HB_19-052_ Gonzales (DENIED) (2)

PLANNING & INSPECTIONS DEPARTMENT
BIII,EIII,PIII, FIII, MIII
Tmothy D. Evans
[e-mail]
CERTIFIED MAIL - #70170190000101012200
CFM,CZO,LPO,CPM
RETURN RECEIPT REQUESTED
Rhonda Wooten
[e-mail]
November 25, 2019
Administrative Assistant
Madyson Zehnder
PlanningUnspectlon@hbtown
hall.com
Rene Gonzalez
2935 Hiddenbrook Way
Fort Mill SC 29707
RE: DENIAL OF CAMA MINOR DEVELOPMENT PERMIT AND ZONING
APPLICATION.
APPLICATION NUMBER- #2019-052
PROJECT ADDRESS- 743 Ocean Boulevard West
Dear Mr. Gonzales:
After reviewing your completed Minor CAMA Application and Zoning
Permit Application in conjunction with the development standards required
by the Coastal Area Management Act (CAMA), our locally adopted Land
Use Plan and Holden Beach 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 and
Ordinances. You have applied to add a roof to an existing uncovered open
deck that is located oceanward of the landward toe of the frontal dune
and install a stormwater retention holding area within the frontal dune.
The proposed project is in violation of Town Ordinance 94.03(C)(2)(a)(6)
&(c) and Section 154.23 (J) located in Holden Beach Code of Ordinances.
The proposed project is also in violation of Section 15 NCAC 7H .0306 (a)(8)
of the Coastal Management Act. This section states that: If no primary
dune exists, but a frontal dune does exist in the AEC on or landward of the
z
lot where development is proposed, the development shall be set landward
of the frontal dune, the ocean hazard setback or development line, w
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whichever is farthest from the vegetation line, static vegetation line, or W
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measurement line, whichever is applicable. v
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110 ROTHSCHILD STREET • HOLDEN BEACH, NC 28462 • 910.842.6080 PHONE • 910-842-7003 FAX
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www.hbtownhall.com
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On page 41 of the Local Land Use Plan, you will find that Section 4.1. which
states in part that the state guideline for this area of environmental concern
is found in section 15A NCAC 7H. and that the local land use plans give
special attention to the protection of appropriate AECs which in this case
is the Ocean Erodible Area.
Should you wish to appeal my decision of the Minor CAMA
application 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.
Be advised that the Coastal Resource Commission cannot issue a variance
to Local Ordinances.
Respectfully yours,
gA.)" W
Rhonda Wooten - LPO
cc: Douglas Crites -Authorized Agent
Brendan Brock - DCM FIELD REP/FIELD OFFICE AGENT
RECEIVED
DEC 0 2 Z019
DCM WILMINGTON, NO
110 ROTHSCHILD STREET • HOLDEN BEACH, NC 28462,910,842.6080 PHONE • 910-842-7003 FAX
www.hbtownhalf.com

t;l.
Locality 1 ULf/ll U 1 1TU IU V I I,r),u(Ic
Ocean Hazard —Z— Estuarine Shoreline ORW Shoreline
(For official use only)
GENERAL INFORNM CICON
LAND OIN;NER
Permit Number C�019'0c�_
Public Trust Shoreline Other
Name iZQ(Ie lsU%17-4/e2—
Q =Z 1)oi-9'eoOk eLj#(
City lzT MILL ! state _ .S �_ zip2gi�
Email -on LQ/RZ UU re. be I( SirVgalr�- Elm#
AUTHORIZEDAGENT
Name14f 'AGI,h -P C✓,�Ttf
Address 7 Z 'L 0 ✓i f �U ��- i 12. 1
City � (/��/(/ State _ Zip Z I -Phone ` 0 2-3 3 b '7 60
Email_G/t'vr i�ov4/aJ ✓/ (i-/,/.cU�
LOCATION OF PROJECT: (Address, street name and/or directions to site. if not oceanfront, what is the name of the
adjacent waterbody.) 7y Oa eon jq (
eKiS �,n y
DESCRIPTIONOF PROJECT: (List all proposed construction and land disturbance.) RU 161 &v � 0 ✓p/ ev 6
:SIZEOFLOT/PARCEL: /411.7&e;_ squarefeei 0.0-54 acres
PROPOSED USE: Residential q (Single-family §d Multi -family ❑) Commercial/Industrial Other []
COMPLETE EITHER ())OR (2) BELOW (Contact your Loral Permit Officer fyon are not sure which AEC applies
fo your prnpery),):
(1) OCEAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE: M square feet (includes
air conditioned living space,, parking elevated above ground level, non -conditioned space elevated above ground level but
exelndingnon-load-bearing attic space) t5e -,oF 'v Coven; eW.4T1''-'G DEer. f &P—Srea-1v
(1) COASTAL SHORELINE AECs: SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT
UPO-N' SL,TRFSCESi'Ark square feet (includes the area orthe roof/drip line of all buildings, driveways, covered decks,
concrete or masonry pnlios, etc. that are within the applicable AEC. Attach your ,)
STATE STORMIYATER MANAGEMENT PERMIT: Is the project located in ti;m
ra subject to a State
Management Permit is ed by the NC Division of Water Quality? INI
NOV 1 5 2019
YES NO
If yes, list the total built upon areatimpervious surface allowed for your lot or par el:
19
DCM WILMINGTON, NC

