EX22-21 Hartung 214 Portp Vista ORW SFR exemption

EX22-21

August 26, 2021

Mr. Kyle & Susan Hartung
21800 Lake Road
Rocky River, OH 44116

RE: EXEMPTED PROJECT SINGLE FAMILY RESIDENCES WITHIN THE ESTUARINE
SHORELINE AREA OF ENVIRONMENTAL CONCERN (15A NCAC 07K .0208).
PROJECT LOCATION/ADDRESS – 214 Porto Vista Drive, North Topsail Beach

Dear Mr. and Mrs. Hartung,

I have reviewed the information you submitted to our office concerning the necessary filing of an
application for a CAMA Minor Development Permit under the Coastal Area Management Act and have
determined that the activity you propose of a single family residence is exempt from needing a CAMA
Minor Development Permit as long as it remains consistent with your project drawing, dated August 16,
2021, and it also meets the conditions specified below. If your plans should change and your project will
no longer meet these conditions, please contact me before proceeding.

SINGLE FAMILY RESIDENCES WITHIN THE ESTAURINE SHORELINE AREA OF
ENVIRONMENTAL CONCERN EXEMPTED

1. All development shall be located at least 40 feet landward of the normal high water level from
waters classified as Outstanding Resource Waters (ORW).
2. No ground disturbance or land disturbing activity shall occur within 40 feet of the normal high
water level of waters classified as ORW.
3. The development may not exceed a 25% built upon area within 575 feet of the normal high water
level of waters classified as ORW.
4. The development shall be consistent with all other applicable CAMA permit standards, North
Carolina Building Code standards, local ordinances and local land use plans in effect at the time
the exemption is granted.
5. This exemption does not allow for any development within any wetlands or open water areas.
Any proposal to modify or alter the development plan as proposed will require additional
authorization from the Division of Coastal Management.

Rhodes
Page 2

This exemption does not eliminate your requirements to obtain any other State, Federal or Local
authorization. Construction of the structure authorized by this exemption shall be completed by
December 31 of the third year of the issuance date of this exemption.

Sincerely,

Curt Weychert
Environmental Specialist II, DCM

cc: Roy Brownlow, DCM
Kate Winzler, NTB Permitting Specialist
Nathan King

15A NCAC 07K .0208 SINGLE FAMILY RESIDENCES EXEMPTED
(a) All single family residences constructed within the Coastal Shoreline Area of Environmental Concern that are
more than 40 feet landward of normal high water or normal water level, and involve no land disturbing activity
within the 40 feet buffer area are exempted from the C AMA permit requirement as long as this exemption is
consistent with all other applicable CAMA permit standards and local land use plans and rules in effect at the time
the exemption is granted.
(b) This exemption allows for the construction of a generall y shore perpendicular access to the water, provided that
the access shall be no wider than six feet. The access may be constructed out of materials such as wood, composite
material, gravel, paver stones, concrete, brick, or similar materials. Any access c onstructed over wetlands shall be
elevated at least three feet above any wetland substrate as measured from the bottom of the decking.
(c) Within the AEC for estuarine shorelines contiguous to waters classified as Outstanding Resource Waters
(ORW), no CAMA permit shall be required if the proposed development is a single-family residence that has a built
upon area of 25 percent or less and:
(1) has no stormwater collection system; and
(2) is at least 40 feet from waters classified as ORW.
(d) Before beginning any work under this exemption, the Department of Environment and Natural Resources
representative shall be notified of the proposed activity to allow on -site review. Notification may be by telephone at
[phone], in person, or in writing to the North Carolina Division of Coastal Management, 400 Commerce
Ave., Morehead City, NC 28557. Notification shall include:
(1) the name, address, and telephone number of the landowner and the location of the work, including
the county, nearest community, and water body; and
(2) the dimensions of the proposed project, including proposed landscaping and the location of normal
high water or normal water level.
(e) In eroding areas, this exemption shall apply only when the local permit officer has determined that the house has
been located the maximum feasible distance back on the lot but not less than forty feet.
(f) Construction of the structure authorized by this exemption shall be completed by December 31 of the third year
of the issuance date of this exemption.

