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HomeMy WebLinkAboutTB_21-19_ Sanders RECEIVED Issued by WIRO OCT 15 2021 ISSUED PURSUANT TO Topsail Beach VARIANCE CRC-VR-21-03 DCM WILMINGTON, NC Permit Number TB21-19 CAMA f MINOR DEVELOPMENT 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 Karen Sanders authorizing development in the Ocean Hazard Area of Environmental Concern (AEC) at 405 N. Anderson Blvd., in Topsail Beach, Pender County as requested in the permittee's application dated June 11, 2021, and received by DCM on June 30, 2021. This permit, issued on October 7, 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 October 6, 2021. All proposed development and associated construction (i.e. 6' x 15' enclosure of front porch and laundry room) shall be done in accordance with the site plan drawings dated and received by DCM on June 30, 2021, and subject to the following conditions of CRC Variance Final Order. (CRC Variance Final Order for CRC-VR-21-03 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 June 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 (910) 766-7221 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 December31,2024 In issuing this permit it is agreed that this project is consistent with the local Land • Use Plan and all applicable ordinances. This permit may not be transferred to / �tiJL�ti l�f • s Name: Karen Sanders Minor Permit#TB21-19, CRC-VR-21-03 Date Issued: October 7, 2021 Page 2 (5) The permittee is required to contact the LPO at(910) 796-7221, shortly before he/she plans to begin construction to arrange a setback measurement that will be effective for sixty (60) days barring a major shoreline change. Construction must begin within sixty(60)days of the determination or the measurement is void and must be redone. (6) Any/all structures constructed within the Ocean Hazard area shall comply with the NC Building Code, including the Coastal and Flood Plain Construction Standards of the N. C. Building Code, and the Local Flood Damage Prevention Ordinance as required by the National Flood Insurance Program. If any provisions of the building code or a flood damage prevention ordinance are inconsistent with any of the following Area of Environmental Concern (AEC) standards,the more restrictive provision shall control. (7) The total floor area of the permitted dwelling shall not exceed 956 square feet, per the authorized workplan drawings and CRC Final Variance Order. (8) Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two years of the time when it becomes imminently threatened, and in any case upon its collapse or subsidence. However, if natural shoreline recovery or beach renourishment takes place within two years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed under Coastal Resources Commission (CRC) Rules. (9) 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. SIGNATUR . Atai41) A. DATE / / i PERMITTEE Locality v .)np5Clil, aka.ChPermit Number -(CI. Ocean Hazard Estuarine Shoreline ORW Shoreline Public Trust Shoreline Other(Forofcialuseonl}') RECEIVED JUL 0 6 2021 DCM WILMINGTON, NC GENERAL INFORMATION LAND OWNER- MAILING ADDRESS Name K1�1Z 6-AjsIDE-16 _ Address 32S Cov�NT1:21 6 1C LN __-- -- City U�11fJ DN shL�-Th State M Zip 2�10� Phone 3�b 3�b 17s7 5 -- Email Sand exs kk C� C yy 'ast•11 e4 AUTHORIZED AGENT Name Q 4-A N>J Li_ m�ek��e ►� r�>J Lb5 U-C_ Address 12.9't 1-1'W`l I'1 Z , 6Lt ITC 1 City l-n j L\.) �I bE te N C_ _ 2 t}'f S Phone 910-741•/113 910 -88 6 (011 t Entail e�lac1te ehann�ImStaa�ker-b��lders • (:DI1�Zip LOCATION OF PROJECT: (Address,street name and/or directions to site;name of the adjacent waterbody.) LI-05 ICI / Mb}2o1‘1 6 bib TDPsAI L 80004 N c z µLf- l [1 �rnl-t1L bC ciAN DESCRIPTION OF PROJECT:(List all proposed construction and land disturbance.) IQcnove I1J$IDt= W A t 1EE vtc ENI i t=eoher td0(L � Tb YYl(firKE eoRcN C,ONDiiloN 5VACE• UPDATE klrCAt4 IAV_Lut)NEs NDA) e 3N>. POOLE rtI FLooRs TH ouGl+oLf IQEStpthICE Wrflk LAnitAberab VIOL PLA-HK W4. SIZE OF LOT/PARCEL: 14-OS square feet • 1-7 acres PROPOSED USE: Residential Er (Single-family[r Multi-family ❑ ) Commercial/Industrial ❑ Other ❑ COMPLETE EITHER(1)OR(2) BELOW(Contact your Local Permit Officer if you are no!sure which AEC applies to your property): (1) OCEAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE: 2. 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 I3UILT UPON SURFACES: square feet(includes the area of the foundation of all buildings,driveways,covered decks, concrete or masonry patios,etc. that arc 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 Stormwatcr Management Permit issued by the NC Division of Energy, Mineral and Land Resources(DEMLR)? YES NO 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,HA Certification,Sand Dune,Sediment Control,Subdivision Approval,Mobile Home Park Approval,Highway Connection,and others. Check with your Local Permit Officer for more information. STATEMENT OF OWNERSHIP: I,the undersigned,an applicant for a CAMA minor development permit,being either the owner of property in an AEC or a person authorized to act as an agent for purposes of applying for a CAMA minor development permit,certify that the person listed as landowner on this application has a significant interest in the real property described therein.This interest can be described as: (check one) an owner or record title,Title is vested in name of KQQE}1 K 5A141A2S,astt'u ee o. 4-he VARrA KSAIdDe9s Witic d see Deed Book .7 7 votsi 200191G1 page 3-4 C9-') in the 'PEiJ1jE12, County Registry of Deeds. 1-1214 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) (1) A14014 I11461 MeL 4D{ ZE 407 N AMbeltint4 3L)b iP5P1/411_ C 2g4�F-5 (2) Ken4e{i Nina &ell Po sot. 231 • Ke.nansvi Ile 1* 7-2V13g (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 floodprooflng 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 I I _ day of__,il_ _L_,20 2 Aj4t.Lb') . 100/4 or person authorized to act as his/her agent for purpose of filing a CAMA permit application This application includes:general information(this form), a site drawing as described on the back of this application, the ownership statement, the Ocean Hazard AEC Notice where necessary, a check for$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 riegelr s are incorporated without reference in any permit which may be issued. Deviation from these details will constitute a violation of any permit.Any person developing in an AEC without permit is subject to civil, criminal and adminisira, agOrr2021 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Kk SA'AD Mailing Address: 2S C-bVEN-1"2y L t.1 W ►NSTON - SALEM Nc 2r11 bL Phone Number: 336- Soto - 05,5 Email Address: sant3ers kk Qbmcus-k, net certify that I have authorized ClkA-&LEs T�°I N� 1 CIS ANXI EL ink ER Rtu LbE25, Agent/Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: E tKLrSE Row P(Ad( , UPDciE V.IICREA ePi_At_E i iLC FLb oe.sWt-n-t LVe. at my property located at 4 05 N ArThE.Q .oi4 LVD in `PE141 County. 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. Property Owner Information: *AJ YA k/ AJL _____ Signature K AkOsi K. SAM D6-123 Print or Type Name OWNEI: Title °(''' I It 1 2021 RECEIVED Date JUN 3 0 2021 DCM WILMINGTON, NC This certification is valid through 010 / 1 I / 20 2 2- t ROY COOPER, Governor o ELIZABETH S.BISER Secretary BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality October 8, 2021 Karen Sanders 325 Coventry Park Lane Winston Salem, NC 27104 Dear Ms.Sanders, Attached is CAMA Minor Development Permit TB 21-19 for work to be done at 405 North Anderson Blvd in Topsail Beach, Pender County. An electronic copy has been sent to the Topsail Beach Inspections Department and your Agent. 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. Siierely, d(dzi(- 'il 't)� Anita M.Webb Permit Support Technician N.C. Division of Coastal Management Enclosures Cc: WiRO files TB Inspection Dept. Channel Marker Builders LLC.-Agent t A,Fhl nt N*C • a/111! , GF-~ REPLY TO: JOSH STEIN STATE OF NORTH CAROLINA MARY L. LUCASSE ATTORNEY GENERAL DEPARTMENT OF JUSTICE ENVIRONMENTAL DIVISION (919)716-6962 MLUCASSE@NCDOJ.GOV October 6, 2021 Karen K. Sanders Certified Mail, Return Receipt Requested and 325 Coventry Park Lane Electronically: sanderskk@comcast.net Winston-Salem., NC 27108- 3677 Re: Variance Request for Coastal Area Management Act(CAMA) Permit, CRC-VR-21-03 Dear Ms. Sanders: At its September 2021 remote meeting, the North Carolina Coastal Resources Commission granted your request for a variance. Attached is a copy of the final agency decision signed by the Chair of the Coastal Resources Commission. Prior to undertaking the development for which a variance was sought, Petitioner must first obtain a CAMA permit from the Division of Coastal Management. If for some reason you do not agree to the variance as issued,you have the right to appeal the Coastal Resources Commission's decision by filing a petition for judicial review in the superior court as provided in N.C.G.S.