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HomeMy WebLinkAboutKB_09-11_McMillanJAN/Z WHI D/WEU 08:32 AM Town of Kure Beach FAX No, 910458%-1 F. 002 Town of Kure Beach 09.11 Local Govemment Permit Number CAMA MINOR DEVELOPMENT PERMIT as au"mrimt by the State of North Carolina, Department or Emlronment, and Natural Resources and the Coastal Resources Commission for development In an area of environment concern pursuant to section 113A-118 of the General Statutes, "Coastal Area Maragemenr Issued to William and Eleanor McMillan and Jerry and Rebecca Piloher, authorizing development in the Ocean Hazard (AEC) at 109 South Fort Fisher Boulevard, in Kure Beach, North Carolina, New Hanover County, as requested in the permittee's application, dated August 27, 2009. This permit, issued on October 5, 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: construction of a temporary gazebo. (1) All proposed development and associated construction must be done in accordance with the permitted work plat drawings(s) dated received on September 24, 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 available on site. Contact this office at (910) 458-6535 pgEaVrmLbfWq�D0 completion of work. DCM WILMINGTON, (Additional Permit Conditions on Page 2) JAN 1 9 2010 This permit action may be appealed by the permfntee or other qualified persons within Wanly (20) days of the issuing date. Frtm the data of an appeal, any work conducted under this permit must cease until the appeal is resolved. This permit must be or the protect site and accessible to the permit offiour when the protect is Inspected for compliance. Any mah(enance work or project modii not covered under this pertrit, require further written permit approval. Ali wok must cease when this permit expires an DECEMSER 31, 2012 In issuing tMs permit It Is agreed that this project is consistent with the local Land Use Plan and at applicable ordinances. This permit may not be transferred to another party without the written approval of the Dlvlslon of Coastal kjm.m M John Batson CAMA LOCAL PERMIT OFFICIAL 117 Settlers Lane Kure Beach, INC 28449 4PER� XITTEE 1AN/2r/2017/WE➢ 08:32 AN Town of Kure Beach FAX No.9104587421 P.003 Name: William and Eleanor McMillan and Jerry and Rebecca Pilcher Minor Permit # 09.11 Date: September 4, 2009 Page 2 (5) The structure must set back a minimum of 60 feet from fhe first line of stable natural vegetation, as determined by the DCM, the LPO, or other assigned agent of the DCM. (6) The permiltee is required to contact the Local Permit Officer (910) 45&6535, 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. (7) All buildings constructed within the ocean hazard area shall comply with the NC Building Code, including the Coastal and Flood Plain Constriction Standards of the N. C. Building Code, and the Local Fkrod Damage Prevention Ordinance as required by the National Flood Insurance Program. ff 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,. (8) All buildings must be elevated on pilings with a diameter of at least 8 inches in diameter V round, or 8 inches to a side if square; and the first floor level of the sills and joists must meet the 10ayear flood level elevation. (9) All pilings shell have a tip penetration greater than eight feet below the lowest ground elevation under the stricture. (10)Dtne disturbances will be allowed only to the extent necessary for development and if the dunes protective value is not weakened or reduced. Disturbed dune areas will be immediately stabilized. (11)AII unconsolidated matarial resulting from associated grading and landscaping shell 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 structures) shall be relocated or dismantled within two years of the time when R becomes imminently threatened, and in any case upon its color 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 rat be relocated or dismantled at that time. This condition shall not affect the permit holders right to seek authorization of temporary protective measures allowed under CRC rules. Signature Permitee Date! d� HECEIVEi DCM WILMINGTON, NC JAN 1 9 2010 wil Locality Permit Number PI Pt Ocean Hazard Estuarine Shoreline ORW Shoreline _Public Trust Shoreline —Other re (For official use only) pl GENERAL INFORMATION LAND OWNER Address /"'0' D/-Aete-- /776 " PI City State AIL- Zip zfGf % Phone 70y-P13 �15/ y/O _ 620 - 3 s70 AUTHORIZED AGENT If Name A Address City _ State Zip Phone LOCATION OF PROJECT: (Address, street name and/or directions to site. If not oceanfront, what is the name of If the adjacent waterbody?) /O 9 S%'j/V[✓ �G!