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HomeMy WebLinkAboutNH_05-033 BBC Investors LLCNew Hanover County SQ s RECEIVED 05-033 Local Government d DCM WILMINGTON, NC Permit Number ✓G�Fc,�� ��, JUL 1 1 2005 CAMA l 'cif' • >; o�lAy� �,o9NI R 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-318 of the General Statues, "Coastal Area Management" Issued to BBC Investors LLC, authorizing the construction of a recreational beach access area with a parking area, retaining/sifting wall, benches, and observation deck in the Ocean Hazard shoreline AEC at 148 Beach Road South, Figure Eight Island, Wilmington, as requested in the permittee's application, dated May 24, 2005. This permit, issued on June 17, 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. ❑ Dune disturbances 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 and re -vegetated. ❑ Accessways shall be exclusively for pedestrian use, shall be no more than six feet in width, and shall be elevated on pilings of no more than five feet in depth so that only the pilings touch the sand. ❑ The construction of a 480 sq. ft. drip through observation deck within the 60' CAMA setback is authorized. ❑ All disturbed dunes will be regraded to approximate original grade. ❑ All proposed development and associated construction must be done in accordance with the permitted workplat drawings as submitted on June 14, 2005. d All construction must conform to the NC Building Code requirements and all other local, State and Federal requirements. ❑ The structure shall comply with the North Carolina Building Code, including the Coastal and Flood Plain Construction Standards, Chapter 37, Volume 1 or Chapter 41, Volume 7, and the Local Flood Damage Prevention Ordinance as required by the National Flood Insurance Program. If any provisions of the building code or a flood damage prevention ordinance is inconsistent with any of the following AEC standards, the more restrictive provision shall control. ❑ Any change or changes in the plans for development, construction or land use activities will require a reevaluation and modification of this permit. ❑ The permittee is required to contact the Local Permit Officer shortly before construction is to begin to arrange a setback measurement, which will be effective for 60 days barring a major shoreline change. Construction must begin within 60 days of the determination or the measurement is void and must be redone. ❑ Any structure shall be located or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled within 2 years of the time when it becomes imminently threatened, and in any case, upon its collapse or subsidence. However, if natural shoreline recovery or beach nourishment takes place within 2 years of the time the structure becomes 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 under 7H.0308[a][2]. 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 unfit 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. (signature) Linda E. Painter, CAMA Local Permit Official for New Hanover County New Hanover County Inspections Department 230 Market Place Drive, Suite 110 Wilmington, NC 28403 Phone: (910) 798.7118 FAX: (910) 798-7060 _ Pear (signature required KmAditions abbve apply to permit) 05-033 New Hanover County Local Government T MINOR DEVELOPMENT PERMIT ktiLNumber DCM W /LCCM r ND C .lf1Ar .. _ 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 BBC Investors LLC, authorizing the construction of a recreational beach access area with a parking area, retaining/sitting wall, benches, and observation deck in the Ocean Hazard shoreline AEC at 148 Beach Road South, Figure Eight Island, Wilmington, as requested in the permittee's application, dated May 24, 2005. This permit, issued on June 17, 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. ❑ Dune disturbances 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 and re -vegetated. ❑ Accessways shall be exclusively for pedestrian use, shall be no more than six feet in width, and shall be elevated on pilings of no more than five feet in depth so that only the pilings touch the sand. ❑ The construction of a 480 sq. ft. drip through observation deck within the 60' CAMA setback is authorized. ❑ All disturbed dunes will be regraded to approximate original grade. ❑ All proposed development and associated construction must be done in accordance with the permitted workplat drawings as submitted on June 14, 2005. ❑ All construction must conform to the NC Building Code requirements and all other local, State and Federal requirements. ❑ The structure shall comply with the North Carolina Building Code, including the Coastal and Flood Plain Construction Standards, Chapter 37, Volume 1 or Chapter 41, Volume 7, and the Local Flood Damage Prevention Ordinance as required by the National Flood Insurance Program. If any provisions of the building