KB 10-09 Town of Kure Beach_Minor Permit_20110520

WiRO for The Town of Kure Beach -� KI3 10-09
Local Government Lf �i2Permit Number
wu� CAMA
MINOR DEVELOPMENT
PERMIT
as authorized by the State of North Carolina, Department of Environment,
and Natural Resources and the Coastal Resources Commission for development
in an area of environmental concern pursuant to Section 113A-118 of the
General Statutes, "Coastal Area Management Act" i i
Issued to The Town of Kure Beach authorizing development in an Ocean Hazard (AEC) at the 105 Atlantic Avenue, as
requested in the permittee's application dated August 26 2010 and received as complete on March 29, 2011 (with revisions
dated received on May 18, 2011). This permit, issued on May 20, 2011, is subject to compliance with the application dated
received by DOM on March 21, 2011. all applicable regulations and special conditions and notes set forth below. Any violation
of these terns may subject the permittee to a fine, Imprisonment or civil action, or may cause the permii to be null aiiu void.
This permit authorizes the re -development of the former Rolling Sun` Motel property located at 105 Atlantic Ave. in Kure Beach, New
Hanover County for the new public Oceanfront Park. Construction includes a 2,500 square foot pavilion, 550 square foot bathroom
facility, associated on -site stormwater system and landscaping, replacement of existing asphalt roadway and public parking to include
pervious pavers for parking areas and accesses, elevated public beach access and maintenance of the existing boardwalk between X"
Ave. to 1 "Ave. Any other development will require additional permits or a modification to this permit.
(1) All proposed development and associated construction must be done in accordance with the permitted work plat
drawing(s) dated received on March 21, 2011 (with revisions dated received on May 18, 2011).
(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) The uncovered decks "swing platforms" that are depicted on Sheet C2.0 and the "beach overlook area" depicted
on Sheet C2.OA that are all located seaward of the static vegetation line are not authorized under this permit.
Any reference to these platforms in the attached application and work plan drawing(s) is hereby null and void.
(Additional Permit Conditions on Page 2)
,y.
This permit action may be appealed by the permittee or other qualified persons
within twenty (20) days of the issuing date. From the date of an appeal, any Acting Local Permit Official (signature)
work conducted under this permit must cease until the appeal is resolved. This
permit must be on the project site and accessible to the permit officer when the
project is inspected for compliance. Any maintenance work or project Acting CAMA Local Permit Official
modification not covered under this permit, require further written permit Robb L. Mairs
approval. All work must cease when this permit expires on: Wilmington Regional Office
117 Cardinal Drive Extension
August 13, 2015 Wilmington, NC 28405
In issuing this permit it is agreed that this project is consistent with the local Land
Use Plan and all applicable ordinances. This permit may not be transferred to
another party without the written approval of the Division of Coastal Permittee
Management. (Signature required if special conditions above apply to permit)
MAY 2 7 )n44

Town of Kure Beach
Minor Permit 10-09
May 20, 2011
Page Two
(4) The new structures must set back a minimum of 60 feet from the static vegetation line, as determined by the
DCM, the LPO, or other assigned agent of the DCM and shall be less than 5,000 square feet in living area. No
portion of the roof overhang can extend into the oceanfront 60' setback area from this static vegetation line.
(5) The permittee is required to contact the Local Permit Officer 910-796-7215 shortly before he plans to begin
construction to arrange a setback measurement that will be effective for sixty (60) days barring a major shoreline
change. Construction must begin within sixty (60) days of the determination or the measurement is void and
must be redone.
(6) All buildings constructed within the ocean hazard area shall comply with the NC Building Code, including the
Coastal and Flood Plain Construction Standards of the N. C. Building Code, and the Local Flood Damage
Prevention Ordinance as required by the National Flood Insurance Program. If any provisions of the building
code or a flood damage prevention ordinance are inconsistent with any of the following AEC standards, the more
restrictive provision shall control.
(7) All buildings must be elevated on pilings with a diameter of at least 8 inches in diameter if round, or 8 inches to a
side if square; and the first floor level of the sills and joists must meet the 100-year flood level elevation.
(8) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under the
structure.
(9) Dune disturbances will be allowed only to the extent necessary for development and if the dune's protective
value is not weakened or reduced. Disturbed dune areas will be immediately stabilized.
(10) All unconsolidated material resulting from associated grading and landscaping shall be retained on site and
outside of any wetlands by effective sedimentation and erosion control measures. Disturbed areas shall be
vegetatatively stabilized (planted and mulched) within 14 days of construction completion.
(11) 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 CRC rules.
(12) Pursuant to 15A NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold or
otherwise disposed of to a third -party.
(13) Pursuant to 15A NCAC, Subchapter 71-1.0308(c)(3), the accessway over the dunes shall provide only
pedestrian access to the ocean beach. The accessway must be constructed so as to make negligible
alterations to the frontal dunes. That portion of the accessway crossing the frontal dune must be constructed
on raised posts or pilings of five feet or less in depth, so that wherever possible only the posts or pilings touch
the frontal dunes without any alteration to the dunes. In no case shall the dune be altered so as to
significantly diminish its capacity as a protective barrier against flooding and erosion.
NOTE: The expiration date of this permit has been extended in accordance with Session Law 2009-406, as amended by
Session Law 2010-177.
6"25 -ll E
Signature Date MAY 2 7 2011

Locality to U S2aJ Permit Number /6 - 00 9'
Ocean Hazard X Estuarine Shoreline ORW Shoreline
(For official use only)
GENERAL INFORMATION
LAND OWNER
Name 6t j,^,3 o4 skyj��
Address T2 <'_Y." N
Public Trust Shoreline Other
City ��l State �� Zip Phone y
AUTHORIZED AGENT
Name
Address — SM v
City
State Zip
Phone
LOCATION OF PROJECT: (Address, street name and/or directions to site. If not oceanfront, what is the name of the
adjacent waterbody.) /D5 l}tlAdzIrC', 19&q
DEEpSC�RIP/T�ION OF PROJECT: (List all proposed construction and land disturbance.) — n
550 5� �o- �'o6M � �� . �X�S�i Ae� dls{�1�o�}' -f o bQ �yr&d I ftk if"Oto P!#JL ft'•S
cx cep; r % 'eco-rZ"O k -Na+x I '- V r4�
SIZE OF LOT/PARCEL: square feet acres -r Adu6e
PROPOSED USE: Residential (Single-family Multi -family ) Commercial/Industrial
Other x Pwawc
TOTAL ENCLOSED FLOOR AREA OF A BUILDING IN THE OCEAN HAZARD AREA OF ENVIRON-
MENTAL CONCERN (AEC): SC60 square feet (includes all floors and roof covered decks)
SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT -UPON SURFACES IN THE
COASTAL SHORELINE AREA OF ENVIRONMENTAL CONCERN (AEC): 3C60 square feet
(Calculations includes the area of the roof/drip line of all buildings, driveways, covered decks, concrete or masonry pati
etc., that are within the applicable AEC. Attach your calculations with the project drawing .)
Choose the AEC area that applies to your property:
(1) within 75 feet of Normal High Water/Normal Water Level for the Estuarine Shoreline AEC
(2) within 575 feet of Normal High Water/ Normal Water Level for the Estuarine Shoreline AEC, adjacent to
Outstanding Resource Waters
(3) within 30 feet of Normal High Water/ Normal Water Level for the Public Trust Shoreline AEC
(Contact your Local Permit Officer if you are not sure which AEC applies to your propC E I V EQ(���D
STATE STORMWATER MANAGEMENT PERMIT: Is the project located in an areDCsu6ject o a�t�aa a Stormwwater
Management Permit issued by the NC Division of Water Quality? MAR 2 1 2011

� /v -UC) 7
APPLICATION FOR
CAMA MINOR
DEVELOPMENT
PERMIT
In 1974, the North Carolina General Assembly passed the Coastal Area
Management Act and set the stage for guiding development in fragile and
productive areas that border the state's sounds and oceanfront. Along with
requiring special care by those who build and develop, the General Assembly
directed the Coastal Resources Commission (CRC) to implement clear
regulations that minimize the burden on the applicant.
This application for a minor development permit under CAMA is part of the
Commission's effort to meet the spirit and intent of the General Assembly. It
has been designed to be straightforward and require no more time or effort
necessary from the applicant. Please go over this folder with the Local Permit
Officer (LPO) for the locality in which you plan to build to be certain that
you understand what information he or she needs.
Under CAMA regulations, the minor permit is to be issued within 25 days once
a complete application is in hand. Often less time is needed if the project is
simple. The process generally takes about 18 days. You can speed the approval
process by making certain that your application is complete and signed, that
your drawing meets the specifications given inside and that your application
fee is attached.
Other permits are sometimes required for development in the coastal area.
While these are not CAMA-related, we urge you to check with the Local
Permit Officer to determine which of these you may need. A listing is included
on page 2 of this folder.
We appreciate your cooperation with the North Carolina Coastal Management
Program and your willingness to build in a way that protects the resources
of our beautiful and productive coast.
Coastal Resources Commission
Division of Coastal Management
RECEIVED
DCM WILMINGTON, NC
MAR 2w, 1 2011
0.

OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA minor deveh
ment permit. As a service we have compiled a listing of the kinds of permits that might be required. We suggest you check over the 1
with your LPO to determine if any of these apply to your project. Zoning, Drinking Water Well, Septic Tank (or other sanitary waste
treatment system), Building, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA Certifica
Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway Connection, and others.
STATEMENT OF OWNERSHIP:
I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an AEC o
person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the pe:
listed as landowner on this application has a significant interest in the real property described therein. This interest can b,
described as: (check one)
#Jean owner or record title, Title is vested in rVgc o OLP i 6!1 � , see Deed Book _ Z
page 2t� 44 in the ow tlAnotWA 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 PROPERTY OWNERS:
I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I have give]
ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit.
(Name) (Address)
(1)
(2)
(3)
(4)
FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS:
I acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptil
to erosion and/or flooding. I acknowledge that the local permit officer has explained to me the particular hazard problem:
associated with this lot. This explanation was accompanied by recommendations concerningg stabilization and floodproof
techniques. R EC E I V E D
DCM WILMINGTON, NC
PERMISSION TO ENTER ON LAND: MAR 2 1A011
I furthermore certify that I am authorized to grant and do in fact grant permission to the loca permit o cer and his agen
enter on the aforementioned lands in connection with evaluating information related to this permit application.
This application includes: general information (this form), a site drawing as described on the back of this application, the
ownership statement, the AEC hazard 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 constitute a violatio
of any permit. Any person developing in an AEC without permit is subject to civil, criminal and administrative action.
This the �0 day of--- WST , 20

SITE DRAWING/APPLICATION CHECKLIST
Please make sure your site drawing includes the following information required for a CAMA minor development permit.
The Local Permit Officer will help you, if requested.
PHYSICAL DIMENSIONS
Label roads
Label highways right-of-ways
Label local setback lines
Label any and all structures and driveways currently existing on property
Label adjacent waterbody
PHYSICAL CHARACTERISTICS
Draw and label normal high water lirie (contact LPO for assistance)
Draw location of on -site wastewater system
If you will be working in the ocean hazard area:
Draw and label dune ridges (include spot elevations)
Draw and label toe of dunes
Identify and locate first line of stable vegetation (contact LPO for assistance)
Draw and label erosion setback line (contact LPO for assistance)
Draw and label topographical features (optional)
If you will be working in a coastal shoreline area:
Show the roof overhang as a dotted line around the structure
Draw and label landward limit of AEC
Draw and label all wetland lines (contact LPO for assistance)
Draw and label the 30-foot buffer line
DEVELOPMENT PLANS
Draw and label all proposed structures
Draw and label areas that will be disturbed and/or landscaped
Note size of piling and depth to be placed in ground
Draw and label all areas to be paved or graveled
Show all areas to be disturbed
Show landscaping
NOTE TO APPLICANT RECEJV Ep
Have you: pCM WILMINGTON1 NC
• completed all blanks and/or indicated if not applicable?
• notified and listed adjacent property owners? MAR
• included your site drawing?
• signed and dated the application?
• enclosed the $100.00 fee?
• completed an AEC Hazard Notice, if necessary? (Must be signed by the property owner)
FOR STAFF USE
Site Notice Posted Final Inspection Fee Received
Site Inspections

A�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson
Governor Director
May 20, 2011
CERTIFIED MAIL — 7010 0290 0003 0833 8550
RETURN RECEIPT REQUESTED
W. Dan Bell
Attorney at Law
P.O. Box 136
Kure Beach, N.C. 28449
Dear Mr. Bell:
Dee Freeman
Secretary
This letter is in response to your correspondence in behalf of Robertson Enterprises, Inc., which was received by the N.C. Division of
Coastal Management on April 21, 2011, regarding your concerns about the proposed development by the Town of Kure Beach, along
105 Atlantic Avenue, adjacent to the Atlantic Ocean, in Kure Beach, New Hanover County. The project consists of the re-
development of the former Rolling Surf Motel property located at 105 Atlantic Ave. in Kure Beach, New Hanover County for
the new public Oceanfront Park. Construction includes a 2,500 square foot pavilion, 550 square foot bathroom facility,
associated on -site stormwater system and landscaping, replacement of existing asphalt roadway and public parking to
include pervious pavers for parking areas and accesses, elevated public beach access and maintenance of the existing
boardwalk between "K" Ave. to "L" Ave. The proposed project has been determined to comply with local regulations and the Rules
of the Coastal Resources Commission (7H.0300), and as such, a permit has been issued to authorize the development. I have
enclosed a copy of the permit, as well as, the applicable rules.
If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal
Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing.
The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20)
days of the disputed permit decision. I have enclosed the applicable forms and instructions that must be filed prior to that deadline.
Please contact me at 910-796-7215, if you have any questions, or if I can provide any additional information.
Respectfully yours,
Steven Everhart, Ph.D.
Wilmington District Manager
N.C. Division of Coastal Management
127 Cardinal Dr. Ext.
Wilmington, N.C. 28405
Cc: Ms. Christine Goebel
127 Cardinal Drive Ext., Wilminqton, NC 28405 ,. TOne , " I ,

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MAY 3 1 2011
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UNITEG,5,TALF,- ,RgATALS A�I_j W
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........ ........
Sender: Please print your name, address, and ZIP41n' this box
NC Div. of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845

W. Dan Bell
Attorney at Law
Mailing Address: PO Box 136
206 K Avenue, Ste. 205
Kure Beach NC 28449
910/458-4370 Fax [phone]
email: danbell@attydanbellcom
April 20, 2011
Rob Mairs
Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington NC 28405
Re: Proposed Kure Beach Oceanfront Park
Dear Mr. Mairs:
As you recall I represent Robertson Enterprises, Inc., ("Robertson") which owns
property which adjoins the proposed park. This letter is in response to request for a
CAMA permit application from the Town of Kure Beach which my client received with
the last 30 days.
Robertson objects to the issuance of this permit on the following grounds and
demands that your agency not issue the permit.
I. PLAN SUBMITTED NOT APPROVED BY COUNCIL
First, you will recall that I wrote to you on September 16 and September 28, 2010,
objecting to an earlier Town permit request which was returned to the Town for changes.
This request eliminated all spaces on the east side of Atlantic across from the park site.
Robertson and the Town arrived at a compromise which retained 9 spaces. This
compromise was approved by the Town Council on November 16, 2010. This plan is
attached as Exhibit A. Please note the notation in the upper right-hand corner by the
Town Clerk Nancy Avery. This also is the plan which is currently on the Town's website.
After this Council action, my client and I believed that the issue had been
resolved.
Second, a few days after November 16, Town Commissioner Keener approached
Mike Robertson, requesting a further change to parking across from the park. Mr. Keener
wanted to include a walkway and two handicapped spaces at the north end of the park
site. (see attached Exhibit B which is the plan submitted with the pending Permit request)
After prolonged negotiations Robertson agreed under the clear condition that one of the
handicapped spaces at the north end of Atlantic would be converted to a regular parking
space and that Council approve the compromise. By email Mr. Keener assured us that
Council would approve this second compromise. Based on his assurances, I notified
several State agencies that this matter had been resolved. RECEIVED
DCM WILMINGTON, NC
APR 2 1 2011

Third, at its December 14, 2010, Council received final plans for the proposed
park from its architects. These plans included the compromise approved on November 16.
The minutes state that a representative of Withers and Revenel Landscape Architects
noted that "Significant changes to the travel aisle on Atlantic Avenue were made at the
last council meeting removing only 6 parking spaces instead of all." (Minutes of this
meeting attached as Exhibit C)
There was no other reference to the parking configuration by anyone on Council
or by anyone in the audience. Council voted unanimously to accept the final plans as
presented.
Later in the meeting Commissioner Keener moved for the acceptance of the
second compromise. This motion was defeated on a 3-2 vote. (Exhibit C, Page 14) This
voted killed Exhibit B which was the second compromise and which is the plan submitted
with the pending permit application.
Therefore, Exhibit A remained unchanged as the only plan approved by Council.
Robertson strongly submits that Exhibit A is the only legal plan and that it should
have been submitted with the pending Permit request.
II. JOHN BATSON LACKED AUTHORITY TO SUBMIT EXHIBIT B AS
THE TOWN'S PLAN
John Batson is the building inspector for the Town. As stated on the pending
permit application, Batson submitted it as the agent for the Town. As an agent he is
authorized to act only according to the instructions of his principal which is the Town
Council.
A CAMA permit cannot be issued to the Town from a plan which the Town did
not approve. Therefore, the pending application must be denied.
III. THE PROPOSED PARK HAS BEEN AND WILL CONTINUES TO BE
DESTRUCTIVE TO THE TOWN OF KURE BEACH
A. The Town Continues to Assume Debt That It Cannot Afford
The Town borrowed $1,100,000 from BB&T to buy the park site for
$3,600,000. Grants have not come close to paying for this purchase. Annual
payments have come and will continue to come from the Town's general fund.
In addition, Council this month held a public hearing on a proposal to
borrow an additional $600,000 to finance development of the proposed park.
Additional loans may be necessary.
B. Taxes Must Increased to Pay for the Park
The Town has no additional revenue sources and cannot cut necessary
services. A tax increase is a foregone conclusion. The amount is the only
unknown.
C. The Park Will Deprive the Business Area Of Necessary Parking Spaces.
The approved site plan eliminated 27 spaces which has a direct impact on
the amount of sales tax revenue for the Town.
D. The Park Will Cripple Future Development of the Small Business District.
Development of the business district may be the most viable source of
increased revenue for the Town. Because of CAMA setback regulations, the
RECEIVED
DCM WILMINGTON, N
APR 2 1 2011

existence of the park will limit development on neighboring property. The
small size of the business district makes this very significant.
I incorporate and refer you to my September 16 letter which sets out additional
objections to the proposed park, including incompatibility with the Town Land Use Plan.
In conclusion, on behalf of my client, I submit that you must reject the pending
permit application because it does not contain the plan approved by Council and because
John Batson lacked authority to submit the application containing the unapproved plan
and for the other reasons set forth in this letter..
CC: Mike Robertson
John Batson
RECEIVED
DCM WILMINGTON, N
APR 2 1 2011

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TOWN COUNCIL MINUTES
REGULAR MEETING
COUNCIL MEMBERS PRESENT:
Mayor
Dean Lambeth
Mayor Pro Tern
Chuck Keener
Commissioner
Jim Dugan
Commissioner
Barry Nelder
Conunissioner
Emilie Swearingen
STAFFPRESENT
Town Clerk
Finance Officer
Police Dept
Nancy Avery
Arlen Copenhaver
Officer Paul Hubbard
DECEMBER 14, 2010 at 6:30 pm
COUNCIL MEMBERS ABSENT
None
Town Attorney A. A. Canoutas was in attendance. There was a quorum of the Town
Council present.
Mayor Lambeth called the meeting to order at 6:30 pm. Pastor Chris Glenn of Carolina
Beach Community Church delivered the invocation. Mayor Lambeth led in the pledge of
allegiance.
RECOGNITION AND AWARDS
Mayor Lambeth and the Town Council presented a plaque to Ronnie Pernell for
appreciation of service on the Tourism Development Authority,
APPROVAL OF CONSENT AGENDA
1. Approve payment of change order in amount of $13,700 for Lisle Architecture &
Design for the Ocean Front Park
2. Approval of Tourism Development Authority request for total reimbursement of
$46,038.07. $33,797.50 - lifeguard expenditures from 8/26/10 through September,
2010 and $12,240.48 - 2010 Street Festival expenses RECEIVED
3. Adoption of tluee budget amendments; DCM WILMINGTON,
• 11-21 APR 2 1 2011
• 11-22
• 11-23
4. Approval of contract with American coach charter for $985.00 for Parks &
Recreation trip to `Hooray for Hollywood'
EXHIBIT
p/mill utes/2010/council/TCMM121410 € _ 1

