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HomeMy WebLinkAboutNH_05-008 Whiter New Hanover C * Permit Number Lotal Gov ernmen 7 C `-4.. MAR ' :a !' CAMA DIVIS < "I OF MINOR DEVELOPMENT COASTAL (v:rilFciaEMENT 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 statues, "Coastal Area Management' Issued to Mr. Stephen White, authorizing construction of an in ground swimming pool with cement and wooden decking and the expansion of the fourth floor for a master bedroom and media room in the Estuarine shoreline AEC at 227 Gazebo Court, as requested in the permittee's application, dated February 22, 2005. This permit, issued on March 14, 2005, 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. ❑ A copy of this permit shall be onsite for regulatory inspection. ❑ Only an additional 130 square feet of drip through elevated wooden decking allowed in the 30 foot buffer area. ❑ An undisturbed buffer zone of at least thirty feet from the mean high water (normal water line) must be maintained at all times. ❑ No sediment or building materials can be allowed to enter the marsh grasses or waters. Silt fence is or other protective barrier(s) must be placed and maintained between the disturbed area and any 404 wetlands or coastal wetlands, to keep sediment from entering those areas. ❑ All proposed development and associated construction must be done in accordance with the permitted workplat drawings as submitted. ❑ All construction must conform to the NC Building Code requirements and all other local, State and Federal requirements. ❑ A building permit is required. ❑ Any changes or changes in the plans for development, construction or land use activities will require a reevaluation and modification of this permit. ❑ The amount of impervious surface areas shall be limited to no more than 30% of the 75' Area of Environmental Concern; in this case 500 sq. ft. total impervious. ❑ No filling or development within the Federally regulated 404 wetlands is authorized. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the dale 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, 2008. 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 Perna Official Linda E. Painter, CAMA Local Permit Officer for New Hanover County New Hanover County Inspections Department 230 Market Place Drive, Suite 110 Wilmington, NC 28403 Phone: (910) 798-7118 FAX: (910) 798-7080 Permittes (signature required 9 conditions above apply to permit) NEW HANOVER COUNTY INSPECTION SERVICES 230 Market Place Drive, Suite 110 WILMINGTON, NORTH CAROLINA 28403 TELEPHONE (910) 798-7118 FAX: (910) 798-7000 Ann S. Hines Chief Zoning Enforcement. Official Mr, Stephen White 227 Gazebo Court Wilmington, NC 28409 RE: CAMA Minor Permit No. 05-008 2227 Gazebo Court Wilmington, NC Dear Mr. White: March 14, 2005 Enclosed are duplicate originals of the CAMA permit, which you have requested. Please sign and return one copy to our office within fifteen (15) days after receipt of this letter. If the signed copy is not returned to us, then the permit will become void after fifteen (15) days. If I can be of further assistance in this matter or if any changes are planned, please feel free to contact me at this office on 910-798-7118 between the hours of 7:30 a.m. and 4:00 p.m. qS I cerely ;d� E (d-vj-� Linda E. Painter CAMA Minor Permit Official LEP/hm Enclosures MAR 2320 DIVISION ut- COASTAL MANAGEMENT cc: Gale Stenburg, NC Division of Coastal Management Ann S. Hines, Chief Zoning Enforcement Official -� FSB-09-2005 WED 03:31 PM NHC INSPECTIONS FAX NO, 9107987060 P. 03/07 .. L yai�ty NEW HANOVER COUNTY Permit Number Tst Shoreline ^Other__ line Ocean Hazard �Esnianne Shoreline �ORf official use o y jr ii p� OE-NEPLA L IN FOxAJaTION FEB 2 8 2005 Cp DIVISION L OWNER ASTAL Me��. � \� F Name v Q..j_. - - - ••��� r Address C.L Z e-b C, C G Zip oZ� 9 Phone city f ' % r —state tom_ (, a (o / 0 9 ce!/ .