal is inconsistent with 15A NCAC 7H .0306(a)(1) and 07H .0309(a),
which state the following:
Section 15A NCAC 7H .0306(a)(5) states "With the exception of those types of development
defined in 15A NCAC 07H.0309, no development, including any portion of a building or
structure, shall extend oceanward of the ocean hazard setback. This includes roof overhangs
and elevated structural components that are cantilevered, knee braced, or otherwise extended
beyond the support of pilings or footings. The ocean hazard setback shall be established
based on the following criteria:..."
DEoi
North Carolina Department of Environmental Quality I Division of Coastal Management
Washington Office 1943 Washington Square Mall I Washington,North Carolina 27889 1252.946.6481
Wilmington Office 127 Cardinal rlrn a Pure unr

Town of Topsail Beach
Page 2
May 4, 2021
Section 15A NCAC 07H .0309 (a) states "In all cases, this development shall be permitted only
if it is landward of the vegetation line or static vegetation line, whichever is applicable..."
Should you wish to appeal my decision to the Coastal Resource Commission or request a
variance from the Commission, please contact me so I can provide you with the proper
forms and any other information you may require. The Division of Coastal Management in
Morehead City must receive appeal notices within twenty (20) days of the date of this letter
in order to be considered.
/R se pectfully urs,
/
/ son Dail '
CM Field Representative and Local Permit Officer
_ North Carolina Department of Environmental Quality I Division of Coastal Management

•
SECTION.0700—PROCEDURES FOR CONSIDERING VARIANCE PETITIONS
15 NCAC 07J.0701 VARIANCE PETITIONS
(a) Any person whose application for a CAMA major or minor development permit has been denied or issued with
condition(s) that the person does not agree with may petition for a variance from the Commission by means of the
procedure described in this Section. Before filing a petition for a variance from a rule of the Commission,the person
must seek relief from local requirements restricting use of the property,and there must not be pending litigation between
the petitioner and any other person which may make the request for a variance moot.
(b) The procedure in this Section shall be used for all variance petitions except when:
(I) the Commission determines that more facts are necessary;or
(2) there are controverted facts that are necessary for a decision on the variance petition.
(c) Variance petitions shall be submitted on forms provided by the Department of Environment and Natural Resources.
The following information shall be submitted before a variance petition is considered complete:
(1) the case name and location of the development as identified on the denied permit application;
(2) a copy of the deed to the property on which the proposed development would be located;
(3) a copy of the permit application and denial for the development in question;
(4) the date of the petition, and the name, address, and phone number of the petitioner and his or her
attorney,if applicable;
(5) a complete description of the proposed development,including a site drawing with topographical and
survey information;
(6) a stipulation that the proposed project is inconsistent with the rule from which the petitioner seeks a
variance;
(7) notice of the variance petition sent certified mail, return receipt requested to the adjacent property
owners and persons who submitted written comments to the Division of Coastal Management or the
Local Permit Officer during the permit review process and copies of the documents which indicate that
the certified mail notices were received or that deliveries were attempted;
(8) an explanation of why the petitioner believes that the Commission should make the following findings,
all of which are necessary for a variance to be granted:
(A) that unnecessary hardships would result from strict application of the development rules,
standards,or orders issued by the Commission;
(B) that such hardships result from conditions peculiar to the petitioner's property such as the
location,size,or topography of the property;
(C) that such hardships did not result from actions taken by the petitioner;and
(D) that the requested variance is consistent with the spirit, purpose and intent of the
Commission's rules,standards or orders;will secure the public safety and welfare;and will
preserve substantial justice.
(9) a proposed set of stipulated facts,for staffs consideration,containing all of the facts relied upon in the
petitioner's explanation as to why he meets the criteria for a variance;and
(10) proposed documents, for the staffs consideration, that the petitioner wants the Commission to
consider.
(d) Petitions shall be mailed to the Director of the Division of Coastal Management,Department of Environment and
Natural Resources, 400 Commerce Avenue, Morehead City NC 28557 and to Air and Natural Resources Section,
Environmental Division,Attorney General's Office,9001 Mail Service Center,Raleigh,NC 27699-9001.
(e) A variance petition shall be considered by the Commission at a scheduled meeting. Petitions shall be scheduled in
chronological order based upon the date of receipt of a complete variance petition by the Division of Coastal
Management. A complete variance petition,as described in Paragraph(c)of this Rule,shall be received by the Division
of Coastal Management at least six weeks in advance of a scheduled Commission meeting to be considered by the
Commission at that meeting. If the petitioner seeks to postpone consideration of his or her variance request,the request
shall be treated as though it was filed on the date petitioner requested postponement and scheduled for hearing after all
then pending variance requests.
(f) Writ-ten notice of a variance hearing or Commission consideration of a variance petition shall be provided to the
petitioner and the permit officer making the initial permit decision.
History Note: Authority G.S. 113A-120.1; 113A-124;Eff. December 12, 1979;
Amended Eff December 1, 1991; May 1, 1990; March 1, 1988, February 1, 1983;

Temporary Amendment Eff.December 20,2001;Temporary Amendment Expired October 12,2002;
Temporary Amendment Eff.December 1,2002;Amended Eff March 1,2009;June 1,2005;August 1,
2004.
15A NCAC 07J.0703 PROCEDURES FOR DECIDING VARIANCE PETITIONS
(a) The Commission may review the variance petition and staff recommendation and hear oral presentation by the
petitioner,if any,in full session or may appoint a member or members to do so. In cases where a member or members
are appointed,they shall report a summary of the facts and a recommended decision to the Commission.
(b) The Commission or its appointed member or members shall be provided with copies of the petition,the stipulated
facts,and the staff recommendation before considering the petition.
(c) At the Commission's request,staff shall orally describe the petition to the Commission or its appointed member(s)
and shall present comments concerning whether the Commission should make the findings necessary for granting the
variance. The petitioner shall also be allowed to present oral arguments concerning the petition. The Commission may
set time limits on such oral presentations.
(d) The final decision of the Commission may be made at the meeting at which the matter is heard or in no case later
than the next scheduled meeting. The final decision shall be transmitted to the petitioner by certified mail,return receipt
requested within 30 days of the meeting at which the Commission reached its decision. In the event that the Commission
cannot reach a final decision because it determines that more facts are necessary,it shall remand the matter to staff and
the petitioner with instructions for the parties to either agree to the necessary fact(s)or to request a hearing in the Office
of Administrative Hearings.
(e) Final decisions concerning variance petitions shall be made by concurrence of a majority of a quorum of the
Commission.
(f) To grant a variance,the Commission must affirmatively find each of the four factors listed in G.S. 113A-120.1(a).
(1) that unnecessary hardships would result from strict application of the development rules,standards,or
orders issued by the Commission;
(2) that such hardships result from conditions peculiar to the petitioner's property such as location,size,or
topography;
(3) that such hardships did not result from actions taken by the petitioner;and
(4) that the requested variance is consistent with the spirit,purpose and intent of the Commission's rules,
standards or orders;will secure the public safety and welfare;and will preserve substantial justice.
History Note: Authority G.S. 113A-120.1;
Eff December 12, 1979;
Amended Eff December 1, 1991;March 3, 1981;
Temporary Amendment Eff. December 20, 2001;
Temporary Amendment Expired October 12, 2002;
Temporary Amendment Eff. December 1, 2002;
Amended Eff. March 1, 2009;August 1, 2004.

CAMA VARIANCE REQUEST FORM DCM FORM 11
DCM FILE No.:
PETITIONER'S NAME
COUNTY WHERE THE DEVELOPMENT IS PROPOSED
Pursuant to N.C.G.S. § 113A-120.1 and 15A N.C.A.C. 07J .0700 et seq., the above named
Petitioner hereby applies to the Coastal Resources Commission(CRC) for a variance.
VARIANCE HEARING PROCEDURES
A variance petition will be considered by the CRC at a regularly scheduled meeting, heard in
chronological order based upon the date of receipt of a complete petition. 15A N.C.A.C. 07J
.0701(e). A complete variance petition, as described below, must be received by the Division of
Coastal Management(DCM)a minimum of six(6) weeks in advance of the first day of a
regularly scheduled CRC meeting to be eligible for consideration by the CRC at that meeting.
15A N.C.A.C. 07J .0701(e). The final set of stipulated facts must be agreed to at least four(4)
weeks prior to the first day of a regularly scheduled meeting. 15A N.C.A.C. 07J .0701(e). The
dates of CRC meetings can be found at DCM's website: www.nccoastalmanagement.net
If there are controverted facts that are significant in determining the propriety of a variance,or if
the Commission determines that more facts are necessary, the facts will be determined in an
administrative hearing. 15A N.C.A.C. 07J .0701(b).
VARIANCE CRITERIA
The petitioner has the burden of convincing the CRC that it meets the following criteria:
(a) Will strict application of the applicable development rules, standards, or orders issued
by the Commission cause the petitioner unnecessary hardships? Explain the
hardships.
(b) Do such hardships result from conditions peculiar to the petitioner's property such as
the location, size,or topography of the property? Explain.
(c) Do the hardships result from actions taken by the petitioner? Explain.
(d) Will the variance requested by the petitioner (1) be consistent with the spirit, purpose,
and intent of the rules,standards or orders issued by the Commission; (2) secure the
public safety and welfare; and (3) preserve substantial justice? Explain.
Please make your written arguments that Petitioner meets these criteria on a separate piece of paper.
The Commission notes that there are some opinions of the State Bar which indicate that non-attorneys
may not represent others at quasi-judicial proceedings such as a variance hearing before the

