HomeMy WebLinkAboutOIB_04-63_Whitney Blair IncOcean Isle Beach
Local Government
0113
04-63
LAMA Permit Number
Py�%V of e��N, MINOR DEVELOPMENT
PGA PERMIT
OPS,�p,�, as authorized by the State of North Carolina, Department of Environment,
t� and NO Resources and the Coastal Resources Commission for development
in an area of environment concern pursuant to Section 113A-118 of the
General Statues, "Coastal Area Management"
Issued to Whitney Blair Inc., authorizing development in Ocean Hazard AEC at 381 East First Street ILot
10. Block 42. Section A) as requested in the permittee's application, dated May 3, 2004. This permit, issued
on May 17. 2004, 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 authorzes the construction of a new single-family dwelling with a 12' x 36' covered deck on the street side,
as shown on the site plan.
CONDITIONS FOR OCEAN HAZARD AECS
(1) Commencement of Development in Ocean Hazard AEC. No development shall begin until the oceanfront setback
requirement can be established. When the possessor of a permit or a ruling of exception is ready to begin construction, he
shall arrange a meeting with the appropriate permitting authority at the site to determine the oceanfront setback. This setback
determination shall replace the one done at the time the permit was processed and approved and construction must begin with
in a period of 60-days from the date of that meeting. In the case of a major shoreline change within that period of new
setback determination will be required before construction begins. Upon completion of the measurement, the permitting
authority will issue a written statement to the permittee certifying the same.
(2) All proposed development and associated construction must be done in accordance with the permitted work plat drawings(s)
dated received May 3. 2004.
(3) 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.
(4) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and
modification of this permit.
(5) The structure must be located entirely off of the frontal dune, and if a primary dune is present, behind the crest of the primary
dune.
(6) Dune disturbance will be allowed only to the extent necessary for development and if the dune's protective value is not
weakened or reduced. Disturbed areas will be immediately stabilized.
(7) All disturb areas shall be vegetatively planted and mulched within 30-days of construction completion.
CONDITIONS CONTINUED ON NEXT PAGE
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 project site and accessible to the permit
officer when the project is inspected for compliance.
Any maintenance work or project modification not covered under
this permit, require further written permit approval.
All work must cease when this permit expires on December 31,
2007
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 Management,
Local Permit Official (signature)
Justin Whiteside
CAMA Local Permit Official
Date per9ttee signed
3
Name: Whitney Blair, Inc
Minor Permit #: 04-63
Date: May 17, 2004
Page Two
(8) Any structure 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 (2) years of the time when it becomes imminently threatened,
and if any case upon its collapse of subsidence. However, if natural shoreline recovery or beach nourishment takes place
with in 2 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 and Rule .0308(a)(2) of the Ocean Hazard AEC Areas.
,o, Bet—e the anal irst+ecra The designing stormwater engineer must cerif}• that the stor:rwaier «stem was installed and
inspected as per the designing engineers specifications.
(10) Pursuant to Li NCAC, Subchapter 7J.0407(b), this permit may not be assigned, transferred, or otherwise disposed of to a
third party.
J; ; .f •he dn,,-:w, is located o ; the sireetside of the residence, it must be gravel. NO IMPERVIOUS SURFACE MAY BE
PLACED IN THE 60' SETBACK FROM THE FIRST LINE OF STABLE NATURAL VEGETATION.
CO
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North Carolina
Michael F. Easley, Governor
Whitney Blair, Inc.
PO Box 6748
Shallotte, INC 28470
Re:
Dear Sir or Madam:
r
NCDENR
Department of Environment and Natural Resources
Division of Coastal Management
Charles S. Jones, Director William G. Ross, Jr., Secretary
June 7, 2004 TrIg
D C�
JUN p r l 200 I )
CDASTgL MANAGFME
CERTIFIED MAIL (7003 2260 0002 2077 5719)
RETURN RECEIPT REQUESTED
Suspension of Work I Appeal of CAMA Permit Decision
The Chairman of the Coastal Resources Commission, Eugene Tomlinson, has received a request
for an administrative hearing to challenge CAMA Minor Permit #04-63. The Third Party Hearing Request
was filed on behalf of petitioners Mr. and Mrs. James D. Moser on June 3, 2004. Under N.C.G.S.
§113A-121.1 (the Coastal Area Management Act), your CAMA permit is automatically suspended upon
receipt of a hearing request and will remain suspended until either: (1) Chairman Tomlinson denies the
hearing request (under standards set out in the statute); or (2) there is a final Coastal Resources
Commission decision on the permit appeal. You may not undertake any development under the permit
until further notice after Chairman Tomlinson issues his decision.