&UTHORIZ.ED AGENT Name Address City _ LOCATION OF PROJECT: adjacentwaterbody.) _ � a n-.. f State Zip �---- Phone to site. If trot oceanfront, what is the name of the z (List 213 proposed rfonstrn tion and land - bled Y-"M SIZE OF LOT/PARCEL: 7 I 4 square feet _ acres ut y ✓Multi -family �) CommericaUlndustria] Oder ARYAA PROPOSED USE- Residential '� (S� gle-fa TOTAL ENCLOSED FLOOR AREA OF A BUILDING G IN TIM OCEAN square f eAN(ia AZA aDl floorsand roof covered decks) Em'7gONMENTAL CONCERN (AEC): �.g— -- S3cz,E OF BLUMING FOOTPRINT AND OTHER MERVI01GS OR B1QIz T-UPS a Sr � qURITACES IN -TEE COASTAL SHORELINE AREA OF ENVIRONMENT" CONCE] N (AEC): , atios, (calculations includes the area of the roofldrip line of all building, driveways, covered decks, concrete or masonry p etc. that are within the applicable AEC.)(Attach your calculations with the projcat drawing.) Choose the AEC area that applies to your property: < }a r. sin 75 feet of Normal high Plater for the EstuarinShoreline ABC, adjacent to Outstane AEC ding Resource Waters (2)µ'ithin 575 feet of Normal High Water for the Estuarine (3)within 30 feet of the Public Trust Shoreline AEC (Contact your Local Permii Officer if you are not sure which AEC applies to your property) STATE _TER A ANAGE?d lVT PLRhBT' 15 a project located in an area subject to a State Stormwater t ? 'YES_ NO,—_ Management Permit issued by the NC Divisioa of Water Quality If yes, list the total built upon areaf=pervious surface allowed for your lot or parcel. «L a s E S v— s4ua7O {ett. FEB-09-2005'WED 03:32 PM NBC INSPECTIONS FAX NO. 9107987060 P. 04/07 OTHER 11E1Z,%1ITS MAN" BE REQGIRED: Tne actitiry._You are planning rmy require periniu othe n the c ih liminor ii � r your LPO o permit. At a sm ice n'c have compiled a listint of the kinds or pertniu that migbi be required. We. sugdat yo &termini a any orthese a sled to your proicet. Zoning. Drinking \Vats Well, Septic Tank (or other eumonl system), Burning, Ekerrieal, Plumbing. HatinS and Air Conditioning, Insulation and Energy Coniern=lion. FIA C io invent Control, Sr mhlsion Appw�al, Mobile tiomc Park Appro?'al, Highway, Connection, and others. FFB STATEMENT OF OWN O ' c�q / 18 1, the undersigned an applicant for a CAMA minor development permit, being e 46.94vwne rop n AEthattiC or a person authorized to act as an agent for Purposes of applying for a CAMA mirror d �� This interest person listed as landowner on this application has a significant interest in the real to F can be dcsortbed as: (check one J an owner or record title, Title is vested in ''� 2 see Deed Boo 02 l 3 Sl page 0 r „ in the County Re ' 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 rue a separate sheet and attach to this application. NOTIFICATION OF ADJACENT PROPERTY. OWNERS: I fiuthermore 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;pnmit. (Name) 2 (Address) (zj _fin. b n C+ (3) FOR DEVEI OPERS IN OCEAN E(sZaun AND ESTUARINE HAZARD AREAS: I acknowledge that the land owner is aware that theproposed development is planned for an area which may be susceptible w 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 �. . : PERMISSION TO ENTER ON LAND: T furthermore certify that I i m authorized to grant and do m fact grant permission to the local permit officer and his agents to entet on the aforementioned lands in connection with evaluating nlformation related to this permit application. This application includes: general information (this form), a site drawing as described on the back of this applieation,.fge ownership statement, the ABC hazard notice where necessary, a check for $100.00 made payable to the locality, sAd'any tr information as may be'pro\dded orally by the applicant. The details of th'eapplication as described by these sources era' incorporated without refeenoe in any pcmtit which may be issued. Deviation from these detail's will constitute a violation of any