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HomeMy WebLinkAboutNH_17-37_ Panorama (2)a NEW HANOVER COUNTY 17.37 Local Government Permit Number 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 environment concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management" Panorama Hroperties L.L.G., authorizing development in the Estuarine Shoreline - ORW (AEC) at 607-A trails End Road, in Wilmington, NC, as requested in the permittee's application, dated September 16, 2017. This permit, issued on October 6, 2017, is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void. This permit authorizes: Construction of an in -ground pool, Wooden Decks, Retaining Walls, Pier with Gazebo, House Addition. (1) All proposed development and associated construction must be done in accordance with the permitted work plat drawings(s) dated received on September 19, 2017. (2) All construction must conform to the N.C. Building Code requirements and all other local, State and Federal regulations, applicable local ordinances and FEMA Flood Regulations. (3) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. (4) A copy of this permit shall be posted or available on site. Contact this office at 798-7116 for a final inspection at completion of work. (Additional Permit Conditions on Page 2) 1;`c�ivEo DO -NI WILMINGTON, NC nrT n A 2017 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 work conducted under this permit must cease until the appeal is resolved. This permit must be on the protect site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modffcation not covered under this permit, require further written permit approval. Ni work must cease when this permit expires on: DECEMBER 31, 2017 n issuing this pe^rit 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 Management. Darrell E. Galloway CAMA LOCAL PERMIT OFFICIAL 230 Government Center Drive, Suite 110 _.-Wilmington -N '2903 (Signature required if conditions above apply to permit) Name: Panorama Properties L.L.C. Minor Permit # 17-37 Date: October 6, 2017 Page 2 (5) The amount of impervious surface shall not exceed 25% of the lot area within 575 feet of Normal High Water (Estuarine Shoreline - ORW Area of Environmental Concern) in this case, 1,580 sq. ft. of impervious is authorized. Total on lot will be 1, 580 sq. ft. (6) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective sedimentation and erosion control measures. Prior to any land -disturbing activities, a barrier line of filter cloth must be installed between the land disturbing activity and the adjacent marsh or water areas, until such time as the area has been properly stabilized with a vegetative cover. (7) Any proposed for grading within the 30' buffer from the Normal High Water must be contoured to prevent additional stormwater runoff to the adjacent marsh. This area shall be immediately vegetatively stabilized, and must remain in a vegetated state. (8) All other disturbed areas shall be vegetatively stabilized (planted and mulched) within 14 days of construction completion. DATE RECEIVED DCM WILMINGTON, NC 0 C T Og2017 NEW HANOVER COUNTY t`a Locality _____ Permit Number Ocean Hazard Estuarine Shoreline ORW fihomllne _ Public'I 1 .. . (For official use only) .i- GENERAL INFORMATION SEP 1 9 2017 LAND OWE D Name: Panorama Properties L.L.C. Address: _ 5307 South College Rd City; Wilmington, N.C. 28412 AtiTHORIZ- Name: Address: City: Shane Kosnik Member manager Panorama Properties L. L.C. 5307 South College Rd Wilmington, N.C. 28412 LOCATION OF PRO ECT: (Address,itreet name a adjacent waterbody.) -- A lC a,V6 E NEW HANOV-R COUNTY PLANNING & ZQN1tuu Phone(-1 ko) Phone ©� �31_ '� 3n, to site. If not ont, what is the �;�V� Qx DESCRIPTION OF PROTECT: (List all proposed construction and la In Ground swimming pool, —7 Wooden decks, Retaining walls, SIZE OF LOT/PARCEL: square feet 40 Pier with Gazebo, House Addition PROPOSED USE: Residential (Single-family _ Multi -family 1 r-n,..,o,-:..-il/Industrial Other TOTAL ENCLOSED FLOOR AREA OF A B DING 0\ D AREA OF ENVIRONMENTAL CONCERN (AEC): IS E30 oors and roof covered decks) SIZE OF BUILDING FOOTPRINT AND OTHER 1MPER t SURFACES IN THE COASTAL SHORELINE AREA OF ENVIRONMENTAL r,� A _ , Inn square feet (Calculations includes the area of the roof/drip line of all buildi: -cks, concrete or masonry patios, etc. that are within the applicable AEC.)