Commission. These opinions note that the practice of professionals, such as engineers, surveyors or
contractors, representing others in quasi-judicial proceedings through written or oral argument, may be
considered the practice of law. Before you proceed with this variance request,you may wish to seek the
advice of counsel before having a non-lawyer represent your interests through preparation of this
Petition.
For this variance request to be complete, the petitioner must provide the information listed
below. The undersigned petitioner verifies that this variance request is complete and
includes:
The name and location of the development as identified on the permit application;
A copy of the permit decision for the development in question;
A copy of the deed to the property on which the proposed development would be located;
A complete description of the proposed development including a site plan;
A stipulation that the proposed development is inconsistent with the rule at issue;
Proof that notice was sent to adjacent owners and objectors, as required by 15A N.C.A.C.
07J .0701(c)(7);
Proof that a variance was sought from the local government per I 5A N.C.A.C. 07J
.0701(a), if applicable;
Petitioner's written reasons and arguments about why the Petitioner meets the four
variance criteria, listed above;
A draft set of proposed stipulated facts and stipulated exhibits. Please make these
verifiable facts free from argument. Arguments or characterizations about the facts
should be included in the written responses to the four variance criteria instead of being
included in the facts.
This form completed, dated, and signed by the Petitioner or Petitioner's Attorney.
}

Due to the above information and pursuant to statute, the undersigned hereby requests a
variance.
Signature of Petitioner or Attorney Date
Printed Name of Petitioner or Attorney Email address of Petitioner or Attorney
( )
Mailing Address Telephone Number of Petitioner or Attorney
( )
City State Zip Fax Number of Petitioner or Attorney
DELIVERY OF THIS HEARING REQUEST
This variance petition must be received by the Division of Coastal Management at least six(6)
weeks before the first day of the regularly scheduled Commission meeting at which it is heard. A
copy of this request must also be sent to the Attorney General's Office, Environmental Division.
15A N.C.A.C. 07J .070I(e).
Contact Information for DCM: Contact Information for Attorney General's Office:
By mail,express mail or hand delivery: By mail:
Director Environmental Division
Division of Coastal Management 9001 Mail Service Center
400 Commerce Avenue Raleigh,NC 27699-9001
Morehead City,NC 28557
By express mail:
{ By Fax: Environmental Division
[phone] 114 W. Edenton Street
Raleigh,NC 27603
By Email:
Check DCM website for the email By Fax:
address of the current DCM Director [phone]
www.nccoastalmanagement.net
Revised: February 2011

0*�"STATE
ROY COOPER
Governor
ytt,:n- • ',tir 'vi
JOHN NICHOLSON �.
Interim Secretary � aunvq�
BRAXTON DAVIS NORTH CAROLINA
Director Environmental Quality
June 21, 2021
Town of Topsail Beach
820 S.Anderson Blvd
Topsail Beach, NC 28445
Dear Mr. Rose,
Attached is CAMA Minor Development Permit TB 21-07 for work to be done at 425 N.Anderson Blvd.,
1301 Ocean Blvd. and 1605 Ocean Blvd. in Topsail Beach, Pender County. An electronic copy has been
sent to the Topsail Beach Inspections Department.
To validate this permit, please sign both copies as indicated for our records. Retain the gold copy for
your files, and return the white copy to us within 20 days of receipt in the enclosed, self-addressed
envelope
This is not a valid permit until it is signed and returned to our office.
Thank you for your prompt attention to this matter.
Sincerely,
Anita M.Webb
Permit Support Technician
N.C. Division of Coastal Management
Enclosures
Cc: WiRO files
TB Inspection Dept.
�—�\ Xinr-ri.rnrnartm n<norrn,n.,r of Cn,irnmmPnral ni taliry I of Cnactal MananvmPnr

STATE OF NORTH CAROLINA ) BEFORE THE NORTH CAROLINA
) COASTAL RESOURCES
COUNTY OF PENDER ) COMMISSION
) CRC-VR-21-02
)
)
IN THE MATTER OF: )
PETITION FOR VARIANCE ) FINAL AGENCY DECISION
BY THE TOWN OF TOPSAIL BEACH )
Petitioner Town of Topsail Beach submitted a request for a variance from the North
Carolina Coastal Resources Commission's ("Commission") rules set forth at 15A NCAC
7H.0306(a)(1), 15 NCAC 07H.0306(a)(2), 15 NCAC 07H.0308(c)(5),and 15ANCAC 07H.0309
to construct ADA-compliant wheelchair ramp access sites that are five feet wide, eighty to a
hundred feet long, and oceanward of the sixty foot setback measured from the static vegetation
line.
Pursuant to N.C. Gen. Stat. § 113A-120.1 and 15A NCAC 7J .0700, et seq., this matter
was heard on oral arguments and facts stipulated to by Petitioner and Respondent Department of
Environmental Quality, Division of Coastal Management ("DCM") at the regularly scheduled
meeting of the Commission on June 16, 2021. Assistant General Counsel Christine A. Goebel,
Esq. appeared for Respondent DCM. Attorney Steve Coggins appeared on behalf of Petitioner.
Also present was Steve Smith, Town Mayor and Michael Rose,Town Manager.
When reviewing a petition for a variance,the Commission acts in a quasi-judicial capacity.
Riggings Homeowners, Inc. v. Coastal Resources Com'n, 228 N.C. App. 630, 652, 747 S.E.2d
301, 314 (2013) (Commission has "judicial authority to rule on variance requests [] `reasonably
necessary' to accomplish the Commission's statutory purpose."); see also Application of Rea
Const. Co.,272 N.C. 715, 718, 158 S.E.2d 887, 890 (1968)(discussing the Board of Adjustment's
1

quasi-judicial role in allowing variances for permits not otherwise allowed by ordinance). In its
role as judge, the Commission"balance[es] competing policy concerns under CAMA's statutory
framework."Riggings, 228 N.C. App. at 649 n.6, 747 S.E.2d at 312.
Petitioner and Respondent DCM are the parties appearing before the Commission. The
parties stipulated to facts and presented relevant documents to the Commission for its
consideration. See, N.C.A.C. 15A 07J .0702(a). If the parties had been unable to reach agreement
on the facts considered necessary to address the variance request, the matter would have been
forwarded to the North Carolina Office of Administrative Hearings("OAH") for a full evidentiary
hearing to determine the relevant facts before coming to the Commission. Id. 07J .0702(d). As in
any court, the parties before the decision-maker are responsible for developing and presenting
evidence on which a decision is made. If DCM and Petitioner had entered into other stipulated
facts, it is possible that the Commission would have reached a different decision. In this case, the
record on which the Commission's final agency decision was made includes the parties'
stipulations of facts, the documents provided to the Commission,and the arguments of the parties.
FACTS STIPULATED TO BY PETITIONER AND DCM
1. Petitioner Town of Topsail Beach("Town") is a North Carolina municipal body
politic organized and existing in Topsail Beach, Pender County,North Carolina. The Town is
represented by Stephen D. Coggin, Esquire, of the law firm Rountree Losee LLP in
Wilmington,North Carolina.
2. The Town owns a series of ocean beach access sites. Three of those access points
have ADA-compliant wheelchair ramps. These three wheelchair ramp access sites are hereinafter
referred to collectively as the"Sites". A Google Earth aerial image for each Site was provided to
2

the Commission as a stipulated exhibit. The address location, beach access number and the date
of the corresponding Google Earth aerial for each Site is as follows:
a. 425 N. Anderson Blvd. (Beach Access# 1A) [3/11/2019]
b. 1301 Ocean Blvd. (Beach Access# 14) [7/9/2018]
c. 1605 Ocean Blvd. (Beach Access# 16) [7/9/2018]
3. The Town owns legal title to the Sites as demonstrated by a copy of three deeds
contained in the Town's CAMA Minor Development Permit Application (#TB21-07) that is the
subject of this variance. A copy of the Town's application, including the deeds, was provided to
the Commission as a stipulated exhibit.
4. According to Town Manager Michael Rose, at each one of the Sites, the
wheelchair ramp leads from a vehicle parking area on down to what was at the time the
waterward toe of the "original" frontal dune where the "dry sand"portion of the public trust
ocean beach begins. Mr. Rose's Affidavit was provided as a stipulated exhibit and is referenced
throughout these facts.
5. According to Town Manager Rose, the distance a wheelchair would have had to
travel at each of the Sites from the bottom of the oceanward toe of the frontal dune in order to
reach the ocean, as measured by Town staff using GIS tools on 2018-19 aerial photos, was
approximately as follows:
a. Access lA at 425 Anderson Blvd(Catherine Ave)— 110 feet
b. Access 14 at 1301 Ocean Blvd(Darden Ave)— 105 feet
c. 1605 Ocean Blvd (Sea Vista) — 112 feet
3

,
6. For many years, the Town has owned two sand wheelchairs that it makes
available for daily use upon request. They are available at no cost on a first-come, first-served
basis at the Town Police Department. Transportation of the wheelchairs to the desired location is
provided by the user. According to Town Manager Rose, demand for wheelchair access to the
ocean is highest in the summer.
7. The General Assembly in 2011 passed Session Law 2011-78, a copy of which
was provided as a stipulated exhibit. This is a local act that preserves rights of littoral access by
oceanfront property owners within the Town, notwithstanding publicly funded beach
renourishment projects raising land which would become state-owned (formerly submerged)
land pursuant to N.C.G.S. 146-6(f).
8. According to Town Manager Rose, since 2011,the town has worked with the
U.S. Army Corps of Engineers and State officials to obtain public funding for, and thereafter
carry out,beach renourishment activities along the Town's shorefront. These taxpayer-funded
beach nourishment efforts were first undertaken in 2011 and such projects have continued since
that time. Portions of the beaches within Topsail Beach have been renourished on six separate
occasions since 2011, and as recently as the winters of 2019-2020 and 2020-2021.
9. According to Town Manager Rose, in continuation of its long-term efforts, the
Town embarked on a beach renourishment project (Project) pursuant to CAMA Major Permit
22-09, a copy of which was provided as a stipulated exhibit to the Commission, over the winters
of 2019-2020 and 2020-2021. This Project was funded through both the Town's long term beach
renourishment efforts (the "30 Year Plan") and coastal storm damage reduction funds made
available in the wake of Hurricanes Matthew and Florence. Sources of funding include the Town
4