OTHER:PERMiTS MAYBE 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:
, 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 Relte Q 6on-2� see Deed Book
page (Q in the 13 ((,1 Y1S hC 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 ofproperties 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) te,t.r'.��)
(1)
(2)
(3)
(4)
ACKNOWLEDGEMENTS:
I, the undersigned, acknowledge that the land owner is aware that the proposed development is planned for an area which
may be susceptible to erosion and/or flooding. I acknowledge that the Local Permit Officer has explained to me the particu-
lar hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabiliza-
tion and floodproofing techniques.
I furthermore certify that i-am authorized to grant, and do in fact grant, permission to Division of Coastal Management staff,
the: Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information
related to this permit application.
F _ Lo-
This the _3e!e� day of
or -person authorized to act as his/her agent for purpose of filing a CAMA permit application
this application includes.. general information (this jonn), a site draiving as described on the boclr of this application; the
nvnership statement, theOceanHazard AECNotice where necessary, a checkfor,S100.00 made payable �to=th�*elpolcal�i�{ and
my informatiomas maybe provided orally byThe applicant: The details of the application ns described b >� are
ncorporated without reference in any permit which may be issued Deviation from these details will constitule a violation of
my permit. Any person developing in on AEC wilhoar permit is subject to civil, criminal and administroti iiU ZU 1 �
1 off
oz 6
DCM WILMINGTON, NC

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Applying for Permit: �1 f Goi z-Cr I e z
Mailing address: % -3 S :Li )dd-crn b Y'00 K, kkiy
(� W1 cSP—. 1711�1
Phone Number: _ Ylpq— 29I—qS le
I certify that I have authorized 00vy(ar : /A ';j e (
Agent / Contractor
to act on my behalf, for the purpose of applying and obtaining all CAMA permits
necessary for the proposed development of I 0 ,6C A Poo Z n
1'0(17G P"r,
at my property located at l 7 O
in R rcIn r (wt'Clr County.
This certification is valid through
Date
(Property Owner Information)
?1.t�
Signa re
Print or Type Name
Title
L-2,
Date
-70 F%/ - 73 63
Phone Number
Email Address
RECEIVED
NOV 1 S'Liy
DCM WILMINGTON, NC

AEC HAZARD NOTICE
Project is In An: _IZ Ocean Erodible Area High Hazard Flood Area
Property Owner;
Property Address:__? 'L ? cl e-Cut b lvcl
Cali Brunswick County GIs for
Date Lot Was Platted: _ this information! 910-
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 frorn 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. Time 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 ocea rosion rate for the area where your property is
located isfeet per year.
The rate was established by careful analysis of aerial photographs
of the coastline taken over the past 50 years.
3" �lso indicate that the shoreline could move as much as
r =Yyfeet landward in a major storm.
I`he flood waters in a major storm are predicted to be about
---Meet 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.
She applicant must acknowledge this;nforniation and requirements
ry signingt . notice in the space below. Without the proper
signature a plication w�j11 not be complete.
/�//
This shall be completed.
Inlet Hazard Area
SPECIAL NOTE: This hazard notice is required fordevelopment
in areas subject to sudden and massive stones and erosion. Permits
issued for development in this area expire on December 31 of the
third year follo—ing the year in which the permit was issued.
Shortly before . ork begins on the project site, the Local Permit
Officer must i a contacted to determine the vegetation line and
setback distan.:e 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 ofa major
shoreline change as the result of storm within the 60-dayperiod
will necessitate remeasurement of the setback. It is important
that you check with the LPO before the permitexpires for off cial
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:
Ci t_ 1 0( Wt�
Local Permit Officer
TOWN OF HOLDEN SUM
Address 110 ROTHSCHILD MUM
HOLDEN BEACH, N.C. 2HH6£
Locality
Phone Number
RECEIVED
NOTI S 101.9
DCM WILMINGTON, NC