permit Any person developing in an AEC without permit is subject to civil, criminal and administrative action. This the day of ��iL"I T , 20 OS it I ON sr' Aoos/ A L--- I I I I I I I I I T r-- II II II I II � II / WJ 08/30%00 12:01 FAX 91U7825S'1UARL M1;NJUN UUl 949 C D5 00 ,TO TURNING BASIN ACCESS EMEN COMMON AREA A (WATER).9-`iO-v DOCKING EASEMENT 41MITED COMMON AREA (WATER) _ _ _ _ _ _ - S Sf,'13_14- E 36.8T — E.Lv. — E LP. Z G, W — v CDMMONAAREA PcNf 20' D.E. & M.E. _ Ct Tn E.LP. 46, Ia GAZEBO COURT - - 5 B6'OF'?i E 7A.t6 0.8(D�� ASPHALT DIRvE - (PRIVATE) 5 ;y. '�' Jd ACCESS. LMUTES k DRAINAW EASEMENT C / N 8"6'24" W 16LUS' - E.I.P. TTIN SPEM, CSURVEY FOR NEW HANOVER COUNT 'OO+J �aD$Ti[ G .EA CHARLES W. CRIBB 1. STUART Y. BENSON• REGISTERED LAND SURVEYOR, & _ FIRTIFY THAT THIS MAP WAS DRAWN FROM AN ELD SURVEY PERFORMED UNDER MY D RECTtONAANDAL D I A N E S. CRIB B SUPERVISION, THA ,r RATIO OF PRECISION 15 BETTER & THAN 1:10,0 "'�� exHIS MAP CONFORMS TO 0. 5. 47-30 AS .., .RA�,e GREENPOINT MORTGAGE CORP. LOT 34 INLET POINT HARBOR tNTNES !Y NAAJ �f. 2nd. DAY OF FEDERAL POINT TOWNSHIP A L = NEW HANOVER COUNTY. NORTH CAROLINA AUGUST 2. 1995 MAP BOOK 31 PACE 137 'S144VEYOR #2675 GRAPILC SCALD, STUA12 ,Y;�Et SON ASSOCIATES ONE NORTH"Wtf ST., wILMINGTON. NC LSCRiBB.De/GPtiS OZOP OCZy �yy 8 41 y(S,�w . �+ �y O .. Y �•Y s J .... ..�_... ....,.. ....�.. ........ ..ter_, i .d,).3 M L 11 V n I I I I I I i !is:y I o I far >d I fli-Y 1�i' L I1 I I I I I I I I I 9 I I o�O�Li I I I� L____J i I I I I I I I �.I (A GC ww..% E.I.P. DIVISION OF COASTAL MANAGEMENT a ?a` D.E, M.E CD A �pa, 10", YYYFFF I � � LP CO R � LA -s; I I NJ pea t-- �gPp . co 3 I Cl C a 6')'3 tJ 08/3D/00 ' 12:01 FAX 9107625949 S'I'UAH'1 BENSUN WJ001 a 5--00 Y -PTO TURNING BASIN ----- 9� ACCESS EASEME��G� COMMON AREA (WATER) lS/ ..� DOCKING EASEMENT Np LIMITED CDMMON AREA (WATER) — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — _ 1 10' P.E. & U.E. S 8L'13'14 E 136.87' Z y CDMMDN AREA CCNf 20' D.E. & M.E. -- — In 21 O •I �6. J GAZEBO COURT 5 86'06.14' E 71. 9' �NFj�O �'y / ASPNALLT DIRVE J (PR)VATE) 40' Aran OTIUTES k DRAINAGE tASEMEM IQ N 86'06'24" W 161 OS' E.I.P. IN SURVEY FOR ��''jj� TT� LS'PECa.0 NEW HANOVER COUNTY 00D hAZr'UoDP,?t+: CHARLES W. CRfBB I. STUART Y. BENSON, REGISTERED LAND SURVcYO`R•�+�+t1 & CERTIFY THAT THIS MAP WAS DRAWN FROM AN ACTUAL FIELD SURVEY PERFORMED UNDER MY DIRECTION AND D A N E S. C R f B B SUPERVISION, T, A7,," RATIO OF PRECISION IS BETTER & 473os n°'0 �1i5 NAP CONFORMS TO C. S.GREENPOINT MORTGAGE CORP. WITNES <Y ATA1i�Jt1 S 2nd. DAY OF LOT 34 INLET POINT HARBOR AU C ,. FEDERAL POINT TOWNSHIP -AL NEW HANOVER COUNTY, NORTH CAROLINA a/ c; AUCUST 2, 1995 MAP BOOK 31 PACE 137 z I flee` -[a �c1�2VEYOR 12675 GRAPHIC SCAM' _ STUAR !—I SIMSON & ASSO CIATFaS >: ONE NORT9'*Wtf ST_, WIL MGTON, NC T= a iu.. •e a LSCRIOB.OWGB1i� FEB-09-2005 WED 03;32 PH NHC INSPECTIONS FAX NO. 9107987060 P. 05/07 If mailing letter, please send as: CERTIMID MATT RETURN RECEIPT REQUESTED COASTAL Mq q�te: + MFNT Dear l� This letter is to notify you, as an adjacent Ip�arian landowner, that Mr./Mrs, plans to construct 0. on their property, focated at; b in K - . . (The sketch on the reverse s e accurately deplets the proposed construction) Mas-�r bjoevx-, should you bave no pbjectionstot this ro Please place a check (✓) at the appropriate statement as soon as possible- e this letter and return to. Should u e o c io o s osal ease nd our e omme fo: CAMA Local Permit Officer New Hanover County Inspections Department Zoning Division 230 Market Place Drive, Suite 110 Wilmington, North Carolina, 28403 Comments will be considered up until the time of Issuance of a permit. Sincerely, I have no objections'to the project as presently proposed. T I have objections to the project as presently proposed and have enclosed comments. Signature Date FEB=09-2005 WED 03:32 PM NHC INSPECTIONS FAX NO, 