(Attach your calculatioi Choose the AEC area that applies to your property: 1) within 75 feet of Normal High Water for the Estuarine within 575 feet of Normal High Water for the Estuarine to Outstanding Resource ters (3) within 30 feet of the Public Trust Shoreline AEC (Contact your Local Permit Officer if you are not sure which AEC applies to your property.) 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)( If yes, list the total built upon area/impervious surface allowed for your lot or parcel. square feet. REC%'77-IVED DCM WILMINGTON, NC S E P 2 12017 -J-k- L' 1--5 RECEIVED I CEIVED UTIIER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA minor development permit As a service we have compiled a Listing of the kinds of permits that might be required. We suggest you check over the list with your O to determine if any of these apply to your project- Zoning, Drinking Water Well, Septic Tank (or other sanitary waste gr e. >t 3ystob{ $uiiding, Electrical, Plumbing, Keating and Air Conditioning, Insulation and Energy Conservation, FIA Certification, Sand Dune, Sedimont Control, Subdivision Approval, Mobile Home Park Approval, Highway Connection, and others. NEW HANOVER COUNTY STATEMENT OF OWNERSHIP: PLANNING & ZONING 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) 7� owner or record title, Title is ested in4T ��t(�' 1 ) tAee Deed Book page �(ib in the f 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 and 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 given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. (Name) (Address) (1>— Louise B. Brigman 551 Trails end rd - - - (2)_ Masonboro Yacht club 609 Trails end rd --- - (3)— 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 susceptible to erosion and/or flooding. I acknowledge that the local permit officer has explained to me the particular hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabilization and floodproofing techniques. PERMISSION TO ENTER ON LAND: I furthermore certify that 1 am authorized to grant and do in fact grant permission to the local permit officer and his agents to 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 derails will constitute a violation of any permit_ Any person developing in an AEC without permit is subject to civil, criminal and administrative action. s�This the - day of , 20 A Landowner or person authorized,topwt-�s his agent for purpose o tL' M1914 E-�'- - p application S E P 21 2017 I, PAMa C. 645T0'H. C 4(T, F' THAT T115 =?DDt(Y 1VA5 S AVC:20 ANJ VAP C.2AWN LkIC:R IAY 5L!'PdV',SCia: 1,E5CWTiON A9 51.OIIIN 04 TT FACE OF TP,S PUT: RATA Cr rraC -Ioh A5 CALCULATED y COVP'JTER 15 1:10,OW+; _dMT IhE 80UNOME5 NOT 5U r(M ARE SHOWN OY BROMN LN5 P(DMD jnD VMk4AAM lIZRW =; THAT R115 PUT WA5 PRVARED'N AC=AtiLE WITH Mf 5TANOAW5 OF f,WDCE FOR LW 510nlW IN 4M CARaW (21 NCAC 56.1 G04): *,,W551/( OR6AX yMATIIRE. C � LCENSUREM WIMMD5W RNS 26 DAY OF 1UL: A.D. 2017, G J f,�e,-.ZF PAT14' & C, RINOW 4.C."40. L-A148 NOTES - ALL SOUNDINGS ARE 5A5ED UPON 055ERVE0 LOW WATER E5TA8U5HED ON51TC AT 10.45 AM ON JULY 19, 2017. -ADJOINING MCR WAS r,,ELD LOCATED. -ALL CHANNEL LINES, CORRIDOR UNE5 AND WIDTH OF WAT'IRBODY 5-4CV/N HAVE DUN RfIAEWED OYThE DIVISION Or COASTAL MANAGEMENT. -NORMAL HIGH WATER BY NEW HANOVER COUNTY LPO UNDA PAINTER. -BUILDING CONFIGURATION KEFLrCT5 SOME PROPOSED GRANGES. Nk�{1CA 0!l�� S/E AL 7 Z�12a 4p' f L-414E House Adl I I LINE TA6LL . LILAC LCNGTtt aRe-jN6 L11 .1;2 528' ) 7T L2 15.88 521 IOrr. L3 -CT 22.65 29.95 20.43 s. L7 30.26 L8 14,;7 0 -0,46 IPARJM )"DO NOKMAL HIGH WATER -eta FLOOD q Fbi3 � shr I 201! OCATION MAP `L'AV HANOVER COUNTY NTT05W ny 'F'sANNING & ZONING 5URVEYREFERENCE OA7 ASAP 6001L 45 PAGE 392 -C.G7 c'CO 5rXX 51 r 7 PAGE 1844 V o -0,79 -0.66 ° -0.74 e -0.76 A -0.76 ° -0.60 -0.74 .0.9C -0.52 -1 .22 •0.67 _ _ -1.40 _0.92 °-0.5C ^R6 azeba-- ° \ o .'37 ` 0.1.14 -Id4 -1.09 ..1,0: 1. 1.8 2 -235 2 3,93 �\ -Z� o ° 3.66- -3.94 A 4 eD N i 27I "- 4.13 CHANNEL PROF. /C ° / T 3.In 31 , b ^ z THR&D \ PIER .23 - I.62 J 4.3.17 N -3.04 0.06 ! -2.10 FIER OETAIL5 � P.13 PIER WIOTH EDGECS MAR 11 .72 ........................ 