code or a flood damage prevention ordinance is inconsistent with any of the following AEC standards, the more restrictive provision shall control. ❑ Any change or changes in the plans for development, construction or land use activities will require a reevaluation and modification of this permit. ❑ The permittee is required to contact the Local Permit Officer shortly before construction is to begin to arrange a setback measurement, which will be effective for 60 days barring a major shoreline change. Construction must begin within 60 days of the determination or the measurement is void and must be redone. ❑ Any structure shall be located or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled within 2, years of the time when it becomes imminently threatened, and in any case, upon its collapse or subsidence. However, if natural shoreline recovery or beach nourishment takes place within 2 years of the time the structure becomes 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 under 7H.0308[a][2]. This permit action may be appealed by the penniltee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this permit most 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. Linda E. Painter, CAMA Local Permit Official for New Hanover County New Hanover County Inspections Department 230 Market Place Drive, Suite 110 Wilmington, NC 28403 Phone: (910) 798-7118 FAX: (910) 798-7060 Permittee (signature required if conditions above apply to permit) NEW HANOVER COUNTY INSPECTION SERVICES 230 Market Place Drive, Suite 110 WILMINTEE o NORTH C 9g OLINA 28403 118 FAX: (910) 798-7060 Ann S. Hines Chief Zoning Enforcement Official BBC Investors, LLC c/o Nick Garrett Developers, Inc 6131 Oleander Drive Wilmington, NC 28403 June 17, 2005 RE: CAMA Minor Permit No. 05-0 33 Eight Island, Wilmington, NC 148 Beach Road South, Figure gh RECEIVED DCM WILMINGTON, NC JUN 2 3 2005 Dear Sir or Madam: Enclosed are duplicate originals of the CAMA permit, which you have requested. Please sign and within fifteen (15) days after receipt of this letter. If the signed copy is return one copy to our office 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 am. and 4:00 p.m. Sin erel- E P"� Linda E. Painter CAMA Minor Permit Official LEP/hm Enclosures cc: Gale Stenburg, NC Division of Coastal Management Ann S. Hines, Chief Zoning Enforcement Official 8 5--a 3 3 AFFIDAVIT OF PUBLICATION STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER r . 'Nia NOTICE OF F (tING°'OF :. APPLICATION FOR CAMA MINOR `"DEVELOPMENT PERMIT Pursuant to NCGS 113A- 119(e) New Hanover Before the undersigned, a Notary Public of Said County and T. Weil-Tallmadge RECEIVED JUN a 6 Nos County, a locality author- Who, being duly sworn or affirmed, according to the law, says that he/she is ized to issue CAMA per- mitsfin Areas of Environ- mental concern, hereby CLASSIFIED ADVERTISING MANAGER ?Ives NOTICE that on May 24, 2005, Steven and Cynthia El- lington, have applied for a. Minor CAMA .Permit to construct a single family residence' at Clan ig=. ger Point, In Wllmiiigton, NC.(05-032) BBC. Investors, LLC, has applied for a Minor CAMA Permit to construct a parking area, deck with .beach access, and land- scaping at 148 Beach Road South, Figure Eight Island in Wilmington, NC. (05-033) Or. Steve and Leslie,' Royal, have ,picked. fora Minor CAMA Permit for a residential addition at 82 Jeff and Shannon Rogers, have applied for a Minor CAMA Permit to construct a new single family resi- dence at 7641 Masonboro Sound Road, in Wilming- ton, NC..(05-035) The applications may be by ac- ,cations may on further matter will be provided upon written request. Debra D. Wilson Zoning Enforcement Official for New Hanover County Address: 230 Market Place Drive, Suite 110 Wilmington, N.C. 28403 Telephone: (910)798-7118.. 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 th nn try 24, 2005, Steven and Cyn C/Lj e � 40 was inserted in the aforesaid newspaper in space, and on dates as follows: �1�Os 4/C 5127Ix 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.C. Title: CLASS' I D A worn or affirmed to, ands scribed before me this day day of A.D. In Testimony Whereof, I have hereunto set my �h and affixedtnl4�i'rr�iai'r�$.4�day and year aforesaid. / l 'n .0,; 6 �t� i� .= My commission expires A/ day of ��, 20W Upon reading the aforegoing affidavit with the advertisement thereto annexed it is adjudged by the L" 61troil 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: YV G� U Permit Nu> l'7.��-G�,>' �•^� 1 ocafily Uc.oan hazard ' Estuarine Shoiehne " Oiff Shoreline PurLeTrustShoreh{iy/ (For official use 017ly) /04Y I? F 201-0 , A10, 05 GENERAL INFORMATION LAND OWNER II� Name TMVtiSTorS LLC Address 114 (000 W eS6\ ?k 00 Sq cityi'Ot�r State � Zip a1513 ' ap one (015a) 255 26aS AUTHORIZED AGENT Name 1` ILk GarreN Address 6n131 01en.