9107987060 P. 05/07 Ds o0� if mai4ng letter, pleaso send as: CERTEMD MAIL RETURN RECEIPT R tQUFSTED Dear �' Date: qe:I qn. _ n,. This letter Is tO Pdlfyy u, as.an dja entrlpanan landowner, that Mr./Mrs. plans to construct ' a on their property, located aL (The sketch on the reverses a accurately depicts the proposed construction) M�e-t k�%ra0� ou1a yo h ve no obie t fp Please place a check (✓) at the appropriate statement below, sign and data this letter and return t4 as soon as possible. CAMA local Permit Officer New Hanover County inspections Department Zoning Division 230 Market Place Drive, Suite 110 Wilmington, North Carolina, 28403 Comments will be considered up until the time of issuance of a permit. Sincerely, 1 4- I have no objections to the project as presently proposed. T I have objectfons to the project as presently proposed and have enclosed comments. Signature Date jry _a CERTIFIED MAIL,. RECEIPT L" ru i (OAestic Mail Only; No Insurance Coverage Provided) m ��r,rc 18 I A L U S E ra Postage E 6 C3 Cerifed Fes $2.30 0402 O O Return Receipt Fee (Endorsement Required) 12 Poatrnark Here �l , �5 0 ri Ln Restdcted Delivery Fee (Entloreement Required) 0 Q0 ru 'fbtel Postage 8 Fees L4,65 1 $ 02ff8129o5 S i 0Sent M1 o yhh 1oI /el __ ______________ e, Apc .: or PO Box No. r�o2 5 ��d L°!y State. Z%P+4_______•..............._._...........____._........_..._ W r /at . Al- C . 2$Yd 9 •rt r N M1 CERTIFIEDMAILT,, RECEIPT Ln (Domestic Mail Only; No Insurance Coverage Provided) fU m OTGi(FNF 1-C I A L U S co Postage a _ _ 0402 M Certified Fee C3 t2 Return Recelpt Fee +: - (Endorsement Required) Hem O Restricted Delivery Fee Ln _ � (Endorsement Required) ru $4.65 13V'8/200` Total Postage 8 Fees Seed TO Gt/l L�r✓l �.C.r h ^ l� orPOBo No. da ( Ze�vo Cam. W Kayo 0� 0 0 O�� O NOTICE OF FILING OF APPLICATION FOR %�� CAMA MINOR DEVELOPMENT PERMIT f1 Fe19 tY P c F Please run the following NOTICE(s) in a one -column advertisement uncle �4q ce" PLEASE PUBLISH on Friday, February 25, 2005 ��F I will need the usual affidavit of publication. Pursuant to NCGS 113A-119(B), New Hanover County, a locality authorized to issue CAMA permits in Areas of Environmental Concern, hereby gives NOTICE that on February 22, 2005, Mr. Stephen White has applied for a Minor CAMA Permit to construct a swimming pool with a cement walkway, wooden decking and to raise the roof line to accommodate the master bedroom, at 227 Inlet Point Harbor, in Wilmington, NC. (05-008) Mr. Robin Toone has applied for a Minor CAMA Permit to construct a swimming pool at 200 West Point Drive, in Wilmington, NC. (05-009) The applications may be inspected at the address below. Public comments received by March 7, 2005, will be considered. Later comments will be accepted and considered up to the time of the permit decision. Project modifications may occur based on finther review and comments. Notice of the permit decision in this matter will be provided upon written request. Linda E. Painter Zoning Enforcement Official For New Hanover County Address: 230 Market Place Drive, Suite 110 Wilmington, N.C. 28403 Telephone: (910) 798-7118 6s.00�( AFFIDAVIT OF PUBLICATION 0 A rC `�' STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER NOTICE OF FILING OF APPLICATION FOR CAMA MINOR DEVELOPMENT PERMIT Pursuant to NCGS 113A- 119(8),. New Hanover County,a locality author- ized to Issue CAMA per- mits in Areas of Environ- mental Concern, hereby gryes NOTICE that on February 22, 2005, Mr. Stephen White has to Mr. Robin Toone has ap- plied for a Minor CAMA Permit to construct a swimming pool at 200 West Point Drive, in Wil- mington, NC. (05-009) The applications mayy be inspected at the adtlress below. Public comments received by .March 7, 2005, will be considered. Later comments mil be up to the ❑mi permit decision. modifications m based on furth, and comments. upon written Linda E. Painter Zoning Enforcement