6' * 43 LENGTH FROM GRA55 LINE.. 87, GAZEBO rJ / ........................... 12- BY 12' TOTAL LENGTH 104' ................... RIPARIAN FLOATING DOCICS.............. 6' BY 24' 17 Lc CORRIDOR HIGH WATER FRONTAGE....... 166' 14* i7lD TERMINU5 OF \ 0 4o Lo I) am j R(GM OF WAY TWIN 20 :O q N \ MA90NBOR0 YACHT 75- CLUB 4 MARINA COG t i D5 5584 PG 1 706 I STORY FRAME QE5iDENCE Wooden de mg 54.5' u PURVIANCE AVENUE I l 53f.47 k9 100.00' I (3 ft;WC Klo) sl N69'00'OOW 4 s r'I I PRFLI M I NARY C-E9DE-lM_59 Pt ALA 4- RIPARIAN IJRVf=Y..FC)R �_ VL _ Panorama Properties L. L.C. DGIVI WILMINGTO LOT 2, DIVISION OF "HEAKMEASE° MAP BOOK 45, PAGE 392 S E P 21 2017 MA50N50RO TOWN5HIP NEW HANOVER COUNTY, N.C. --�� 9IIfA :2(J.PATlµ f3 EMV b4 JIJLY 26, 2017 4.665 AC.-- N LEGEND PATRICK C. BRISTOW 60 0 30 60 120 O o9TING O1� rPE LAND SURVEYING, PC CENTEkiI:tC S 411S-A OLEANDER DRIVE -- O- CONTRDL MONUMERT q/p,MW�,.CIft VAIFIff ®- 53f IRO}I PPE (910) 7914=1(PH) (910) 791-156i (PAX) I INCH m 60 FELT A. S't•kr.Y tiAlz 6-MAEL : PQQbiWmiur.ryso4.e ® PATW.^,T. G, 8 smw LAND 30wrfwr, PC JULY 2017 I LO - V'IE GAK FIRM LICENSURE NO. C-30-,1 NC - t9 s D S SITE DRAWING/APPLICATION CHECKLIST Please make sure your site drawing includes the following information required for a C ' b t. The drawing may be simple and not necessarily to scale. The Local Permit Officer will help you, reques Vrff PHYSICAL DIMENSIONS S E P 1 9 2017 `Label roads babel highways right-of-ways NEW HANOVER COUNTY !Label local setback lines PLANNING $ ZONING L'Label any and all structures and driveways currently existing on property PHYSICAL CHARACTERISTICS Draw and label mean high water mark Draw location of on -site wastewater system If you will be working in the ocean hazard area: t„Draw and label dune ridges (note height) thaw and label toe of dune Identify and locate first line of stable vegetation +.Draw and label setback line under CAMA 4Dmw and label topographical features (optional) If you will be working in an estuarine shoreline area: ..Draw and label landward limit of AEC Describe terrain (slope) DEVELOPMENT PLANS tOmw and label areas that will be disturbed _1X a house is to be placed on lot, describe location of house ,Note size of piling and depth to be placed in ground (Araw and label all areas to be paved or graveled j-Describe composition of surface Note and list fully all trees and vegetation to be removed or relocated -0how landscaping NOTE TO APPLICANT Have you: • completed all blanks and / or indicated if not applicable? • notified and listed adjacent property owners? • included your site drawing? /1� • signed both application and statement of ownership? • enclosed the $100.00 fee? -/ • completed an AEC Hazard Notice, if necessary? FOR STAFF USE Site Notice Posted Final Inspection Fee Received Site Inspections Date of Action: Issued Exempted Denied Appeal Deadline (20 days) ' . vE NC SEP 2 1 2u17 q-ils- i*7 Date RECEIVED LOUISE B. BRIGMAN 551 TRAILS END Wilmington, N.GI'.-a b' Dear Adjacent Property, This letter is to inform you that I, applied for a CAMA Minor Property Owner Permit on my property at C07 � ' ! 6 A I ��� �, in New Hanover Property Address County. As required by CAMA regulations, I have enclosed a copy of my permit application and project drawing(s) as notification of my proposed project. No action is required from you or you may sign and return the enclosed no objection form. If you have any questions or comments about my proposed project, please contact me aim—GtO� ^ .'` or by mail at the address listed below. If you wish to Applicant's Telephone file written comments or objections with the New Hanover County CAMA Minor Permit Program, you may submit them to: CAMA Local Permit (Officer Local Permit Officer for New Hanover County 230 Government Center Drive, Suite 110 Zoning Division Wilmington, NC 28443 Panorama Properties L.L.C. 5307 South College Rd r;EC' ,VED Wilmington, N.C. 28412 DCfvI WILMINGTON, NC S E P 2 1 2017 I. PATM G OWMIW. CGRIPY TMAT Th1S MorE W 05 5ijWM AND W DRANK IY`= W SIXGN•JICA - DLSpOPIION AS SHOWN ON ThE MIX OF V 15 FIAT; RATS O/ fFtC 11 AS CAILUAM 6Y C014•M 151- IO.COD4; ;MAT TM IWILWMIS NOT 21WO ANE SMOWN W OROIQII Ldg5 MATTED MM WFORMA"R3MM THAT TPIS flAT LM95 FIWWANLO IN KW OMM UM 'M STAVA05 OF