�Adex1( City,(Ai,�yyttha�py� State 1`i•C• Zip Q64103 Phone (g(0) 395 -DOg0 LOCATION OF PROJECT: (Address, street name and/or directions to site- If not oceanfront, what is the name of the adjacent waterbody.) DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.)VICknA" iot for v.sable bead, oce,esS walk varki area and deLk Ar#A w:%In SJM&_S+0 SIZE OF LOT/PARCEL: 9 5 113 square feet acres PROPOSED USE: Residential — (Sinoe-family Multi -family — ) . Commercial/Industrial Other j—Reeree,�in oQ( Seoxk kcce65 W� 1.ar1cn9 and deck cress TOTAL ENCLOSED FLOOR AREA OF A BUILDING IN THE OCEAN HAZARD AREA OF ENVIRON- MENTAL CONCERN (AEC): I" 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)' I . RGot square feet (Calculations includes the area of the roof/drip line of all buildings, driveways, covered decks, concrete 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: (I)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 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 ds-o 1�5 OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the MW permit. As a service we have compiled a listing of the kinds of permits that might be required. We suggest you cF your LPO to determine if any of these apply to your project. Zoning, Drinking Water Well, Septic Tank (or othel. ment system), Building, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway Connection, and others. STATEMENT OF OWNERSHIP: 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) ✓anno1wnQer or record title Title is vested in $ Tvsye5105 see Deed Book y3� page 655 in the blew 4� myar Co. 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 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) l (Address) (1) K1c6.el +Cl 6,4 Nalev "Po'F50y 1�1981; Gcee�sboro NC g,2y15- �1956 (2) &:: -`�e� ' ^N�se Coag ' s Am "Pre sco+4 'Place Rate aln rlC -IWA S (3) (4) 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 I 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 details 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 14A day ofM04_ 20 Q6__ Landowner or person authorized to act k�his agent for purpose of filing a CAMA pertttit application. If mailing letter, please send as: p5--()4�5 CERTIFIED MAIL RETURN RECEIPT REQUESTED 0 Date: Dear A Q e. nJ l This letter is to notify you, a plans to construct o,t 6ce on their.property, located at in He-w 90.hov2r CoK (The sketch on the reverse an adjacent riparian landowner, that accurately construction) Should you have NO objections to this proposal: 1. Please place a check mark (✓) at the appropriate statement below. 2. Sign and date this letter and return to: as soon as possible. G I BI, ojegKder'Dr. W%%ftk;tgi-o�, NL' 'Q8,403 Should you HAVE objections to this proposal, please send your written comments to: 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, cToV9N Wh%4%n5 I have NO objections to the project as presently proposed. I HAVE objections to the project as presently proposed and have enclosed comments. Signature Date If mailing letter, please send as: ©,� 43-�; CERTIFIED MAIL RETURN RECEIPT REQUESTED Dear Date: a oC��� y I3.i ro 4/ tiC This letter is to notify you, as an adjacent riparian landowner, that MF44AFS. -61>C ZNye 66r s W -C plans to construct ^ �mh� 6e.ac-6 access area on their property, located at H in t4 w NQNOVEf C ONN (The sketch on the reverse side accurately depicts the proposed construction) Should you have NO objections to this proposal: 1. Please place a check mark (✓) at the appropriate statement below. 2. Sign and date this letter and return to: Nic k Ciarro "Deg TNc. as soon as possible. G l 31 Oleo,Kder. -Dr W11V'..ngi0-, NC a8403 Should you HAVE objections to this proposal, please send your written comments to: 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, To�1h WW: t;5 I have NO objections to the project as presently proposed. I HAVE objections to the project as presently proposed and have enclosed comments. Signature Date U.S. Postal erwce,, CERTIFIED MAIL.., RECEIPT (Domestic Mail Only; Nosees Insurance Coverage 7d) rmntion visit our websile nl www.usps.com. N U 1• t' I Lr I A L. v.:a 1.. 11- Postage $ .60 fu Codified Fee a _� `�eEacy� �yJ p C3 O Relum Receipt Fee (Endorsement Required) n I • I x P091M v 6 MI\1 Restrlcmd Delivery Fee ) (EndoreemaM Required1-1 ZJ un —1 uses ru Total Postage & Fees $ • `•' ent TO CJ Eh + LptnF o t?}Lest A. --r------_--°j_Pr-t-----.—_.---.--_-----sessi - ' O WWI Q ;a 5 1 ia GROM F •I � OFFICIAL USE ru f1J Ir Postage $ 60 ^ a.30 �M Certified Pee ryQt flReturnReceipt Pee M rseark (End oment Required) U Z., m ^� (s O Restmem MRequiFee ,j (EntlorsemeM Required) • = l U� 7 fU Total Postage & Fees �/n c 14�� / C ,$ _ q• t�J C3 of o o F� 3o`iiPoeet;aielaGxC�1-ypa . --- _o--:-tae(o1X' ��-�-il�q�o�cl.-�n---- -------------- - - eews co C �-----------.9City. wreziP'�_ •r1'415-86 PS For. it J M- q r � o ,JJ> -+ ?� _ Q Q o� m