HomeMy WebLinkAboutTB_09-01_WyattTOPSAIL BEACH, NC T1309-01
Local Government Permit Number
CAMA
MINOR DEVELOPMENT i
�
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-I18 of the
General statutes, "Coastal Area Management"
Issued to Jay Wyatt, authorizing development in the Ocean Hazard (AEC) at 1041 Ocean Blvd, in Topsail Beach, NC
as requested in the permittee's application, dated June 26, 2009. This permit, issued on July 20, 2009, 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 authorizes:
Construct an uncovered 12 X 12 wooden deck.
(1) All proposed development and associated construction must be done in accordance with the permitted work plat
drawings(s) dated received on June 30, 2009.
(2) 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.
(3) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and
modification of this permit.
(4) A copy of this permit shall be posted or avaiiable on site. Contact this office at 910-328-5841 for a final inspection at
completion of work.
(Additional Permit Conditions on Page 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 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, 2012
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.
J
JAMES CANADY
CAMA LOCAL PERMIT OFFICIAL
PERfrQEIVED
(Signature required if conditions above apply to permit)
JUL 2 3 2009
DCM WILMINGTON, NC
Name: Jay Wyatt
Minor Permit # T809-01
Date: July 20, 2009
Page 2
(5) The permittee is required to contact the Local Permit Officer 910-328-5841, shortly before he plans to begin
construction to arrange a setback measurement that will be effective for sixty (60) days barring a major shoreline
change. Construction must begin within sixty (60) days of the determination or the measurement is void and must
be redone.
(6) All buildings constructed within the ocean hazard area shall comply with the NC Building Code, including the
Coastal and Flood Plain Construction Standards of the N. C. Building Code, 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 are inconsistent with any of the following AEC standards, the more
restrictive provision shall control.
(7) All buildings must be elevated on pilings with a diameter of at least 8 inches in diameter if round, or 8 inches to a
side if square; and the first floor level of the sills and joists must meet the 100-year flood level elevation.
(8) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under the structure.
(10) 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 dune areas will be immediately stabilized.
(11)AII unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective
sedimentation and erosion control measures. Disturbed areas shall be vegetatatively stabilized (planted and
mulched) within 14 days of construction completion.
(12)Any structure authorized by this permit 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 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 renoudshment takes place within two 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 under CRC rules.
SIGNATURE: DATE:
PERMITTEE
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T0PeSp►L
BE^ NP
COH
N o a T ^ ° ° n
820 S. Anderson Blvd,
Topsail Beach, North Carolina 28445
Telephone (910)328-5841
Fax (910) 328-1560
July 20, 2009
Kay Johnson Kelly
112 Serpentine Road
Roanoke, VA 24014
Dear Ms Kelly:
This letter is in response to your correspondence, which was received by the Town of Topsail Beach on July
15, 2009, regarding your concerns about the proposed development by Jay Wyatt, at 1041 Ocean Blvd,
adjacent to the Atlantic Ocean, in Fender County. The project consists of a 12 X 12 wooden deck. The
proposed project has been determined to comply with local regulations and the Rules of the Coastal
Resources Commission (71-1.0309), and as such, a permit has been issued to authorize the development. I
have enclosed a copy of the permit, as well as, the applicable rules.
If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The
Chairman of the Coastal Resources Commission will consider each case and determine whether to grant
your request to file for a Contested Case Hearing. The hearing request must be filed with the Director,
Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed
permit decision. I have enclosed the applicable fortes and instructions that must be filed prior to that
deadline. Please contact me at 910-328-5841, if you have any questions, or if I can provide any additional
information.
Respectfully yours,
i
J es Canady, LPO
own of Topsail Beach
cc: Jon Giles, DCM Field Rep, Wilmington District
Karl Rouse, Authorized Agent
VCf mx�-
- bN-N
112 Serpentine Road
Roanoke, Virginia 24014
July 9, 2009
Jimmy Canady
Local Permitting Officer
820 Anderson Blvd.
Topsail Beach, NC 28445
Dear Mr. Cannady:
I am writing to express my objection to the project proposed by Jay Wyatt, 1041 Ocean
Boulevard, Topsail Beach, North Carolina. In its present form, the proposed project
would encroach upon the view and space of our outdoor living area at 1039 Ocean Blvd.
I would suggest that the drawings be altered to provide for a 6 foot space on either side of
W. Wyatt's present walkway as opposed to a twelve foot space on the north side of the
walkway.
Please notify me of any further action I may take regarding my objection to this project in
its present form.
Sincerely,
V
Kay on K ly
540.343.9089
kkellv112aaol.com
AA
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AEC HAZARD NOTICE
Project Is In An:
Property Owner:
Property
Ocean Erodible Area High Hazard Flood Area Inlet Hazard Area
Date Lot Was Platted: /,Is?