5. Building Department report - November 2010
6. Finance Department report —November 2010
7. Fire Department report — November 2010
8. Police Department report — November 2010
9 Meeting Minutes:
11/16/10 — closed
11/16/10 - regular
11/16/10 — public hearing 0FP
MOTION — Commissioner Dugan made the motion to approve the consent agenda with
no changes.
SECOND - Commissioner Swearingen
VOTE - Unanimous
ADOPTION OF THE AGENDA
Mayor Lambeth requested a change to item # 1 adding `consideration and adoption of
joint resolution'.
MOTION — Commissioner Dugan made the motion to adopt the agenda with one change
to item # 1 as referenced above.
SECOND - Commissioner Nelder
VOTE - Unanimous
PRESENTATIONS TO COUNCIL
1. Brandt Barnwell, Marketing conunittee chairman
Mr. Barnwell stated the purpose of the committee is to work with the convention bureau
to put heads on beds. The committee feels that Kure Beach and the other beach towns are
not getting their fair share of advertising. Beach towns are lumped in as Cape Fear Coast.
They have been promoting this way for 24 years and it isn't working. The beach town
mayors and mennbers of the conunittee met and put together a joint resolution in respect
to branding, marketing and public relations efforts of the Wilmington/Cape Fear Coast
Convention and Visitors Bureau. I am presenting this resolution for your consideration.
Discussion:
Mayor Lambeth stated this is long overdue. Wrightsville Beach adopted the resolution at
the last meeting and he is sure Carolina Beach will adopt it at their meeting tonight.
MOTION - Commissioner Dugan made the motion to adopt the joint resolution as
presented.
SECOND — Mayor Pro Tem Keener
VOTE - Unanimous RECEIVED
Said joint resolution is herein included as part of these minutes. DCM WILMINGTON,
APR 2 1 2011
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2. Lisle Architecture & Design and Withers and Ravenel — presentation of final
plans for Ocean Front Park
a) David Lisle of Lisle Architecture & Design stated:
We have worked on the cost estimate and materials since Council selected final design at
the last meeting, We are lin-dted on building materials since it is an open structure.
We will use a metal roof, trim and different cedar materials that are sustainable.
We recommend gray cedar siding which is PVC 100% recyclable and looks more real. It
is 10% more expensive than real cedar, but you never have to paint.
The inside will be white board and batten and we recommend cedar on inside. It requires
no painting and can be power washed to clean.
The footprint is 3500 square feet and the main roof structure covers 2700 square feet.
We had two contractors price construction and they brought an -estimate of $405,000 to
build the pavilion and restroom building. We think when we get in competitive bids in
this market, this amount will be high.
We project a 90 day construction period on both structures.
Audience comments and questions to Mr. Lisle:
Ted Gragg — is there a wind rating for the material for siding?
Lisle — It has the sauce ratings as natural cedar and meets the 150 mile per hour wind
requirements.
Ken Withrow — how will the material hold up to graffitt since it has a stain?
Lisle - It should handle the same as painted material. If someone spray painted it you
might have to repaint. The color is easy to match.
b) Greg Lambert and Kurt Pfeifer of Withers and Ravenel Landscape Architects
stated:
Significant changes to the travel aisle on Atlantic Avenue were made at the last Council
meeting removing only 6 parking spaces instead of all. Per grant requirements, the
parking areas must be pervious and the street asphalt.
We have incorporated planting beds for native plants for educational purposes.
The tot lot will have a toy pirate ship and a couple of ground animal climbing structures.
That is all that can fit in that area.
There will be 3 Southport type swings in the site. The green lawn has a berm in back that
filters everything towards the stage.
RECEIVED
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At the front of the site, there was a request for four spaces at the last Council meeting:
two for town maintenance, not delineated by stripes or color, and two on the other side
for loading/unloading for events only.
Audience comments and questions:
Are there any handicapped parking spaces?
W&R - Yes, two spaces.
What is the loading zone substructure and do they look like parking spaces?
W&R - No all parking is out of pervious pavers and won't look like parking spaces.
Does any grass grow in between pavers on the walking path or is it a solid surface?
W&R —The pavers are notched and filled with pea gravel and there is a heavier gravel
base underneath.
Our cost estimates are (without utilities at this point):
$95,000 for paving, concrete, pervious pavers, safety surface in playground area and
shade structure for tot lot, striping for handicap parking spaces.
$140,000 for site amenities to include flag poles, trash cans, benches, swings, bollards.
$250,000 total estimate without storm water and utilities.
Discussion and consideration of acceptance of filial plans and authorization to
Engineering Services to proceed with Request for Proposal for contractor and any other
items related to the Ocean Front Park.
Commissioner Swearingen — can we sell the pavers as memorial pavers? Could we have a
turtle inbedded?
W&R — we don't have a cost but we can do that and get the cost.
Commissioner Dugan — I've checked and there are companies that will sand blast if it is
something that can be molded. The bigger the design the more permanent.
Commissioner Swearingen — will the boardwalk remain like it is or be completely
rebuilt?
W&R — the boardwalk will be the same elevation. We don't think CAMA will let you
change the elevation. The Town will replace what is there now.
Commissioner Dugan — we are replacing the boardwalk because it needs it and to match
the newer walkway.
MOTION - Commissioner Dugan made the motion to accept both proposals as presented
and authorize Engineering Service to proceed with the Request for Proposal for a
contractor.
SECOND— Mayor Pro Tern Keener RECEIVED
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VOTE — Unanimous
Clarification of Council member in charge of the park
Mayor Lambeth stated he will not have the time necessary due to family medical
problems to oversee the park construction and with Commissioner Dugan's qualifications
he recommends Commissioner Dugan be in charge of park construction.
MOTION Mayor Lambeth made the motion for Commissioner Dugan to be the
designated commissioner to oversee the park construction.
SECOND — Commissioner Swearingen
VOTE — Unanimous
PERSONS TO ADDRESS COUNCIL
1. Dan Bell — if prices come out as quoted today for the park, does the Town have
enough money on hand to pay for this?
Finance Officer Copenhaver replied that it may involve some financing, at least for the
short term, but is dependent on all the numbers. It is hard to say at this point.
2. Tony Gonsalves, SLAP committee chairman stated:
a) My committee is asking Council to Iook into the owner of property on Fort Fisher
Boulevard west for firture parking. We are asking for Council approval for the
committee to pursue this and also possibly use of land further south where a motel was
for parking. The property is wide open. We could do grass with signage.
Discussion:
Mayor Lambeth stated it can't be used for a parking lot like it is now. There would be
some cost involved with possibly stoning it but not paving.
Conunissioner Swearingen asked if the committee has money in their budget to pave it
after the cost for the park and requested they work with the Finance Officer to make sure
there is enough in the budget to do this.
Chair Gonsalves replied that the committee has $10,000 in their budget and they will
work with Alien (Finance Officer), but wants Council permission to talk with the owner
first.
Mayor Lambeth stated he would be opposed to having an opening off of Fort Fisher
Boulevard because it would lose spaces.
Jim Votta, resident, stated that if the Town creates a parking lot, doesn't it have to follow
guidelines such as for lighting? I believe you are going to have to Iook at zoning. This
may be a special use requirement.
RECEIVED
DCM WILMINGTON, NC
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MOTION — Commissioner Dugan made the motion to allow SLAP to research the
possibilities of interim parking on vacant land as referenced.
SECOND — Mayor Pro Tern Keener
VOTE — Unanimous
b) Chair Gonsalves stated that the SLAP committee also wants to look at a better layout
for parking at Joe Eakes park, the corral and six beach entrances. According to the MPO,
we need to revisit spaces in the beach entrances. I'm not professionally allocated to
layout parking lots. Drawings need to be to scale so that Public Works can lay out spaces.
We want Council permission to get a quote from a company to lay out these spaces.
Discussion:
Commissioner Swearingen — are you asking for an engineer drawing?
Gonsalves — I'm not sure.
Mayor Lambeth — do they have companies that do this or does it fall under an architect?
Greg Lambert of Withers and Ravenel Landscape Architects commented that their firm
would handle this type of request. It would probably cost a couple of hundred dollars for
a pen and ink layout. If you wanted computer generated layout, it would cost much more.
We could for about $110 an hour or on a `not to exceed' basis.
Jim Smith, SLAP committee member, stated we are really looking for someone to
supervise the Town staff to put this in.
MOTION — Commissioner Swearingen made the motion to have the SLAP committee
work with Withers & Ravenel to develop a parking layout plan for Joe Eakes Park, the
corral and six beach accesses and include the Finance Officer to make sure it is within
budget.
SECOND — Commissioner Nelder
VOTE - Unanimous
c) Findings on paid parking east of Fort Fisher from N Avenue to Davis Road and other
items
Chair Gonsalves stated the committee was asked to look at the feasibility of paid parking
east of Fort Fisher from N Avenue to Davis Road. We invited the business community to
attend and comment. They asserted that they are not in favor of paid pakring in the
business district or anywhere in town. They were quite emphatic. They stated they feel it
will compromise their businesses and they will lose revenue. The committee finding is
that putting paid parking east of Foil Fisher won't generate enough revenue to make it
feasible. We are in the process of adding 200 parking spaces as a result of two previous
surveys. Our goal is to meet the MPO recommendation of 800 parking spaces. The SLAP
committee says paid parking is not warranted at this time.
RECEIVED
DCM WILMINGTON, �!
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3. Craig Galbraith, Planning and Zoning (P&Z) chairman, stated:
P&Z has requests for Council guidance.
a. Zoning — the business and residential districts have many categories of allowable uses.
There are major holes that need to be fixed. The SIC codes in the business district have a
lot of inconsistencies that need to be fixed.
The Special Use Permit is typically for uses that need additional examination and
conditions. We don't have a lot of uses designated as special use. A good example would
be amusements. Do we want to have a Special Use Permit for that? P&Z wants to embark
on a serious look at zoning and SIC codes and we want direction from Council. Do you
want strict or lax interpretation? Strict definition would take out snore uses.
Discussion:
Mayor Lambeth —Can you give us an example of an existing business allowed in a
residential district?
Galbraith — No example of existing business, but it is allowable.
Commissioner Dugan — Do you see giving us any recommendation to change zoning in
certain areas?
Galbraith — No, just to look at different uses and apply the Special Use Permit more
aggressively.
Commissioner Dugan — I choose a moderate approach if we go forward and we can
tweak whichever areas we reconunend.
Mayor Lambeth —we need to proceed cautiously so it won't bite us. The only businesses
in residential areas I can think of are the Lutheran retreat area and Peter Doran's
photography business. It has been there a long time. I don't want to tell him he can't have
his business.
Attorney Canoutas — the Code says if use not specifically mentioned in each district it is
forbidden. What happened to that language?
Galbraith — The language is still there, but with using SIC codes, they are set up to allow
the zoning officer to make an interpretation, We don't have specific language that says if
that can't be done, then it is not permitted. We need to have some interpretation of some
uses to fit SIC codes.
Chair Galbraith stated that what I'm hearing is allowing us to look at SIC code clean up
and come back to Council with a reconunendation and take a moderate approach.
CONSENSUS OF COUNCIL - Take a moderatc approach when looking at zoning and
SIC code clean up and come back to Council witli a reconnnuendation.
RECEIVED
DCM WILMINGTON.,'f
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b) Chair Galbraith stated the second item is the sign ordinance.
There are three elements to the ordinance: prohibited, new chart size and structure, and
non conforming signs. There is nothing wrong with non conforming signs. The issue is
how you deal with it.
P&Z is recommending a long amortization. Twelve years with a three year extension
based on two public hearings. The longest in the Carolinas is 10 years. We propose a one
time automatic extension of three years if the owner is the same. We are recommending
historical signs be exempt and to give control to Council to deny or allow extensions. We
don't recommend grandfathering.
We are asking for direction from Council on dealing with non conforming signs.
Discussion:
Tony Gonsalves, resident, asked how many non conforming will there be? We should
keep things simple. Grandfather with restrictions about hurricanes or signs in dis-repair
that have to replaced. If the town is modernizing, we are giving owners so many months
to bring in conformance. I can't see doing this to our business owners.
Galbraith — There will be twelve non conforming signs, some based on height.
Chair Galbraith stated the amortization does help business owners. Bad signage doesn't
attract tourism and that hurts businesses. Grandfathering presents a problem. The general
feeling of P&Z is to recommend a long amortization process with renewable appeals. We
need guidance.
Commissioner Nelder stated we should do like Chair Galbraith recommends — do
everything except grandfathering. If we grandfather and add a lot of restrictions, we are
not grandfathering. A long amortization is the best option. This gives them fifteen years
and gives our Council the right to decide if it wants to leave the sign in place or not. I like
a long amortization (12 years) with option to appeal to Council.
Commissioner Swearingen stated that six non conforming signs didn't seem much, then it
became twelve. I'm surprised at the number. I started looking at the signs. One small sign
is very high. There is no way to know the business is there unless the sign is above the
roof top and there is no place else to put it. Any lower and it is behind the building. If we
have the option to continue allowing something like that as a special circumstance, if it
takes away advertising for a particular business, then I want the option to say they can
keep that sign.
Mayor Pro Tern Keener cone vented that it puts Council in the position of being sign
ordinance detectives. Council can pick and choose. I like not grandfathering and a long
tern amortization. How will the appeal process be done?
Galbraith — The appeal will probably be to P&Z first and then to Council. There would
Inave to be criteria to determine.
RECEIVE'Al
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s