Beach, Inlet and Sound(`BIS") fund, State Shallow Draft Inlet Fund, and FEMA
reimbursement.
10. Chris Gibson of TI Coastal is the engineer retained by the Town to monitor all the
Town beach renourishment projects (including the Project) since 2011. He reports the following:
The Project deposited 2.7 million cubic yards of sand on the oceanfront of Topsail Beach. The
Project formed a new engineered dune system waterward of the existing front dune. The new
engineered dune profile tied into the existing grade at about elevation 5' NAVD88 and sloped
upward on a 5H:1V slope to elevation 12'NAVD88. The engineered dune crest then extended
seaward at elevation 12' NAVD88 for 25 feet. The seaward slope of the new engineered dune
was also a 5H:1V slope from the crest elevation(12'NAVD88) to the berm elevation of 5'
NAVD88. This makes the back slope 35 feet wide, the crest 25 feet wide, and the front slope 35
feet wide. The total width of the new engineered dune is 95 feet. The new engineered dune
stretches along the entire length of the Topsail Beach oceanfront and includes the locations of the
three wheelchair ramp Sites. Side elevation drawings of the three Sites, as part of the required
post-Project survey of the new engineered dune profile created by the Project were provided to
the Commission as a stipulated exhibit.
11. According to Town Manager Rose, the Town has planted vegetation on the new
engineered dune. The first plantings were in August-September 2020. A second planting is
scheduled for June and July 2021. Photographs of the new constructed and vegetated engineered
dune in the vicinity of the Sites were provided to the Commission as stipulated exhibits.
12. The engineered dune does not meet the definition of either a primary or frontal
dune, as those are defined in 15A NCAC 7H .0305(a)(3) and(a)(4) where it lacks the elevation
5

of a primary dune and lacks the stable and natural vegetation where the initial vegetation was just
planted last fall and has not yet naturalized.
13. The course to be traveled by either a sand wheelchair or regular wheelchair from
the bottom of the ramps at the Sites in order to get to the water is over the newly constructed
engineered dune. The newly constructed engineered dune system renders wheelchair access at
the Sites from the bottom of the wheelchair ramp to the ocean waters more difficult.
14. According to Town Manager Rose, the Town's engineer advised the Town that
the installation of beach mats would significantly improve and enhance access by wheelchair-
bound persons from the bottom of the wheelchair ramps to the ocean.
15. On April 28, 2021, the Town applied for a CAMA Minor Development Permit
(TB21-07) to install beach mats at the three Sites. A copy of the Town's application was
provided to the Commission as a stipulated exhibit. The proposed locations of the beach mats at
each of the Sites are shown on the Site plans which are part of the Town's application.
16. The Sites are within the Ocean Erodible Area of Environmental Concern, and per
N.C. Gen. Stat. § 113A-118, any development at the Sites requires authorization through a
permit issued pursuant to the Coastal Area Management Act of 1974 (CAMA).
17. The Sites are adjacent to the Atlantic Ocean, the waters of which at this location
are classified as SB waters by the Environmental Management Commission. The Commission's
average annual erosion rate applicable at the three Sites is two feet per year.
18. As described in the Town's CAMA permit application, the beach mats proposed
to be employed in the CAMA permit application are five feet wide and are between eighty to a
6

hundred feet long. In no event will a beach mat extent beyond the oceanward toe of the new
engineered dune.
19. The beach mats for each of the Sites will extend from the bottom of the
wheelchair ramp approximately as follows:
a. Access lA— 103 feet over the engineered dune. (It is another 96 feet to the water
as measured by Town Staff on Site);
b. Access 14—59 feet over engineered dune. (It is another 158 feet to the water as
measured by Town Staff on Site);
c. Access 16— 103 feet over engineered dune. (It is another 183 feet to the water as
measured by Town Staff on Site)
20. The Town seeks a variance allowing the beach mats to be installed and present
year-round. However, the Town currently plans to only install and use the mats only during the
months of May through September each year and understands it can seek a permit modification
if it decides to extend the time for beach mats.
21. According to the sworn statement of Town Manager Rose, the beach mats are
able to be removed in the event of significant weather events resulting in higher-than-normal
tides, and the Town plans to do so when significant weather conditions are predicted or present.
Town Manager Rose notes in his affidavit that the beach mats are easily laid and anchored and
can be removed in the event of significant weather events resulting in higher-than-normal tides.
22. The Karen Beasley Sea Turtle Rescue and Rehabilitation Center in nearby Surf
City, is a North Carolina non-profit corporation which in cooperation with the Town, monitors
sea turtle nests laid in Topsail Island and is locally referred to as the"Turtle Hospital". A letter
of support was provided as a stipulated exhibit to the Commission for the Town's project dated
June 2, 2021 from the Turtle Hospital's Executive Director Ms. Zagzebski. According to a
7

summary provided by Terry Meyers of the Turtle Hospital's "Turtle Patrol"(provided to the
Commission as a stipulated exhibit) the following nesting activity took place in 2018, 2019, and
2020 within the blocks where the Sites are located:
a. Beach Access #1A—425 N Anderson: in 2020 there was one nest located at the
400 block of N. Anderson Drive. In 2019 there were 6 nests in that block. In 2018
there was one nest in the block.
b. Beach Access #14— 1301 Ocean Blvd: in 2020 there was one nest in the block. In
2019 there were 3 nests in that block. In 2018 there were no nests in the block.
c. Beach Access #16 — 1605 Ocean Blvd: There were no nests in the block 2020,
2019 or 2018.
23. The applicable ocean setback in Topsail Beach is the Static Vegetation Line
("SVL"), as indicated by the September 4, 2018 memo from Ken Richardson(Shoreline
Management Specialist with the Division of Coastal Management) to the Commission in file
#CRC-18-18 which was provided to the Commission as a stipulated exhibit. The SVL is the
location where the first line of stable and natural vegetation was located before the 2012 large-
scale beach nourishment project as required by 15A NCAC 7H .0305(a)(6).
24. In the areas of the three Sites, the SVL is located generally landward of the
bottom of the wheelchair ramps at the toe of the"original" frontal dune. The "original" frontal
dune is landward of the new engineered dune. Thus, the proposed beach mats are proposed to be
located oceanward of the applicable 60 foot setback measured landward from the SVL per 15A
NCAC 7H.0306(a)(1).
25. Beach mats have been installed on the beaches of this State (Carolina Beach in
2017, and Topsail Beach in 2019 and 2020 when it was the Town's understanding that no permit
8

was needed). According to Town Manager Rose, the Town is not aware of negative impacts on
the beach.
26. As part of the CAMA minor permit process, the Town sent notice to the adjacent
riparian owners at each Site. These owners are noted in the Application, and information
showing the delivery of this notice was provided to the Commission as a stipulated exhibit.
27. On May 4, 2021, DCM denied the CAMA Minor Permit Application due to the
proposed development's inconsistency with 15A NCAC 7H .0306(a)(1) and 07H .0309(a),which
require development to be landward of the oceanfront setback as measured here from the SVL,
and because the proposed beach mats are not an exception allowed within the setback area per
15A NCAC 07H .0309.-A copy of the denial letter was provided to the Commission as a
stipulated exhibit.
28. 15A NCAC 07H .0309 provides exceptions to the oceanfront setback rules and
allows beach accessways as follows:
In all cases, this development shall be permitted only if it is
landward of the vegetation line or static vegetation line, whichever
is applicable; involves no alteration or removal of primary or
frontal dunes which would compromise the integrity of the dune as
a protective landform or the dune vegetation; has overwalks to
protect any existing dunes; is not essential to the continued
existence or use of an associated principal development; is not
required to satisfy minimum requirements of local zoning,
subdivision or health regulations; and meets all other non-setback
requirements of this Subchapter.
29. 15A NCAC 07H .0308(c) provides as follows:
Structural Accessways:
(1) Structural accessways shall be permitted across primary or frontal
dunes so long as they are designed and constructed in a manner that entails
negligible alteration of the primary or frontal dune. Structural accessways
9