The Division of Coastal Management will prepare a recommendation for the Chairman on
whether to grant or deny the hearing request. The Chairman must make a decision within 15 days after
receipt of the hearing request. If you wish to submit any materials for the Chairman's consideration in
ruling on the request for contested case hearing, please send them to me as soon as possible.
Sincerely, C
Charles S. Jones
Director
cc: Chairman Gene Tomlinson
Ted Tyndall
Jim Gregson
Justin Whiteside
Merrie Jo Alcoke
Dwight Beagle
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper
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• Locality Dccnyi Permit Number 0`t-(r3_�
Ocean Hazard Estuarine Shoreline ORW Shoreline _Public Trust Shoreline Other
(For official use only)
GENERAL INFORMATION
LAND ovvNER MAY 3 2004
D
Address `t?0 760X e,7 � A' Sru i�nn.o a
City W1 4LCD4e State zip -C�49 __ Ph..ne
ALUTHORIZED AGENT
City sae' up/ "4�30L'-4 State �i )C • Zip & S' Phone 9 /P -S7R -/
LOCATION OF PROJECT: (Address, street name and/or directions to site. If not oceanfront, what is the name of
the adjacentwaterbody?) 1-07/ 10 zt-4r4k
. <1 cps,- �:,as- 5A.
DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) --
L1 NEW SIMALf; 9AMILY POEt,L036
SIZE OF LOT/PARCEL: .1�'04V square feet acres
PROPOSED USE: Residential (Single-family _ ulti-family _) Commerical/Industrial _
Other
TOTAL ENCLOSED FLOOR AREA OF A BUILDING IN THE OCEAN HAZARD AREA OF ENVI-
RONMENTAL CONCERN (AEC): 09 srUD 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): AYAk sq. ft.
(Calculations include the area of the roof/drip line of all buildings, driveways, covered decks, concret or "masonry patios,
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 for the Estuarine Shoreline AEC
(2) within 575 feet of Normal High Water for the Estuarine Shoreline AEC, adjacent to Outstanding
Resource Waters
(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 Manage c Permit issued by the N.C. Division of Water Quality?
YES_ NO
If yes, list the total built -upon area/impervious surface allowed for your lot or parcel. square feet.
JT'HER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA minor
levdlopment permit. As a service we have compiled a list of die kinds of permits that might be required. We suggest you check over the list
vith your LPO to determine if any of these apply to your project: Zoning, Drinking Water Well, Septic Tank (or other sanitary waste
reatment system), Burning, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA Certification,
;and Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway, Connection, and others.
iTATEMENT 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
fisted as landowner on this application has a significant interest in the real property d�c�e�r
(r :escribed as: (check one' ) I l n l lP � 0j M[ n
_an owner or record title. Title is vested in Deed Book
age in the County Registry of Deeds. I MAY 3 t04
_an owner by virtue of inheritance. Applicant is an heir to the estate of
robate was in County. PLANNING & INSPECTIONS
if other interest, such as written contract or lease, explain below or use a separate sheet and attach to this application.
�o , ; t ,Aug Co»,��R2 CA se
JOTIFICATION OF ADJACENT PROPERTY OWNERS:
furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I have given
CTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit.
1)
2)
3)
'OR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS:
acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to
osion and/or flooding. I acknowledge that the local permit officer has explained to me the particular hazard problems associ
ed with this lot. This explanation was accompanied by recommendations concerning stabilization and floodprbofing tech-
ques.
ERMISSION TO ENTER ON LAND:
furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer and his agents to
rter on the aforementioned lands in connection with evaluating information related to this permit application.
his application includes: general information (this form), a site drawing as described on the back of this application, the
vnership statement, the AEC hazard notice where necessary, a check for $100.00 made payable to the locality, and any infor-
ation as may be provided orally by the applicant. The details of the application as described by these sources are incorporated
ithout reference in any permit which may be issued. Deviation from these details will constitute a violation of any permit. Any
arson developing in an AEC without permit is subject to civil, criminal and administrative action.
This the 3 day of Moe , 20 T
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AEC HAZARD NOTICE
Project is in An: 7K— Ocean Erodible Area —Y, High Hazard Flood Area
as a e .
This notice is intended to make you, the applicant, aware
of the special risks and conditions associated with
development in this area, wl- ch is subject to natural
hazards such as storms, erosion and currents. The miles of
the Coastal Resources Commission require that you
receive an AEC Hazard Notice and aclaiowled,e that
notice in writing before a permit for development Can be
iqQ"Pd.
cliity r utu,t-. arnao_ a med_ eiopment.
The best available information, as accepted by the Coastal
Resources Commission, indicates that the annual ocean
rate for the area where your property is located is
ero ion
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 MD feet landward in a major storm.