CONSENSUS OF COUNCIL — Use a twelve year amortization process with an option to
appeal to Council.
4. Gabby Kraus, Parks and Recreation conuluttee member stated:
a) The eighteen holes for the disc golf course have been roughed out and is ready to be
finished up, possibly in the next two weeks depending on the weather. We are planning a
grand opening for February 141h. Kudos to Public Works Director Beeker and his staff for
cutting brush and laying out the holes.
b) The ribbon cutting for the tennis courts and the tennis mixer were postponed because
of rain. We will reschedule for January. We had twenty people signed up for tournaments
and seventeen were fiom Kure Beach.
c) Paula Withrow has done an excellent job putting together the first two trips bus trips.
They both were fiill and brought rave reviews. The next trip is to Myrtle Beach to see
"Hurray for Hollywood".
DEPARTMENT HEAD ITEMS
None
Mayor Lambeth called for a 10 minute break. at 8:00 pm.
Mayor Lambeth resumed the meeting at 8:10 pm.
OLD BUSINESS
1. Discussion and consideration of plotting of Sandman Property
Mayor Lambeth stated Council approved having an engineer plot the Sandman Property
and the results are in your packets.
Public Works Director Beeker reconunends no less than a twenty foot easement because
there is a major infiltration pipe on the property for many communities.
Since there are more than four lots, according to our ordinance, this has to go to P&Z.
Discussion:
Alan Votta, P&Z member — Shouldn't it come to P&Z before recording?
Attorney Canoutas responded that the easement can be recorded first. It won't impact
anything.
MOTION - Mayor Lambeth made the motion to accept the plot plan with the twenty foot
casement, register it with the county and send to P&Z to research. RECEIVED
SECOND — Conunissioner Nelder DCM WILMINGTON, NC
Mayor Lambeth rescinded his motion.
APR 2 12011
MOTION - Mayor Lambeth made the motion for Building Inspector Batson, Public
p/m ill utes/2010/council/TCMM 121410

Works Director Beeker, and Commissioners Nelder and Dugan to discuss the
easement placement with the surveyor before recording and authorized them to proceed
with recording with the expenditure paid out of the General Fund not to exceed $1,000.00
to begin finalization of plotting of Sandman property.
SECOND — Conunissioner Swearingen
VOTE - Unanimous
2. Dare County insurance suit update
Mayor Lambeth stated the town received a request for money to continue the fight for the
Dare County insurance suite. Our representatives say this should be done by the General
Assembly and more money won't do any good.
3. Discussion and consideration of Cornriiunity Center committee request to allow
vendors to serve alcohol at the Community Center - if approved requires repealing
of ordinances 3-l(a) and 12-55
Mayor Pro Tern Keener stated the Community Center asked Council to rescind the
ordinance not allowing alcohol in the Community Center. The purpose to have alcohol
vendors is to be able to rent the center more. I have found out there are brown baggers
bringing alcohol into the center now and that has to be addressed. Another problem is
how do you control it? If a vendor brings in alcohol, he has to have a license and liability
insurance. Is it worth all the problems involved? Will we get that many new bookings if
we can't use for our own dances.
Discussion.
Lori Eccleston, conunittee member, said there would need to be a form to tell the vendor
what they need to do. Wouldn't homeowners insurance cover?
Attorney Canoutas — Yes, but how would we know the insurance is valid?
Mayor Lambeth — What number are we looking at? How much extra revenue?
Ms. Eccleston - I don't luiow. I have been approached by a few people. A caterer said he
was approached by people wanting to have alcohol and they couldn't use the Community
Center for that. We have three to four weddings a year now. This could probably increase
the number of weddings. Could we cover the Community Center and festivals in one
policy?
Mayor Lambeth — I don't think it is financially feasible for the town to carry insurance
year round.
Commissioner Dugan --- It boils down to what profit we are looking at to see if it is worth
it.
Commissioner Swearingen — is this limited to weddings or catered events?
Mayor Pro Tem Keener — catered events.
Conunissioner Swearingen — if we change the ordinance for this would it cover events at
the pavilion at the park? R E C E 1 `v` E b
DCN WILMINGTON, NC
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Attorney Canoutas — we would want to give that some thought. There would be an open
building at the park where alcohol would be served.
Mayor Lambeth —it can be done, but it has to be roped off.
Commissioner Nelder — wouldn't this be in competition with people putting on weddings
at the beach?
Attorney Canoutas — yes.
CONSENSUS OF COUNCIL —Community Center committee to make a contingency
plan and determine how many more weddings they think they can have if alcohol allowed
and possible revenue and bring back to Council at the January meeting.
NEW BUSINESS
l . Discussion and consideration of chairmanship of Parks & Recreation committee
Mayor Lambeth stated that Bob Fitzsimons turned in his resignation from the Parks and
Recreation committee. Our guidelines says a committee member must be a resident or
property owner and Mr. Fitzsimons no longer owns property in town. I recommend we
waive the guideline until the finishing touches are put on the disc golf course because
Bob has been working with the subcontractors.
Discussion points included how long the requirement would be waived, whether Mr.
Fitzsimons could stay on as an emeritus member, how much the Council is willing to
bend it's own rules, and whether the regulation could be waived or would need to be
repealed.
MOTION — Commissioner Dugan made the motion to table accepting the resignation of
Bob Fitzsimons from the Parks and Recreation committee until the January Council
meeting.
SECOND — Mayor Pro Tem Keener
VOTE - Unanimous
2. Discussion and consideration of request to be recognized publicly as contributor
to Ocean Front Park (OFP) by photographer Peter Doran regarding photos
provided. for OFP marketing
Mayor Pro Tem Keener stated Mr. Doran provided all the photographs for the marketing
books the town made for the Ocean Front Park and he wants to be recognized on the big
board in the park and any permanent plagues or wherever other major contributors names
are posted.
Discussion points were it is okay if Council recognizes other contributors also.
MOTION — Conunissioner Dugan made the motion to include recognition of
photographer Peter Doran as a contributor to the park if other contributors are also
recognized. RECEIVED
SECOND — Mayor Pro Tem Keener
DCM WiLANGlfOINI„ NC
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VOTE - Unanimous
3. Discussion and consideration of Town support of possible petition to General
Assembly for term limits for County Commissioners requested by County
Commissioner Jason Thompson
Commissioner Nelder stated that County Commissioner Vice Chairman Jason Thompson
is considering requesting the state legislature to modify the rules or whatever is necessary
for county commissioners to have term limits on service. Thompson wants beach
municipalities to draft a letter of support for this resolution.
Mayor Lambeth — I have talked to our representatives in Raleigh and think we are putting
the cart in front of the horse. First, the County Commissioners need to vote, then it will
have to go to Raleigh. This means an amendment to the State Constitution. I suggest
tabling it until they get it together.
Commissioner Nelder stated this is informational only at this point.
4. Discussion and consideration of letter from Dan Bell
Mayor Lambeth read letter from Attorney Dan Bell to Mayor Pro Tern Keener about
moving one van accessible parking space from the north end of Atlantic Avenue to the
vicinity of the ocean front park. Mayor Lambeth stated I don't believe we can approve
this until it is voted on by Council. Van accessible handicap spaces are the most needed
and they require ninety-six inches. We built a handicap ramp at a cost of $39,000 at the
north end of Atlantic and we shouldn't remove anymore handicap spaces than necessary.
The town has 191 ADA violations on Atlantic Avenue for ratio of slopes, width and
Accessibility and we have done nothing to fix them. Excuse me, I mean Fort Fisher
Boulevard, not Atlantic Avenue.
Discussion:
Commissioner Dugan -- I have a correction to your statement. The handicap ramp cost
was $18,000 not $39,000.
Mayor Lambeth — we also voted in council to put a handicap space at Big Daddy's and
that wasn't done.
Mayor Pro Tern Keener -- there are 48 parking spaces from K Avenue to L Avenue and
only three of those have been handicap spaces in the last few years. Now we are
proposing four handicap. We are increasing by one and are still able to put in extra
parking spaces. The one that is left is twenty feet wide. The other two are twenty-five feet
wide and the requirement is 16 feet. We are getting four spaces for one. One at L Avenue,
one at the pier, and two at the park. We only have to vote on removing one. We added
two tonight with the approval of the last plan for the Ocean Front Park.
Mayor Lambeth — that's a great tradeoff unless you are in a wheelchair. I hope you are
l EC, z--L
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never in a wheelchair. I want five handicap spaces.
Mayor Pro Tern Keener — there is a van accessible space at L Avenue, a van accessible at
The ocean front park and at the pier and one will be added at Big Daddy's. We are
removing one and adding two.
Dan Bell, attorney from Mike Robertson (pier owner) — what's in the letter is a ti
Compronuse that was brought about with honest negotiations. This park has been fraught
with special interest by one person after another. I think Chuck (Keener) has done a
wonderful job in working on behalf of the town to try and reach a compromise. That's
what that letter is. If you go back, there were no parking spaces there. Part of bringing
the compromise was to bring handicap places to the park entrance where it crosses over.
I'm asking you as a Council to put this to rest. Approve it. If it turns out in the
future there is a problem, it can be fixed. If it's handicapped parking, that can be fixed.
Don't tear this apart
Mayor Lambeth — the recommendation of the ocean front park committee was two
handicap parking spaces in front of the park. I don't see any reasonable explanation to
take it away. I have retained attorney Gary Shipman and will sue the town.
Commissioner Swearingen — if this doesn't work out and we get complaints that more
people want more handicap parking, can this be changed?
Commissioner Dugan to Dan Bell — do you see as part of the original agreement, that any
changes in parking on Atlantic Avenue have to come back to you for ok?
Bell — no, I don't see that. The plan approved at the last Council meeting has been
changed to accommodate handicap spaces for the purpose of moving the park plan
forward. If two or three .years from now changes are to made, that is a separate issue. I
thought with that letter we were done. I have mailed letters based on that. This is better
for the town. My client lost one more space if they were his spaces.
Mayor Pro Tern Keener — be aware the ocean front parking committee wanted only to
remove parking in front of the pavilion.
Alan Votta, resident, stated the committee also wanted the curve in the road. If you had
brought it to the committee we could have come up with suggestions. You did it on your
own. The spots could be used as dual purpose for town maintenance and loading and
unloading. To me you destroyed the whole concept of the park.
Nancy Brigham, resident, stated I agree with Alan Votta. Nobody came to us, you just
went ahead and made the decision. The loading/unloading was a good idea, but I'm upset
about losing the curve in the road and the aesthetics. Now you have one business owner
who is happy and a lot of residents who aren't. The design is butchered and after two
years of work.
RECEiVLL-�
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Mike Robertson, business owner, stated those are not my parking spaces but my customer
spaces and my fight was for them. I agree 100 % it is butchered. I got the committee their
two handicap spaces with this compromise.
Conunittee Swearingen stated that for two years I have sat down there and fed the birds. I
never see people parking in any of the handicap spaces. Disability is serious subject for
me that I've been involved with for many years.
MOTION — Mayor Pro Tem Keener made the motion to accept the plan of one handicap
space at L Avenue, two handicap at the park and one handicap at the pier.
SECOND — Commissioner Nelder
VOTE — motion did not carry
Keener, Nelder in favor
Dugan, Lambeth, Swearingen against
Discussion and consideration of letters sent by mayor under FOIA to NCLM,
DENR AND CAMA
Commissioner Dugan stated that on December 2, the Mayor sent letters to NCLM,
DENR and CAMA and in those letters he used the FOIA act to request number of
Employees receiving benefits, retirement medical liability, registered as lobbyists, etc
under town letterhead. The policy in town voted on in June 15, 2004 states `the Town
Council may commit the town's resources to a project, cause or issue. Individual
members of the Town Council are flee to express their personal opinions on their own
stationery on any subject matter but may not speak for or obligate the Town except as
previously agreed to by the Council as a whole.'
I feel the Mayor's action was in violation of this. There was no reason for this. My
personal opinion is that these were political letters that were sent. I want to authorize the
Mayor Pro Tem to send a letter to the three agencies saying this was not fi•om the town
but from a single individual.
Mayor Lambeth stated that he received responses from all three agencies and this is what
we will be dealing with next month. We are going to have a retreat for finances of the
town. In talking to Arlen (Finance Officer) we are obligated to a minimum $645,000 and
maximum of $1.1 million dollars in retiree medical cost. I need as much information as I
can get on this. Our first obligation as elected officials is to those people out there. The
town must start reporting this. The State pension fiind has a $33 billion dollar short fall.
Fiends like these are used as slush funds. If we start putting monies aside I want
consensus of Council that the money won't be touched, we need this information. I don't
like surprises. I needed that information for intelligent discussion. This has to be
addressed hi the town's finances and can't be put off any more.
Connnissioner Swearingen — you said small towns. DENR is not a small town. Why
didn't you gather information from other small towns that are struggling with this rather
than the largest department of our state govermnent. Why didn't you go to the state
personnel office rather that to DENR?
RECEIVED
DCM WILMI NGTON,
p/minutes/2010/council/TCMM121410 APR14 12011