§ 150B-45 within thirty days after receiving the final agency decision. A copy of the judicial review petition must be served on the Coastal Resources Commission's agent for service of process at the following address: William F. Lane, General Counsel Dept. of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If you choose to file a petition for judicial review, I request that you also serve a copy of the petition for judicial review on me at the email address listed in the letterhead. If you have any questions, please feel free to contact me. Sincerely, Mary L. Lucasse Special Deputy Attorney General and Counsel for the Coastal Resources Commission WWW.NCDOJ.GOV 114 W.EDENTON STREET,RALEIGH,NC 27603 919.716.6600 P.O.Box 629,RALEIGH,NC 27602-0629 Ms. Karen K. Sanders October 6, 2021 Page 2 cc: M. Renee Cahoon, Chair electronically Christine A. Goebel, Esq. electronically Braxton C. Davis, electronically Angela Willis, electronically Tara MacPherson, electronically Jason Dail, electronically WWW.NCDOJ.GOV 114 W.EDENTON STREET,RALEIGH,NC 27603 919.716.6600 P.O.Box 629,RALEIGH,NC 27602-0629 STATE OF NORTH CAROLINA ) BEFORE THE NORTH CAROLINA ) COASTAL RESOURCES COUNTY OF PENDER ) COMMISSION ) CRC-VR-21-03 ) ) IN THE MATTER OF: ) PETITION FOR VARIANCE ) FINAL AGENCY DECISION BY KAREN SANDERS ) On July 27, 2021, Petitioner Karen Sanders submitted a request for a variance from the North Carolina Coastal Resources Commission's ("Commission") rules set forth at 15A NCAC 7H .0306(a)(5) to enclose a street-side porch resulting in an additional 92.5 square feet of Total Floor Area in the existing residence.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 September 15,2021.The Commission met remotely by video conference because of the coronavirus pandemic and Governor Roy Cooper's directives limiting public gatherings and encouraging the use of social distancing in keeping with current public health guidelines. Assistant General Counsel Christine A. Goebel, Esq. appeared for Respondent DCM. Petitioner Karen Sanders appeared on her own behalf. 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 quasi-judicial role in allowing variances for permits not otherwise allowed by ordinance). In its -2 - 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. Admin. Code 15A 07J .0702(a). If the parties had been unable to reach an 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 stipulated to other facts, it is possible that the Commission would have reached a different decision. In this case, the record on which the Commission's fmal agency decision was made includes the parties' stipulations of facts, the documents provided to the Commission, and the arguments of the parties before the Commission. FACTS STIPULATED TO BY PETITIONER AND DCM 1. Petitioner is Karen K. Sanders, who owns the property as Trustee of the Karen K. Sanders Revocable Trust. Petitioner has owned the property since January 5,2021,when she took title through a deed recorded at Book 4353, Page 186, a copy of which was provided to the Commission. The oceanfront property is located at 405 N. Anderson Blvd in Topsail Beach, Pender County,North Carolina(the"Site").The Site is shown as Lot 1 of the W Z Fields recorded at Map Book 3, Page 100. The Site is approximately 0.27 Acres in area. 2. The Site is bordered by North Anderson Boulevard(NC Hwy 50) to the west, the -3 - Atlantic Ocean to the east,a lot owned by Mclntyres to the south, and to the north—Public Beach Access#1 and then Lot 2 (owned by Mr. Bell). The tax card,a copy of which was provided to the Commission, indicates that the Site is developed with an 864 square foot single-story home, first constructed in 1954. Also on the Site are a 198 square foot oceanfront porch, a 48 square foot utility room, a 66 square foot street-side porch, and a 24 square foot utility/laundry room which opens to the street-side porch. 3. Petitioner indicates that she plans to maintain the residence as her home and not a rental property. 4. The Site is located within the Ocean Erodible Area of Environmental Concern ("AEC"), adjacent to the Atlantic Ocean. Based on the erosion rate at the Site and the size of the proposed development(under 5,000 square feet),the setback is 60 feet. In this case,there are two lines on the Site, including the First Line of Stable Natural Vegetation ("FLSNV") and a Static Vegetation Line,which was established prior to the Town's first large-scale project implemented in 2010. The FLSNV is landward of the Static Line. Therefore,the FLSNV is the line from which setbacks are measured. Both the FLSNV delineated by DCM staff and the 60-foot setback are shown on the survey which was part of the permit application. 5. The portion of the Site where development is proposed is located within a VE 14 Flood Zone.A copy of the 2013 Elevation Certificate provided by the previous owner(and which expired in 2015) was provided to the Commission. The 2021 Survey indicates that the Site is located within the VE Flood Zone. 6. Pursuant to N.C.G.S. 113A-118, the proposed development requires the issuance of a CAMA permit. -4- 7. Topsail Beach does not have an authorized CAMA Minor Development Permit program, so Petitioner's application was processed by DCM's Wilmington Regional Office Staff. 8. On or about July 14,2021,Petitioner,through her authorized agent Channel Marker Builders,LLC,applied for a CAMA Minor Development Permit proposing to convert 92.5 square feet of the roofed street-side porch and unconditioned utility room to conditioned living space(also known as the Total Floor Area("TFA")). On the survey provided with the application, the room is measured as fifteen feet,two inches by six feet,one inch.The enclosed,but unconditioned utility room located on the porch will become part of the TFA for the residence once it is connected to another conditioned space (i.e., the proposed porch enclosure). Petitioner also proposes interior renovations which are not part of this variance.A copy of Petitioners'CAMA Minor Development Permit Application with site plans was provided to the Commission as a stipulation exhibit. 9. As indicated on the survey, DCM Field Representative Jason Dail staked the FLSNV on June 10, 2021. The FLSNV and the resulting 60-foot ocean erosion setback is shown on the survey. The FLSNV bisects the house. The proposed 92.5 square foot addition(where the street-side porch is currently located)is approximately 75-80 feet landward of the FLSNV. 10. The adjacent riparian property owners are Mr. Bell to the north at 403 N.Anderson Blvd, and the Mclntyres to the south at 407 N. Anderson Blvd. Both adjacent riparian property owners received certified mail notice of Petitioner's Minor Development CAMA permit application on July 10, 2021 and June 30, 2021 respectively. Copies of the certified mail receipts and the USPS tracking information were provided to the Commission as stipulated exhibits. 11. Petitioner is not aware of any objections from adjacent property owners or any member of the public. DCM has not received any objections related to this project. - 5 - 12. On July 22, 2021, DCM denied Petitioner's permit application as the proposed development was inconsistent with the Commission's oceanfront erosion setback rules. While the location of the addition is landward of the 60-foot setback line, it would enlarge a non-conforming structure where the setback line bisects the home, contrary to 15A NCAC 7H .0306(a)(5) which states in relevant part, "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." Also, 15A NCAC 7H .0306(a) states "Structural additions or increases in the footprint or total floor area of a building or structure represent expansions to the total floor area and shall meet the setback requirements established in this Rule and 15A NCAC 07H .0309(a). New development landward of the applicable setback may be cosmetically,but shall not be structurally, attached to an existing structure that does not conform with current setback requirements."A copy of the denial letter was provided to the Commission as a stipulated exhibit. 13. On July 27,2021,Petitioner filed this Variance Request requesting a variance from the 60-foot setback requirement defined in 07H.0306(a)(9) so she could enclose the 92.5 square foot addition as proposed in the CAMA permit application materials. 14. Petitioner is representing herself. DCM is represented by North Carolina Department of Environmental Quality,Assistant General Counsel Christine Goebel. 