FR►L6CF MA tW S Or" W NMI" aNAM RI WIX Se.1600. WNW MY O+oL; M 5C'MTM, l:Ct1Ci1REli;lMMOSMTHIS WN Do OF ALv AD. 2017. PA7M C. WOW e.0 1`15 No. L-4146 NOTES - ALL 5OUNDING5 ARE BASED UPON 089CRYED LOW WATCR E5TABLISHCD ONSITE AT 10:45 AM ON JULY 19, 2017. -ADJOINING MFK WA5 FIELD LOCATED. -ALL CHANNEL LINES, CORRIDOR LINES AND WIDTH OF WATERBODY SHOWN HAVE BEEN REVIEWED 5Y THE DIV1510N OP COASTAL MANAGEMENT. -NORMAL HIGH WATER BY NEW HANOVER COUNTY LPO LINDA PAINTER. -BUILDING CONMGURAMON REFLECTS 50ME 1•ROF03ED CHANGES. SEAL` _ = o 7�2c/'Z0, ? a .25 PIER 1.38� -0.48 RIPARIAN \ RRIDO' U / NORMAL HIGH WATER f II T II �� d tn House Adition-__,, I f [Ci��€I111�ai_ m • 0181 ft StrQww TE-.. M115K& CREEK i mn I raw SLP i � 2017 LOCATION MAP NOT W 5CAII 5URVEY REFERENCE e o -0.67 HIV BOOR 45 M6[ 92 �tW HAN06\45R COUNTY i OEM BOOK 5117 PANG[ IA44 -0-GPL.HNNIN AA Z9NING ff -0.78 • -0.80 o -0.74 -0.96 -0.52 Y ° • -0.66 -1.22 o.p7 -0.94 • -o.es \ o o -0.79 ° _0.75 .0.°59 \ o .0.99 a -1,84 o •1.�f \ �0.1.28 -2.-2.35°-2,30. °-fall • 1.40 > 1 40 3. �c�l' �-06 °'.' -8.� -4.80 N -441 f -L07 / bj OA I -0. , I ° -2 � 5 - /� 1.27 13 CHANNEL '� PROP. 1� • / �-3.93 '4.3i M1 b ~ y THREAD \ PIER 40 .23-1.62/ I_3.i7 N f / •-- -3.04 -0.01 %' / -2.83 0.08 1 - -2.10 0 PIEK DETA45 �9 EDGE MARSH11 ?.13 0.1.72 ` * 49 0.45 `i„ PIER WIDTH ........ ................ LENGTH PROM GRA55 LINE.. /• 6' 87 . / GAZEBO ........... ................ 12' BY I P' �h6 r / \ RIPARIAN TOTAL LENGTH ................... FLOATING DOCKS 104' BY 24, li CORRIDOR ..............6' 7l0 HIGH WATER FRONTAGE.....,. 166' TEWINU5 OF OPO5ED ID 40LO RIGHT OF WAY POOL 1 TWIN 201D - N21 ZL� ,I N f W-A5ON50R0 YACHT 75' �� CLUB 4 MARINA '1ucooDB 5584 PG 1706 v1 IX FRAM I / E 3 H DE RAMS 6.4' RESIDENCE- �. ,A - Wooden Viking _ - ti . .... 50.5' PURVIANCI: AVENUE N 100.00' t3!? FU3UG R:V} EEC I PRELIMIN!1 �WiLM r GEgDf l_'cv __5aE_Pl.AN *- RI PARJAN 5 lR_\LE=� S E P� Panorama Properties L.L.C. LOT 2, DIVISION OF °NEART5EA5E" MAP BOOK 45, PAGE 392 MA50NBORO TOWNSHIP NEW HANOVER COUNTY, N.C. svA,eu�owD{Jf SIW...9&CM-0607ATu.eSnv10,,.y JULY 2G, 2017 O.GG5 AC.± N LEGEND PATRICKC. BRISTOW 60 0 30 60 20 C- EMT1NG Ixa1 �� LAND SURVEYING, PC I q " CO T CONTROL 4113-A OLEANDER DAM • E �= CONTROL. h40MU1K�t i wU_* iq@Mw,zw Won �- ser moo Pire (910 791.1lW (PM (9I0) 791.15W (FAX) I INCH - GO FEET A-9:AverNw E-MATI.; Q �ATRICX C. 671:3;ptV IhXD }lUNCl:JG. rG JVLY 2017 LO = UVE OM $ F1Rlrf LLCSNSLIAF_ DX1. C•3071 IVED JGTON, NC 1207 r) CERTIFIED iIL'RECEIPT orily i N 17f f f $3.35 L7Gr GV I' Cy ❑ANunR�i.-'SPY) 3 g ❑ `...•+�i b_��11.i]�j__ Postmark ate M C] Grtrod Mw cMaswYd Dwuwy $ _ _ $ +ti! } e�_ Here ❑ x�rt �wwe awMoo�a peM�y t i NEW HANOVER GOUi,JY MASONBORO YACHfdV64 II u m 09/1 MCI Z 609 TRAILS END RD Wilmington, N.C- 28409 5(0 VY\N,.. q a a ----- Dear Adjacent Property: 9p , This letter is to inform you that i,4�OaNVK `Or �1�'�have applied for a CAMA Miry Property Ow\ne' Permit on my orooertv at �r� t"\ rT P1 S �,`.� >�� in now Property Address County. As required by CAMA regulations, I have enclosed a copy of my permit application and project drawing(s) as notification of my proposed project. No action is required from you or you may sign and retk:n the enclosed no objection form. If you have any questions or comments about my proposed project, please contact nee a(g/l) L d3d - _5 3% �N or by mail at the address listed below. If you wish .o Applicant's Telephone file written comments or objections with the New Hanover County CAMA Minor Permit Program, you may submit them to: CAMA Local Permit Officer Local Permit Officer for New Hanover COLA My 230 Government Center Drive, Suite 910 Zoning Division Wilmington, NC 2840 Panorama Properties L.L.C. nEC' .- VED 5347 South College Rd DUI WILMINGTON, NC Wilmington, N.C. 28412 SEP 2 1 2017 bm� .�i2-71 - !1�; �,? r �� S' �Ri VI�` f\ -�Y' C �•� w =ram •i i " Bill � .'� �• � �• r- ' �J tw q ♦. Fv� ra 1 , Nei i. 17, lk 1 ' � i+ ' - 'iC p_1 ��r' t y .'- y I�' �'ia s. 1 f A •� i4•Ak 4 �' _ ♦: +Sy .a... ,� ,:yh to i`f / itr g . ��`i "��,,j� t;tom%!• 2 .dj-�s `,-.aE".a, �, v.�...: .Y,. •• �1. , �, f. 1 t �/ Tr ,•► '��`,, � �s +r, r r�'I� � R�krn+ � ` r"`yia'� � � �I '�. . 1t • -� �a - •.F+L�'•V i�L7�s, i .��w.: 1yf7 r r-- �.