Commissioner Dugan - it doesn't change the fact that none of us on Council can decide
for the others without consulting the others first.
Mayor Lambeth — well then Jim, let me address the letter (Mr. Bell) that we just
discussed, because someone up here did speak for the other, so you can't have it both
ways.
Commissioner Nelder — Mr. Bell is a private citizen and you are addressing all these
different government entities as the town, as I see it, and I certainly don't understand why
anyone would ask what % of the League of CAMA's operations come from taxpayer
money. It's all taxpayer money.
Mayor Lambeth — no it is not. 38% of the operating capital for CAMA comes from
different sources. That was another surprise.
Commissioner Dugan — since the agreement with Mince Robertson came up, Chuck when
did you call for that meeting? Who contacted who for the original meeting?
Mayor Pro Tern Keener — Mike called me after the meeting with Dean (mayor). Dean
called the meeting with Mike. Dean told me he called a meeting with Mike and Dan on
Veteran's Day. I went to the meeting and that's how this started. Mike and Dean started
arguing about parking and the next morning I received a call from Mike saying he had a
plan but he couldn't talk to the mayor. I went and got the plan and talked it over with
the board members. After the council meeting and we voted on it, the discussion came up
about the handicap parking spaces.
Mayor Lambeth— Jerry (Hammill) I'm glad you are here. Who called that meeting?
(no response)
Connrnissioner Nelder —what does this have to do with your letters to CAMA and others?
Do you (Dean) represent all the town? Mayor Lambeth — no.
Mayor Lambeth — the clerk asked me if I wanted the letter on town letterhead and I said,
yeah, I guess.
Commissioner Nelder — so it's the clerk's fault?
Mayor Lambeth — so we have the same deal here with a letter addressed to Mr. Keener
that makes reference to the fact that a deal has been consumrnated and letters sent to
various agencies (DENR etc )saying these deal has been done, RECEIVED
DCM WILMINGTON,
Commissioner Dugan — but that had gone before the whole Council. APR $ 12011
Mayor Lambeth — no it didn't.
Mayor Pro Tern Keener — I had that letter you referenced on the agenda and you had it
p/minutes/201.0/c0u n cil/TCM M 121410 15

removed.
Mayor Lambeth — it's on the agenda.
Mayor Pro Tenn Keener — because you added it after you removed my item.
Attorney Canoutas called for a point of order.
MOTION — Commissioner Dugan made the motion for the Mayor Pro tem to send a
letter to three agencies (NCLM, DENR and LAMA) saying the previous letter sent by the
Mayor re the F01A request is not from the town but fiom a single individual.
SECOND — Conunissioner Swearingen
VOTE - Unanimous
6. Discussion and consideration of letter of support to County Commissioners to
appoint Anne Brodsky to serve as the Town's representative on the Tourism
Development Authority (TDA)
MOTION — Commissioner Swearingen made the motion to send the letter to the County
Commissioners supporting Anne Brodsky as the town's representative on the TDA.
SECOND — Commissioner Nelder
VOTE — Unanimous
7. Accept resignation of Eric Vann from the Ocean Front Park (OFP) committee
Mayor Lambeth stated that Eric Vann sent a letter saying he was resigning from the
Ocean Front Park committee.
Discussion:
Commissioner Dugan — why wasn't this on the consent agenda like the other
resignations?
Mayor Lambeth - Eric Vann was supposed to be here tonight, but he isn't and that is why
it was on the regular agenda.
MOTION — Commissioner Dugan made the motion to accept Eric Vann's resignation
from the OFP conunittee.
SECOND — Commissioner Nelder
VOTE — Unanimous
CLOSED SESSION
MOTION — Commissioner Swearingen made the motion to go into closed session for the
purpose of discussing legal matters at 9:47 pm
SECOND — Commissioner Nelder
VOTE - Unanimous
MOTION - Commissioner Nelder made the motion to return to open session at 10:01pm.
SECOND — Conun.issioner Dugan
VOTE --Unanimous RECEIVED
DCM WILMINGTONO
phninutes/2010/council/TCMM 121410
APR 2 12011
16

ADJOURNMENT
MOTION — Coirunissioner Dugan made the motion to adjourn at 10:02 pm
SECOND — Conunissioner Nelder
VOTE - Unanimous
RECEIVED
DCM WILMI'>WGTON, NC
APR 2 12,011
p/minutes/2010/council/TC.MM 121410 17

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson
Governor Director
April 5, 2011
Town of Kure Beach c/o John Batson
117 Settlers Lane
Kure Beach, N.C. 28449
RE: INCOMPLETE APPLICATION ADDITIONAL INFORMATION REQUIRED
APPLICATION NUMBER-10-009
PROJECT ADDRESS- 105 Atlantic Avenue (Oceanfront Park)
Dear Mr. Batson:
Dee Freeman
Secretary
We originally accepted your application under the impression that it was complete. On subsequent review, I have discovered that
additional information is needed to complete the review process. Accordingly, I am requesting that you submit the following additional
information to this office:
1. Application fee of $100
In accordance with the Department of Environment and Natural Resources regulations, we note that a certain time has passed whilE
the application has remained in our office. Upon resubmission of a complete application, a local decision will be made in 18 days,
provided this period is not extended as provided by law.
Please contact me at 910-796-7423 if you have any questions.
Respectfully ours,
Robb Mairs, Acting LPO
NC Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, N.C. 28405
127 Cardinal Drive Ext., Wilmington, NC 28405 One
-- nen 01 n_1"-%)Fd 1ntornot• www nrrnaetalmananomont not NorthCaroli.na