15. The Petitioner recognizes and stipulates that the proposed development is inconsistent with the rules as set forth in the denial letter. 16. A PowerPoint presentation agreed to by DCM and Petitioner was presented to the Commission during the remote hearing and was also provided to the Commission as a stipulated -6- exhibit. EXHIBITS PROVIDED TO THE COMMISSION BY PETITIONER AND DCM 1. Deed at Book 4353,Page 186 2. Map Book 3,Page 100 3. Pender County Tax Card for the Site 4. 2013 Elevation Certificate 5. CAMA Minor Permit Application, including form, survey, floor plan adjacent owner notice, and project narrative 6. July 22,2021 Denial Letter 7. Powerpoint Presentation 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 oceanfront setback rules will cause unnecessary hardships. The Commission affirmatively finds that strict application of the Commission's oceanfront setback rules would cause Petitioner unnecessary hardship. The Commission established rules for the Ocean Hazard AEC based on its understanding that shoreline erosion is part of the oceanfront system. The focus of the rules is [M]inimizing losses to life and property resulting from storms and long-term erosion, preventing encroachment of permanent structures on public beach areas, preserving the natural ecological conditions of the barrier dune and beach systems, and reducing the public costs of inappropriately sited development. 15A NCAC o7H .o3o3(b). Without the variance, Petitioner would not be able to enclose a -7 - street-side porch. In her Request, Petitioner claims that application of the Commission's oceanfront setback rules will cause unnecessary hardship if she is unable to enclose the porch. Specifically, Petitioner submits that the proposed addition will improve security at the home by enclosing the porch and adding windows. This will allow Petitioner to view the front of the house while she is inside. Petitioner also advised the Commission that enclosing the porch will replace two doors (storm door and entry into house) with one more secure front door. Petitioner represented that the enclosure will also improve the kitchen layout and allow better use of the utility room on the porch which will be included in the conditioned space. In its Staff Recommendation, DCM Staff agrees that a strict application of the oceanfront erosion setback rules cause Petitioner an unnecessary hardship where Petitioner has an existing structure and wishes to increase the size of the structure by approximately 93 square feet(which is an increase of about 10 percent of TFA) by enclosing the street-side porch under the existing porch roof. The porch meets the 60-foot setback but about half of the house does not meet the setback, and enlargement of the partially non-conforming structure is not allowed by rule. The proposed addition is de minimis in nature as to the amount of possible additional structure that could become storm debris, is located on the landward side of the existing house, and is under an existing roofline. Petitioner and DCM agree that application of the Commission's rule would cause unnecessary hardship. The Commission agrees. The Commission affirmatively fmds that Petitioner has shown that the hardship caused by - 8 - denying a permit for the proposed development is unnecessary as the proposed enclosure meets the setback and is de minimus. For these reasons, the Commission affirmatively fords 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 results from conditions peculiar to the property. Specifically, Petitioner has shown that her lot is small and there are limited options for achieving improved functionality and efficiencies. 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 her actions. Specifically,Petitioner took possession of property on January 5,2021. Obviously, Petitioner did not cause the erosion of the vegetation line and dune system landward on her lot. In its Staff Recommendation, DCM suggests that Petitioner has the option to re-work her existing interior space without the need for a variance or increasing the size of the structure,or as contemplated by rule, by creating a structurally separate but cosmetically attached addition. DCM's position is that the addition of 93 square feet of new floor area to the structure is a hardship caused by Petitioners' choice of design. However,DCM acknowledges that the proposed addition is de minimis in nature and is both on the landward side of her home landward of the setback and is enclosing space under the existing porch roof. -9 - The Commission has adopted Petitioner's position on this factor and affirmatively fmds that Petitioner has demonstrated that she has met the third factor required for a variance. 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. A management objective for the Ocean Hazard Areas is "to minimiz[e] losses to life and property resulting from storms and long-term erosion[.]" 15A NCAC 07H.0303.Petitioner argues that the proposed development that will enclose only a small amount of square footage on the front porch. In its Staff Recommendation, DCM agrees that the proposed 93 square foot addition of Total Floor Area will have only a de minimis impact on storm debris. The proposed addition is on the street-side of the existing house, small in size, and within the existing roofline. The Commission agrees with DCM and Petitioner's positions. Furthermore, the proposed design does not extend the footprint of the residence in the setback and if damaged in a future storm would create only de minimis future potential storm debris.This relatively minor enclosure will have a very limited impact,if any,on public safety and welfare, or on preserving substantial justice. For these reasons,the Commission affirmatively finds that Petitioners have met the fourth factor required by N.C.G.S. § 113A-120.1(a). ORDER THEREFORE,the requested variance from the Commission's oceanfront setback rules is - 10 - GRANTED. The granting of this variance does not relieve the Petitioner of the responsibility for obtaining any other required permits from the proper permitting authority. This variance is based upon the Stipulated Facts set forth above. The Commission reserves the right to reconsider the granting of this variance and to take any appropriate action should it be shown that any of the Stipulated Facts is not true or accurate. This the 6th day of October 2017. 4 , M.Renee Cahoon Chair Coastal Resources Commission - 11 - CERTIFICATE OF SERVICE This is to certify that I have this day served the foregoing FINAL AGENCY DECISION upon the parties by the methods indicated below: Method of Service Petitioner: Certified Mail,Return Receipt Requested Karen K. Sanders and Electronically: sanderskk@comcast.net 325 Coventry Park Lane Winston-Salem.,NC 27108-3677 Attorney for NC Division of Coastal Management Electronically: Christine.goebel@ncdenr.gov Christine A.Goebel Assistant General Counsel NC Department of Environmental Quality 217 West Jones Street Raleigh,NC 27603 Braxton C.Davis,DCM Director Electronically: Angela Willis,Assistant to DCM Director Braxton.Davis@ncdenr.gov Tara MacPherson,WiRO District Manager Angela.Willis@ncdenr.gov Jason Dail,DCM Field Representative Tara.MacPherson@ncdenr.gov Division of Coastal Management Jason.Dail@ncdenr.gov 400 Commerce Ave. Morehead City,NC 28557 This the 6111 day of October,2021. Mary L. Lucasse Special Deputy Attorney General and Commission Counsel N.C. Department of Justice P.O. Box 629 Raleigh,N. C. 27602 U.S. Postal Service ir.t 0-" CERTIFIED.MAIL, RECEIPT Ln (Domestic Mail Only;No Insurance Coverage Provided) ROY COOPER For delivery information visit our website at www.usps.como- Governor OFFICIAL USE ELIZABETH S.BISER m Secretary c0 Postage $ BRAXTON DAVIS NORTH CAROLINA CI Director Environmental Qualit) Certified Fee m Postmark CI Return Receipt Fee Here July 22, 2021 2 (Endorsement Required) Restricted Delivery Fee -- (Endorsement Required) CERTIFIED MAIL- 7010 0290 0003 0834 5251ru Total Postage&Fees RETURN RECEIPT REQUESTED ,�l 1�t Sent To�J e,v tv ` 1/1 , 1c'Lp , l Karen Sanders orP0SoxNo.���� Cato 1 tw-. 