/L� L32icc/ _ /f/C D DESCRIPTION OF F ROJECIT: (List all proposed construction and land disturbance.) SIZE OF LOT/PARCEL: •Nj O8 O square feet acres PROPOSED USE: Residential_ (Single-family _ Multi -family _) Commerical/Industrial Other N, TOTAL ENCLOSED FLOOR AREA OF A BUILDING IN THE OCEAN HAZARD AREA OF ENVI- H: RONMENTAL CONCERN (AEC): /`% square feet (includes all floors and roof -covered decks) SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT -UPON WKACES IN THE COASTAL SHORELINE AREA OF ENVIRONMENTAL CONCERN (AEC): v 1W sq. &. (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 utstay,di��p Resource Waters E` '� / Y (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.) gEP 2 2 STATE STORMWATER MANAGEMENT PERMIT: Is the project located in an areasubi ff�tW14GTAN, NC State Stormwater Manag ent Permit issued by the N.C. Division of Water Quality. DC `4 YES NO 1 If yes, list the total built -upon area/impervious surface allowed for your lot or parcel. square feet. THER PERMITS MAYBE REQUIRED: The activity you are planning may require permits other than the CAMA minor velopment permit. As a service we have compiled a list of the kinds of permits that might be required. We suggest you check over the list th your LPO to determine if any of these apply to your project: Zoning, Drinking Water Well, SepticTank (or other sanitary waste atmentsystem), Building, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA Certification, nd Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway, Connection, and others. CATEMENT OF OWNERSHIP: the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an AEC or a rson authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person red as landowner on this application has a significant interest in the real property described therein. This interest can be scribed as: (check one) �_an owner or record title. Title is vested irPt try P P /cfter eY- wX see Deed Book S3 70 ge 165S in the A& County Registry of Deeds. _an owner by virtue of inheritance. Applicant is an heir to the estate of obate was in County. _if other interest, such as written contract or lease, explain below or use a separate sheet and attach to this application. OTIFICATION OF ADJACENT PROPERTY OWNERS: urthermore certify that the following persons are owners of properties adjoining this property. I affirm that I have given TUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. (Name) (Address) -Pa,/-r r ua 44 - Co ff l e 70B A70/l io e Ave reu-011.1 �cti /JC DR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS: cknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to 3sion and/or flooding. I acknowledge that the local permit officer has explained to me the particular hazard problems associ- :d with this lot. This explanation was accompanied by recommendations concerning stabilization and floodproofing tech- ques. ERMISSION TO ENTER ON LAND: urthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer and his agents to ter on the aforementioned lands in connection with evaluating information related to this permit application. its application includes: general information (this form), a site drawing as described on the back of this application, the inership 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 thout reference in any permit which may be issued. Deviation from these details will constitute a violation of any permit. Any rson developing in an AEC without permit is subject to civil, criminal and administrative action. T/h' ttthe ' I day of M /Z7-14* 2067 r O Landowner or person authorized to act as his agent for purpose of filing a CAMA permit application. Project Is In An: J Property Owner: AEC HAZARD NOTICE Ocean Erodible Area High Hazard Flood Area 1hcM7b'ti . PF Property Address: !Dq S. Fr TISlier t3wd . kare Be,cl,. xJc- Zf(lgf Date Lot Was Platted: lqq' 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 hazards such as storms, erosion and currents. The rules of the Coastal Resources Commission require that you receive anAEC 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 two (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 s2 feet per year. The rate was established by careful analysis of aerial photographs of the coastline taken over the past 50 years. Studie also indicate that the shoreline could move as much as J feet landward in a major storm. The flood waters in a major storm are predicted to be about b__—Z 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 applicant must acknowledge this information and requirements by signing this notice in the space below. Without the proper signature, the application will not be complete. Inlet Hazard Area t Vk A, 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 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 of permit 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: Local Permit Officer I I q H l� r­3 Lane - Address YuF-2."