shall not be considered threatened structures for the purpose of Paragraph
(a) of this Rule.
(2)An accessway shall be considered to entail negligible alteration of
primary or frontal dunes provided that:
(A)The accessway is exclusively for pedestrian use;
(B) The accessway is a maximum of six feet in width;
(C)The accessway is raised on posts or pilings of five feet or less depth,
so that wherever possible only the posts or pilings touch the dune.
Where this is deemed by the Division of Coastal Management to be
impossible due to any more restrictive local, state, and/or federal
building requirements, the structure shall touch the dune only to the
extent necessary; and
(D) Any areas of vegetation that are disturbed are revegetated as soon as
feasible.
(3)An accessway that does not meet Part(2)(A) and(B) of this Paragraph
shall be permitted only if it meets a public purpose or need which cannot
otherwise be met and it meets Part(2)(C) of this Paragraph. Public fishing
piers are not prohibited provided all other applicable standards of this Rule
are met.
(4) In order to preserve the protective nature of primary and frontal dunes
a structural accessway(such as a "Hatteras ramp") may be provided for
off-road vehicle (ORV) or emergency vehicle access. Such accessways
shall be no greater than 15 feet in width and may be constructed of
wooden sections fastened together, or other materials approved by the
Division, over the length of the affected dune area. Installation of a
Hatteras ramp shall be done in a manner that will preserve the dune's
function as a protective barrier against flooding and erosion by not
reducing the volume of the dune.
(5) Structural accessways may be constructed no more than six feet
seaward of the waterward toe of the frontal or primary dune, provided they
do not interfere with public trust rights and emergency access along the
beach. Structural accessways are not restricted by the requirement to be
landward of the FLSNV as described in Rule .0309(a) of this Section.
30. The parties agree and stipulate that the possible grant of this variance and
subsequent issuance of a CAMA minor permit does not eliminate the need for the Town to
10

obtain other necessary approvals/permits and/or coordinate with federal agencies regarding other
applicable laws.
31. As part of the variance process, 15A NCAC 7J .0701(c)(7)requires that notice of
the variance petition"be sent certified mail, return receipt requested to the adjacent property
owners and persons who submitted written comments to the Division of Coastal Management ....
during the permit review process and copies of the documents that the certified mail notices were
received or that deliveries were attempted;" Petitioner has provided such notice to the adjacent
property owners, as evidenced by the certified mail information, copies of which were provided
as a stipulated exhibit.
32. As of June 2, 2021, the Town has not received comments in anticipation of this
variance hearing.
33. According to Town Manager Rose, the Town has been in contact with
representatives of the U.S. Fish and Wildlife Service ("USFWS") and the State Wildlife
Resources Commission ("WRC") and has solicited comment and input. In response, the Town
has agreed:
a. The mats would not extend beyond the oceanward toe of the newly developed
berm.
b. The mats would not exceed the minimal amount of width necessary(suggested at
5 feet).
c. No bump-outs, landings, or similar structures would be used on the oceanward
side of the berm.
d. Proper installation and maintenance of the mats throughout the season.
e. The beach mats would only be used during tourist season and would be removed
during the off-season.
f. The Town will make every effort to monitor any potential impact to turtles and
turtle nesting and take the necessary steps as advised by both agencies.
11

34. As shown on copies of communications between the Town and USFWS and
WRC (provided as stipulated exhibits) the WRC agreed with USFWS's comments and stated
that the Town "captured that we have concern for impacts to sea turtle nesting, but that the
design, methodology, and maintenance presented under these circumstances uses a minimized
footprint. We cannot give support or say the project has no impact, but concerns have been
minimized."
35. In a July 20, 2020 memo, DCM Director Braxton Davis advised DCM regulatory
staff and CAMA LPOs about projects related to post-project dune restoration. It described
"emergency berm" projects such as the one at Topsail Beach and gave guidance about how the
CRC's rules related to these projects. A copy of this memo was provided to the Commission as a
stipulated exhibit.
36. 15A NCAC 7H .0306(g) and(h) provide as follows:
(g) Development shall not interfere with legal access to, or use of,
public resources, nor shall such development increase the risk of
damage to public trust areas.
(h) Development proposals shall incorporate measures to avoid or
minimize adverse impacts of the project. These measures shall be
implemented at the applicant's expense and may include actions
that:
(1) minimize or avoid adverse impacts by limiting the
magnitude or degree of the action;
(2) restore the affected environment; or
(3) compensate for the adverse impacts by replacing or
providing substitute resources.
37. The Town contends that it's proposal incorporates measures designed to avoid or
minimize adverse impacts of the project in that:
a. The mats are removed in the event of major storms that could
damage the mats;
12

b. The mats are no wider or longer than necessary to assure
access by persons using wheelchairs;
c. The mats are to be used only by pedestrians, bicyclists and
persons using wheelchairs
d. The Turtle Hospital daily inspects new turtle nests each
morning during the nesting season and will relocate nests that
in its judgment are located too close to the mats;
e. The Town is stabilizing the newly-constructed engineered dune
system with vegetation and protecting it with appropriate rope
barriers and signage.
38. The Town contends that the proposed beach mats provide access to the public
resources in a manner similar to "structural accessways", which by the terms of 15A NCAC 07H
.0308(c)(5) are not restricted by the requirement to be landward of the applicable ocean setback
as described in Rule .0309(a), but are required to be"no more than six feet seaward of the
waterward toe of the frontal or primary dune, provided they do not interfere with public trust
rights and emergency access along the beach."
39. The Town stipulates that the proposed beach mats are inconsistent with those
rules listed in the denial letter, per 15A NCAC 7J .0701(c)(6).
40. A PowerPoint was provided to the Commission as a stipulated exhibit, and it
showed photographs of the Sites.
STIPULATED EXHIBITS PROVIDED BY PETITIONER AND DCM
• CAMA Variance Request Form(05/05/2021). (Record pp 19-34)
• Images of the Sites from 2018/2019 Google Earth Imagery. (Record pp 35-40)
• CAMA Minor Permit Application(TB21-07) (04/28/2021). (Record pp 41-56)
• Affidavit of Michael E. Rose, Town Manager of the Town of Topsail Beach
(06/03/2021). (Record pp 57-60)
• Session Law 2011-78, 2011 Bill Text NC H.B. 415. (Record pp 61-62)
• CAMA Major Permit 22-09 (issued 03/04/2021). (Record pp 63-69)
• Post-Engineered Dune Surveys for the Sites. (Record pp 70-72)
• Ground Level Photographs of Engineered Dune and Vegetation Planted in 2020. (Record
pp 73-75)
13

• Statement of Kurt Polzer, Public Works Supervisor of the Town of Topsail Beach
(05/17/2021). (Record pp 76)
• Statement of Kathy Zagzebski, Executive Director of the Karen Beasley Turtle Hospital
(06/02/2021). (Record pp 77-80)
• Memo to Coastal Resources Commission from Ken Richardson, Shoreline Management
Specialist; re: SVL (CRC-18-18) (09/04/2018). (Record pp 81-86)
• Notification to Adjacent Riparian Owners for Beach Mat Locations (04/28/2021).
(Record pp 87-96)
• Denial of CAMA Minor Development Permit(TB21-07) (05/04/2021). (Record pp 97-
98)
• Notification to Adjacent Riparian Owners for Variance Petition (05/07/2021). (Record pp
99-104)
• Correspondence between Town of Topsail Beach, U.S. Fish&Wildlife Service, and N.C.
Wildlife Resources Commission(05/05/2021 through 05/06/2021). (Record pp 105-06)
• Memo to Department of Coastal Management from Braxton Davis, DCM Director; re:
Rules and Procedures related to post-project dune restoration (07/20/2020). (Record pp
107-12)
• Town of Topsail Beach Variance Request PowerPoint (06/16/2021). (Record pp 113-32)
CONCLUSIONS OF LAW
1. The Commission has jurisdiction over the parties and the subject matter.
2. All notices for the proceeding were adequate and proper.
3. Petitioner has met the requirements in N.C.G.S. § 113A-120.1(a) and 15 NCAC
07J .0703(f) which must be found before a variance can be granted as set forth below.
A. Strict application of the Commission's Rules will cause unnecessary hardships.
The Commission affirmatively finds that strict application of the Commission's rules
prohibiting development oceanward of the ocean hazard setback line or static vegetation line and
extending more than six feet seaward of the waterward toe of the frontal or primary dune causes
the Petitioner unnecessary hardships. Specifically, strict application of 15A NCAC 7H.0306(a)(1)
and 15A NCAC 07H .0309 will cause unnecessary hardships by preventing the Town from
installing mats specifically designed to allow improved access for wheelchair users to the public
14

trust beach contrary to goals.
In creating the CAMA, the legislature recognized the importance of preserving and
protecting the public's opportunity to enjoy the physical, aesthetic, cultural and recreational
qualities of the shorelines of the State. Included among the stated goals of CAMA are (1) insuring
the orderly and balanced use and preservation of coastal resources on behalf of the people of North
Carolina and the nation and (2) the establishment of policies, guidelines, and standards for
economic development, recreation and tourist facilities, preservation and enhancement of the
historic and cultural aspects of the coastal area. See N.C.G.S. §113A-102(a) and (b). The
Commission's rules also recognize the need to balance protecting the coastal lands and waters of
the State with common law and statutory rights of access to the public trust areas.
With the addition of the impermanent beach mats, all persons, including those using their
own conveyances will be able to access the dry sand beach. CAMA recognizes the importance of
the public's ability to enjoy the recreational aspects of the public beach. Strict application of 15
NCAC 07H.0306 (a)(2) and 15 NCAC 07H.0308 (c)(5) limits who will be able to access the dry
sand beach. Therefore, the strict application of this rule would cause the Town hardship. The
Commission affirmatively finds that Petitioner has shown that the hardship caused by denying a
permit for the proposed development is unnecessary as there will be limited harm to the shoreline
and a large benefit to allowing the Town to provide beach access for disabled persons. For these
reasons, the Commission affirmatively finds that Petitioner has met the first factor without which
a variance cannot be granted.
b. Petitioner has demonstrated that the hardship results from conditions peculiar
to Petitioner's property.
The Commission affirmatively finds that Petitioner has demonstrated that the hardship
15