325 Coventry Park Lane City S y�J dN �,1—� p'� It7 1 Winston-Salem NC 27104 PS Form 3800.August 2006 See Reverse for instructio RE: DENIAL OF CAMA MINOR DEVELOPMENT PERMITAPPLICATION NUMBER- TB21-19 PROJECT ADDRESS- 405 N Anderson Boulevard, Topsail Beach, NC Dear Ms. Sanders: • 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 expansion/enlargement of an existing non-conforming structure(s) within the minimum development setback (measured 60 feet from the First Line of Stable Natural Vegetation (FLSNV) and/or static vegetation line, or 30 times the shoreline erosion rate of 2 feet/year, whichever is greater). Your proposal is inconsistent with 15A NCAC 7H .0306(a)(5) and .0309(a),which state the following: 15A NCAC 07H .0306 (a)(5) - "With the exception of those types of development defined in 15A NCAC 0711.0309, 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:..." •ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X ,� L I ❑Agent • Print your name and address on the reverse � ' 9 L/.. ' . Qadressee so that we can return the card to you. B. Received by(Printed Name C. Date of Deliver) ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1°& '/ - it..1 Pei S 7 Zµ 2 D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: . o V_civv ot vide vs (rote V, 1)A%tc ►,vl. W( 1 411r`n- S 'V M(, 1 N G 3. Service Type ACertified Mail 0 Express Mail I O 0 Registered 0 Return Receipt for Merchandise I0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number- (rransfer from service label) 7010 0290 0003 0834 5251 DC C......'Zia 1 I cei•.n t.,n,onnn n...,.ecri..Ma+.i.n RnncinT 1 mSo4_n9_KA_1 FA UNITED STATESQit'gilzVlc First-Class Mail Postage&Fees Paid USPS �JUL'91 Permit No.G-10 'ti � •++....S,,ennder: Please print your name, address, and ZIP+4 in this box • i' t� 2 1>� cv j ti �0 N NC Div of Coastal Management C° f 127 Cardinal Dr.Ext U N 2 V Wilmington, NC 28405 J U x. a Karen Sanders Page two TB21-19 15A NCAC 07H .0306(9) which states: "Structural additions or increases in the footprint or total floor area of a building or structure represent expansions to the total floor area and shall meet the setback requirements established in this Rule and 15A NCAC 07H.0309(a). New development landward of the applicable setback may be cosmetically, but shall not be structurally, attached to an existing structure that does not conform with current setback requirements." 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. Re,spectlly yours, >2j,--,(1 Jason Dail DCM Field Representative and Local Permit Officer 3 PROJECT DETAILS Front Porch -Make front porch and laundry room a conditioned space area. (Use current front door as door to laundry) — New subfloor, ceiling, drywall/painted as needed. Install new water heater - (Client provides) Install food disposal (Client provides) Remove wall / door/ window connecting the porch area to the kitchen following proper Asbestos guidelines. Follow Engineer letter from SeaCoast Engineering on specific framing requirements. Install two windows - pre-tinted glass. Install T-11 Natural wood siding and paint on front new conditioned space. Install Front Door (impact door required) HVAC- have HVAC contractor confirm that current unit can handle the load of the new conditioned area. Spray foam insulation should be able to lower the load. *This is for inspection only, if other work is necessary, additional cost might be added. Electrical for remodel- add 2 electrical counter receptacles, replace 1 and add 2 additional kitchen GFCI devices, relocate front door switch box for opposite door swing, add two island pendant light wiring boxes and switch (one over island, one over dining room table by back window, with separate switches). Install 2 island pendant lights provided by Client. Add 1 island receptacle. Install dimmers. Install 3 art lights (face left kitchen wall, small wall between 2 bedrooms, wall behind recliners). Replace ceiling fans throughout (fan provided by client) Electrical -home inspection report - Replace overhead electrical meter main combination panel due to corrosion, provide proper grounding , intersystem termination per NEC, facilitate utilities and inspections, replace 1 bathroom GFCI device (not functioning properly), replace 1 bedroom fan provided by Client. Replace 1 rear porch fan- Fan provided by Client. Crawl space attach box not secure to structure, replace box covers with signs of corrosion, secure loose wiring to structure where applicable, Install under cabinet lighting in kitchen Remove plywood under home to allow Client to get spray foamed underneath. RECEIVED Install LVP flooring throughout home to include new conditioned areas. )Ur U 2021 Install stain grade quarter round. 0CM WILMINGTON, NC Outside Shed- Install new sub-floor, prepare to be insulated- Tear down outdoor shower- drop faucet to lower position for future dog wash. Remove and replace back door Remove and replace shed door casing and door Replace window controls - (client provided parts) (window controls have not been tested as the only reason windows cannot open per Inspection report) Repair hole in wood panel with demo material (some cosmetic hole fills cannot be guaranteed. We will fill to our best possible ability. ) Screw/ fill small gaps from wall to ceiling- in left bathroom and left front bedroom. Does not guarantee exact tightening, should be able to improve. Install shelving in laundry room best way possible. Cabinets- CABINETS: WAYPOINT 410F FINISH: MAPLE ESPRESSO COUNTERTOPS: BLANCO CITY BACKSPLASH **ONLY** FROM BACK OF SINK AREA UPTO RAISED BAR. ** RAISED BAR TO BE 14" DEEP **THEY ALSO WANT TWO OUTLETS CUT IN THE QUARTZ BACKSPLASH AREA SINGLE DRILL. UNDERMOUNT SINK PROVIDED BY HOMEOWNER ******* CLIENT WANTS 2.5" THICK COUNTERTOPS**** Back side of cabinets in the new conditioned space will be same color and material as cabinet Pull Permit, work with City on 50% rule and safety items. Provide dump trailer and remove trash. 405 N. ANDERSON BLVD, TOPSAIL BEACH NC 28445 CONSTRUCTION PROJECT RECEIVED JUN 30 2021 SCOPE AND RATIONALE DCM WILMINGTON, NC Overall scope is to remove inside wall between kitchen and front porch with intent to make porch conditioned space. No plan to change the function of this space as it will remain as the primary entry into the home with a utility room at the far end. Kitchen will be updated to include new cabinets. Tile floors throughout residence are to be replaced by laminated vinyl planking (LVP). All work is to be completed inside residence with no impact to external environment. Rationale for conditioned porch are twofold: Improved efficiency: Existing washer/dryer and hot water heater are in unconditioned space. Inspection report suggested replacing the hot water heater given its appearance and age. Initially considered on-demand system but backed away given concerns for existing residence being able to support that. Then received a mailing from JOEMC recommending a hybrid system. Consequently, I have now purchased a hybrid hot water heater. Was not concerned about the environment it would have to function in because I thought it would be conditioned with foam insulation ... which would have also been beneficial for the washer/dryer. I was at my residence in January and must admit that it was not great fun going out on the cold porch to do laundry. I also worry about pipes freezing in those conditions as well. My desire is to use this property year round for personal use (not rental property), so I do not want to shut it down when temperatures are compromising. Improved Security: Currently, I am not able to see what is happening on the front of my residence because everything on the front is covered with fixed shutters. As a single female, this is not advantageous. My intent was to add two windows in the front entry allowing me a visual of the front. The existing front door also opens out, which is not the most expeditious way to enter the residence. I had planned to replace the storm door with a more secure door that would open inward, allow me a speedier entry after dark or during inclement weather. Again, the function of this space would remain the same. There should be no adverse effects to the environment from this project. Planned changes could actually reduce current impact to our natural resources as a result of the improved efficiencies. ATLANTIC OCEAN ,� UNE BEARING DISTANCE '‘ L1 N 48.16.09" E 54.73' SITE � L2 N 5T28'33" E 5.59' L3 S 34.42'23" E 41.61' N ANDERSON BLVD I:6) ATLANTIC OCEAN Ir0 I-K W } W= Et Et Q� QZ Q CP_S 53'39'15" W CP — MHWL MHWL--I 54.34` T VICINITY MAP NO SCALE IT I LOT 1 DB 4353 PG 0.27 ACES 86 1 II u BOD BOD II z_TOD I �Iw TOO 1z old `cA N IN_—TOD ANDREW MCINTYRE ROPE FENCE 'I{•N _------1 N DB 4652 PG 533 TOD '11No Ig MB 10 PG 95 LOT 2 I I I '`3 I ,-BOD FIRST LINE OF STABLE NATURAL MB 3 PG 100 III* VEGETATION AS STAKED BY JASON BOO I DAIL MARKED "JAD 6/10/21" WOOD STEPS ENCROACH 2.33' I r FLSNV LINE „ I ON TO LOT 1 I SIS TOO WIRE FENCE •1 Z PUBLIC BEACH ACCESS w WOOD WALK TOD JO WOOD WALK N N �P 60' OFFSET LINE FROM FlF II lir,�; cN,I FIRST LINE OF STABLE NATURAL 9., U 44ft WOOD RETAINING WALL VEGETATION AS STAKED BY JASON '.•__ ENCROACHES 2.02' DAIL MARKED "JAD 6/10/21" I H (tWOOD 5.