�eaLl� Locality _ 9 f o- Phone Number Applicant Signature Date Revised 2/07 BEFORE YOU BUILD Setting Back for Safety: A Guide to Wise Development Along the Oceanfront When you build along the oceanfront, you take a calculated risk. Natural forces of water and wind collide with tons of force, even on calm days. Man-made structures cannot be guaranteed to survive the force of a hurricane. Long-term erosion (or barrier island migration) may take from two to ten feet of the beach each year, and, sooner or later, will threaten oceanfront structures. These are the facts of life for oceanfront property owners. The Coastal Resources Commission (CRC) has adopted rules for building along the oceanfront. The rules are intended to avoid an unreasonable risk to life and property, and to limit public and private losses from storms and long-term erosion. These rules lessen but do not eliminate the element of risk in oceanfront development. As you consider building along the oceanfront, the CRC wants you to understand the rules and the risks. With this knowledge, you can make a more informed decision about where and how to build in the coastal area. The Rules When you build along the oceanfront, coastal management rules require that the structure be sited to fit safely into the beach environment. Structures along the oceanfront must be behind the frontal dune, landward of the crest of the primary dune, and set back from the first line of stable natural vegetation a distance equal to 30 times the annual erosion rate (a minimum of 60 feet). Large structures (multi -family residential structures greater than 5,000 square feet and nonresidential structures greater than 5,000 square feet) must be set back from the first line of natural stable vegetation a distance equal to 60 times the annual erosion rate of 120 feet, whichever SETBACK �p SETBACK � PIRSI LINE OF is FS ty STABLE (1 IAL' AVNATURAL AVERAGE ERAGE ANNUAL VEGETATION Goo ILROSION I EROSION Goo I�I RATE o� y l l2 I PERMITTED STRUCTURE; ADEQUATE SETBACK is greater. If the erosion rate is greater than 3.5 feet/year, the setback is 30 times the erosion rate plus 105 feet. The Reasons The beachfront is an ever -changing landform. The beach and the dunes are natural"shock absorbers," taking the beating of the wind and waves and protecting the inland areas. By setting back 30 or 60 times the annual long-term erosion rate, you have a good chance of enjoying the full life of the structure. At first, it seems very inviting to build your dream house as close to the beach as possible, but in five years you could find the dream has become a nightmare as high tides and storm tides threaten your investment. The Exception The Coastal Resources Commission recognized that these rules, initially passed in June 1979, might prove a hardship for some property owners. Therefore, they established an exception for lots that cannot meet the setback requirement. The exception allows buildings in front of the setback line if the following conditions apply: (1) the lot must have been platted as of June 1, 1979, and is not capable of being enlarged by combining with adjoining land under the same ownership; (2) development must be as far back on the property as possible and in no case less than 60 feet landward of the vegetation line; (3) no development can take place on the frontal dune; (4) special construction standards on piling depth and square footage must be met; and (5) all other CAMA, state and local regulations must be met. The exception is not available in the Inlet Hazard Area. To determine eligibility for the exception, the Local Permit Officer will make these measurements and observations: required setback from vegetation line exception setback (maximum feasible) rear property line setback max. allowable square footage on lowest floor lot area as calculated from vegetation line piling length needed to extend 4 feet below MSL PRE-PERhHY STRUCrURE:INADEQUATE SETBACK PRE-STOR)A BEACH PROFILE _� POST -STORM BEACH PROFILE ONC YEAR AFTER STORNI113EACH REBUILDING After the storm, the house on the dune will be gone. The other house has a much better chance of survival. OU/19/21009AWN 08:45 AM Torn of Kure Beach FAX No.9104587421 P. 005 RECEIVED DCM WILMINGTON, NC OCT 1 9 2009 ,-gl . h Lb (LI�4 V ✓ bo " i V" 130 Wo. August 27, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED Patricia H. Cottle 708 Monroe Ave. Carolina Beach, NC 28428 Dear Ms. Cottle: This letter is to inform you that I have applied for a CAMA Minor Permit on my property at 109 K Ave, Kure Beach, N.C. I have enclosed a copy of my permit application and a copy of the drawing(s) of my proposed project. If you have any questions or comments on my proposed project, please contact me at 704-873-2131 or by mail at P.O. Drawer 1776, Statesville, NC 28687. If you wish to file written comments or objections with the Town of Kure Beach, you may submit then to: John J. Batson Local Permit Officer Town of Kure Beach 117 Settlers Ln. Kure Beach, NC 28449 Sincerely,/ 6(l William H. McMillan P.O. Drawer 1776 Statesville, NC 28687 U.S. Postal Service.. I CERTIFIED MAIL,, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided). For delivery information visit our website at w .uspsxomo Phone: 704-873-2131 .0 0 F F .n C3 Postage $ S fLl CeNfled Fee I C3 Retum Receipt Fee O (Endorsement Required) O Restricted Delivery Fee p IFndersement Reculredl rn nu m m 0 0 Ir Postmark Here August 27, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED Robertson Enterprises, Inc. By its Registered Agent, Mike Robertson P.O. Box 150 Kure Beach, NC 28449 Dear Mr. Robertson: This letter is to inform you that I have applied for a CAMA Minor Permit on my property at 101 K Ave, Kure Beach, N.C. I have enclosed a copy of my permit application and a copy of the drawing(s) of my proposed project. If you have any questions or comments on my proposed project, please contact me at 704-873-2131 or by mail at P.O. Drawer 1776, Statesville, NC 28687. If you wish to file written comments or objections with the Town of Kure Beach, you may submit then to: Sincerely, ,/ William H. McMillan P.O. Drawer 1776 Statesville, NC 28687 Phone:704-873-2131 John J. Batson Local Permit Officer Town of Kure Beach 117 Settlers Ln. Kure Beach, NC 28449 m •• m s - -a OFFICIAL USE .n S tL Postage Gerbils Fee $ y� A M Rsem Receipt Fee Postmark Here 0 (Endorsement Required) Restricted Delivery Fee - (Endorsement Required) m ru Total Postage &Ass 1 .$ Sent To u>� _ O 7 VA,,/V J O tree,Api o.; t` or PO Sox No. August 27, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED Thomas E. & Sharon D. Swiney 8208 Mainsail Ln. Wilmington, NC 28412 Dear Mr. & Mrs. Swiney: This letter is to inform you that I have applied for a CAMA Minor Permit on my property at 129 S. Fort Fisher Blvd, Kure Beach, N.C. I have enclosed a copy of my permit application and a copy of the drawing(s) of my proposed project. If you have any questions or comments on my proposed project, please contact me at 704-873-2131 or by mail at P.O. Drawer 1776, Statesville, NC 28687. If you wish to file written comments or objections with the Town of Kure Beach, you may submit then to: John J. Batson Local Permit Officer Town of Kure Beach 117 Settlers Ln. Kure Beach, NC 28449 Sincerely, iam c]tyliIlan P.O. Drawer 1776 Statesville, NC 28687 U.S. Postal, Service.., CERTIFIED MAILr. RECEIPT (DOMe&ic'Mall Onty; No Insurance,Coverage Provided) Fordelivery information visit our vmb, ie at . --,.--- Phone: 704-873-2131 S Postage $ ru CemOed Fee O C3 Retum Receipt Fee (Endorsement Required) O Resvicled Delivery Fee O (Endorsement Required) m nJ Total Postage m & Fees m 0 0 M1 g-a-�--aq Postmark Here Public Notice C4 Town of Kure Beach CAMA PERMIT NOTICE Pursuant to N.C.G.S. 113A—110(b), the Town of Kure Beach, a locality authorized to issue CAMA permits in areas of environmental concern, hereby gives NOTICE that on September 21, 2009, William and Eleanor McMillan and Jerry and Rebecca Pilcher applied for a CAMA permit for construction of a temporary gazebo at 109 South Fort Fisher Boulevard, Kure Beach, NC. Persons desiring to inspect the application, to comment thereon or to appeal the local decision are directed to contact the local permit officer at the below address. It is anticipated that a decision will be reached on this application in approximately seven days. John Batson Local CAMA Permit Officer Kure Beach Town Hall 117 Settlers Lane Kure Beach, NC 28449