results from conditions peculiar to the property. Specifically, the recent development of the new
engineered dune makes access to the beach for those dependent on wheelchairs more difficult
because of the new topography. The engineered dune could become the new frontal dune in the
near future,but it currently lacks stable natural vegetation which makes it difficult for wheelchairs
to cross without the presence of beach mats.
Accordingly, the Commission affirmatively finds that Petitioner has demonstrated that this
hardship results from conditions peculiar to the property and has met the second factor required
for the grant of its request for a variance.
c. Petitioner has demonstrated that the hardship does not result from actions
taken by Petitioner.
The Commission affirmatively finds that Petitioner has demonstrated that the hardship does
not result from actions taken by the Town. Specifically, the hardship results from the Town's need
to address Storm Damage Mitigation and preserve the beach for both environmental and
recreational use by all individuals. The creation of the new dune serves to minimize the potential
damage that could be inflicted by powerful storms and the need for major financial recovery. The
configuration of the beach mats will not cause adverse impacts for public use of the public trust
beach; rather, it will enhance access for the disabled public. The limited installation by the Town
of these beach mats is not in conflict with the Commission's general policy of keeping the dry
sand beach clear of structures.DCM agrees that making public beaches more accessible to disabled
individuals is in keeping with the legislature's mandate to provide and preserve all of the public's
opportunity to enjoy the physical, aesthetic, cultural, and recreational qualities of the shorelines of
the State. For these reasons, the Commission affirmatively finds that Petitioner has demonstrated
that they have met the third factor required for a variance.
16

d. Petitioner has demonstrated that the requested variance is consistent with the
spirit, purpose and intent of the Commission's rules, will secure public safety
and welfare, and will preserve substantial justice.
The Petitioner has 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 requested variance is consistent with the spirit of
the Commission's rules because the number of beach mats proposed by the Town are limited. In
addition, there have been few sea turtle nests observed in these areas since 2018. At the same time,
the installation will provide increased access to the public trust beaches for visitors with
disabilities. The limited area required for the proposed beach mats coupled with a consistent turtle
patrol effort is consistent with the legislative goals of the CAMA. Furthermore, the Department of
Coastal Management agrees that there appears to be no significant adverse impacts to the general
public's use of dry sand beach, especially if the mats are removed prior to storm events.
The requested variance will also secure the public safety and welfare, and preserve
substantial justice by increasing access to the public beach for all disabled visitors. The Town's
commitment to improving access for visitors with disabilities is exemplary, and in keeping with
the goals of CAMA and the Commission's rules.
For these reasons, the Commission affirmatively finds that Petitioner has met the fourth
factor required by N.C.G.S. § 113A-120.1(a).
ORDER
THEREFORE, the requested variance from 15A NCAC 7H.0306(a)(1), 15 NCAC
07H.0306 (a)(2), 15 NCAC 07H.0308 (c)(5), and 15A NCAC 07H .0309 is GRANTED with the
following conditions:
17

(1) The mats shall not extend beyond the oceanward toe of the
newly developed berm;
(2) The mats shall not exceed the minimal width necessary
(which the Town has identified as five feet);
(3) No bump-outs, landings, or similar structures shall be used
on the oceanward side of the berm;
(4) The mats shall be properly installed and maintained
throughout the season;
(5) The beach mats should be used during tourist season and
removed during the off-season;
(6) The Town shall make every effort to monitor any potential
impact to turtles and turtle nesting and take any necessary
steps advised by either USFWS or the WRC.
The granting of this variance does not relieve Petitioner of the responsibility for obtaining
any other required permits from the proper permitting authority. This variance is based upon the
stipulated facts agreed to by the Parties as 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 are not true or have changed.
This the 18`h day of June 2021.
M. Renee Cahoon Chair
Coastal Resources Commission
18

CERTIFICATE OF SERVICE
This is to certify that I have this day served the foregoing FINAL AGENCY DECISION
upon the parties by email and US Mail as listed below.
Method of Service
Attorney for Petitioner Town of Topsail Beach: U.S. Mail, Certified Mail, Return Receipt
Stephen D. Coggins, Esquire Requested and Electronically:
Rountree Losee LLP [e-mail]
2419 Market Street
Wilmington,NC 28403
Attorney for NC Division of Coastal Management Electronically: [e-mail]
Christine A. Goebel
Assistant General Counsel
NC Department of Environmental Quality
217 West Jones Street
Raleigh,NC 27603
NC Division of Coastal Management Electronically:
Braxton C. Davis, Executive Director [e-mail]
Angela Willis, Administrative Assistant [e-mail]
Division of Coastal Management
400 Commerce Ave.
Morehead City,NC 28557
This the 18`h day of June, 2021.
Mary L. Lucasse
Special Deputy Attorney General and Commission Counsel
N.C. Department of Justice
P.O. Box 629
Raleigh, N. C. 27602
19

STATE OF NORTH CAROLINA ) BEFORE THE NORTH CAROLINA
) COASTAL RESOURCES
COUNTY OF PENDER ) COMMISSION
) CRC-VR-21-02
)
)
IN THE MATTER OF: )
PETITION FOR VARIANCE ) FINAL AGENCY DECISION
BY THE TOWN OF TOPSAIL BEACH )
Petitioner Town of Topsail Beach submitted a request for a variance from the North
Carolina Coastal Resources Commission's ("Commission") rules set forth at 15A NCAC
7H.0306(a)(1), 15 NCAC 07H.0306(a)(2), 15 NCAC 07H.0308(c)(5),and 15ANCAC 07H.0309
to construct ADA-compliant wheelchair ramp access sites that are five feet wide, eighty to a
hundred feet long, and oceanward of the sixty foot setback measured from the static vegetation
line.
Pursuant to N.C. Gen. Stat. § 113A-120.1 and 15A NCAC 7J .0700, et seq., this matter
was heard on oral arguments and facts stipulated to by Petitioner and Respondent Department of
Environmental Quality, Division of Coastal Management ("DCM") at the regularly scheduled
meeting of the Commission on June 16, 2021. Assistant General Counsel Christine A. Goebel,
Esq. appeared for Respondent DCM. Attorney Steve Coggins appeared on behalf of Petitioner.
Also present was Steve Smith, Town Mayor and Michael Rose, Town Manager.
When reviewing a petition for a variance,the Commission acts in a quasi-judicial capacity.
Riggings Homeowners, Inc. v. Coastal Resources Com'n, 228 N.C. App. 630, 652, 747 S.E.2d
301, 314 (2013) (Commission has "judicial authority to rule on variance requests [] `reasonably
necessary' to accomplish the Commission's statutory purpose."); see also Application of Rea
Const. Co.,272 N.C. 715, 718, 158 S.E.2d 887,890(1968)(discussing the Board of Adjustment's
1

quasi-judicial role in allowing variances for permits not otherwise allowed by ordinance). In its
role as judge, the Commission "balance[es] competing policy concerns under CAMA's statutory
framework."Riggings, 228 N.C. App. at 649 n.6, 747 S.E.2d at 312.
Petitioner and Respondent DCM are the parties appearing before the Commission. The
parties stipulated to facts and presented relevant documents to the Commission for its
consideration. See, N.C.A.C. 15A 07J .0702(a). If the parties had been unable to reach agreement
on the facts considered necessary to address the variance request, the matter would have been
forwarded to the North Carolina Office of Administrative Hearings("OAH")for a full evidentiary
hearing to determine the relevant facts before coming to the Commission. Id. 07J .0702(d). As in
any court, the parties before the decision-maker are responsible for developing and presenting
evidence on which a decision is made. If DCM and Petitioner had entered into other stipulated
facts, it is possible that the Commission would have reached a different decision. In this case, the
record on which the Commission's final agency decision was made includes the parties'
stipulations of facts, the documents provided to the Commission,and the arguments of the parties.
FACTS STIPULATED TO BY PETITIONER AND DCM
1. Petitioner Town of Topsail Beach("Town")is a North Carolina municipal body
politic organized and existing in Topsail Beach,Pender County,North Carolina. The Town is
represented by Stephen D. Coggins, Esquire, of the law firm Rountree Losee LLP in
Wilmington,North Carolina.
2. The Town owns a series of ocean beach access sites. Three of those access points
have ADA-compliant wheelchair ramps. These three wheelchair ramp access sites are hereinafter
referred to collectively as the "Sites". A Google Earth aerial image for each Site was provided to
2

the Commission as a stipulated exhibit. The address location,beach access number and the date
of the corresponding Google Earth aerial for each Site is as follows:
a. 425 N. Anderson Blvd. (Beach Access # 1A) [3/11/2019]
b. 1301 Ocean.Blvd. (Beach Access# 14) [7/9/2018]
c. 1605 Ocean Blvd. (Beach Access# 16) [7/9/2018]
3. The Town owns legal title to the Sites as demonstrated by a copy of three deeds
contained in the Town's CAMA Minor Development Permit Application(#TB21-07)that is the
subject of this variance. A copy of the Town's application, including the deeds, was provided to
the Commission as a stipulated exhibit.
4. According to Town Manager Michael Rose, at each one of the Sites,the
wheelchair ramp leads from a vehicle parking area on down to what was at the time the
waterward toe of the "original" frontal dune where the"dry sand"portion of the public trust
ocean beach begins. Mr. Rose's Affidavit was provided as a stipulated exhibit and is referenced
throughout these facts.
5. According to Town Manager Rose,the distance a wheelchair would have had to
travel at each of the Sites from the bottom of the oceanward toe of the frontal dune in order to
reach the ocean, as measured by Town staff using GIS tools on 2018-19 aerial photos,was
approximately as follows:
a. Access 1A at 425 Anderson Blvd(Catherine Ave)— 110 feet
b. Access 14 at 1301 Ocean Blvd(Darden Ave)— 105 feet
c. 1605 Ocean Blvd(Sea Vista)— 112 feet
3