•' '1 ON TO ADJOINER I ��� � ,.:.W __ R/W 11.1 WOOD STEPS —pp� 2.5rt FIS R/W FIS L2 FIS GRAVEL i. 0.8' OFF R/W DRIVE EP S r xi EP z r n ANDERSON BOULEVARD ( HWY 50)NC t m N N OR TH a 100' PUBLIC R/W _ --R/W ——— — NOTES: 405 NORTH ANDERSON BOULEVARD ————— TOD— TOP OF DUNE PHYSICAL SURVEY R/w--—— BOD— BOTTOM OF DUNE **FLOOD CERTIFICATION** LOT 1 MHWL— MEAN HIGH WATER LINE EP— EDGE OF PAVEMENT THIS IS TO CERTIFY THAT THIS PROPERTY IS MB 3 PG 100 0' 40' 80' 120' LOCATED IN FLOOD HAZARD ZONE'VE• PER DB 4353 PG 186 COMMUNITY/ 370187 PANELS 4223J 0.27 ACRES tiro,� m — 9 CER11FY THAT THIS MAP WAS DRAWN UNDER MY AL—AREA UGHT FM-- I1 , ..11•' I.la• a,• a. ** uxND***— SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER ��p��p3J-IL_ Ox Fly_FFOUN IROD N%AJL MBL—MINYUM BU • G UNE AREAS COMPUTED MMY YdC��APAGE:IBM OR ENDER RECORDEDE IN DEED RCEICONC�NE FIS--FFMINDIR H PIPE E pp Opp���__OVERHpEpA�O ELECTRIC UNE BY COORDINATES PP OF WAY S&IN--SET RAG NM. MD 3 PG 10 ); THAT THE BOU •-i1 NOT SURVEYED CpMpU7Ep POINT �p —u GHT pp� SD 7S7p''K�--TET PQK NNu STAL ARE INDICATED AS DRA OA. TION IN OWED SNAG YB MAP ENT $AIEW1E DISH YF—_ ORypt t OWE—DRAINAGE&UTILITY EASEMENT SIS--SET IRON STAKE Yu ♦ uciFk B N A PAf N A ,I ,.1]:�] SOURCE N/A • THA I 11••1+ • • POSITIONAL ACCUIV ,,','" 1 , THIS SURVEY FOR: KAREN SANDERS MAP MEETS 1HE 41tE•. ; - 1,,.4:; . -..S OF PRACTICE F L - . PING W.Z FIELDS CAROUNA(21 A . ••).'THIS .7,4• SUBDIVISION: s SEAL 1 N/A N/A GAIRY CANADY SURVEYING • 1— L_ LOT/ BLOCK: SEcnoN:. f .i P.O. BOX: 915 • t 2780 KINSTON HIGHWAY �.�.F�Tf pENDER COUNTY TOPSAIL TOWNSHIP RICHLA DS NC 28574 •*.. 'r REVISED 7/12/21 OFFICE:(9)16)324-4616 A /,,ti 1 DATE:12/1/20 SCALE; 1'=40' FB 305 PG._ MOBILE:(310)3894 8460 \ - U Z z Ci N O Ui n1 ~ > o Z W ce: IP la----.Ai W 2 U Ca SCREENED PORCH BEDROOM MASTER BEDROOM 10'6"x 10'4" , 10'6'x 10'10' LIVING/DINING ROOM " 11'3"x 16'5" ", _ i 1 ) . r _,... . ....._ \__, ..p . BATH 'i - [ HALL : _. 5'1"x7'1" ____./ A In BEDROOM O «; :2 "� ' 10'6"x 10'3" KITCHEN O x V p N 11'3'x 10'4" '� �o �8 r \ I Fitogr on QOQGF� 4 hVNI1¢i � q Row (004.e'Z' GROSS WERRA.ARIA • FLOOR 1,RN fq ft TOTAL:UR p ft '• ic- 54 a, +0N.Anckti& , 8)vd ,- _ 1 0 /I _ �. • s • • 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. 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: (1) 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) Written 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; Locality Permit Number • . Ocean Hazard Estuarine Shoreline ORW Shoreline Public Trust Shoreline Other 'For official use only,) RECEIVED GENERAL INFORMATION JUL p 6 2021 LAND OWNER-MAILING ADDRESS KItKEAI k 6A--A DCM WILIvllNGTON. NC Name —_-_---- ----- ---__ ----- Address 325 at NTk1 LN City-\iJJSTh 'S»L�-1Y�_.--- State AL, Zip?)1 A Phone 3 3L Sob Email 3C0n3ti,r ( i1.P.V661r•(1 e4 AUTHORIZED AGENT Name 14-A N1 L, m t}K 1<li --r&At L D r S__..._ Address l l'I,u i V 1 Z , 51l Thr City l�rI L\jkl D(,-t= State N C Zip 2$116S Phone 9IO.741-/113 G10 .4g -6 11 1 Email Cilo�liz Ch��tloe-I it kerot,�Ide_5 • c LOCATION OF PROJECT: (Address,street name and/or directions to site;name of the adjacent waterbody.) G5 N 4N6112 oN Vj oil) lhr34iL -8E-Ac0 N C 2 44 AlLAN'(1G bCI u-1N DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) ' I711(711i< I JJS?ber 1,J4LL i4-r1,?EE-Ai 161- N J fizi4-' t'0 A MAKE fkk&N (ON Diilont 6d4CE. UPDATE KireilEbt 1ALcub/NW t4 U) Floe Rs TH. ouctt uT i ESt()Ei lcE wrn L,miJJornt t ig JL I'I rt K/A6 SIZE OF LOT/PARCEL: 1'I-0S square feet __I-7 - acres PROPOSED USE: Residential E (Single-family Er Multi-family ❑ ) Commercial/Industrial ❑ Other � COMPLETE EITHER(1)OR(2) BELOW(Contact your Local Permit Officer if you are not sure which AEC applies to your property): (1) OCEAN HAZARD AECs:TOTAL FLOOR AREA OF PROPOSED STRUCTURE: lag. 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(DEMLR)? YES NO ✓ Receipts for Certified Mail (Staple Here) /2S,I2.oZ I Date lt..eivrtth A17-14 1411 Adjacent rope Owner Adjacent Z3I Mailina Address enit4"1 frilk 2-17(f29 City, State,Zip Code Dear Adjacent Property: This letter is to inform you that I, VAWA -IJVDRS have applied for a CAMA Minor Property Owner Permit on my property at 4 N P/J-m-QSoN , in Topsail Beach, Property Address Pender County. As required by CAMA regulations, I have enclosed a copy of my permit application and project drawing(s)as notification of my proposed project. No action is required from you or you may sign and return the enclosed no objection form. If you have any questions or comments about my proposed project, please ;oniact me at 336-306-OS15 ,or by mail at the address listed below. If you wish to Applicant's Telephone 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 27 Cardinal Drive Ext. Wilmington, NC 28405 WEN .5AMDE Property Owner 325" Coy `I T.pk U Mailing Address vJ 1 NC 2 I-0'-J- City, State, Zip Code RECEIVED JUN 3 0 2021 DCM WILMINGTON. NC I. . -Os a erviceTu CERTIFIED MAILTM, RECEIPT II (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.comoo u Yet 1 VCc c9 .. USE poAAg6Q 0460 $2.85 15 Certified Fee $0.00 t $0.00 Postmark j Return Receipt Fee I • (Endorsement Required) f.I ill Here Restricted Delivery Fee $0.00 (Endorsement Required) $0.75 u Total Postage&Fees $ 06/28/2021 7 $7.70 Sent To Ignoe4 k n ati Street.Apt.No.; 190 p i, or PO Box No. JC 01X z 3/ CJty,state.ZIP+4 k�aste d Ike ;edified Mail Provides: I A mailing receipt I A unique identifier for your mailpiece I A record of delivery kept by the Postal Service for tw; mportant gee, I Celli' ,uY be combined with First-Class Maile or Priority Mail( I Certif .available for my class of international mail. I NO INS' ;CE COVERAGE IS PROVIDED with Certified Mail. Foi valuables,,,ease consider Insured or Registered Mail. For an additional fee,a Return.Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS©postmark on your Certified Mail receipt is required. For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement "Restricted Ce'%very". I If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postma-'ing. If a postmark on the Certified Mail receipt is not no' •-d,deta^h affi>i mbel.vith postage and mail. MPORTANT:Sa' : present it when making an inquiry. 'S Form 3800,August 2006(Revrirse)PSN 7530-02-000-9047 Receipts for Certified Mail (Staple Here) G,/Z�'1 Lo2,/ Date AN + ANGI me IN11QE Adjacent Property Owner 4orl N A-NDE2.5ON BL.Vb Mailin Address TO Brim ,BE,qu+ nlc 284 -5 City, State,Zip Code Dear Adjacent Property: This letter is to inform you that I, V--.AQEN 1. 6ANbEQS have applied for a CAMA Minor Property Owner Permit on my property at 1-1-0S 4-1•11)E1 oy4 gLV D , in Topsail Beach, Property Address Pender County. As required by CAMA regulations, I have enclosed a copy of my permit application and project drawing(s)as notification of my proposed project. No action is required from you or you may sign and return the enclosed no objection form. If you have any questions or comments about my proposed project, please contact me at 336-3 o,-OS iS ,or by mail at the address listed below. If you wish to Applicant's Telephone 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 gsu_EN Property Owner 32 cOv ei ) e?iwvC L Mailing Address V416_).1 SAL N C zn l o q- City, State, Zip Code RECEIVED JUN 3 0 2021 DCM WILMINGTON, NC . . 'os a ervice TM CERTIFIED MAILTM RECEIPT ✓ (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.com,; u Hole, Ridge, ,.". ..6,?-Jr, u $3. U Postage $ r Gc 15 Certified Fee IMINI Postmark • ReturnReceipt Fee , Here 7• (Endorsement Required) 7 Restricted Delivery Fee (Endorsement Required) 1J Total Postage&Fees 06/28/2021 $7. '. 111111111111 Sent To AWA R .: ► d INT`jZ 7 greet.^^pot No.; 7 or PO Box No. 4-1Y1 N. A Nb P M -V' crry,State,ZIP+4 rtbP5141L :Jd4,N (- 7$yy5 :edified Mai'o. •aiflps: I A ma , ceipt t unique identifier for your mailpiece I A record of delivery kept by;;ne Postal Service for two years r .•tan!Reminders: r certified Mail may()Ni -d with First-Class Mail®or Priority Mail I Certified Mail is n, class of international mail. NO INSURANCE uOVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. I For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receip'.(PS Form 3811)to the article and add apr';,able postage to cover the fey Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a c plicate return receipt,a USPS®postmark on your Certified Mail receipt is required. I For an addi,' fee, delivery may be restricted to the addressee or addresse^' r zed agent.Advise the clerk or mark the mailpiece with the endors, ,tricted Delivery". r If a pustma "the Certified Mail receipt is desired,please present the arti- cle at the r .t office for pos'marking. If a nnstmark on the mac,ti`r I Mail receipt is _ .eded,det' n"stage and mail. MPORTANT:Save this receipt and preabrr,it mien making an inquiry. 