This notice is intended to make you, the applicant, aware of the
special risks and conditions associated with development in this
area, which is subject to natural hazardssuchas storms, erosion
and currents. The rules of the Coastal Resources Commission
require that you receive an -AEC Hazard Notice and acknowledge
that notice in writing before a permit for development can be
issued. -
The Commission's rules on building standards, oceanfront
setbacks and dune alterations are designed to -minimize, but not
eliminate, property loss from hazards. By granting permits, the
Coastal Resources Commission does not guarantee the safety of
the development and assumes no liability for future damage to
the development. Permits issued.in the -Ocean Hazard Area -of
Environmental Concern include the condition that structures be
relocated or dismantled if they become imminently threatened by
changes in shoreline configuration. _The.structure(s)_must be
relocated or -dismantled within tw.o,(2) years of becoming
imminently threatened, and in.any, case. upon its collapse or
subsidence.
The best available information -;'as accepted by the Coastal
Resources Commission, indicates that the annual long-term
average ocean erosion rate for the area where your property is
located is 2- 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
%S-0 feet landward in a major storm.
The flood waters in a major storm are predicted to be about
20 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 sand bags may be
authorized under certain conditions.
The applicantmust acknowledge this information and requirements
by signing this notice in the space below. Without the proper
signature, the application will not be complete.
pplicant Signature Date
SPECIAL NOTE: This hazard notice is required fordevelopment
in areas subject to sudden and massive storms and erosion. Permits
issued for development in this area expire on December 31 of the
third year following the year in which the permit was issued.
Shortly before work begins on the project site, the Local Permit
Officer must be contacted to determine the vegetation line and
setback distance at your site. If the property has seen little change
since the time ofperrnit issuance, and the proposed development
can still meet the setback requirement, the LPO will inform you
that you may begin work. Substantial progress on the project
,must be made within 60 days of this setback determination, or
the setback must be remeasured. Also, the occurrence of a major
shoreline change as the result of a storm within the 60-day period
will necessitate remeasurement of the setback. It is important
that you check with the LPO before the permit expires for official
approval to continue the work after the permit has expired.
-- .Generally, if foundation pilings have been placed and substantial
progress is continuing, permit renewal can be authorized. It is
unlawful to continue work after permit expiration.
For more information, contact.
J. L. CAI iAp,!
DIRECTOR OF INSPE-. 10K3
Local ermit` icer
_. �::_4
Address
820 S. Anderson Blvd.
Topsail Beach, NC 28445
Locality
'710-32,V-..-70� "
Phone Number
Revised 2/07
74 dy - 41
woe ctuuta� APPLICATION FOR
CAMA MINOR
s DEVELOPMENT
PERMIT
RECEIVED
Town of Topsail Behl;A974, the North Carolina General Assembly passed the Coastal Area
9 Management Act and set the stage for guiding development in fragile and
Date o uctive areas that border the state's sounds and oceanfront. Along with
Initia Bring special care by those who build and develop, the General Assembly
directed the Coastal Resources Commission (CRC) to implement clear
regulations that minimize the burden on the applicant.
This application for a minor development permit under CAMA is part of the
Commission's effort to meet the spirit and intent of the General Assembly. It
has been designed to be straightforward and require no more time or effort
necessary from the applicant. Please go over this folder with the Local Permit
Officer (LPO) for the locality -in which you plan to build to be certain that
you understand what information he or she needs.
Under CANIA regulations, the minor permit is to be issued within 25 days once
a complete application is in hand. Often less time is needed if the project is
simple. The process generally takes about 18 days. You can speed the approval
process by making certain that your application is complete and signed, that
your drawing meets the specifications given inside and that your application
fee is attached.
Other permits are sometimes required for development in the coastal area.
While these are not CAMA-related, we urge you to check with the Local
Permit Officer to determine which of these you may need. A listing is included
on page 2 of this folder.
We appreciate your cooperation with the North Carolina Coastal Management
Program and your willingness to build in a way that protects the resources
of our beautiful and productive coast.
�+rruw
Coastal Resources Commis ion
Division of Coastal Management
RECEIVE%
DCM WIIMINGTON, NC
SEP 1 0 Zoos
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Locality_10'A� M&A PA\ld Permit Number (C(^0�
Ocean Hazard le" Estuarine Shoreline ORW Shoreline
(For official use only)
GENERAL INFORMATION
LAND OWNER
Name
Public Trust Shoreline Other
Address 10 "// OG—'A ,✓ Q 1i/W,
City-�'06'4" ( �EA 1 � State Nib Zip QLV5_ Phone
AUTHORIZED AGENT
Name
E
Address _
70 Z SO le AX
.e ,
61,W
City lelp%}//
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�SoD
State /r'L
Zip Zgy� Phone '�PI/O'6�6 6 Sys/
LOCATION OF PROJECT: (Address, street name and/or directions to site. If not oceanfront, what is the name of the
adjacent waterbody.) Sl V
AIL
DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.)