W. Dan Bell
Attorney at Law
Mailing Address: PO Box 136
206 K Avenue, Ste. 205
Kure Beach NC 28449
910/458-4370 Fax [phone]
email: [e-mail]
September 16, 2010
Mike Christenbury
Division of Coastal Management
127 Cardinal Drive Ext.
Wilimington NC 28405
Rob Mairs
Division of Coastal Management
127 Cardinal Drive Ext.
Wilimington NC 28405
Re: Proposed Kure Beach Oceanfront Park
Gentlemen:
BY REGISTERED MAIL
Please be advised that I represent Robertson Enterprises, Inc., which owns
property contiguous to the park site and which was served with a copy of the Town's
permit application. I understand from Mr. Mairs that the application was returned to the
Town with a request for changes. I also understand from Mr. Mairs that my client will be
served with a copy of any amended application.
We reserve the right to comment on any accepted application within the posted
comment period. However; there are two fundamental issues which I believe Coastal
Management must address at this time: 1) Does the proposed elimination of parking
spaces at CAMA access points violate the laws of North Carolina? 2) Does the proposed
project require an amendment to the Town of Kure Beach Land Use Plan? I will discuss
these issues in order.
The proposed project eliminates 14 parking spaces on the oceanfront side of
Atlantic Avenue directly across the street from the park site. These 14 spaces serve three
CAMA access points. These spaces represent the only parking for these access points
which meet the requirements of 15A NCAC 07M.00303 by providing "... parking within
the boundaries of the project to achieve maximum public use and benefit of these areas."
The proposed project also eliminates 19 spaces on the west side of Atlantic which
also serve these access points. All of these spaces also serve the downtown business area
and would serve those who used the park. At this time I am focusing on the loss of beach
access for the general public which is a legislatively protected right and which is a core
value of LAMA. X L, �%'Wow L i�/ E D
SEP 17 2010

The proposed plan violates the statutes and CAMA Rules. When the Legislature
passed the Coastal Area Management Act it made certain findings including the
following:
In the implementation of the coastal are management plan, the
public's opportunity to enjoy the physical, esthetic, cultural and
recreational qualities of the natural shorelines of the State shall be
preserved to the greatest extent feasible:...." [NCGS 113A-102(a)]
At the same time, the Legislature listed the goals of the coastal area management
system, including the following:
Protection of present common-law and statutory rights in the lands and
waters of the coastal area. [NCGS 113A-102(b)(4)f]
The Legislature also gave the CRC authority to designate areas of environmental
concern including "(A)reas such as waterways and lands under or flowed by tidal waters
or navigable waters, to which the public may have rights or access or public trust
rights...." [NCGS 11 3A- I 13(b)(5)]
The right to access our beautiful beaches belongs to all the people, including those
who cannot walk very far because of age or infirmity. The Legislature directed the CRC
to protect this right. The CAMA rules do that. The Declaration of General Policy states
that the public traditionally has access to the ocean beaches and that the State has the
responsibility to provide this access. 15A NCAC 07M.0301. The General Use Standards
for. Ocean Hazard Areas states that development shall not interfere with access to public
resources. 15A NCAC 07H.0306(g) and that rights of access shall not be restricted. 15A
NCAC 07H.0306(a)(7)
By removing the parking spaces, the park proposal eliminates the ability of an
important and significant percentage of the public to use established CAMA accesses.
This is plainly contrary to the legislative mandate to Coastal Resources and against
CAMA rules. No development shall be allowed which violates the law. 15A NCAC
07H.0601.
We request that you notify the Town that the parking spaces cannot be eliminated.
The Kure Beach Land Use Plan must be amended before the Town can request a
CAMA permit. There is not one word about the park in the Plan. This proposed park
simply is not a part of the Plan.
For little Kure Beach, it is a huge project. At a cost of at approximately
$5,000,000, it will reduce critical parking at access points and in the business district,
provide no parking for park users forcing more people to park in residential areas,
financially limit the Town's ability to make other improvements, require constant upkeep
and maintenance of structures and vegetation in a harsh environment, and cause other
changes to the Town. The park was purchased without any research or studies as to need
or feasibility. There is no defined set of users or beneficiaries. There was no attempt to

determine how the park would affect other areas of the Town. There was minimal citizen
input into the purchase of the land or the design of the park.
The proposed project either disregards or contradicts LUP statements regarding
public access, available parking, support for local business, planning for the future, public
participation in planning, and developmental consistency with the LUP among others.
The project clearly is a change in the Land Use Plan. Rule 15A NCAC
0713.0901(a)(1) requires changes in the LUP to be consistent with other parts of the LUP
and to meet the requirements of 15A 0713.0702 which require LUP's to support the
polices and goals of CAMA.
This project requires a CAMA permit. CAMA must make a determination as to
whether it follows the CAMA-approved LUP. The project is not in the LUP. Therefore,
CAMA cannot perform its analysis until and unless the LUP is amended.
We request that you notify the Town that it must amend its LUP before the permit
can be evaluated.
W t)an
st r , I
"'X(
Bell
CC: Mike Robertson
Dean Lambeth, Mayor
John Batson, Building Inspector

W. Dan Bell
Attorney at Law
Mailing Address: PO Box 136
206 K Avenue, Ste. 205
Kure Beach NC 28449
910/458-4370 Fax [phone]
email: [e-mail]
September 29, 2010
Steve Everhart, District Manager
DCM
127 Cardinal Drive Ext
Wilmington NC 28405
Re: Kure Beach Oceanfront Park
Dear Mr. Everhart:
Please be advised that I represent Robertson Enterprises, Inc., which owns
property contiguous to the Park site.
Pursuant to Attachment B to Grant Contract 2118 DENR/DCM entered into a
long-term management agreement with the Town of Kure Beach. Section D.3. e. requires
the Town to notify DENR/DCM of any significant deviation to future development plans
for the Park. Significant deviations from the original plans have been proposed for the
Park by the Town.
On behalf of my client and pursuant to applicable law I am requesting copies of
all proposed modifications and changes to the Park submitted to DENR/DCM by the
Town and copies of all documents, including emails, which are related in any way to the
review and decision by DENR/DCM of any proposals.
I believe that this material should be readily available and that it can be produced
by October 15. If you are not the appropriate person to respond, please forward the
request.
W' k
indee
W. Dan Bell
CC: Mike Robertson RECEIVED
SEP 3 0 2010
DCM VVIU14I GTON, NC

fi
��vv� .r�
NCDENR
North Carolina Department of Environment and Natura
Division of Coastal Management
Beverly Eaves Perdue
Governor
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: MOTOR Public Notices
•✓ Town of Kure Beach (Oceanfront Park)
James H. Gregson
Director
March 29, 2011
• Marvin & Terri McDonald (Caswell Beach Rd.)
Kyle: Please publish the attached Notice in the Thursday, March 31, 2011 issue.
Resources
Dee Freeman
Secretary
The State Office of Budget and Management requires an original Affidavit of Publication
payment for newspaper advertising. Please send the original affidavit of the published notice to
Sabastian, 400 Commerce Avenue, Morehead City, N.C. 28557 [phone].
Please send the original invoice and a copy of the affidavit for payment to Shaun Simpson at Div
Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226.
Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a fa;
credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact m
Wilmington office.
Sincerely,
4aun Simpso �
Permit Support Technician
Enclosure
cc: File Copy
Michele Walker DCM
127 Cardinal Drive Ext., Wilmington, NC 28405 One
­t I, �nnnomont not NorthCaroly

CAMA MINOR PERMIT NOTICE
Pursuant to NCGS 113A-119(b), the North Carolina Division of Coastal Management, an
agency authorized to issue CAMA permits in areas of environmental concern, hereby gives NOTICE
[hat the following have applied for CAMA permits for projects adjacent to the Atlantic Ocean: On
29, 2011, submitted by the Town of Kure Beach, to develop Ocean Front Park, at 105 Atlantic
7 Kure Beach, New Hanover County; and on March 22, 2011, submitted by Marvin & Terri
aid to construct a residential dwelling and walkway at 519 Caswell Beach Rd., Caswell Beach,
,ick County. The applications may be inspected at the address below. Public comments
d by April 15, 2011 will be considered. Later comments will be accepted and considered up
time of permit decision. Project modifications may occur based on further review and
nts. Notice of the permit decision in this matter will be provided upon written request.
Robb Mairs
Field Representative, New Hanover Co.
Heather Coats, Brunswick Co.
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]

AFFIDAVIT OF PUBLICATION
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
CAMA MINOR PERMIT NOTICE
Before the undersigned, a Notary Public of Said County and State,
Pursuant to NCGS 113A-119(b), the
North Carolina Division of Coastal
Management, an agency authorized
Keith Raffone
to issue CAMA permits in areas of
environmental concern, hereby
gives NOTICE that the following
Who, being duly sworn or affirmed, according to the law, says that he/she is
have applied for CAMA permits for
projects adjacent to the Atlantic
Ocean: On March 29, 2011, submit-
ted by the Town of Kure Beach, to
Controller
develop Ocean Front Park, at 105
Atlantic Ave., in Kure Beach, New
Hanover county; and on March 22
of THE STAR -NEWS, a corporation organized anoratianized d doing business under the Laws of the State of
2011, submitted by Marvin 6 Terri,
McDonald to construct a residential
North Carolina, and publishing a newspaper known as STAR -NEWS in the City of Wilmington
dwelling and walkway at 519
Caswell Beach Rd., Caswell Beach,
Brunswick County, the applications
CAMA MINOR PERMIT NOTICE Pursuant to NCGS 113A-119b, the North Carolina Division
may be inspected at the address
below. Public comments received
of Coastal Management, an agency authorized to issue CAMA permits in areas of
by April 15, 2011 will be consid-
environmental concern, that thefollowing have a lied or CAMA
hereby gives NOTICEhholli
f g pp f
ered. Later comments will be ac-
cepted and considered up to the
>
permits for
time of permit decision. Project
modifieatlons may occur based on
further review and comments. No-
tice of the permit decision In this
matter will be provided upon writ-
ten request.
Robb Mairs, Field Representative,
New Hanover Co.
Heather Coats, Brunswick Co.
was inserted in the aforesaid newspaper in space, and on dates as follows:
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
31311x
And at the time of such publication Star -News was a newspaper meeting all the requirements and
qualifications prescribed by Sec. No. 1-597 G.S. of N.C.
Title: Contro`yr `,``���,,,,,,,,,�,������
S rn or affirme to, and subscribed before me this `� 4 day., 0COS''<F,,��
A.D.,
In Testimony Whereof, I have hereunto set my hand and affixed my a1_kq3T�Aahy and
year aforesaid.
I
My commission expires day of , 20_ my COMMISSION
Upon reading the aforegoing affidavit with the advertisement thereto annexed it is adjudged by the Court that the said
publication was duly and properly made and that the summons has been duly and legally served on the defendant(s).
This day of
MAIL TO:
Clerk of Superior
RECEIVED
DCM WILMINGTON, NC
APR 0 6 2011