Official For New Hanover County Address: 230 Market Place Drive, Suite 110 Wilmington, N.C. 28403 Telephone: (910) 798-7118. Before the undersigned, a Notary Public of Said County State, T. Weil-Tallmadge MAR 092005 DIVA Who, being duly sworn or affirmed, according to the law, 3a��t$ji�'�fi h/0N uF CLASSIFIED ADVERTISING MANAGER ANAGSMENT of THE STAR -NEWS, INC., a corporation organized and doing business under the Laws of the State of North Carolina, and publishing a newspaper known as STAR -NEWS in the City of Wilmington NOTICE OF FILING OF APPLICATION FOR CAMA MINOR DEVELOPMENT PERMIT Pursuant to NCGS 113A-119(B), New Hanover County, a locality authorized to issue CAMA permits in Areas of Environmental Concern, hereby gives NOTICE that on February 22, 2005, Mr. Stephe was inserted in the aforesaid newspaper in space, and on dates as follows: 21251x And at the time of such publication Star -News was a newspaper meeting all the requirements and qualifications prescribed by Sec. No. 1-597 G.S. of N,7 A n Title: CLASS�IE ADV orn or armed to, and bscribed before me this day day affirmed of roar A.D., 4UO05 ,`,p�n�suouagr�i In Testimony Whereof, I have hereunto set my hand and affixelaFfi #day and SQ 4 year aforesaid. /� ) i , v zlARY My commission expires, day of S� , 20bj�,Q �l-, pLlg� Upon reading the aforegoing affidavit with the advertisement thereto annexed it is adjudged by the Court that the said publication was duly and properly made and that the summons has been duly and legally served on the defendant(s). This day of Clerk of Superior Court MAIL TO: Chief Zoning Enforcement Official Mr. & Mrs. Lynn Bailey 225 Gazebo Court Wilmington, NC 28409 NEW HANOVER COUNTY INSPECTION SERVICES 230 Market Place Drive, Suite 110 WILMINGTON, NORTH CAROLINA 28403 TELEPHONE (910) 798-7118 FAX: (910) 798-7060 March 14, 2005 R-Rc VLT MAE 2005 RE: 227Gazebo Court, CAMA Minor Permit #OS-008 CODiVISIGiV OF. ASTAL MANAGEMENT Dear Mr. & Mrs. Bailey: The following will respond to your letter of objection to the above referenced permit application. In your letter, you objected to this project for various reasons, including the addition exceeding the height restriction of 35 feet, and the pool encroaching into the 30-foot buffer from normal high water. Section 23-4 of the New Hanover County Zoning Ordinance defines building height as follows: "The vertical distance measured from the average elevation of the proposed finished grade at the front of the structure to the mean level of the slope of the main roof." Mr. White's architect has provided this office with calculations showing that the proposed addition's mean height will be at 29 feet, which is consistent with New Hanover County regulations for building height. The county has no restrictions on the placement of an accessory structure, which includes pools, as long as they meet the required setbacks. In this case, the pool is less than 600 square feet and needs to be setback 5 feet from the property line. Mr. White's plans show the pool placement to be 30 foot landward of the normal high water level as required by CAMA regulations [15A NCAC 07H.0209(d)(10)]. Exceptions to CAMA buffer regulations [15A NCAC 07H.0209(d)(10)(F)] allows for Decks/Observation Decks limited to slatted, wooden, elevated and unroofed decks that shall not singularly or collectively exceed 200 square feet. Mr. White's plan include the construction of 130 square feet of new decking in the 30 foot buffer, which when added to the existing 70 square feet will not exceed the 200 square feet maximum allowed by the regulations. This new decking will not encroach into the 20-foot drainage/maintenance easement of the subdivision. CAMA officials are restricted to a specific list of criteria on which permits must be granted or denied. I have enclosed a copy of these criteria. I have concluded that the proposed development is consistent