6. For many years,the Town has owned two sand wheelchairs that it makes
available for daily use upon request. They are available at no cost on a first-come, first-served
basis at the Town Police Department. Transportation of the wheelchairs to the desired location is
provided by the user. According to Town Manager Rose, demand for wheelchair access to the
ocean is highest in the summer.
7. The General Assembly in 2011 passed Session Law 2011-78, a copy of which
was provided as a stipulated exhibit. This is a local act that preserves rights of littoral access by
oceanfront property owners within the Town,notwithstanding publicly funded beach
renourishment projects raising land which would become state-owned(formerly submerged)
land pursuant to N.C.G.S. 146-6(f).
8. According to Town Manager Rose, since 2011,the town has worked with the
U.S. Army Corps of Engineers and State officials to obtain public funding for, and thereafter
carry out,beach renourishment activities along the Town's shorefront. These taxpayer-funded
beach nourishment efforts were first undertaken in 2011 and such projects have continued since
that time. Portions of the beaches within Topsail Beach have been renourished on six separate
occasions since 2011, and as recently as the winters of 2019-2020 and 2020-2021.
9. According to Town Manager Rose, in continuation of its long-term efforts,the
Town embarked on a beach renourishment project(Project)pursuant to CAMA Major Permit
22-09, a copy of which was provided as a stipulated exhibit to the Commission, over the winters
of 2019-2020 and 2020-2021. This Project was funded through both the Town's long term beach
renourishment efforts (the"30 Year Plan")and coastal storm damage reduction funds made
available in the wake of Hurricanes Matthew and Florence. Sources of funding include the Town
4

Beach, Inlet and Sound(`BIS") fund, State Shallow Draft Inlet Fund, and FEMA
reimbursement.
10. Chris Gibson of TI Coastal is the engineer retained by the Town to monitor all the
Town beach renourishment projects(including the Project) since 2011. He reports the following:
The Project deposited 2.7 million cubic yards of sand on the oceanfront of Topsail Beach. The
Project formed a new engineered dune system waterward of the existing front dune. The new
engineered dune profile tied into the existing grade at about elevation 5'NAVD88 and sloped
upward on a 5H:1V slope to elevation 12'NAVD88. The engineered dune crest then extended
seaward at elevation 12'NAVD88 for 25 feet. The seaward slope of the new engineered dune
was also a 5H:1V slope from the crest elevation(12'NAVD88)to the berm elevation of 5'
NAVD88. This makes the back slope 35 feet wide, the crest 25 feet wide, and the front slope 35
feet wide. The total width of the new engineered dune is 95 feet. The new engineered dune
stretches along the entire length of the Topsail Beach oceanfront and includes the locations of the
three wheelchair ramp Sites. Side elevation drawings of the three Sites, as part of the required
post-Project survey of the new engineered dune profile created by the Project were provided to
the Commission as a stipulated exhibit.
11. According to Town Manager Rose,the Town has planted vegetation on the new
engineered dune. The first plantings were in August-September 2020. A second planting is
scheduled for June and July 2021. Photographs of the new constructed and vegetated engineered
dune in the vicinity of the Sites were provided to the Commission as stipulated exhibits.
12. The engineered dune does not meet the definition of either a primary or frontal
dune, as those are defined in 15A NCAC 7H .0305(a)(3) and(a)(4)where it lacks the elevation
5

of a primary dune and lacks the stable and natural vegetation where the initial vegetation was just
planted last fall and has not yet naturalized.
13. The course to be traveled by either a sand wheelchair or regular wheelchair from
the bottom of the ramps at the Sites in order to get to the water is over the newly constructed
engineered dune. The newly constructed engineered dune system renders wheelchair access at
the Sites from the bottom of the wheelchair ramp to the ocean waters more difficult.
14. According to Town Manager Rose,the Town's engineer advised the Town that
the installation of beach mats would significantly improve and enhance access by wheelchair-
bound persons from the bottom of the wheelchair ramps to the ocean.
15. On April 28, 2021,the Town applied for a CAMA Minor Development Permit
(TB21-07)to install beach mats at the three Sites. A copy of the Town's application was
provided to the Commission as a stipulated exhibit. The proposed locations of the beach mats at
each of the Sites are shown on the Site plans which are part of the Town's application.
16. The Sites are within the Ocean Erodible Area of Environmental Concern, and per
N.C. Gen. Stat. § 113A-118, any development at the Sites requires authorization through a
permit issued pursuant to the Coastal Area Management Act of 1974 (CAMA).
17. The Sites are adjacent to the Atlantic Ocean, the waters of which at this location
are classified as SB waters by the Environmental Management Commission. The Commission's
average annual erosion rate applicable at the three Sites is two feet per year.
18. As described in the Town's CAMA permit application, the beach mats proposed
to be employed in the CAMA permit application are five feet wide and are between eighty to a
6

hundred feet long. In no event will a beach mat extent beyond the oceanward toe of the new
engineered dune.
19. The beach mats for each of the Sites will extend from the bottom of the
wheelchair ramp approximately as follows:
a. Access 1A— 103 feet over the engineered dune. (It is another 96 feet to the water
as measured by Town Staff on Site);
b. Access 14—59 feet over engineered dune. (It is another 158 feet to the water as
measured by Town Staff on Site);
c. Access 16— 103 feet over engineered dune. (It is another 183 feet to the water as
measured by Town Staff on Site)
20. The Town seeks a variance allowing the beach mats to be installed and present
year-round. However,the Town currently plans to only install and use the mats only during the
months of May through September each year and understands it can seek a permit modification
if it decides to extend the time for beach mats.
21. According to the sworn statement of Town Manager Rose,the beach mats are
able to be removed in the event of significant weather events resulting in higher-than-normal
tides, and the Town plans to do so when significant weather conditions are predicted or present.
Town Manager Rose notes in his affidavit that the beach mats are easily laid and anchored and
can be removed in the event of significant weather events resulting in higher-than-normal tides.
22. The Karen Beasley Sea Turtle Rescue and Rehabilitation Center in nearby Surf
City, is a North Carolina non-profit corporation which in cooperation with the Town, monitors
sea turtle nests laid in Topsail Island and is locally referred to as the"Turtle Hospital". A letter
of support was provided as a stipulated exhibit to the Commission for the Town's project dated
June 2, 2021 from the Turtle Hospital's Executive Director Ms. Zagzebski. According to a
7

summary provided by Terry Meyers of the Turtle Hospital's "Turtle Patrol" (provided to the
Commission as a stipulated exhibit)the following nesting activity took place in 2018, 2019, and
2020 within the blocks where the Sites are located:
a. Beach Access#1A—425 N Anderson: in 2020 there was one nest located at the
400 block of N. Anderson Drive. In 2019 there were 6 nests in that block. In 2018
there was one nest in the block.
b. Beach Access#14— 1301 Ocean Blvd: in 2020 there was one nest in the block. In
2019 there were 3 nests in that block. In 2018 there were no nests in the block.
c. Beach Access#16— 1605 Ocean Blvd: There were no nests in the block 2020,
2019 or 2018.
23. The applicable ocean setback in Topsail Beach is the Static Vegetation Line
("SVL"), as indicated by the September 4, 2018 memo from Ken Richardson(Shoreline
Management Specialist with the Division of Coastal Management)to the Commission in file
#CRC-18-18 which was provided to the Commission as a stipulated exhibit. The SVL is the
location where the first line of stable and natural vegetation was located before the 2012 large-
scale beach nourishment project as required by 15A NCAC 7H .0305(a)(6).
24. In the areas of the three Sites, the SVL is located generally landward of the
bottom of the wheelchair ramps at the toe of the "original" frontal dune. The "original" frontal
dune is landward of the new engineered dune. Thus, the proposed beach mats are proposed to be
located oceanward of the applicable 60 foot setback measured landward from the SVL per 15A
NCAC 7H.0306(a)(1).
25. Beach mats have been installed on the beaches of this State (Carolina Beach in
2017, and Topsail Beach in 2019 and 2020 when it was the Town's understanding that no permit
8

was needed). According to Town Manager Rose, the Town is not aware of negative impacts on
the beach.
26. As part of the CAMA minor permit process, the Town sent notice to the adjacent
riparian owners at each Site. These owners are noted in the Application, and information
showing the delivery of this notice was provided to the Commission as a stipulated exhibit.
27. On May 4,2021, DCM denied the CAMA Minor Permit Application due to the
proposed development's inconsistency with 15A NCAC 7H .0306(a)(1) and 07H .0309(a),which
require development to be landward of the oceanfront setback as measured here from the SVL,
and because the proposed beach mats are not an exception allowed within the setback area per
15A NCAC 07H .0309. A copy of the denial letter was provided to the Commission as a
stipulated exhibit.
28. 15A NCAC 07H .0309 provides exceptions to the oceanfront setback rules and
allows beach accessways as follows:
In all cases,this development shall be permitted only if it is
landward of the vegetation line or static vegetation line,whichever
is applicable; involves no alteration or removal of primary or
frontal dunes which would compromise the integrity of the dune as
a protective landform or the dune vegetation; has overwalks to
protect any existing dunes; is not essential to the continued
existence or use of an associated principal development; is not
required to satisfy minimum requirements of local zoning,
subdivision or health regulations; and meets all other non-setback
requirements of this Subchapter.
29. 15A NCAC 07H .0308(c)provides as follows:
Structural Accessways:
(1) Structural accessways shall be permitted across primary or frontal
dunes so long as they are designed and constructed in a manner that entails
negligible alteration of the primary or frontal dune. Structural accessways
9