� � � - - (. y. _ ' �`,iP':�� �,: R;,� ��t���trrr:'�j�. //9�r,� � � y - ••� _ •��� f .r>�� , , � j�X 'A ��`'1�y". . - 1r7i�` � i T • t y .4f1 r r.• ,. '�•r�} f�. 17�,Ya "�� .'s' ♦, '�L ,..-•'�►>,s'Q��'',ttt..�t. %•. � •, ,i`." "It"W PIPPPOTO Alr' lilt - IV: Ak *ww 4�p or A41, ' t {� x 1 py0 f lei rm 4y i w 1 Iyr� *y'a r�\`� .��-,:fir' ',� _ `•�: .,` �: ` �� fi' +►' Plies �I� � . - � � <.._� ��i '4 2�J.F 4.3 ',#�..`'. '.'fir it •� 1� ',. 46 ' ��•r6 •L �"` ' �•i,�'� ���r .1�'�'�'�L'�34Y-:fit., � :�. � � �� Y �,.. �...���r' �--+— _ ``�+��C�•, ���1,. ` ,. - .f•-.. ;'�ti�'r ,r_. sae;= yam' ... `�u may. V�.. �n • �� �. �.�� ._ lop • r • •? _ .aye... —4 Ar !M�Ak e AA .,R 4 4 ♦ At t .#fir .; ,•; r " 'i,3 ,,` .._ ve: , -''� wit �`) `'r ',"i " • � ;� :�''; ova U. -A NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina Telephone (910) 798-7165 FAX (970) 798-7053 planningdevelopment.nhcgov.com February 8, 2018 Shane Kosnik Member Manager Panorama Properties, LLC 5307 South College Road Wilmington, NC 28412 RE: Notice of Violation — 607-A Trails End Road Mr. Kosnik, Wayne Clark, AICP Director Ken Vafier, AICP Planning Manager On February 6, 2018 1 visited your property at 607-A Trails End Road and observed violations of the New Hanover County Zoning Ordinance and Flood Damage Prevention Ordinance: Placement of Fill in 35' Conservation Resource Buffer — I observed the placement of fill in the area 35' landward from the edge of the salt marsh conservation resource, a violation of Section 55.1-6 of the New Hanover County Zoning Ordinance, which states: (A) Buffers shall extend thirty-five 35 feet measured horizontally from the edge of the conservation resource and on a line perpendicular to and landward of the conversation resource. (B) The plant material in the buffer zone must be either retained in a natural, minimally disturbed condition, or properly managed in accordance with the management standards presented in subsection 55.1-6(3)(E). In cases where vegetation does not exist within the buffer, the County shall require restoration efforts which include, but are not limited to, replanting of the buffer zone with plant species as recommended in the "Reference Lists and Publications for Guidance in the Selection of Vegetated Buffer Plants". (C) Development activities within the buffer are limited to water dependent structures, except as otherwise provided in section 55.1- 6(3) (D), (E), & (F) and section 55.1-4(3). Examples of water dependent structures include docks, piers, boat ramps, shoreline stabilization, navigation markers and access channels. In order to maintain the functional value of the buffer, excavation, grading, filing, or ditching is not permitted except as otherwise provided herein. (D) Passive public recreational facilities such as pervious trails and pathways, where owned by public entities or homeowners associations, may be permitted within the buffer. (E) In order to achieve the County goals to preserve, protect and restore water quality and natural resources, the buffer zone shall be vegetated and left in a natural, undisturbed condition, or managed in accordance with the intent of these goals. Management activities compatible with the intent of these goals include, but are not limited to the following: 1. Shoreline access paths - Pathways which provide access to the shoreline are permissible provided they are a maximum average of six (6) feet in width and follow a path that minimizes erosion within the buffer zone. Pathways may be vegetated with grasses and mowed, or may be surfaces such as crushed stone, shell, or mulch. Elevated wooden walkways and stairs up to six (6) feet in width may also be used, as long as there is spacing between boards and elevation of the walkway to provide for light penetration and rain water to drip through to allow for continued vegetation growth. 2. View corridor - Selective tree removal, thinning, and pruning of natural vegetation within the buffer zone will be allowed to provide for site lines and vistas of the shoreline. Minimal alteration of the natural vegetation is preferred. 3. Safety and welfare - Selective tree removal, thinning, and pruning of natural vegetation within the buffer zone will be allowed at the discretion of the landowner for safety and welfare concerns (e.g. removal of damaged tree in close proximity to a dwelling). 