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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 T O G 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 1 \ �./ � //'} j �--1 . �w� i r �( t '_ Otis • 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 4 y °z t" O 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 I M1 O M •. S i r± Ir Q' Postage $ _ S p Certified Fee ' O p Return Reclept Fee VPz31mark I Were (Endorsement Required) rn� 0 Reahcted Delivery Fee � Required) t•' (Endorsement .0 11� a bh Total ToPostage 8 Fees m O Sent 7t, O M;W,, Apr: W.,---""_______._____________________ or PC Bar No. CdgJfefe, ZIP+4-------------------------------------------------- _.........._.._.. Postal S CERTIFIED MAIL, RECEIPT rl p7(Domestic S rR Q' Postage $ J I S n p Certified Fee ^ ^ �' O RRRrrrrrr p p Return Reciept Fee C (Endorsement Required) Reship¢. Delivery Fee (Endorsement Required) i ( �•(p Total Postage 8 Fees $ , m o C3 Setur To t 1 N siree(Apr No.:_...._.__._ ............._.__...__..._._.� _ __ ._ _ _ ' or PO Box No. CIrY. §fete, ZlP+4-------------- _--------- ._.__...... .....--------------------- t i GO i 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: c 11 O MAC 1 g 2pay 01 o--N, 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