OI_17-42_ Heasley (DENIAL)

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CERTIFIED MAIL - INSERT CERTIFIED
RETURN RECEIPT REQUESTED
Rick & Valerie Heasley
122 S. 711 Avenue
Paden City, WV 26159
RE: DENIAL OF CAMA MINOR DEVELOPMENT PERMIT
APPLICATION NUMBER- 0117-42
PROJECT ADDRESS- 4017 E. Beach Dr.
Dear Rick & Valerie:
After reviewing your application in conjunction with the development standards required by the Coastal Area
Management Act (CAMA) and our locally adopted Land Use Plan and Ordinances, it is my determination that no
permit may be granted for the project which you have proposed.
This decision is based on my findings that your request violates NCGS 113A-120(a)(8) which requires that
all applications be denied which are inconsistent with CAMA guidelines and Local Land Use Plans. You have applied
to build a house which is inconsistent with 15 NCAC 7H .0309(a), which states that: The following types of
development shall be permitted seaward of the oceanfront setback requirements of Rule .0306(a) of the Subchapter
and other state and local regulations are met: (9) swimming pools
In all cases, this development shall be permitted only if it is landward of the vegetation line or static vegetation line,
whichever is applicable.. Your application is also inconsistent with our Local Land Use Plan. On page 5-39 of the
Land Use Plan, you will find that I.112 The Town will continue to enforce the dune preservation
Ordinance (Chapter 14, Article III of the Town Code)..
Should you wish to appeal my decision to the Coastal Resource Commission or request a variance from
that group, please contact me so I can provide you with the proper forms and any other information you may require.
The Division of Coastal Management central office in Morehead City must receive appeal notices within twenty (20)
days of the date of this letter in order to be considered.
Respectfully yours,
Donna F. Coleman, LPO
Town of Oak Island
cc: Brooks Surgan DCM-Wilmington
AGM U� 2 2 �p11
A
4601 E. Oak Island Drive - Oak Island, North Carolina 28465
Phone: [phone] o Pax: [phone] ° Website: vv«tiv.oakislandnc.com

Locality_S 11n c1 Permit Number'�L — �1
Ocean Hazard _� Estuarine Shoreline ORW Shoreline
(For ojfcial use only)
GENERAL INFORMATION
LAND OWNER j
Name
Public Trust Shoreline Other 1'f IT
Address Si .7 1--4- Wi
City State r tJ f% Zip. /n/A ClPhone ( )S0 3 3 7 —
Email t'r,✓4JV-'tS lei d yd44..�/�iKfi�r
AUTHORIZED AGENT
Name
Address
City State Zip Phone
Email
LOCATION OF PROJECT: (Address. street name and/or directions to site. If not oceanfront, what is the name of the
adjacent waterbody.) y0/7 f �� 49,
DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.)
SIZE OF LOT/PARCEL: square feet acres
PROPOSED USE: Residential ® (Single-family J4 MUlti-family ) Commercial/Industrial F1 Other
COMPLETE EITHER (1) OR (2) BELOW (Contact your Local Permit Officer ijyou are not sure which AEC applies
to yotir property):
(1) OCEAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED ST.RUCTUREa70square feet (includes
air conditioned living space, parking elevated above ground level, non -conditioned space elevated above ground level but
excluding non -load -bearing attic space)
(2) COASTAL SHORELINE AECs: SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR 13UILT
UPON SURFACES: square feet (includes the area of the roof/drip line of all buildings, driveways, covered decks,
concrete or masonry patios, etc. that are within the applicable AEC. Attach your calculations with the project drawing.)
STATE STORMWATER MANAGEMENT PERMIT: Is the project located in an area subject to a State Stormwater
Management Permit issued by the NC Division of Water Quality?
YES NO .
Ifyes, list the total buill upon area/irnpervious surface allowed for your lot or parcel: square feet.
SEC �"�vTp�N, NC
pCM W1l.M1NG.
AUG � 2 �,p11

OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA
minor development permit, including, but not limited to: Drinking Water Well, Septic Tank (or other sanitary waste
treatment system), Building, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA
Certification, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway Connection, and
others. Check with your Local Permit Officer for more information.
STATEMENT OF OWNERSHIP:
I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an AEC or a
person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person
listed as landowner on this application has a significant interest in the real property described therein. This interest can be
described as: (check one)
an owner or record title, Title is vested in ._Ktc�j' "V .` /G�i) y P u1Ile see Deed Book
page in the 2314 s ,,, 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 OFADJACENT PROPERTY OWNERS:
I furthenmore certify that the following persons are owners of properties adjoining this property. I affirm that I have given
ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit.
(Name)
/ (Address)
(1) S7�t C f ��vl/i� i�ki 4/0 /'l ! r� c c !/� c^ --
(2)
r
(.i)
(`I)
ACKNOWLEDGEMENTS:
1, the undersigned, acknowledge that the land owner is aware that the proposed development is planned for an area which
may be susceptible to erosion and/or flooding. I acknowledge that the Local Permit Officer has explained to me the particu-
lar hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabiliza-
tion and fioodproofing techniques.
1 furthermore certify that I am authorized to grant, and do in fact grant, permission to Division of Coastal Management staff,
the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information
related to this permit application.
This the, 11,,? oZ el day of ),1.1Y , 20 [�
Landowner or person authorized to act its/her agent for purpose of filing a CAMA permit application
This application includes. general information ('this form), a site drawing cis cles•cr-ibed on the back of this application, the
ownership statement, the Ocean Hazard AEC Notice where necessary; a check for S100.00 made payable to the locality; and
anv information as nra)) be provided orally by the upplicant. The details of the application as described by these sowces are
incorporated without reference in any permit which maybe issued. Deviation from these details ivill constitztte a violation of
anv permit. Any person developing in an AEC without permit is subject to civil, criminal and acbninistr•ative action, N NG
W1`M1NG1Q ,
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AEC HARD NOTICE
Project Is In An: Oc an E odibl rea _High Hazard Flood Area Inlet Hazard Area
Property Owner: /
Property Address: yD/
Date Lot Was Platted:
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 strueturc(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 2 feet per year.
The rate was established by careful analysis of aerial photographs
of the coastline taken over the past 50 years.
Studies also indicate that the shoreline could move as much as
32-feet landward in a major storm.
The flood waters in a major storm are predicted to be about
_feet deep in this area.
Preferred oceanfront protection measures are beach nourishment
and relocation of threatened structures. Hard erosion control
strictures 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 wi 1 not be complete.
Applicant Signature Date
SPECIAL NOTE: This hazard notice is required for development
in areas subject to sudden and massive storms and erosion. Pennits
issued for development in this area expire on December 31 of the
third year following the year in which the permit was issued.
Shortly before work begins on the project site, the Local Permit
Officer must be contacted to determine the vegetation line and
setback distance at your site. If the property has seen little change
since the time ofpermit issuance, and the proposed development
can still meet the setback requirement, the LPO will inform you
that you may begin work. Substantial progress on the project
must be made within 60 days of this setback determination, or
the setback must be remeasured. Also, the occurrence of a major
shoreline change as the result of storm within the 60-day period
will necessitate remeasurement of the setback. It is important
that you check with the LPO before the permit expires for official
approval to continue the work after the permit has expired.
Generally, if foundation pilings have been placed and substantial
progress is continuing, permit renewal can be authorized. It is
unlawful to continue work afterpermit expiration.
For more information, contact.
C0�zi71c�+l
Local Permit Officer
4 (,.) o I C T5 i fir\ d
Address
Localit y
C9 1(.)) "1O I - 9, OW-1
Phone Number
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