4. Shoreline erosion control - For necessary shoreline erosion control projects, trees and woody vegetation may be removed and the erosion control measure employed in a manner which is consistent with the purpose and intent of this section. Areas cleared for erosion control measures may be required to be re -vegetated with plant species as recommended in the "Reference Lists and Publications for Guidance in the Selection of Vegetated Buffer Plants". 5. Habitat and species management - Management of natural vegetation within the buffer zone to enhance wildlife habitat, and control nuisance and non-native species may be allowed. To rectify this violation, all fill must be removed from the 35' buffer area and the area must be restored including replanting with plant species as recommended in the "Reference Page 2 of 4 t Lists and Publications for Guidance in the Selection of Vegetated Buffer Plants" (enclosed). Also, please note that no fencing is permitted within the 35' conservation resource buffer. 2. Unpermitted Structure— I observed what was described as a "houseboat" on the property that meets the definition of Structure per the Zoning Ordinance: Structure and/or Building - Anything constructed or erected within a fixed location on the ground, or attached to something having a fixed location on the ground. There are no records of permits for the structure and you told me that you did not receive any permits to locate the structure on the property. As such, our office cannot confirm that the structure is permissible on the property, and if it is, that the location of the structure conforms to the yard requirements of the R-15 zoning district and is outside of the 35' conservation space buffer and 75' conservation space setback. To rectify this violation, you must apply for a permit for the structure and demonstrate that the location of the structure is compliant with the county's land development regulations. Part of this compliance will be to determine that the structure is not considered a "dwelling unit" as defined: Dwelling Unit - One (1) or more rooms together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the some structure, and containing independent cooking and sleeping facilities. According to New Hanover County tax records, the area of the parcel is 0.67 acres, or 29,185 sq. ft. Within the R-15 zoning district, 15,000 sq. ft. is required for each dwelling unit on a property. Because there is currently one dwelling unit on the property and the property is less than 30,000 sq. ft., no additional dwelling units are permitted on the property. 3. Unpermitted Development within Special Flood Hazard Areas — The property lies within both AE and VE Special Flood Hazard Areas and is subject to the regulations of the New Hanover County Flood Damage Prevention Ordinance. The placement of fill is considered "development" per this ordinance: "Development" means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Any development in a Special Flood Hazard Area must be reviewed for compliance with the regulations in the Flood Damage Prevention Ordinance. Section G of the Ordinance describes the limitation on fill in a VE Zone: Page 3 of 4 Fill shall not be used for structural support. Limited non -compacted and non -stabilized fill may be used around the perimeter of a building for landscaping/aesthetic purposes provided it is demonstrated through coastal engineering analysis that the proposed fill would not result in any increase in the Base Flood Elevation and not cause any adverse impacts by wave ramping and deflection to the subject structure or adjacent properties. To rectify this violation, any fill that is to remain in the area of the property within the AE or VE Zones must be reviewed, and an engineer must certify that any fill that is to remain in the VE Zone complies with the above requirement. Please be reminded that any development within the CAMA Estuarine Shoreline Area of Environmental Concern (75' landward of Normal High Water) will need to comply with the CAMA regulations and permitting requirements. Please respond to me in writing within 7 days with your plans and timetable to bring these violations into compliance. You are directed to stop all work on the property immediately until these violations are resolved. I can be reached at (910) 798-7571 or bandrea@nhcgov.com. Sincerely, Benjamin D. Andrea, AICP, CZO, CFM Current Planning and Zoning Supervisor Page 4 of 4 Technical Appendix A: Reference Lists and Publications for Guidance in the Selection of Vegetated Buffer Plants 1. 