shall not be considered threatened structures for the purpose of Paragraph
(a) of this Rule.
(2)An accessway shall be considered to entail negligible alteration of
primary or frontal dunes provided that:
(A) The accessway is exclusively for pedestrian use;
(B)The accessway is a maximum of six feet in width;
(C)The accessway is raised on posts or pilings of five feet or less depth,
so that wherever possible only the posts or pilings touch the dune.
Where this is deemed by the Division of Coastal Management to be
impossible due to any more restrictive local, state, and/or federal
building requirements, the structure shall touch the dune only to the
extent necessary; and
(D)Any areas of vegetation that are disturbed are revegetated as soon as
feasible.
(3)An accessway that does not meet Part(2)(A) and(B) of this Paragraph
shall be permitted only if it meets a public purpose or need which cannot
otherwise be met and it meets Part(2)(C) of this Paragraph. Public fishing
piers are not prohibited provided all other applicable standards of this Rule
are met.
(4) In order to preserve the protective nature of primary and frontal dunes
a structural accessway(such as a "Hatteras ramp")may be provided for
off-road vehicle (ORV)or emergency vehicle access. Such accessways
shall be no greater than 15 feet in width and may be constructed of
wooden sections fastened together, or other materials approved by the
Division, over the length of the affected dune area. Installation of a
Hatteras ramp shall be done in a manner that will preserve the dune's
function as a protective barrier against flooding and erosion by not
reducing the volume of the dune.
(5) Structural accessways may be constructed no more than six feet
seaward of the waterward toe of the frontal or primary dune,provided they
do not interfere with public trust rights and emergency access along the
beach. Structural accessways are not restricted by the requirement to be
landward of the FLSNV as described in Rule .0309(a)of this Section.
30. The parties agree and stipulate that the possible grant of this variance and
subsequent issuance of a CAMA minor permit does not eliminate the need for the Town to
10

obtain other necessary approvals/permits and/or coordinate with federal agencies regarding other
applicable laws.
31. As part of the variance process, 15A NCAC 7J .0701(c)(7)requires that notice of
the variance petition"be sent certified mail, return receipt requested to the adjacent property
owners and persons who submitted written comments to the Division of Coastal Management ....
during the permit review process and copies of the documents that the certified mail notices were
received or that deliveries were attempted;"Petitioner has provided such notice to the adjacent
property owners, as evidenced by the certified mail information, copies of which were provided
as a stipulated exhibit.
32. As of June 2, 2021,the Town has not received comments in anticipation of this
variance hearing.
33. According to Town Manager Rose, the Town has been in contact with
representatives of the U.S. Fish and Wildlife Service ("USFWS") and the State Wildlife
Resources Commission("WRC") and has solicited comment and input. In response,the Town
has agreed:
a. The mats would not extend beyond the oceanward toe of the newly developed
berm.
b. The mats would not exceed the minimal amount of width necessary(suggested at
5 feet).
c. No bump-outs, landings, or similar structures would be used on the oceanward
side of the berm.
d. Proper installation and maintenance of the mats throughout the season.
e. The beach mats would only be used during tourist season and would be removed
during the off-season.
f. The Town will make every effort to monitor any potential impact to turtles and
turtle nesting and take the necessary steps as advised by both agencies.
11

34. As shown on copies of communications between the Town and USFWS and
WRC (provided as stipulated exhibits) the WRC agreed with USFWS's comments and stated
that the Town"captured that we have concern for impacts to sea turtle nesting,but that the
design, methodology, and maintenance presented under these circumstances uses a minimized
footprint. We cannot give support or say the project has no impact,but concerns have been
minimized."
35. In a July 20, 2020 memo, DCM Director Braxton Davis advised DCM regulatory
staff and CAMA LPOs about projects related to post-project dune restoration. It described
"emergency berm"projects such as the one at Topsail Beach and gave guidance about how the
CRC's rules related to these projects. A copy of this memo was provided to the Commission as a
stipulated exhibit.
36. 15A NCAC 7H .0306(g) and(h)provide as follows:
(g) Development shall not interfere with legal access to, or use of,
public resources,nor shall such development increase the risk of
damage to public trust areas.
(h) Development proposals shall incorporate measures to avoid or
minimize adverse impacts of the project. These measures shall be
implemented at the applicant's expense and may include actions
that:
(1) minimize or avoid adverse impacts by limiting the
magnitude or degree of the action;
(2) restore the affected environment; or
(3) compensate for the adverse impacts by replacing or
providing substitute resources.
37. The Town contends that it's proposal incorporates measures designed to avoid or
minimize adverse impacts of the project in that:
a. The mats are removed in the event of major storms that could
damage the mats;
12

b. The mats are no wider or longer than necessary to assure
access by persons using wheelchairs;
c. The mats are to be used only by pedestrians,bicyclists and
persons using wheelchairs
d. The Turtle Hospital daily inspects new turtle nests each
morning during the nesting season and will relocate nests that
in its judgment are located too close to the mats;
e. The Town is stabilizing the newly-constructed engineered dune
system with vegetation and protecting it with appropriate rope
barriers and signage.
38. The Town contends that the proposed beach mats provide access to the public
resources in a manner similar to "structural accessways",which by the terms of 15A NCAC 07H
.0308(c)(5) are not restricted by the requirement to be landward of the applicable ocean setback
as described in Rule .0309(a),but are required to be"no more than six feet seaward of the
waterward toe of the frontal or primary dune,provided they do not interfere with public trust
rights and emergency access along the beach."
39. The Town stipulates that the proposed beach mats are inconsistent with those
rules listed in the denial letter,per 15A NCAC 7J .0701(c)(6).
40. A PowerPoint was provided to the Commission as a stipulated exhibit, and it
showed photographs of the Sites.
STIPULATED EXHIBITS PROVIDED BY PETITIONER AND DCM
• CAMA Variance Request Form(05/05/2021). (Record pp 19-34)
• Images of the Sites from 2018/2019 Google Earth Imagery. (Record pp 35-40)
• CAMA Minor Permit Application(TB21-07) (04/28/2021). (Record pp 41-56)
• Affidavit of Michael E. Rose, Town Manager of the Town of Topsail Beach
(06/03/2021). (Record pp 57-60)
• Session Law 2011-78, 2011 Bill Text NC H.B. 415. (Record pp 61-62)
• CAMA Major Permit 22-09 (issued 03/04/2021). (Record pp 63-69)
• Post-Engineered Dune Surveys for the Sites. (Record pp 70-72)
• Ground Level Photographs of Engineered Dune and Vegetation Planted in 2020. (Record
pp 73-75)
13

•
• Statement of Kurt Polzer, Public Works Supervisor of the Town of Topsail Beach
(05/17/2021). (Record pp 76)
• Statement of Kathy Zagzebski, Executive Director of the Karen Beasley Turtle Hospital
(06/02/2021). (Record pp 77-80)
• Memo to Coastal Resources Commission from Ken Richardson, Shoreline Management
Specialist; re: SVL(CRC-18-18) (09/04/2018). (Record pp 81-86)
• Notification to Adjacent Riparian Owners for Beach Mat Locations (04/28/2021).
(Record pp 87-96)
• Denial of CAMA Minor Development Permit(TB21-07) (05/04/2021). (Record pp 97-
98)
• Notification to Adjacent Riparian Owners for Variance Petition(05/07/2021). (Record pp
99-104)
• Correspondence between Town of Topsail Beach, U.S. Fish&Wildlife Service, and N.C.
Wildlife Resources Commission(05/05/2021 through 05/06/2021). (Record pp 105-06)
• Memo to Department of Coastal Management from Braxton Davis, DCM Director; re:
Rules and Procedures related to post-project dune restoration(07/20/2020). (Record pp
107-12)
• Town of Topsail Beach Variance Request PowerPoint(06/16/2021). (Record pp 113-32)
CONCLUSIONS OF LAW
1. The Commission has jurisdiction over the parties and the subject matter.
2. All notices for the proceeding were adequate and proper.
3. Petitioner has met the requirements in N.C.G.S. § 113A-120.1(a) and 15 NCAC
07J .0703(f)which must be found before a variance can be granted as set forth below.
A. Strict application of the Commission's Rules will cause unnecessary hardships.
The Commission affirmatively finds that strict application of the Commission's rules
prohibiting development oceanward of the ocean hazard setback line or static vegetation line and
extending more than six feet seaward of the waterward toe of the frontal or primary dune causes
the Petitioner unnecessary hardships. Specifically, strict application of 15A NCAC 7H.0306(a)(1)
and 15A NCAC 07H .0309 will cause unnecessary hardships by preventing the Town from
installing mats specifically designed to allow improved access for wheelchair users to the public
14