The flood waters in a major s torm are predic ted to be about
)[L_ 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 devices, including sand bags, may
be allowed under certain conditions.
This structure shall be relocated or dismantled within two
years of becoming imminently threatened.
The applicant must acknowledge this information and
requirements by signing this notice in the below space.
Without the proper signature, the application/ will not be
complete. rA , n Pg�\
Applicant's
Date
Inlet Hazard Area
SPECIAL NOTE: This hazard notice is required for
development in areas subject to sudden and massive
storms and erosion. Permits issued for development in this
area expire on December 31 of the tltird year following the
year in which the permit was issued. Shortly before work
begins on the project site, the Local Permit Officer will
determine the vegetation line and setbackdistance at vnur
site. ifthenrnpertyhacseenlittle_hangeand ther-,,-
_a
development can still meet the setback requirement, the
LPO I.A 111 in, orm vou'that you may begin work. i t i s im pnr-
=en
Itw
setback line established. It is unlawful to continue work
after permit expiration without this approval.
For more information, contact:
Local Permit Officer
71�14 5-
Address
.,Pan Ts le mil,
Locality
916. S-79. 3y�9
Phone
Revised 11193
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May 17, 2004
James D. Moser, Jr.
1772 Bellemont Aiamance Rd.
Burlington, Nortn Carolina 27215
Mr. Justin Whiteside
Local Permit Officer
Ocean Isle Beach Town Hall
3 West Third Street
Ocean Isle Beach, North Carolina 28469
Dear Mr Whiteside:
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MAC 1 g 2pay
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GO A51 p tr
It has come to our attention that a CAMA permit has been applied for lot 10,
Block 42, Section A, with a physical address of 381 E First St, in Ocean Isle Beach,
North Carolina. Due to the foci that we do not believe this lot meets the required
regulations set forth by the Coastal Resource Commission we formally request
opposition to the issuance of this permit.
Please send us the forms to request a hearing on this matter.
Thank you for your immediate response to this issue.
ereby
ames D. & Brenda W. Moser
Cc: Mr. Jim Gregson
Mr. Frank H. Sheffield, Jr.
Dr. & Mrs .lames D. Ray
Mr & Mrs Kevin A Trapani
Mr & Mrs John G. Connor
Mr & Mrs John Chitla
2611)w THE BRUNSWICK*4c6 . ;
C
CAMA PERMIT NOTICE
Pursuant to NCGS 113.119(b), the muni.
Pm
cipality of Ocean Isle Beach, a locality
mizznit
authorized to issue CAMA permits in the
localii
areas of environmental concern. hereby
[nits ±
gives NOTICE that on May 3, 2004, appli.
tern,
cant Whitney Blaiz: Inc, applied for a CA-
2oo4. ;
MA minor. development permit to con.
plied 1.
strum a new single family dwelling at 381
mit to
East First Street, Lot 10, Block 42, Section
Ocean
A.
The
The application -maybe inspected at the
below
below address. Public comments received
by Ma
by May 14. 2004; will be considered. Later
comet'
comments will be'accepted and consid-
edup
eyed up to the time of permit decision,
Prejec
Project modifications may occur based on
further
further review and comments. Notice of
the pe
the permitdecision in this matter will be
pmvh
provided upon written request
--..: Justin Whiteside
-
Local CAMA Permit Officer
_
3 West 3rd Street
(lrnan Tcln 4nnnF M!` noses
May 17, 2004
James D. Moser, Jr.
1772 Bellemont Alamance Rd.
Burlington, North Carolina 27215
Mr. Justin Whiteside
Local Permit Officer
Ocean Isle Beach Town
3 West Third Street
Ocean Isle Beach, North
Dear Mr Whiteside:
Hall
Carolina 28469
cslq
MAy �9�4
Div \S\CN o
'0 NS10, M
It has come to our attention that a CAMA permit has been applied for lot 10,
Block 42, Section A, with a physical address of 381 E First St. in Ocean Isle Beach,
North Carolina. Due to the fact that we do not believe this lot meets the required
regulations set forth by the Coastal Resource Commission we formally request
opposition to the issuance of this permit.
Please send us the forms to request a hearing on this matter.
Thank you for your immediate response to this issue.
erely yP
a4ltb0 ue'1
ames D. &Brenda W, Moser
Cc: Mr. Jim Gregson
Mr. Frank H. Sheffield, Jr.
Dr, & Mrs James D. Ray
Mr & Mrs Kevin A Trapani
Mr & Mrs John G. Connor
Mr & Mrs John Chitla
26D THE BRUNSWICK BEACON. .