2. Suggested Buffer Plants (see Graetz for additional species) TREES SHRUBS American beech Beautyberry American elm Blackberry Ash Blueberry Atlantic white cedar Buttonbush Birch Chokecherry BIack gum Clethra BIack willow Cyrilla Carolina cherry laurel Dog-hobble(Leucothoe) Flowering dogwood Elderberry Hawthorn Groundsel Live oak Inkberry Loblolly bay Serviceberry Longleaf pine Sumac Persimmon Southern Wax myrtle Pond pine Winterberry Plum Witchhazel Red cedar Red Maple VINES Sassafras Carolina jessamine Sourwood Coral honeysuckle Southern Magnolia Crossvine Sweet bay Sfax sp Sweetgum Virginia creeper Sycamore Tulip poplar Yaupon Invasive or Weedy Plants (Plants that may not be desirable because they can crowd out and shade native species) Autumn olive (Umbellate) Bradford pear Chinese tallow (popcorn tree) Chinese wisteria English ivy Japanese privet Japanese honeysuckle Japanese barberry Lantana Mimosa Miscanthus grass Multiflora rose Norway maple Pampas grass Russian olive (Elmeagnus) Tree of Heaven Vinca major and minor 1-Appendix A 3. Reference Publications (For guidance in the selection of additional species of vegetated buffer plants not Iisted) Seacoast Plants of the Carolinas by Karl F. Graetz. Pages: 206; Price: $4.50; Available, from: UNC Sea Grant, Box 8605, North Carolina State University, Raleigb, North Carolina 27695- 8605; Summary: Contains black and white photographs with six sections including descriptions of the beach environment, stabilizing the sand with grasses and shrubs, woody plantings for dune protection, beach landscaping, evaluation of perennial beach plants and plant descriptions. Publication #: UNC-SG-73-06 Plants for Coastal Dunes of the Gulf and South Atlantic Coasts and Puerto Rico by Robert M. Craig. Pages: 41; Price: $ ? ; Available from: the County Cooperative Extension Service/ Agriculture Information Bulletin 460; Summary: Includes several color photographs which aid descriptions of how coastal dunes form, the dune ecosystem, planning revegetation on coastal dunes, selecting and establishing dune plants, planting herbaceous plants, and planting trees and shrubs. .4 Guide to Salt Marsh Plants Common to North Carolina by Elizabeth Jean Wilson. Pages:32; Price: $1.50; Available from: Sea Grant (see address above); Summary: is a teaching guide to the herbs, vines, grasses and shrubs found in North Carolina marshes. Publication #: UNC-SG- 81-04 Shoreline Erosion Control Using Marsh Vegetation and Low -Cost Structures by Stephen Broome, Spencer Rogers, and Ernest Seneca. Pages: 20; Price: $2.50; Available from: Sea Grant (see address above); Summary: Describes how to cultivate or transplant marsh vegetation for estuarine erosion control and how to fertilize and maintain it. Illustrates placement and construction of an offshore breakwater, which when combined with a planted marsh can provide long-lasting protection at a relatively low cost. Publication #: UNC-SG-92-12. Common Plants of the Mid -Atlantic Coast by Gene M Silberhorn. Pages: 255; Price: $7.95 - $8.95; Publisher: The Johns Hopkins University Press; Summary: Contains thorough descriptions and sketches of 35 plants of the beach, dunes and maritime forest, 25 plants of salt and brackish marshes, and 41 plants of freshwater tidal and nontidal wetlands. . t Marsh Restoration: Coastal Habitat Enhancement Pages: 32; Price: Free; Available from: Sea Grant(see address above); Summary: Explores the importance of salt marsh habitat and illustrates methods for restoring salt marsh lost to development, dredging and filling, illustrated. Publication #: UNC-SG-98-08 A Guide to Ocean Dune Plants Common to North Carolina Pages: 80; Price: $4.50; Available from: Sea Grant(see address above); Summary: Describes and illustrates the herbs, vines, grasses, shrubs, and trees found on and