History Note: Authority G.S. 113A-103(5)c;
Eff. November 1, 1984;
Amended Eff. May 1, 2015; December 1, 2006; December 1, 1991; May 1, 1990; October 1, 1989.

- NOTES -
1. THIS SURVEY IS OF AN EXISTING PARCEL OF LAND.
2. SUBJECT TO RESTRICTIVE COVENANTS,
EASEMENTS OF RECORD, ZONING ORDINANCE, &
UNDERGROUND UTILITIES, IF ANY.
3. NO TITLE SEARCH BY SURVEYOR.
4. REFERENCES; DB 3256, PG 892; MB 26, PG 125
5. FLOOD ZONE: AE-12 (EFFECTIVE 6-19-2020);
COMMUNITY PANEL #3720-425600-K
6. ZONE: NORTH TOPSAIL BEACH R-10
SETBACKS PER TOWN: FRONT- 20', SIDE- 8', REAR - 10'
7. MAXIMUM BUILDING HEIGHT: 43'0"
l
LLl
CD
JAMES & ROSALIE VAN WIE N
LOT 12
DB 2049, PG 662 a
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R/W
2-PROPOSED
12' GRAVEL
DRIVEWAYS
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\ SIR CLARENCE STEWART
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NORTH
NORTH CAROLINA
ONSLOW COUNTY
1, WESTON LYALL, PROFESSIONAL LAND SURVEYOR NUMBER
L-4438, CERTIFY THAT THIS PLOT PLAN WAS DRAWN UNDER MY
SUPERVISION FROM AN ACTUAL GPS SURVEY (MB 26, PG 125)
MADE UNDER MY SUPERVISION AND THE FOLLOWING
INFORMATION WAS USED TO PERFORM THE SURVEY: CLASS OF
SURVEY: B; POSITIONAL ACCURACY: 500 RMS; TYPE OF GPS
FIELD PROCEDURE: VRSRTKGPS,, DATUM: NAD83 "2007",
NAVD88; GEIOD MODEL: GEOID 03; COMBINED GRID FACTOR:
0.9999697; UNITS: US SURVEY FEET.
PRELIMINARY PLAT
NOT FOR RECORDATION
CONVEYANCES OR SALES
WESTON LYALL
REGISTRATION NUMBER L-4438
SITE
IMPERVIOUS CALCULATIONS:
LOT AREA - 8,098 SF (0.19 AC)
PROPOSED RESIDENCE - 1,037 SF
PROPOSED GRAVEL DRIVEWAY - 0 SF
TOTAL PROP. IMPERVIOUS COVERAGE: 1,037 SF (9.5%)
TOTAL ALLOWABLE IMERVIOUS COVERAGE PER
DEED RESTRICTIONS (DB 949 PG 147) - 2,405 SF
JEFFREY & FRANCINE HEPLER
cn LOT 14
DB 5225, PG 543
C)
O
A
-LEGEND -
SIR - 1/2" Set Iron Rod
EIP - Existing Iron Pipe
EIR- Existing Iron Rod
CP - Calculated Point
R/W - Right -of -Way
DB - Deed Book
MB - Map Book
PG - Page
CC - Control Corner
TP - Existing Telephone Pedestal
MBL - Minimum Building Line
- Property Line Surveyed
— — — — — — — - Property Line Not Surveyed
CP EIR _
N45°43'22"W
5.80'
DRIVE
CC
N=262139.57
E=2455810.43
GRAPHIC SCALE IN FEET
30 15 0 30 60
PRELIMINARY PLOT PLAN FOR
KINCO
LOT 13, PORTOFINO SUBDIVISION
214 PORTO VISTA DRIVE NORTH TOPSAIL BEACH
STUMP SOUND TOWNSHIP,
SCALE: i" = 30' ONSLOW COUNTY. NC
AUGUST 16, 2021
WESTON LYALL, PE, PLS, PLLC
214 HIGHWAY 17N SUITE 1
HOLLY RIDGE, NC 28445
PHONE: [phone] FIRM LICENSE #P-0937
STRUCTURAL & CIVIL ENGINEERING & LAND SURVEYING