with all requirements of G.S. I 13A-1 20(a), enclosed and that the permit must therefore be issued over your objection [G.S.113A-120(b)]. Mr. & Mrs. Bailey -2- March 14, 2005 You may appeal the issuance of this permit by requesting a certificate of appropriateness for a contested case hearing. DCM Form 5, the prescribed form for such an appeal, is enclosed. A copy of CAMA Minor Permit #05-008 is also enclosed. Note that any appeal must be received by the Division of Coastal Management within twenty days of today's date. If there are further questions or concerns, please let me know. Sinc rely, in' Linda E. Painter CAMA Local Permit Officer D ECEIVE DO MAR 13 2003 COASTAL ,DIVISION OF MANAGEMENT cc: Gale Stenburg, NC Division of Coastal Management Ann S. Hines, Chief Zoning Enforcement Official NEW HANOVER COUNTY INSPECTION SERVICES 230 Market Place Drive, Suite 110 WILMINGTON, NORTH CAROLINA 28403 TELEPHONE (910) 798-7118 FAX: (910) 798-7060 Chief Zoning Enforcement Official March 14, 2005 Mr. Willard S. Buffkin, Jr. Ea c -BI V 229 Gazebo Court Wilmington, NC 28409 MAR 131G',S RE: 227 Gazebo Court, CAMA Minor Permit #05-008 COAS AL IMANOF AGEMENT Dear Mr. Buflkin: The following will respond to your letter of objection to the above referenced permit application. In your letter, you objected to this project for various reasons, including the addition exceeding the height restriction of 35 feet, and the pool encroaching into the 30-foot buffer from normal high water. Section 23-4 of the New Hanover County Zoning Ordinance defines building height as follows: "The vertical distance measured from the average elevation of the proposed finished grade at the front of the structure to the mean level of the slope of the main roof." Mr. White's architect has provided this office with calculations showing that the proposed addition's mean height will be at 29 feet, which is consistent with New Hanover County regulations for building height. The county has no restrictions on the placement of an accessory structure, which includes pools, as long as they meet the required setbacks. In this case, the pool is less than 600 square feet and needs to be setback 5 feet from the property line. Mr. White's plans show the pool placement to be 30 foot landward of the normal high water level as required by CAMA regulations [15A NCAC 07H.0209(d)(10)]. Exceptions to CAMA buffer regulations [15A NCAC 07H.0209(d)(10)(F)] allows for Decks/Observation Decks limited to slatted, wooden, elevated and unroofed decks that shall not singularly or collectively exceed 200 square feet. Mr. White's plan include the construction of 130 square feet of new decking in the 30 foot buffer, which when added to the existing 70 square feet will not exceed the 200 square feet maximum allowed by the regulations. This new decking will not encroach into the 20-foot drainage/maintenance easement of the subdivision. CAMA officials are restricted to a specific list of criteria on which permits must be granted or denied. I have enclosed a copy of these criteria. I have concluded that the proposed development is consistent with all requirements of G.S.113A-120(a), enclosed and that the permit must therefore be issued over your objection [G.S.I13A-120(b)]. Mr.13uffkin -2- March 14, 2005 You may appeal the issuance of this permit by requesting a certificate of appropriateness for a contested case hearing. DCM Form 5, the prescribed form for such an appeal, is enclosed. A copy of CAMA Minor Permit #05-008 is also enclosed. Please note that any appeal must be received by the Division of Coastal Management within twenty days of today's date. If there are further questions or concerns, please let me know. Sin Linda E. Painter CAMA Local Permit Officer cc: Gale Stenburg, NC Division of Coastal Management Ann S. Hines, Chief Zoning Enforcement Official PCEM MAR 2 3 2005 DIVISION Ot- COASTAL MANAGEMENT