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson
Governor Director
March 23, 2011
Melba McGee
Environmental Coordinator
Office of Legislative & Intergovernmental Affairs
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
SUBJECT: Ocean Front Park, Town of Kure Beach, New Hanover County, North Carolina
(SCH#11-0203, and DCM#20110025)
Dear Ms. McGee:
Dee Freeman
Secretary
Thank you for the opportunity to review the "North Carolina Department ofAdministration State
Intergovernmental Review Clearinghouse Environmental Assessment" (EA) the proposed
construction of an Ocean Front Park in the Town of Kure Beach, New Hanover County, North
Carolina. As part of the process for obtaining the Federal assistance, the proposed project must
demonstrate that it would be consistent with the State's coastal management program since the
proposed project is occurring within a coastal county.
The EA did not specifically evaluate the proposed project's consistency with the State's coastal
management program. Nevertheless, based on our overall evaluation of the EA, we accept that the
release of Federal assistance for the proposed project would be consistent with the State's coastal
management program. Furthermore, the Town of Kure Beach is in the process of applying for
CAMA permit for the proposed project. Receiving a CAMA permit would be functionally
equivalent to obtaining a consistency concurrence.
Please be aware that should another State agency submit to the State Clearinghouse an objection to
the proposed project or submit suggestions for project modification that would substantially revise
the proposed project, consistency concurrence would not be automatically conferred for the
release of the Federal assistance. However, as noted above, should the Town of Kure Beach
receive a CAMA permit for the proposed project, the issued CAMA permit would be functionally
equivalent to obtaining a consistency concurrence.
400 Commerce Ave., Morehead City, NC 28557-3421
Phone: [phone] \ FAX: [phone] Intemet: www.n000astalmanagement.net
An Equal Opportunity \ Alfirrnative Action Employer
NorthCarofina
Naturally

In the absence of any objections from other State agencies, consistency concurrence for the release
of the Federal assistance would be automatically conveyed upon the close of the State
Clearinghouse review period (April 1, 2011). This consistency concurrence only authorizes the
release of Federal assistance. It does not authorize construction. Construction authorization
would occur through the issuance of a CAMA permit. Thank you for your consideration of the
North Carolina Coastal Management Program.
Sincerely,
Stephen Rynas, AICP
Federal Consistency Coordinator
cc: Doug Huggett, Division of Coastal Management
Steve Everhart, Division of Coastal Management
Rob Mairs, Division of Coastal Management
Vanessa Blanchard, NC Department of Commerce
Lenwood Smith, Housing and Urban Development
Page: 2

Department of Environment and Natural Resources
Project Review Form !: _
3roject Number: 11-0203 County: New Hanover Date Received: 03/02/2011
Due Date: 3/28/2011
)roject Description: Environmental Assessment - Town of Kure Beach Development of Ocean
Front Park - Construction of a regional public park; 3,940 square feet, two
story high open air pavilion and construction of a 545 square foot, two story
high restroom; project footprint will be 20,000 sq. ft.
is Project Is being reviewed as indicated ow:
Regional Office
Regional Office Area
In -House Review
Asheville
✓
Air
_ Soil & Water
✓ Marine Fisheries
_
Fayetteville
✓
Water
y/ Coastal Management
Water Resources
Mooresville
✓
Aquifer Protection
Wildlife
✓ Environmental Health
_
Raleigh
�/
Land Quality Engineer
_ Wildlife - DOT
Solid Waste Mgmt
_
Washington
— Forest Resources
Radiation Protection
_
Wilmington
— Land Resources
Other
✓ Parks & Recreation
Winston-Salem
—
Water Quality
Water Quality - DOT
Air Quality
Vlanager Sign-Off/Region:
Date:
In -House Reviewer/Agency:
Response (check all applicable)
No objection to project as proposed. _ No Comment
Insufficient information to complete review _ Other (specify or attach comments)
If you have any questions, please contact:
Melba McGee, Environmental Coordinator at Melba.McGee(i ,ncdenr.gov

NORTH CAROLINA STATE CLEARINGHOUSE
DEPARTMENT OF ADMINISTRATION
INTERGOVERNMENTAL REVIEW
COUNTY: NEW HANOVER H07:CONSERVATION OF COASTAL FISH STATE NUMBER: ll-E-0000-02
& WILDLIFE HABITATS DATE RECEIVED: 03/01/2011
AGENCY RESPONSE: 03/28/2011
REVIEW CLOSED: 04/01/2011
MS MELBA MCGEE
CLEARINGHOUSE COORDINATOR
DENR - COASTAL MGT
C/O ARCHDALE BLDG
RALEIGH NC
REVIEW DISTRIBUTION
CAPE FEAR COG
CC&PS - DIV OF EMERGENCY MANAGEMENT
DENR - COASTAL MGT
DENR LEGISLATIVE AFFAIRS
DEPT OF CULTURAL RESOURCES
DEPT OF TRANSPORTATION
PROJECT INFORMATION
APPLICANT: Town of Kure Beach
TYPE: National Environmental Policy Act
Environmental Assessment
DESC: Town of Kure Beach Development of Ocean Front Park - Construction of a regional
public park; 3,940 square feet, two story high open air pavilion and construction
of a 545 square foot, two story high restroom; project footprint will be 20,000
sq. ft.
The attached project has been submitted to the N. C. State Clearinghouse for
intergovernmental review. Please review and submit your response by the above
indicated date to 1301 Mail Service Center, Raleigh NC 27699-1301.
If additional review time is needed, please contact this office at [phone].
AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED: NO COMMENT COMMENTS ATTACHE
SIGNED BY: DATE:

AEC HAZARD NOTICE
Project Is In An: X Ocean Erodible Area
Property Owner:
Property Address: A4,t- 1,95 Af'IGU'1 IC, A"E
Date Lot Was Platted: D 1 /2 004
This notice is intended to make you, the applicant, aware of the
special risks and conditions associated with development in this
area, which is subject to natural hazards such as storms, erosion
and currents. The rules of the Coastal Resources Commission
require that you receive an AEC Hazard Notice and acknowledge
that notice in writing before a permit for development can be
issued.
The Commission's rules on building standards, oceanfront
setbacks and dune alterations are designed to minimize, but not
eliminate, property loss from hazards. By granting permits, the
Coastal Resources Commission does not guarantee the safety of
the development and assumes no liability for future damage to
the development. Permits issued in the Ocean Hazard Area of
Environmental Concern include the condition that structures be
relocated or dismantled if they become imminently threatened by
changes in shoreline configuration. The structure(s) must be
relocated or dismantled within two (2) years of becoming
imminently threatened, and in any case upon its collapse or
subsidence.
The best available information, as accepted by the Coastal
Resources Commission, indicates that the annual long-term
average ocean erosion rate for the area where your property is
located is Z feet per year.
High Hazard Flood Area Inlet Hazard Area
SPECIAL NOTE: This hazard notice is required for develops
in areas subject to sudden and massive storms and erosion. Per
issued for development in this area expire on December 31 o
third year following the year in which the permit was iss
Shortly before work begins on the project site, the Local Pe
Officer must be contacted to determine the vegetation line
setback distance at your site. If the property has seen little ch;
since the time of permit issuance, and the proposed develops
can still meet the setback requirement, the LPO will inform
that you may begin work. Substantial progress on the pr(
must be made within 60 days of this setback determinatioi
the setback must be remeasured. Also, the occurrence of a rr
shoreline change as the result of a storm within the 60-day pc
will necessitate remeasurement of the setback. It is impoi
that you check with the LPO before the permit expires for
approval to continue the work after the permit has e
Generally, if foundation pilings have been placed and sul:
progress is continuing, permit renewal can be authorize
unlawful to continue work after permit expiration.
For more information, contact:
Local Permit Officer
The rate was established by careful analysis of aerial photographs )27 ('� I i,
of the coastline taken over the past 50 years. Address
Studies also indicate that the shoreline could move as much as
1460 feet landward in a major storm.
The flood waters in a major storm are predicted to be about
hq feet deep in this area.
Preferred oceanfront protection measures are beach nourishment
and relocation of threatened structures. Hard erosion control
structures such as bulkheads, seawalls, revetments, groins, jetties
and breakwaters are prohibited. Temporary sand bags may be
authorized under certain conditions.
The applicant must acknowledge this information and requirements
by signing this notice in the space below. Without the proper
signature, the application will not be complete.
(A,J)'wC
Locality
?to --7q&-77 23
Phone Number
RECEIVED
DCM WILMINGTON, NC
MAR 2 12011