'S Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 OCEAN HAZARD AEC NOTICE Project is in an: Ocean Erodible Area High Hazard Flood Area Inlet Hazard Area Property Owner: 1Aga K *A4ti16 t as+"u64e_e o-C i'I,e I<Al2 M K SA141)625 1p.E111a131--cTi214T Property Address: 5 1�1 j liDEP b &LJ/D TDP$AIL BEACN NC 2VI/'1S Izott Date Lot Was Platted: gs`� This notice is intended to make you, the applicant, aware of the SPECIAL NOTE: This hazard notice is required for special risks and conditions associated with development in this development in areas subject to sudden and massive storms and area,which is subject to natural hazards such as storms,erosion erosion. Permits issued for development in this area expire on and currents. The rules of the Coastal Resources Commission December 31 of the third year following the year in which the require that you receive an AEC Hazard Notice and permit was issued. Shortly before work begins on the project acknowledge that notice in writing before a permit for site,the Local Permit Officer must be contacted to determine the development can be issued. vegetation line and setback distance at your site. If the property has seen little change since the time of permit issuance,and the The Commission's rules on building standards, oceanfront proposed development can still meet the setback requirement, setbacks and dune alterations are designed to minimize, but not the LPO will inform you that you may begin work. Substantial eliminate, property loss from hazards. By granting permits, the progress on the project must be made within 60 days of this Coastal Resources Commission does not guarantee the safety of setback determination,or the setback must be re-measured.Also, the development and assumes no liability for future damage to the occurrence of a major shoreline change as the result of a the development. Permits issued in the Ocean Hazard Area of storm within the 60-day period will necessitate re-measurement Environmental Concern include the condition that structures be of the setback. It is important that you check with the LPO relocated or dismantled if they become imminently threatened before the permit expires for official approval to continue the by changes in shoreline configuration. The structure(s) must be work after the permit has expired. Generally, if foundation relocated or dismantled within two (2) years of becoming pilings have been placed and substantial progress is continuing, imminently threatened, and in any case upon its collapse or permit renewal can be authorized. It is unlawful to continue subsidence. work after permit expiration. The best available information,as accepted by the Coastal For more information,contact: Resources Commission, indicates that the annual long-term average oce Jrosion rate for the area where your property is located is k/ feet per year. Local Permit Officer The rate was established by careful analysis of aerial photographs of the coastline taken over the past 50 years. N.C. Dept. of Environmental Quality / Division of Coastal Management y�also indicate that the shoreline could move as much as 9 V feet landward in a major storm. 127 Cardinal Drive Extension Wilmington, NC 28405-3845 1 he waters in a major storm are predicted to be about tfr feet deep in this area. Preferred oceanfront protection measures are beach nourishment / 10 6 - 7- c)--1--/ and relocation of threatened structures. Hard erosion control structures such as bulkheads,seawalls,revetments,groins,jetties Phone Number and breakwaters are prohibited. Temporary sand bags may be authorized under certain conditions. The applicant must acknowledge this information and requirements by signing this notice in the space below. Without the proper signature,the application will not be complete. RECEIVED 4AI/4. ifirid1Ad— 61/11262J JUN 30 2021 Property Owner Signature Date DCM WILMINGTON, NC Rauicurl AAA,911111 U.S.DEPARTMENT OF HOMELAND SECURITY ELEVATION CERTIFICATE FEDERAL EMERGENCY MANAGEMENT AGENCY OMB No. 1660-0008 A'ariorud Flood hum-mice Program important: Read the instructions on pages 1-9. Expiration Date:July 31,2015 SECTION A-PROPERTY INFORMATION FOR INSURANCE COMPANY USE Al. Building Owner's Name LEWIS LEMON Policy Number: A2. Building Street Address(including Apt.,Unit,Suite,and/or Bldg.No.)or P.O.Route and Box No. Company NAIC Number: 405 NORTH ANDERSON BOULEVARD City TOPSAIL BEACH State NC ZIP Code 28445 A3. Property Description(Lot and Block Numbers,Tax Parcel Number,Legal Description,etc.) LOT 1,MAP BOOK 3 PAGE 100 PENDER COUNTY REGISTRY A4. Building Use(e.g.,Residential,Non-Residential,Addition,Accessory,etc.)RESIDENTIAL A5. Latitude/Longitude:Let.34°23.445'N Long.77°35.798'W Horizontal Datum: ❑ NAD 1927 ® NAD 1983 A6. Attach at least 2 photographs of the building if the Certificate Is being used to obtain flood insurance. A7. Building Diagram Number 5 A8. For a building with a crawlspace or enclosure(s): A9. For a building with an attached garage: a) Square footage of crawlspace or enclosure(s) N.A sq ft a) Square footage of attached garage N.A.. sq ft b) Number of permanent flood openings in the crawlspace b) Number of permanent flood openings in the attached garage or enclosure(s)within 1.0 foot above adjacent grade N.A. within 1.0 foot above adjacent grade 11.A. c) Total net area of flood openings in A8.b N.A, sq in c) Total net area of flood openings in A9.b N.A. sq in d) Engineered flood openings? ❑ Yes M No d) Engineered flood openings? ❑ Yes ® No SECTION B-FLOOD INSURANCE RATE MAP(FIRM)INFORMATION B1.NFIP Community Name&Community Number 62.County Name B3.State TOWN OF TOPSAIL BEACH 370187 PENDER NORTH CAROLINA B4.Map/Panel Number B5.Suffix 86.FIRM index Date B7.FIRM Panel B8.Flood B9.Base Flood Elevation(s)(Zone 3720422300 J 2-26-2007 Effective/Revised Date Zone(s) AO,use base flood depth) 2-16-2007 VE 14.0' B10. Indicate the source of the Base Flood Elevation(BFE)data or base flood depth entered in Item B9. ❑ EIS Profile ® FIRM ❑ Community Determined ❑ Other/Source:_ B11. Indicate elevation datum used for BFE in item B9: 0 NGVD 1929 ® NAVD 1988 ❑ Other/Source: B12. is the building located in a Coastal Barrier Resources System(CBRS)area or Otherwise Protected Area(OPA)? 0 Yes M No Designation Date: ❑ CBRS ❑ OPA SECTION C-BUILDING ELEVATION INFORMATION(SURVEY REQUIRED) C1. Building elevations are based on: 0 Construction Drawings' ❑ Building Under Construction' ® Finished Construction 'A new Elevation Certificate will be required when construction of the building is complete. C2. Elevations-Zones Al-A30,AE,AH,A(with BFE),VE,V1-V30,V(with BFE),AR,ARIA,AR/AE,AR/AI-A30,AR/AH,AR/AO.Complete Items C2.a-h below according to the building diagram specified in Item A7.In Puerto Rico only,enter meters. Benchmark Utilized:LOCAL RM Vertical Datum: NGVD 1929 Indicate elevation datum used for the elevations in Items a)through h)below. ❑NGVD 1929 El NAVD 1988 ❑Other/Source: Datum used for building elevations must be the same as that used for the BFE. Check the measurement used. a)Top of bottom floor(including basement,crawlspace,or enclosure floor) 16.6 ®feet ❑meters b)Top of the next higher floor N.A. ®feet ❑meters c) Bottom of the lowest horizontal structural member(V Zones only) 15.4 ®feet ❑meters d)Attached garage(top of slab) N.A. ®feet ❑meterpl CEIVEI� e) Lowest elevation of machinery or equipment servicing the building 16.2 ®feet ❑meters (Describe type of equipment and location In Comments) f) Lowest adjacent(finished)grade next to building(LAG) 11.8 ®feet ❑meters N 3 0 2021 g) Highest adjacent(finished)grade next to building(HAG) 14.7 ®feet Cl meters h)Lowest adjacent grade at lowest elevation of deck or stairs,including structural support 14.7 ®feet ❑meters SECTION D-SURVEYOR, ENGINEER,OR ARCHITECT CERTIFICATION DGM WILMINGTON, NC This certification is to be signed and sealed by a land surveyor,engineer,or architect authorized by law to certify elevation - information.1 certify that the Information on this Certificate represents my best efforts to interpret the data available. 