�Z XfZ WOOD 4)>EeK RECEIVED
DCM WILMINGTON, NC
SIZE OFLOT/PARCEL: -4__0'X/40' square feet 0-A, acres SEP 1 0 2009
PROPOSED USE: Residential ✓ (Single-family Multi -family ) Commercial/Industrial
Other
TOTAL ENCLOSED FLOOR AREA OF A BUILDING IN THE OCEAN HAZARD AREA OF ENVIRON-
MENTAL CONCERN (AEC): /l 6 0 0 S F 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): 41000 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:
(1) within 75 feet of Normal High Water/Normal Water Level for the Estuarine Shoreline AEC
(2) within 575 feet of Normal High Water/ Normal Water Level for the Estuarine Shoreline AEC, adjacent to
Outstanding Resource Waters
(3) within 30 feet of Normal High Water/ Normal Water Level for the Public Trust Shorelin S E P 0 9 2009
(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'' sued by the NC Division of Water Quality?
YES_ NO
if Ve Nof01n*M.1 k.,ar „......c________._.__
OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA minor develop-
ment permit. As a service we have compiled a listing of the kinds of permits that might be required. We suggest you check over the list
with your LPO to determine if any of these apply to your project. Zoning, Drinking Water Well, Septic Tank (or other sanitary waste
treatment system), Building, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA Certification,
Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway Connection, and others.
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)
Van owner or record title, Title is vested in J bJ %ti 7% see Deed Book 72-
page in the Y�EvJ k L 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:
1 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) (Address)
(1)
(2)
(3)
(4)
FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS:
1 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:
1 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 day of �%u �` 20 t
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Landowner or person authorized to act as his agent for purpose of filing a CAMA permit application.
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_ ---This letter is to inform you that I; wA✓ WW2 ;AKL ?e4'5-4- havi applied for a CAMA Minor
roperty Owner
. Permit on my property at tliCEA.. B/vl 710 SA:/
Property Address
- . - - , _.-. -in Topsail Beach,- ender _County. :As required by CAMA regulations, I have enclosed a copy of my permit
application -and rojectdrawin s as notification of m -
- - - - project 9 y Proposed project. No'action=is°requrcediror�yoo or--��
you may sign and retum the enclosed no objection form. If you'have any questions or-ccmmentsxa t~n ; b ,
proposed project, plea -se -contact me by phone at !7[o- 61 g - 65 -L114 —,or by mail at
the address listed below. If you wish to file written comments or objections with the Topsail Beach-CAMA-----
Minor Permit Program, you may submit them to:
Jimmy Canady, Local Permitting Officer
- -- Town of Topsail Beach
820 S Anderson Blvd
Topsail Beach, NC 28445
Sincerely,
--_ UA•/ Gdr/"AAe I �iis� Aefr�
Prope Own r
qzz S. Alma r<,eso" 61grl
Mailing Address
City, State, Zip Code
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Dear Adjacent Property Owner: r
- _ Thisletteris to inform you that 1,%X� ry )/ 7% f A "04"-6 have applied for a CAMA Minor
Prap dY Owner .
Permit on my property at
' Prrgnrfy AAriroeg
- - - -• -in-Topsail Beach; Perder County. As rermtrer# by r--anon regulations, !have anrinmrl p rnnv nt my nprrnit
application -and project drawing(s) as notification of my proposed pined. No action is required fnn yoit,u nr
:you may sign and return the enclosed no objection form. If you have any questions or comments about my
propos&d_project, please -contact me by phone at q/0 S�/L/ or by mail at
the address listed below. if you wish to file written comments or objections with the Topsail Beach CAMA
Minor Permit Program, you may submit them to:
Jimmy Canady, Local Pemritting Officer
Town of Topsail Beach
820 S Anderson Blvd
Topsail Beach, NC 28445
Sincerely,
j'ZZ S'� £�S a✓ilre
Mailing Address
7PAFri/ A/& �yf�
City, State, Zip Code
NOTICE OF FILING
OF APPLICATION FOR
CAMA MINOR DEVELOPMENT PERMIT
Pursuant to NCGS 113A-11-9(b), Town of Topsail Beach, a locality authorized to issue
CAMA permits in Areas of Environmental Concern, hereby gives NOTICE that on June 30,
2009; Jay Wyatt applied for a CAMA permit to construct a 12 X 12 uncovered wooden deck
onto an existing single family dwelling at 1041 Ocean Blvd.
The application may be inspected at the address below. Public comments received by
July 17, 2009 will•be•considere& Later comments will be accepted and considered up to the
time of permit'decision. Project modifications may occur based on further review and
;comments: 'Notice of the permit decision in this matter will be provided upon written request.
PLEASE PUBLISH ON: July 8, 2009
Please send affidavit of publication
Jimmy Canady
CAMA Local Permit Officer for
Town of Topsail Beach
Address: 820 S Anderson Blvd
Phone: 910-328-5841