- _
C
CAMA PERMIT NOTICE
Pursuant to NCGS 113-119(b), the muni-
Pm
cipality of Ocean Isle Beach, a locality
munit
authorized to issue CAMA permits in the
localif
areas ofenvironmental concern, hereby
mits f
gives NOTICE that on May 3, 2004, appli-
tern,"
cant Whitney Blair, Inc.,. applied for a CA-
2004, a
MA minor development permit to con-
plied I.
struct a new single family dwelling at 381
mit to
East First Street, Lot 10, Block 42, Section
Ocean
A. I
The
The application.may, be inspected at the
below
below address. Public comments received
by Ma
by May 14, 2004, will be considered. Later
comm-
comments will be accepted and consid-
ed• up
ered up to the time of permit decision.
Projec
Project modifications may occur based on
fu thee
further review and comments. Notice of
the pe
the permit decision in this matter will be
provit
provided upon written request.
Justin Whiteside
-
Local CAMA Permit Officer
3 West 3rd Street
Ocean Isle Beach, NC 28469
(910)579-3469
Mav G
11
CAMA PERMIT NOTICE
Pursuant to NCGS 113419(b), the mum-
cipality of Ocean Isle Beach, a locality
authorized to issue CAMA permits in the
areas of environmental concern, hereby
gives NOTICE that on May 3, 2004, appli-
cant Whitney Blair, Inc., applied for a CA -
MA minor development permit to con.
struct a new single family dwelling at 391
East First Street, Lot 10, Block 42, Section
A.
The application may be inspected at the
below address. Public comments received
by May 14, 2004, will be considered. Later
comments will be accepted and consid-
ered up to the time of permit decision.
Project modifications may occur based on
further review and comments. Notice of
the permit decision in thismatter will be
Provided upon written request.
Justin Whiteside
Local CAMA Permit Officer
3 West 3rd Street
Ocean Isle Beach, NC 29469
(910)579-3469
May 6
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
AFFIDAVIT OF PUBLICATION
Before the undersigned, a Notary Public of said County and State,
duly commissioned, qualified, and authorized by law to administer
oaths, personally appeared
Scott R. Harrell
who, being first duly sworn, deposes and says: that he is
Publisher
(Owner, partner, publisher, or other officer or employee
authorized to make this affidavit)
of The Brunswick Beacon, a newspaper published, issued, and entered
as periodical mail in the Town of Shallotte in the said County and
State; that he is authorized to make this affidavit and sworn statement;
that the notice or other legal advertisement, a true copy of which is at-
tached hereto, was published in The Brunswick Beacon on the follow-
ing date(s):
May 69 2004
and that the said newspaper in which such notice, paper document or
legal advertisement was published, was at the time of each and every
such publication, a newspaper meeting all the requirements and quali-
fications of Section 1-597 of the General Statutes of North Carolina
and was a qualified newspaper within the meaning of Section 1-597 of
the General Statutes of North Carolina.
This the 6th day of May, 2004.
E,,,IV1�
JUN 0' 2004
...............................................
DIVISION U F (Signature of person making affidavit)
COASTAL MANAGE&JIIN&to and subscribed before me this 6th day of May,
2004.
b9eyu...... ""fill
'l� ' A Tn.l.1d.�/. / ........
NOTAgy% (Notary Public)
�+ i My commission expires: December 29, 2004.
[DIVISION OF
COASTAL MANAGEMENT
May 28, 2004
Dear: Mr. Trapani
This letter is in response to your correspondence received by the Town of Ocean Isle Beach on
May 28, 2004, regarding your concerns about the proposal by Whitney Blair, Inc. to construct a
new single-family dwelling, adjacent to, the Atlantic Ocean at 381 East First St. in Ocean Isle
Beach, in Brunswick County. The project consists of constructing a 2500 sq. ft. single-family
residence on a 5000 sq. ft. lot. The proposed project has been determined to comply with the
Rules of the Coastal Resources Commission (711.0300), and as such, a permit has been issued to
authorize the development. I have enclosed a copy of the permit, as well as, the relevant statutes.
If you wish to contest our decision to issue this permit, you may file a request for a Third Parry
Hearing. The request for a hearing will be considered by the Chairman of the Coastal Resources
Commission. The hearing request must be filed with the Director, Division of Coastal
Management, in writing and must be received within twenty (20) days after the disputed permit
decision is made. I have enclosed the applicable forms and instructions that must be filed prior
to that deadline. Please contact me at 910-579-3469, if you have any questions, or if I can
provide any additional information.
U&�J
Justin Whiteside
CAMA LPO
cc Charles Jones
Jim Gregson
TOWN OF OCEAN ISLE BEACH/THREE WEST THIRD STREET/OCEAN ISLE BEACH, NC 28469/(910) 579-2