BEFORE YOU BUILD
Setting Back for Safety: A Guide to Wise Development Along the Oceanfront
i you build along the oceanfront, you take a calculated risk. is greater. If the erosion rate is greater than 3.5 feet/year, the
al forces of water and wind collide with tons of force, even setback is 30 times the erosion rate plus 105 feet.
.m days.
made structures cannot be guaranteed to survive the force
urricane. Long-term erosion (or barrier island migration)
take from two to ten feet of the beach each year, and,
:r or later, will threaten oceanfront structures. These are the
)f life for oceanfront property owners.
,oastal Resources Commission (CRC) has adopted rules
ilding along the oceanfront. The rules are intended to avoid
reasonable risk to life and property, and to limit public and
.e losses from storms and long-term erosion. These rules
I but do not eliminate the element of risk in oceanfront
apment.
iu consider building along the oceanfront, the CRC wants
understand the rules and the risks. With this knowledge,
an make a more informed decision about where and how to
in the coastal area.
Rules
i you build along the oceanfront, coastal management rules
re that the structure be sited to fit safely into the beach
)nment.
tures along the oceanfront must be behind the frontal dune,
card of the crest of the primary dune, and set back from the
ine of stable natural vegetation a distance equal to 30 times
nual erosion rate (a minimum of 60 feet). Large structures
-family residential structures greater than 5,000 square feet
presidential structures greater than 5,000 square feet) must
back from the first line of natural stable vegetation a distance
to 60 times the annual erosion rate of 120 feet, whichever
�c SETBACKBACK
r SETBACK
� —"
(j(j 'AVERAGENNUALI 30 it
R VEGEiATRI'
Goa (EROSION I EROSION f
(RATE _ RATE
�00
S }} y
e=f ISMAI i 1 ! �••,
PERMITTED
STRUCTURE.
ADEQUATE
SETBACK
The Reasons
The beachfront is an ever -changing landform. The beach and the
dunes are natural "shock absorbers," taking the beating of the
wind and waves and protecting the inland areas. By setting back
30 or 60 times the annual long-term erosion rate, you have a
good chance of enjoying the full life of the structure. At first, it
seems very inviting to build your dream house as close to the
beach as possible, but in five years you could find the dream has
become a nightmare as high tides and storm tides threaten your
investment.
The Exception
The Coastal Resources Commission recognized that these rules,
initially passed in June 1979, might prove a hardship for some
property owners. Therefore, they established an exception for
lots that cannot meet the setback requirement. The exception
allows buildings in front of the setback line if the following
conditions apply:
(1) the lot must have been platted as of June 1, 1979, and is not
capable of being enlarged by combining with adjoining land under
the same ownership; (2) development must be as far back on the
property as possible and in no case less than 60 feet landward of
the vegetation line; (3) no development can take place on the
frontal dune; (4) special construction standards on piling depth
and square footage must be met; and (5) all other CAMA, state
and local regulations must be met.
The exception is not available in the Inlet Hazard Area.
To determine eligibility for the exception, the Local Permit Officer
will make these measurements and observations:
required setback from vegetation line
exception setback (maximum feasible)
rear property line setback
max. allowable square footage on lowest floor
lot area as calculated from vegetation line
piling length needed to extend 4 feet below MSL
BACK
PRE -STORM BEACH PROFILE
_- POST —STORM BEACH PROFILE
ONE YEAR AFTER STORM/BEACH REBUILDING

AMA PERMIT
APPLIED FOR
PROJECT:
= ;j
ntic Ave., acalacen
COMMENTS ACCEPTED THROUGH —4pfil 15.2011
APPLICANT:
Town of Kure Beach
John Batson, LPO
117 Settlers Lane
Kure Beach, NC 28449
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELCH,NC Vjv. of Coastal Managemei
'
��-
127
Cardinal .
Wilmington,

MATCHL/NHA' MATCHUMBA'
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^� C=3 E7llSTM641O0Altl%1NALKsT084'YI{DEWEA
!. � TO.B!`OOARDWALK,ANb.sEACN+'ACCESf=
HANDICAPACCE851BLE RAMP
FOOT WASH AREA ^ TO:BE'ADD£D-.
'L 1
RECEIVED
DCM WIIMINGTOt+1 NC
MAR 2 1 2011
A T L A N T i C C1' C E A •' N
GRAPI- K SCALF
.. a•M i
RECEIVED
MAY 18 2011 T C2 , OR
. wtI- GTGN_.

0 Kure Beach Building Department
11.7 Settlers lxi:ne Kure Bea b, NC 28449
(910) 458-65J35 fax [phone]
John Batson, Building Inspector
To! Robb Mairs, NCDENR
From: John Batson
Re: Kure Beach Oceanfront Park
105 Atlantic Ave.
Date; March 17, 2011
Mr. Mairs,
Enclosed you will find a completed CAMA Minor Application for the
development of the Kure Beach Oceanfront Park, which will be located at 105 Atlantic
Ave.
The scope of work for this project includes site grading, installation of stormwater
system, construction of 2500 square foot pavilion, 550 square foot bathroom facility,
tearing up the existing asphalt parking spaces directly in front of the property and
replacing with pervious pavers, and decking replacement/general repairs of existing
boardwalk from `W Ave. to `C Ave
Also, we are requesting the addition of (3) 7x12 foot "bumpouts", (1)11x17 foot
(ADA) " bumpout" for the accommodation of swings for seating, and (1) 8x10 " bumpout" in
the existing southern crossover directly in front of the project for the accommodation of
seating of viewers.
Please reference plans for depictions of described work, and feel free to contact me
with any comments or concerns.
RECEIVED
DCM WILMINGTON, N
MAR 2 1 2011

m Postage
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item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
4+9
❑ Agent
❑ Addressee
Name) I C"-ONFe of Delivery
D. Is delivery address different from Item 1? ❑ Yes
RFVGrE PkAE(gress below: ❑ No
'M M(NCTON, NC
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3. service Type
Certified Mail ❑ Express Mail
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❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? aDftra Fee) ❑ Yes
2. Article Number 7009 0080 0002 1914 1972
(Transfer from service laben
�'S Form 3131 1 - Fahruary 2004 Domestic Return Receipt 102595-02-M-154

UNITED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
TOWN OF
KURE BEACH, N ' 28449

Cl.0 1
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Postage $
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Certified Mail Provides:
■ A mailing receipt
■ A unique identifier for your mailpiece r
■ A record of delivery kept by the Postal Service for two years
Important Reminders:
■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mailq
■ Certified Mail is not available for any class of international mail.
■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Foi
valuables, please 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 of
addressee's authorized agent. Advise the clerk or mark the mailpiece with the
endorsement "Restricted Delivery".
■ If a postmark on the Certified Mail receipt is desired, please present the arti•
cIA at the post office for postmarking. If a postmark on the Certified Mai
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT: Save this receipt and present it when making an inquiry.
PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047

■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mallplece,
or on the front if space permits.
Article Addressed to:
SbAcl ra Leee Moo r 4L
48� � bL)rD+h:�j �-n
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3. Service Type
A Certified Mail ❑ Express Mail
❑ Registered 19 Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7009 0080 0002 1914 1989
(Transfer from service label) _
DS Form 3811. February 2004 Domestic Return Recelot 102595-024&154

UNITED STATES POSTAL SERVICE
-1 MT k"*.]'.-
0 Sender. Please print your name, address, and ZIMW116 this box
TOWN OF KURE- BEACH
117 ccTm. Ul-NE
KURE BEACH, W, 28449

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Certified Mail Provides:
■ A mailing receipt
■ A unique identifier for your mailpiece
■ A record of delivery kept by the Postal Service for two years
Important Reminders:
■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Maile
■ Certified Mail is not available for any class of international mail.
■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo
valuables, please 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 Returr
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 lot
a duplicate return receipt, a USPS® postmark on your Certified Mail receipt ie
required.
■ For an additional fee, delivery may be restricted to the addressee o
addressee's authorized agent. Advise the clerk or mark the mailpiece with thr
endorsement "Restricted Delivery".
■ If a postmark on the Certified Mail receipt is desired, please present the arti
cle at the post office for postmarking. If a postmark on the Certified Mai
receipt is not needed, detach and affix label with postage and mail.
T-
IMPORTANT: Save this receipt and present it when making an inquiry.
PS Form 3600, August 2006 (Reverse) PSN 7530-02-000-9047

:HLINE A'
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ENHANCED BEACH OVERLOOK AREA �>
TO BE ADDED -
_ >rl
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FOOT WASH AREA
t-,
MATCHLINE A'
c- ,� - - �„ - c-c-
c
L EXISTING W BOARDWALK'TO BE WIDENED
.TO 8' BOARDWALK AND BEACH ACCESS
f�
L
�CL HANDICAP ACCESSIBLE RAMP
TO BE ADDED
RECEIVED
DCM WILMINGTON, NG
MAR 2 1 2011
gez f CJ,og
AT LAHTI C O C E' A N

1836 - NC DIV OF COASTAL MGMT
REFERENCE DATE DESCRIPTION AMOUNT DISCOUNT NET PAID
-------------------------------------------------------------------------------
03/21/2011 03/21/11 100.00 0.00 100.00
CAMA PERMIT/OCEAN FRONT PARK 40-585-00-01 100.00
RECEIVED
DCM WILMINGTON, NC
APR 1 1 2011
CHECK # DATE GROSS DISCOUNT CHECK AMOUNT
-------------------------------------------------------------------------------
46863 03/21/11 100.00 0.00 100.00

TOWN OF KURE BEACH
117 Settlers Lane
Kure Beach,. N.C. 28449
[phone]
GENERAL FUND
PAY ****100 DOLLARS AND 00 CENTS
BBBT 66-112 046863
BRANCH BANKING &TRUST COMPANY 531
Kure Beach, N.C.28449
DATE CHECK NO. CHECK AMOUNT
03/21/2011 46863 $100.00
VOID AFTER
This instrument has bK pre-aud}''
LOCAL GOVERNMENT BUDQfE
PAY NC DIV OF COASTAL MGMT
TO THE 127 CARDINAL DR EXT
ORDER WILMINGTON, NC 28405
OF
k 12 /0 -� o
1I'046861�16ok�j1 2 11:000 5 29 50 16 4
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DCM WILMINGTON, NC
APR 1 1 2011
AYS
the manner required by the
FISCAL CONTROL ACT.
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N/F
RCBER750N ENTERPRISES
D.B. 1194 PG. 297
N/F
KURE BEACH PROPER77ES LLC.'
D.B. 4779 PG. 667
�________._?9------------- )42.0 si200.10' se
PROP. �
DROP
i INLET /
N� PAVILION
ROBERTSON ENTERPRISES ` Z5W 'Q' fL
mi
D.B. 1353 PG. 1242
s�
• TOTAL AREA
? • MODO sq. R PROP.
0.48 oem STORM
I1I
• CHAMBERS
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ROBERTSAV ENTERPRISES
'k �'° PROP. a•D
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(DATM NASD N)
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D.B. 1452 PG. 1060
Z4VE.• _1E7Z, ,
T.B.Y. INRVEOW
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(DATUM YAW ee)
• CLEAN
OUTS
f---T— T--T—I —T— T— T----T--T—--T--T--T— _ T--T-- —T--_
ATLANTIC AVENUE (50' PUBLIC RIGHT CF WAY) I
LEGEND:
LPS OR ,e. E,oN PP
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OR Rm T
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SAMTARY Sr= MAHMM
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SNTER YETFR
# vom OR UOIT P.
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FW Inwwr
N NOTE:
N FLOOD ZONES DIGITIZED
U FROM N.H.C. G.I.S.
ALL ELEVATIONS ARE DATUM NAVD 88
U
iV Q
m A PORTION OF THIS LOT IS IN A FLOOD HAZARD AREA ACC(
TO COMMUNITY —PANEL NO. 3120303900J
(SEE MAP ABOVE FOR ZONE DELINEATIONS) DATE: APRIL 3,