trust beach contrary to goals.
In creating the CAMA, the legislature recognized the importance of preserving and
protecting the public's opportunity to enjoy the physical, aesthetic, cultural and recreational
qualities of the shorelines of the State. Included among the stated goals of CAMA are(1)insuring
the orderly and balanced use and preservation of coastal resources on behalf of the people of North
Carolina and the nation and (2) the establishment of policies, guidelines, and standards for
economic development, recreation and tourist facilities, preservation and enhancement of the
historic and cultural aspects of the coastal area. See N.C.G.S. §113A-102(a) and (b). The
Commission's rules also recognize the need to balance protecting the coastal lands and waters of
the State with common law and statutory rights of access to the public trust areas.
With the addition of the impermanent beach mats, all persons, including those using their
own conveyances will be able to access the dry sand beach. CAMA recognizes the importance of
the public's ability to enjoy the recreational aspects of the public beach. Strict application of 15
NCAC 07H.0306 (a)(2) and 15 NCAC 07H.0308 (c)(5) limits who will be able to access the dry
sand beach. Therefore, the strict application of this rule would cause the Town hardship. The
Commission affirmatively fords that Petitioner has shown that the hardship caused by denying a
permit for the proposed development is unnecessary as there will be limited harm to the shoreline
and a large benefit to allowing the Town to provide beach access for disabled persons. For these
reasons, the Commission affirmatively finds that Petitioner has met the first factor without which
a variance cannot be granted.
b. Petitioner has demonstrated that the hardship results from conditions peculiar
to Petitioner's property.
The Commission affirmatively finds that Petitioner has demonstrated that the hardship
15

results from conditions peculiar to the property. Specifically, the recent development of the new
engineered dune makes access to the beach for those dependent on wheelchairs more difficult
because of the new topography. The engineered dune could become the new frontal dune in the
near future,but it currently lacks stable natural vegetation which makes it difficult for wheelchairs
to cross without the presence of beach mats.
Accordingly,the Commission affirmatively finds that Petitioner has demonstrated that this
hardship results from conditions peculiar to the property and has met the second factor required
for the grant of its request for a variance.
c. Petitioner has demonstrated that the hardship does not result from actions
taken by Petitioner.
The Commission affirmatively finds that Petitioner has demonstrated that the hardship does
not result from actions taken by the Town. Specifically,the hardship results from the Town's need
to address Storm Damage Mitigation and preserve the beach for both environmental and
recreational use by all individuals. The creation of the new dune serves to minimize the potential
damage that could be inflicted by powerful storms and the need for major financial recovery. The
configuration of the beach mats will not cause adverse impacts for public use of the public trust
beach; rather, it will enhance access for the disabled public. The limited installation by the Town
of these beach mats is not in conflict with the Commission's general policy of keeping the dry
sand beach clear of structures.DCM agrees that making public beaches more accessible to disabled
individuals is in keeping with the legislature's mandate to provide and preserve all of the public's
opportunity to enjoy the physical, aesthetic,cultural,and recreational qualities of the shorelines of
the State. For these reasons, the Commission affirmatively finds that Petitioner has demonstrated
that they have met the third factor required for a variance.
16

d. Petitioner has demonstrated that the requested variance is consistent with the
spirit, purpose and intent of the Commission's rules, will secure public safety
and welfare, and will preserve substantial justice.
The Petitioner has 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 requested variance is consistent with the spirit of
the Commission's rules because the number of beach mats proposed by the Town are limited. In
addition,there have been few sea turtle nests observed in these areas since 2018.At the same time,
the installation will provide increased access to the public trust beaches for visitors with
disabilities. The limited area required for the proposed beach mats coupled with a consistent turtle
patrol effort is consistent with the legislative goals of the CAMA. Furthermore,the Department of
Coastal Management agrees that there appears to be no significant adverse impacts to the general
public's use of dry sand beach, especially if the mats are removed prior to storm events.
The requested variance will also secure the public safety and welfare, and preserve
substantial justice by increasing access to the public beach for all disabled visitors. The Town's
commitment to improving access for visitors with disabilities is exemplary, and in keeping with
the goals of CAMA and the Commission's rules.
For these reasons, the Commission affirmatively finds that Petitioner has met the fourth
factor required by N.C.G.S. § 113A-120.1(a).
ORDER
THEREFORE, the requested variance from 15A NCAC 7H.0306(a)(1), 15 NCAC
07H.0306 (a)(2), 15 NCAC 07H.0308 (c)(5), and 15A NCAC 07H .0309 is GRANTED with the
following conditions:
17

(1) The mats shall not extend beyond the oceanward toe of the
newly developed berm;
(2) The mats shall not exceed the minimal width necessary
(which the Town has identified as five feet);
(3) No bump-outs, landings, or similar structures shall be used
on the oceanward side of the berm;
(4) The mats shall be properly installed and maintained
throughout the season;
(5) The beach mats should be used during tourist season and
removed during the off-season;
(6) The Town shall make every effort to monitor any potential
impact to turtles and turtle nesting and take any necessary
steps advised by either USFWS or the WRC.
The granting of this variance does not relieve Petitioner of the responsibility for obtaining
any other required permits from the proper permitting authority. This variance is based upon the
stipulated facts agreed to by the Parties as 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 are not true or have changed.
This the 18th day of June 2021.
M. Renee Cahoon Chair
Coastal Resources Commission
18

CERTIFICATE OF SERVICE
This is to certify that I have this day served the foregoing FINAL AGENCY DECISION
upon the parties by email and US Mail as listed below.
Method of Service
Attorney for Petitioner Town of Topsail Beach: U.S. Mail, Certified Mail, Return Receipt
Stephen D. Coggins, Esquire Requested and Electronically:
Rountree Losee LLP [e-mail]
2419 Market Street
Wilmington,NC 28403
Attorney for NC Division of Coastal Management Electronically: [e-mail]
Christine A.Goebel
Assistant General Counsel
NC Department of Environmental Quality
217 West Jones Street
Raleigh,NC 27603
NC Division of Coastal Management Electronically:
Braxton C. Davis, Executive Director [e-mail]
Angela Willis,Administrative Assistant [e-mail]
Division of Coastal Management
400 Commerce Ave.
Morehead City,NC 28557
This the 18th day of June,2021.
4,10(dit, dee-dolvi-c„.
Mary L. Lucasse
Special Deputy Attorney General and Commission Counsel
N.C. Department of Justice
P.O. Box 629
Raleigh,N. C. 27602
19

•ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3. A. Signature
■ Print your name and address on the reverse X 0 Agent
so that we can return the card to you. 0 Addressee
• Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery
or on the front if space permits.
1. Article Addressed `to _ D. Is delivery ad• .!. .- R•ur 17 m 1? ❑Yes
Tow o O`rn f op si I L each If YES,enter delivery address below: 0 No
%M;c.►-,o_e. Rose,Town Mr. MAY 0 7 2021
82O S. Ande rsan 6 l vol-
ropso i I aene-h. NC: 2-81445 DCM WILMINGTON, NC
3. Service Type ❑Priority Mail Express®
II I IIIIII IIII 111111 II III) I I I IIIIII III ❑0 Adult Signature Adult Signature Restricted Delivery ❑Registered Mail Restricte
0 Certified Mail® ery
9590 9402 4563 8278 1838 14 ❑Certified Mall Restricted Delivery 0 Return Receipt for
❑Collect on Delivery Merchandise
2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery 0 Signature Confirmation,'"
❑Insured Mail 0 Signature Confirmation
7 018 2290 0001 8295 7829 ❑Insured Mail Restricted Delivery Restricted Delivery
(over$500)
'S Form 3811.July 2015 PSN 7530-02-000-9053 Domestic Return Receipt

USPS TRACKING#
First-Class Mail
8�, Postage&Fees Paid
USPS
5tRrA �Uzl 5 L Permit No.G-10
9590 9402 4563 8278 1838 14
United States •Sender:Please print your name,address,and ZIP+4®in this box*
P Ice
o NC Div of Coastal Management
sof cv 127 Cardinal Dr.Ext
I UM Wilmington, NC 28405
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Locality Permit Number
. Ocean Hazard Estuarine Shoreline ORW Shoreline Public Trust Shoreline Other
(For official use only)
GENERAL INFORMATION
LAND OWNER-MAILING ADDRESS
Name t bi.01 g)- ri t, a&I \
Address c _ 5
City 14Sait RCAa.tik State NL Zip' Phone °I Id -33.S- - ` eN
Email boo i ce_ Ca 40p5O. t .P GCE_k .en ( P1/45`ik . vdt a ka?‘--
AUTHORIZED AGENT
Name
Address
City State Zip Phone
Email
LOCATION OF PROJECT: (Address,street name and/or directions to site;name of the adjacent waterbody.)
a uo -k. Accro55 1'4- t3c1 t'166,.c\ (31v C pcLh ‘41-63 -\t.e - tto05 Oc Gut
j DESCRIPTION OF PROJECT:(List all proposed construction and land disturbance.)
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illi:111 , NC Division of Coastal Management 13 414 A B
Cashier's Official Receipt
Date: ✓ 2l)_____V;
Received From: V 104 rter,-04
44' $
/ of 2
Permit No.: / 4 Check No.. ,,/,.,
Applicant's Name: d /42/ 04.42 ��� "1/` * County: v~pP r �1
Project Address: Z P ' � '✓ (3',,, Deeiso, 44,-,4 r Altc----z90,.....---
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Please retain receipt for your records as proof of payment for permit issued.

lilb NC Division of Coastal Management 13 414 A s .�
Cashier's Official Receipt
3
Date: ✓ 20
kri
Received From: f911/n tfi 7 OrfOtt,e 44,, $
Permit No.• " '. Y �- Check No..:N Z
Applicant's Name: 7;1•4/$1 B `f 14 ' County: In
Project Address: l 1 5-- ,i . Ailvi-, (3",f !/ 4Ltr / evi .'
/14'.2\
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant: Date:
Signature of Field Representative: Date:

Date Date Check From Name of Vendor Check Check Permit Rc
Received Deposited Permit Holder Number amount Number/Comments
5/4/2021 Town of Topsail same First 11042 $100.00 minor fee,425 N Anderson, 1301 JD rc
Beach Citizens Ocean Blvd, 1605 Ocean Blvd TB 1341
Bank PNCo