near the North Carolina Dunes. Publication #: UNC-SG-87-01 2-Appendix A Caring for Your Lawn and the Environment Pages: 2; Price: Free; Available from: County Cooperative Extension Service; Summary: Shows how to reduce runoff and trap pollutants and how to use care when gardening to protect streams, rivers, lakes, estuaries, and coastal waters. How to Evaluate and Manage Storm Damaged Forest Areas Pages: ?;Price:?; Available from: County Cooperative Extension Service or USDA Forest Service, Southern Region, Forest Health, 1720 Peachtree Rd NW, Atlanta, GA 30367-9102 Restoration and Management of Coastal Dune Vegetation Pages: 6; Price: free; Available from: your county's Cooperative Extension Service; Summary: Describes functions, values and limitations of beach dunes and how to restore, fertilize, construct and protect dunes. Wetland Planting Guide for the Northeastern United States by Gwendolyn A. Thunhorst. Pages: 179; Price: ? ; Publisher: Environmental Concern, Inc.; Summary: information sheets on submerged and floating aquatic vegetation, herbaceous Includes plant vegetation, shrubs and trees along with a list of wetland plant suppliers. Erosion Control. • Non-structural Alternatives, A Shorefront Property Owner's Guide Pages: 8; Price: free; Available from: North Carolina Coastal Federation, 3609 Hwy. 24 (Ocean), Newport, NC 28570, PH: (252) 393-8185 Fax: (252) 393-7508. Summary: Brochure for property owners outlining non-structural alternatives that can be used for shoreline stabilization. Shorekeeper Projects Pages: 8; Price: free; Available from: North Carolina Coastal Federation headquarters (see above); Summary: ummary: A property owner's guide to projects that restore, enhance and protect coastal water quality and habitats. Sound Advice: How To Live In Harmony nth Our Coast Pages: 32; Price: free; Available from: North Carolina Coastal Federation headquarters (see above); Summary: Fourteen short chapters on topics including erosion control, soil, drainage, septic systems, landscaping,lawns Pavement, , gardening, pesticides, household chemicals, water conservation, recreation, and community action. Restoration and Retention of Coastal Dunes with Fences and Vegetation, (Bulletin No.382 Jan. 1966), by J. A. Jogschitz and Robert C. Wakefield. Agriculture Experiment Station. University of Rhode Island, Kingston. How to Build and Save Beaches and Dunes, Marine Leaflet Series No. 4, Agricultural Experiment Station Bulletin No. 408, by John A. Jogshitz and Robert C. Wakefield, University of Rhode Island, Kingston. Creation and Stahilization of Coastal Barrier Dunes, by R.P. Savage and W. W. Woodhouse, Jr., reprint form the proceedings of the 11' Conference on Coastal Engineering, London, England, Sept. 1968, published by the American Society of Civil Engineers. 3 Appaodix A a w Stabilizing Coastal Dunes, by William Walton Woodhouse, Jr., University of North Carolina Sea Grant program, 1235 Burlington Laboratories, North Carolina State University, Raleigh. Management of Beach and Dune Vegetation, by Michael Barbour, Sea Grant Advisory Program, 188 Briggs Hall, University of California at Davis, Davis. Propagation of Sparrina alterniflora for Substrate Stabilization and Salt Marsh Development, prepared by W. W. Woodhouse, Jr., E. D. Seneca and S. W. Broome, technical Memorandum No 46, August 1974. Coastal Engineering Research Center (CERC), U.S. Arm Ca Engineers, Kingman Building, Fort Belvoir, VA 22060. y rps of Marsh Building with Dredge Spoil in North Carolina Bulletin 445, North Carolina Agricultural Experiment Station, North Carolina State Universi Ralei from the National Technical Information Service as CERC Reprint )rint R2-NC 072 7. July 1972. (Available Jr., ED Seneca and SW Broome. , WW Woodhouse, Propagation of Smooth Cordgrass S. alterniflora from Seed in North Carolina Chesapeake Science, Vol. 15, No. 4, December 1978. SW Broome, WW Woodhouse, Jr., and ED Seneca. The Natural Gardens of North Carolina, with Keys and Descriptions of the Herbaceous Wild Flowers Found, by Bertam W. WelIs. Pages: 478. Web site on Native grasses - httn://nlaut-materi la nr�g usda g9V•9glpmclfact�h ts.html contains specific information on many species of grasses, shrubs, etc. 4-Appendix A