BEFORE YOU BUILD
Setting Back for Safety: A Guide to Wise Development Along the Oceanfront
When you build along the oceanfront, you take a calculated risk.
Kawral forces of water and wind collide with tons of force, even
on calm days.
Man-made MA;es cannon be guaranteed to survive the force
of a hurricane. Long-term erosion (or barrier island migration)
may take from two to ten feet of the beach each year, and,
sooner or later, will threaten oceanfront structures. These arr the
facts of life for oceanfront property owners.
The Coastal Resources Commission (CRC) has adopted rules for
building along the oceanfront. The rules are intended to avoid
an unreasonable risk to life and property, and to limit public and
private losses from storm and long-term erosion. These rules
lessen but do not eliminate the element of risk in oceanfront
development.
As you consider building along the oceanfront, the CRC wants
you to understand the rules and the risks. With this knowledge,
you can make a more informed decision, aLrout where and how to
bad in the coastal area.
The Rules
When you build along the oceanfront, coastal management rules
require that the structure be sited to fit safely into the beach
environment.
Structures along the oceanfront, less than 5,000 square feet in
size, must be behind the frontal dune, landward of the crest of
The primary dune, and set back from the first line of stable
natural vegetation a distance equal to 30 times the annual
erosion rate (a minimum of 60 feel). The setback calculation
increases as the size of the struaun_ increases 115A NCAC
7H,030(JaX7)), for example: A structure between 5,000 and
10,000 square fer_t would require a setback from the first line of
stable , natural vegetation to a distance equal to 60 times the
annual erosion rate (a minimum of 120 feet). The graduated
setback catthmves to increase through structure sizes greater than
l00,000 square feel.
The Reasons
The beaehfrom is an ever -changing landform, The beach and
the dunes are natural "shock absorbers," taking the btaiing of the
wind and waves and protection the inland areas. By
incorporating building setbacks into the regulations. you have a
good chance of enjoying the full life of the structure. At first, it
seems very inviting to build your dream house a5 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 Jt:ne 1979, might prove a hardship for some
property owners. Therefore, they established ae exception for
lots that cannot meet the setback requirement The exception
allows buildings in front of the current setback, if the following
conditions apply:
1) the lot must have been platted as of June I, 1979, and
is not capable of being enlarged by combining with
adjoining land under the same ownership; '
2) development must be constructed as far back on the
property as possible and in no case less than 60 f
landward of the vegetation line;
3) no development can take place on the frontal duns
4) special construction standards on piling depth and
square footage must be met; and
5) ail other CANIA, 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
PRE -PERMIT Sl"CILPRt, nrAn COUATE SETBACK
JOE 6TRUCIUsur f PRE S7ORM $EACH Pxf)FILE
57 AtAC7L'Rf,
ADEgtJ.Art POSTSTnRM $EACIt PROF ILE
S{TRACK _
OhE YEAR Ar7fn 5109MJ0EACH R£$tr1191Nc
T
After the storm, the house 017 the dune will begone, The other house has a much better chance of survival.

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Adjacent Property wrier
I9/I G4A1 d/AP, %lcl.
M ''ling Address Z 3 Z 3 6
City, State, Zip Code
Dear Adjacent Property:
This letter is to inform you that I,
R el P 6-011url10Z
Property Owner
Permit on my property at 7 H 37 • t��
County
Property Address
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p eef and Ap(No., or PZl6ox No,
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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 oryou may sign and return
the enclosed no objection form. If you have any questions or comments about my proposed project, please
l contact me at � C/ Z / � b C/ or by mail at the address listed below. If you wish to
Applicant's Telephone
file written comments or objections with the Town of Holden Beach CAMA Minor Permit Program, you may submit
them to:
Rhonda Woolen
Local Permit Officer for Town of Holden Beach
110 Rothschild Street
Holden Beach, NC 28462
tnI
r
Property Owner
a-93S
Mailing Address
�pi2T MILL Sri. �g ��%
City, Slate, Zip Code
RECEIVED
NOV 1 8 90N
DCM WILMINGTON, NC

Holden Beach
(I oft)
Zoning: R1
7' 4 74Legal Description
71L-61 &62 &20'OF 6364 S-B ROB BCH
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to Owner Information
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-Owner Name:
GONZALEZ RENE HIRAN ErUX
00 GONZALEZ MARTA MARGARITA
F;j Mailing Address:
A ) CD 2935 HIDDENBROOK WAY
'0
FORT MILL, SC 29707-1524
Deed and Plat References
I Deed Book: 04229
Deed Page: 0736
Plat Book:
Plat Page:
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Dear Adjacent Property:
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This letter is to inform you that I, L 12 e C>-0,71,> / eZ have applied for a CAMA Minor
Property Owner
Permit on my property at % L1 U.
County in Brunswick
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 noObjectionform. If you have any questions or comments about my proposed project, please -1
contact meat ( () 2- 3 j O 7 66) or by mail at the address listed below. If you wish to
Applicant's Telephone
File written comments or objections with the Town of Holden Beach CAMA Minor Permit Program, you may submit
them to:
Rhonda Wooten
Local Permit Officer for Town of Holden Beach
110 Rothschild Street
Holden Beach, NC 28462
S9cetgty
Propeerty Owner
Z93�r41Q&-)j 3/1aUA--
Mailing Address
City, State, Zip Code
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10/03/2019
RECEIVED
NOV 18
JCM WILMINGTON, NC

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ATLANTIC OCR MC 2.5-PAGE 130
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