1 understand that any false statement may be punishable by fine or Imprisonment under 18 U.S. Code,Section 1001. ® Check here if comments are provided on back of form. Were latitude and longitude In Section A provided by a ❑ Check hero if attachments. licensed land surveyor? ® Yes ❑ No •.;i..AI Certifier's Name JOHN A.BENSON,JR. License Number L-1217 111121: Title P.L.S. Company Name JOHN BENSON SURVEYING Address 15696 U.S.HIGHWAY 17 City HAMPSTEAD State NC ZIP Code 28443 Signe (At ; ate 10.29-2013 Telephone 910 270 0840 ELEVATION CERTIFICATE,page 2 IMPORTANT: In these spaces,copy the corresponding information from Section A. FOR INSURANCE COMPANY USE Building Street Address(including Apt.,Unit,Suite,and/or Bldg.No.)or P.O.Route and Box No. :Policy Number: 405 NORTH ANDERSON BOULEVARD City TOPSAIL BEACH State NC ZIP Code 28445 Company NAIL Number. SECTION D—SURVEYOR, ENGINEER,OR ARCHITECT CERTIFICATION(CONTINUED) Copy both sides of this Elevation Certificate for(1)community official,(2)insurance agent/company,and(3)building owner. Comments HV/AC USED FOR C2e 4,7V Signature Date 10-29-2013 SECTION E—BUILDING ELEVATION INFORMATION(SURVEY NOT REQUIRED)FOR ZONE AO AND ZONE A(WITHOUT BEE) For Zones AO and A(without BFE),complete items E1—E5.If the Certificate is intended to support a LOMA or LOMR-F request,complete Sections A,B, and C.For Items El—E4,use natural grade,if available.Check the measurement used.In Puerto Rico only,enter meters. El. Provide elevation information for the following and check the appropriate boxes to show whether the elevation is above or below the highest adjacent grade(HAG)and the lowest adjacent grade(LAG). a)Top of bottom floor(Including basement,crawispace,or enclosure)is ❑feet ❑meters ❑above or❑below the HAG. b)Top of bottom floor(including basement,crawlspace,or enclosure)is _ ❑feet ❑meters ❑above or❑ below the LAG. E2. For Building Diagrams 6-9 with permanent flood openings provided in Section A Items 8 and/or 9(see pages 8-9 of instructions),the next higher floor (elevation C2.b In the diagrams)of the building is ❑feet ❑meters ❑above or ❑below the HAG. E3. Attached garage(top of slab)is ❑feet ❑meters ❑above or ❑below the HAG. E4. Top of platform of machinery and/or equipment servicing the building Is ❑feet ❑meters ❑above or❑below the HAG. E5. Zone AO only: If no flood depth number is available,Is the top of the bottom floor elevated in accordance with the community's floodplain management ordinance? ❑Yes ❑ No ❑ Unknown.The local official must certify this Information in Section G. SECTION F—PROPERTY OWNER(OR OWNER'S REPRESENTATIVE)CERTIFICATION The property owner or owner's authorized representative who completes Sections A,B,and E for Zone A(without a FEMA-issued or community-Issued BFE) or Zone AO must sign here.The statements in Sections A,B,and E are correct to the best of my knowledge. Property Owner's or Owner's Authorized Representative's Name Address City State ZIP Code Signature Date Telephone Comments ❑Check here if attachments. SECTION G—COMMUNITY INFORMATION(OPTIONAL) The local official who is authorized by law or ordinance to administer the community's iloodplain management ordinance can complete Sections A,B,C(or E),and G of this Elevation Certificate.Complete the applicable item(s)and sign below.Check the measurement used in Items G8-G10.in Puerto Rico only,enter meters. G1.❑ The Information in Section C was taken from other documentation that has been signed and seated by a licensed surveyor,engineer,or architect who Is authorized by law to certify elevation information. (indicate the source and date of the elevation data in the Comments area below.) G2.❑ A community official completed Section E for a building located in Zone A(without a FEMA-issued or community-issued BFE)or Zone AO. G3.❑ The following Information(Items G4—G10)is provided for community floodplain management purposes. G4.Permit Number G5. Date Permit Issued G6. Date Certificate Of Compliance/Occupancy Issued G7. This permit has been issued for: ❑New Construction 0 Substantial Improvement RECEIVED G8. Elevation of as-built lowest floor(including basement)of the building: ❑feet ❑meters Datum G9. BFE or(in Zone AO)depth of flooding at the building site: ❑feet ❑meters Datum J U N 3 0 /U 21 G10.Community's design flood elevation: ❑feet ❑meters Datum Local Official's Name Title DCM WILMiNGTON, NC Community Name Telephone Signature Date Comments 0 Check here if attachments. ELEVATION CERTIFICATE, page 3 Building Photographs See Instructions for Item A6. IMPORTANT:In these spaces,copy the corresponding Information from Section A. FOR INSURANCE COMPANY USE Building Street Address(including Apt.,Unit,Suite,and/or Bldg.No.)or P.O.Route and Box No. Policy Number: 405 NORTH ANDERSON BOULEVARD City TOPSAIL BEACH State NC ZIP Code 28445 Company NAIC Number. If using the Elevation Certificate to obtain NFIP flood insurance, affix at least 2 building photographs below according to the instructions for Item A6. Identify all photographs with date taken; "Front View"and `Rear View"; and, if required, "Right Side View"and "Left Side View." When applicable, photographs must show the foundation with representative examples of the flood openings or vents, as indicated in Section A8. If submitting more photographs than will fit on this page, use the Continuation Page. FRONT REAR :, G - Y F FXci iI ' 8 _ t .,,It.ftt-'• if......--- le 'S �5-Z-'-?�.,- 1 a.- `-J' - -, zj v r f.N :1 try :}'; } 4 - _ • ` rr, iti RECEIVED JUN 30 2021 DCM WILMINGTON, NC CC►AA r........non n on f-7un, ELEVATION CERTIFICATE, page 4 Building Photographs Continuation Page IMPORTANT:In these spaces,copy the corresponding information from Section A. FOR INSURANCE COMPANY USE Building Street Address(including Apt.,Unit,Suite,and/or Bldg.No.)or P.O.Route and Box No. Policy Number: 405 NORTH ANDERSON BOULEVARD City TOPSAIL BEACH State NC ZIP Code 28445 CompanyNAIC Number: If submitting more photographs than will fit on the preceding page, affix the additional photographs below. Identify all photographs with: date taken; "Front View" and "Rear View"; and, if required, "Right Side View" and "Left Side View." When applicable, photographs must show the foundation with representative examples of the flood openings or vents,as indicated in Section A8. RIGHT ' '''' ''''''''',.; '-‘k , k iiiir'r\--: ' 01.4$144. YAIA, • „ •-''-, jZ' r. Otil.:-f -- -_--,- - • ----. : fr . �_. ..2 LEFT ', z r fr;s ;• ,ia.. 3fc., -r`'\,a- it,h"t-F.:sr�".,._ _.-i ' 1' �" n RECEIVED JUN 3 0 2021 DCM WILMINGTON. NC Seacoast Engineering, P.C. ii Geotechnical & Structural Engineering 5111 Everette Court Wilmington, NC 28412 Phone: (910) 622-4001 NC License No. C-2917 February 11,2021 Mr. Jason Smith Channel Marker Builders LLC 1294 Hwy 172, Ste 1 Holly Ridge,NC 28445 Reference: Foyer Evaluation 405 North Anderson Boulevard Topsail Beach,North Carolina Dear Mr. Smith, Seacoast Engineering P.C.recently provided a foyer evaluation within the residential structure at 405 North Anderson Boulevard located in Topsail Beach,North Carolina. This letter is the report of our findings and evaluations. On January 12, 2021, the undersigned visited the project site to provide an evaluation of the foyer. On the front of the house there is a 6'x9' unconditioned foyer that is to be converted to condition space and have the door and window between the house and foyer removed. The house is a pile foundation system,and the removal of the door and window will create about a 8'-0"opening. Based on the results of our evaluation, we recommend using a(2) 1.75"x7.25" LVL 2.I E header to the new opening where the window and door were located. Install a minimum of(2)2x4 stud pack at each and there is about 2,700-pound point load at each end. Verify that these is solid blocking down to the girder below each stud pack. The floor joist under the foyer area do not have hangers or ledgers,we recommend installing hangers or ledgers on these floor joists in accordance too the 2018 NC Residential Building Code. If you have any questions after reviewing this, letter, please do not hesitate to contact us at your convenience. Respectfully, ``t`t i I I i i,,-',' , `,0HCAig0 % 0 . �Essio••/4, �" yr 2'.Q Q. '1'.'•.7 ( � SEAL - 031504 - -Michael A. Copeland, P.E. - • 2../).11 . RECEIVED -���.'•ti E G I N 0�'•P� :� /'I, ' L A.c0C" \N\ J U N 30 "�:'i , 1)CM WILMINGTON, NC r(vy y .,.:X,' �...w wr+�++MsY'.�k¢t.s.+•..��=,y, ,aew.w:ude{..runrpllnrf,:r: �..r„M�•fars.w.ae,n i• zd .mod ,,, `,"; ' • a' •`»..1 J)f,'t p.td if 9P.:j- .s Mi r ., i,.. `1"yf1 ::vtt S;a,<ri.av f.'1 i • • ..,YTMP(l gt'41..:r if^f I'i��. , . .. • r f; P1 'If';14> .f<<t �i„f� 'n i.l`lit: ..A1.4 • ft • ;i;{,}'. 3i3ail- .1�' !' jr d '.si' 1X' .1 id:,. r wp"', �J., 1}' .u' P+ 1,1y, 1.., �a dt ._ rt J;'1i;✓ tn ,f','ot 3; , . f°W�, a4 i :'yjir c�'grfd4 t`a?i i` 'i: ;R; .¢;, i,' ? tltt r 1 CD,',l„Ift �. .'<• A .M1:;+ '14 <r4', .{i""7`J '... :4 lffN;} �. ..+.g" 4,4 .t:,t,r,.fJ1 3°r�� L.It� d>tJ. ; .w.#•!t tF-�I.u, J'i • • °Ja E' ?i, ,.1 Fa f7 1' r de Yr,T.T°Ft1N r f J dt u s Y"'iS 1 ,(t ` . ! "C..i r{ :S. ,f►e.:,.r+.!�al7:: .;,r,•f•.'f! lir3rl it d� ? eY l . °F :' rr.•. .' i. • Tr( 'r it' tdt d :Bt,",C14 # >'l«� fi':"'` Y „�} 1fl1iV►C3° t, 'tt �dt civ. f`+.ti•111 • . t :':r: °.ft i t :°n;r r't. .a)` 14:<+".11 ;J2Yi r.)t3tdiY' J"J�kt I`I'•<)S�)'���f Y4' 1 0.ietYi :Siid 'Or i y� t, RA .P. .�,� +:s a, s ti#�. t l'a"F': +Jt .}.i.4 Y' ''.aSt"f:•. • !: +`✓ ,ai> r++ 1, liK IBf ,'f.J + .fi ) 1Ai *�dJ i .. '13' [ dj f r :`t" tyt ,.. . ed 1 9 3 ,- '!t • • BK 4737 PG 3 - 6 (4) DOC# 20075959 This Document eRecorded: • 01/05/2021 04:33:50 PM Fee: $26.00 DocType: DEED Tax: $1 ,160.00 Pender County, North Carolina Sharon Lear Willoughby, Register of Deeds NORTH CAROLLNA GENERAL WARRANTY DEED Excise Tax: $1,160.00 Parcel Identifier No.4223-36-4123-0000 Verified by County on the day of 20 By: Mail/Box to: Watson Legal,PLLC,200 Valencia Drive,Suite 162,Jacksonville,NC 28546 — This instrument was prepared by: Watson Legal,PLLC,200 Valencia Drive,Suite 162,Jacksonville,NC 28546 Brief description for the Index: L1 W Z FIELDS MAP BOOK 3 AT PAGE 100 THIS DEED made this 21st day of December,2020,by and between GRANTOR GRANTEE Mary C Bowman and Peter Poling Karen K. Sanders,as trustee of the Karen K Sanders Revocable 130 Seminole Rd Trust Dated 07/20/2011 Atlantic Beach,FL 32233 405 N Anderson Blvd Topsail Beach,NC 28445 • , Enter in appropriate block for each Grantor and Grantee:name,mailing address,and,if appropriate,character of entity,e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties,their heirs, successors, and assigns,and shall include singular,plural,masculine,feminine or neuter as required by context. WITNESSETH, that the for a valuable consideration paid by the:grantee, the receipt of which is hereby acknowiedged,has and by these presents does Aram. bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land or condominium unit situated in the City of Topsaii Beach, ' . Township, Onslow County, North Carolina and more particularly described as follows: SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF. The property hereinabove described was acquired by Grantor by instrument recorded in Book 4353 page 186. All or a portion of the property herein conveyed includes or V does not include the primary residence ofeivED A map showing the above described property is recorded in Plat Book 3 page $00 . JUN 3 0 2021 Il Frm No. 3 N, NC NC Bar Association Form No. 3 C Revised 7/2013 North Carolina Bar asn Printed by Agrcancnt with the NC Bar Association North Carolina Association of Realtors,Inc.-Standard Form 3 Submitted electronically by "Watson Legal, PLLC" in compliance with North Carolina statutes governing recordable documents and rho rormc of rho cuhmirrar anraamanr with rho Pander r'nunry Renicrer of nppdc_ U NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $1,160.00 Parcel Identifier No.4223-36-4123-0000 Verified by County on the day of 20 By: Mail/Box to: Watson Legal,PLLC,200 Valencia Drive,Suite 162,Jacksonville,NC 28546 This instrument was prepared by: Watson Legal,PLLC,200 Valencia Drive,Suite 162,Jacksonville,NC 28546 Brief description for the Index: L1 W Z FIELDS MAP BOOK 3 AT PAGE 100 THIS DEED made this 21st day of December,2020,by and between GRANTOR GRANTEE Mary C Bowman and Peter Poling Karen K.Sanders,as trustee of the Karen K Sanders Revocable 130 Seminole Rd Trust Dated 07/20/2011 Atlantic Beach,FL 32233 405 N Anderson Blvd Topsalil Beach,NC 28445 Enter in appropriate block for each Grantor and Grantee:name,mailing address,and,if appropriate,character of entity,e.g. corporation or partnership. .. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include •singular,plural,masculine,feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged,has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land or condominium unit situated in the City of Topsail Beach, Township, Onslow County, North Carolina and more particularly described as follows: , SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF. The property hereinabove described was acquired by Grantor by instrument recorded in Book 4353 page 186. All or a portion of the property herein conveyed includes or V does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book a page 100 . NC Bar Association Form No. 3©Revised 7/2013 North Carolina Bar Association-NC Bar Form No. 3 Printed by Agreement with the NC Bar Association North Carolina Association of Realtors,Inc.-Standard Form 3 . TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple,has the right to convey the same in fee simple,that title is marketable and free and clear of all encumbrances,and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever,other than the following exceptions: IN WITNESS WHEREOF,the Grantor has duly executed the foregoing as of the day and year first above written. (SEAL) (Entity Name) 'nt a ame:Mary C Bovman By: (SEAL) Print/Type Name&Title: P . ype Name:Peter Poling By: (SEAL) PrintType Name&Title: Print/Type Name: By: (SEAL) Print/Type Name&Title: Print/Type Name: State of North Carolina-County of Onslow I,the undersigned Notary Public of the County and State aforesaid,certify that Mary C Bowman and Peter Poling personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this 22nd day of December,2020. Ic(ekkAA@P2E_ My Commission Expires: 11 June 2023 \````pN KO 7.1/,/� QQ� Notary lie -3 Notary Public AS Onslow County My Comm. Exp. - • o 08-11-2023 . • State of North Carolina-County of I,the undersigned Notary Public of the County and State aforesaid,certify that personally came before me this day and acknowledged that he is the of ,a North Carolina or corporation/limited liability company/general partnership/limited partnership(strike through the inapplicable),and that by authority duly given and as the act of such entity, he signed The foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal,tliis day of ,20 My Commission Expires: Notary Public State of North Carolina-County of I,the undersigned Notary Public of the County and State aforesaid,certify that Witness my hand and Notarial stamp or seal,this day of ,20 My Commission Expires: RECEIVED Notary Public JUN 3 0 2021 2 DCM WILMINGTON, NC NC Bar Association Form No. 3®1976,Revised©1/1/2010,2013 This standard form has been approved by: Printed by Agreement with the NC Bar Association North Carolina Bar Association-NC Bar Form No. 3 The foregoing Certificate(s)of is/are certified to be correct This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. Register of Deeds for County By: Deputy/Assistant—Register of Deeds • • • • NC Bar Association Form No. 3®1976.Revised® 1/1/2010.2013 This standard form has been annrnveMM by EXHIBIT "A" Lying and being in Topsail Township,Pender County,North Carolina and more particularly described as follows: Being all of Lot I as shown on map entitled"Plot for W.Z.Fields"recorded in Map Book 3 at Page 100 of the Pender County Registry,reference to which map is hereby made for a more particular description. Commonly Known As:405 N Anderson Blvd,Topsail Beach,NC 28445 t • RECEIVED JUN 3 0 2021 DCM WILMINGTON, NC 4 NC Bar Association Form No. 3 C 1976,Revised© 1/1/2010,2013 This standard form has been approved by Printed by Agreement with the NC Bar Association North Carolina Bar Association-NC Bar Form No. Locality Permit Number Ocean Hazard Estuarine Shoreline ORW Shoreline Public Trust Shoreline Other (For official use only) RECEIVED GENERAL INFORMATION IUL Q 6 2021 LAND OWNER- MAILING ADDRESS KAIz s 6lk1D� s DCM WILMINGTON, NC Name --.._.. _____ ----- -- ---Address--- 325 C'ov wi21 ,/a-. 1L LN City_'vt1gSTDN SALa11 _ State Zip 20 10W} Phone 331, -3O� 5'15 Email Sancl e,�sk 0 t'.1'~oc'66t•11 eit AUTHORIZED AGENT Name_ L 1 A N 1\1 L. })1 A'4tE)Q_ i 1 L D EiZs Address_ ant i-Kv1 L I Z , 6)AFreI City kit.' kl bG-E State NC. • Zip 2S4/S Phone 910-?41.1l 13 91O 6 (v I I I Email e.h cli2 c) ehcnne.lnlau kerbu'rIcjj 5 • ctorn LOCATION OF PROJECT: (Address,street name and/or directions to site; name of the adjacent waterbody.) �-G 4-Nb j2, A uV Lv i) Th P3A I L B EA. , N c 2A LPF 5' i r be IN DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) i%i 1,ALu ArrivEE 0-,k ,, 1nv+ ,=^ ?;•t 'TO, al EKE r'erzc►-t e Dr DAIEID 50.V:a btATE kireAEA IALLL,b NC Division of Coastal Management A B C� Cashier's Official Receipt Date: 1, 201.4 ' Received From: atri,6# [t' 1/Y►- ebb$ Permit No.: w Check No.: Applicant's Name: 1/44"""` 5t t(4 County: T4.41 erip Project Address: 4C) Aitt1A44, 5'a &L, Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: n Date: '""-] I lc r NC Division of Coastal Management 14904 AB CD Cashier's Official Receipt Date: 1' 14 20 aum,60- �� ti Received From: �j M� S 1 b Permit No.: T! Check No.: Applicant's Name: )M^"'` 5t County: T441 Project Address: A-19,6" 1\r, AltrziAkcir'_ 041 76195.aLQ &L, Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: Date: , i f t 21 Signature of Field Representative: Date: Date Date Check From Name of Vendor Check Check Permit Rct Received Deposited Permit Holder Number amount Number/Comments 7/14/2021 Karen K. Sanders same UBS 1097 $100.00 minor fee.,405 N Anderson, JD rct Financial Topsail Beach PnCo 14904 Services