NH_16-08_DENIAL

C/6 - 0 R
NEW HANOVER COUNTY
PLANNING & INSPECTIONS DEPARTMENT
Chris O Keefe, AICP
Planning & Inspections
Director
March 15, 2016
Mr. F. Jule Smith
1524 Canterbury Road
Raleigh, NC 27608
RE:
230 GOVERNMENT CENTER DRIVE, SUITE 110
WILMINGTON, NORTH CAROLINA 28403
TELEPHONE [phone]
FAX [phone]
Dennis Bordeaux Ken Varier, AICP
Inspections Manager Planning Manager
CERTIFIED MAIL -7011 1570 0012572 5310
RETURN RECEIPT REQUESTED
�1
DENIAL OF CAMA MINOR DEVELOPMENT PERMIT
APPLICATION NUMBER- E16.08
PROJECT ADDRESS-2216 Pinehurst Place, Wilmington, NC
Dear Mr. Smith:
0
After reviewing your application in conjunction with the development standards required by the Coastal Area
Management Act (CAMA) and our locally adopted Land Use Plan and Ordinances, it is my determination that no
permit may be granted for the project which you have proposed.
This decision is based on my findings that your request violates NCGS 113A-120(a)(8) which requires that all
applications be denied which are inconsistent with CAMA guidelines and Local Land Use Plans. You have applied to
construct a single family residence which proposes 48% impervious coverage of the site. This proposed project is
inconsistent with 15 NCAC 71-1.0209(f)(1), which states that: Within the AEC for estuarine and public trust shorelines
contiguous to water classified as ORW (Outstanding Resource Waters) by the EMC, all development projects,
proposals, and designs shall limit the built upon area in the AEC to no more than 25 percent or any lower site specific
percentage as adopted by the EMC as necessary to protect the exceptional water quality and outstanding resource
values of the ORW.
Should you wish to appeal my decision to the Coastal Resource Commission or request a variance from that
group, please contact me at 910-798-7068 or Robb Mairs with the Division of Coastal Management at 910-796-7423,
so we can provide any other information you may require. I have enclosed the proper forms for either an appeal or a
variance request. The Division of Coastal Management central office in Morehead City must receive appeal notices
within twenty (20) days of the date of this letter in order to be considered.
es tfully
R a— fcyou
Linda E. Painter, LPO
FI="- E I V E D
cc: NC Division of Coastal Management D&A WILMINGTON, NC
Mark Johnson, Mark Johnson Custom Homes
City of Wilmington, Zoning MAR 1 5 2016

02
Simpson, Shaun
From: Brown, Denise <[e-mail]>
Sent: Tuesday, March 15, 2016 5:19 PM
To: Simpson, Shaun; Painter, Linda
Cc: Mairs, Robb L
Subject: RE: NHC- E16-08 Denial Letter & documents(2216 Pinehurst)
Importance: High
Well well this would be one of my many submissions. @ No worries, I'm sure the LPO will respond appropriately.
Thanks a bunch for the info!
From: Simpson, Shaun [mailto:[e-mail]]
Sent: Tuesday, March 15, 2016 5:02 PM
To; Painter, Linda
Cc: Brown, Denise; Mairs, Robb L
Subject: FW: NHC- E16-08 Denial Letter & documents(2216 Pinehurst)
Hey Linda,
Debbie happened to be walking by as I opened this attachment and, and as I've never seen a Denial to an Exemption I
asked her. She says that cannot be done, rather, they should apply for a Minor Permit. Robb assumed this was a Minor
application that y'all have been discussing. Consensus is that they need to apply for a Minor, and have that
denied. That's the only way they could request a Variance down the road.
Only the messenger,
Shaun
Shaun Simpson
Permit Support & Customer Service
NC Department of Environmental Quality
NC Division of Coastal Management -
127 Cardinal Drive Ext.
Wilmington, NC28405
Phone: [phone]
Shaun.Simoson @ncd en r. aov
I ! C& Nothing Compares
E-mail correspondence to and from this address
may be subject to the North Carolina Public
Records Low and may be disclosed to third parties.
From: Brown, Denise [maiIto: dbrown (din hcgov.coml
Sent: Tuesday, March 15, 2016 4:49 PM

To: Simpson, Shaun <shaun.simosonCryncdenr.sov>
Subject: NHC- E16=08 Denial Letter & documents(2216 Pinehurst)
Hi Shaun,
Not sure if you have this already.... if so, delete. O
Denise Brown I Administrative Technician
Planning & Inspections - Planning & Zoning
New Hanover County
230 Government Center Drive, Suite 110
Wilmington, NC 28403
[phone] p ) [phone] f
www.nhcaov.com
From: Painter, Linda
Sent: Tuesday, March 15, 2016 3:12 PM
To: Brown, Denise
Subject: E16-08
Linda Painter ) Zoning Compliance Official
Planning & Inspections - Planning & Zoning
New Hanover County
230 Government Center Drive, Suite 110
Wilmington, NC 28403
[phone] p 1 [phone] f
www.nhcgov.com
2

RECEIVED MAR 1 U 2015
Locality Al eLkJ 4Ck aOV A (y Permit Number E I b -OF
Ocean Hazard Estuarine Shoreline ORW Shoreline .-IL- Public Trust Shoreline Other
(For offlehrl irse on(Y)
GENERAL INFORMATION
LAND OWNER - MAILINGADDRESS
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Add 15Z4 CPS+tlAV/- e !.—
(.ity "V _ _State )_�� Zip 4IW . Phone -t (q, �i22 �L13 -
Email_ t S 3 iek� m �h[( vo'y,
AUTHORIZED AGENT
Name
fG�t
Address _13 t o -�i l 1 S✓( (- C
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(:ity �ll� t.- t),v State .N - + ZtP.. $Y
Lmail N1ArV1 maA1(A J4.1 Lu S ,vw� 1/y6M Gf
r'Phnne a �� a�._Zti2i --
Can
LOCATION OF PROJECT: (Address, street name andior directions to site:
LZ� 6 Pttly- kur. - �
k
adjacent waterbody.)
DESCRIPTION OF PRWECT: (List all proposed construction and land disturbance.) kk VesL ce .—
SIZE OF LOT/PARCEL: ,_ty _ square feet 14 V _- acres
PROPOSED USE: Residential V (Sutgle-family ❑ Multi -family ❑ ) Conimercial/Industrial ❑ Other ❑
COMPLETE EITHER (1) OR (2) BELOW (Coular►)worLocal PerrnilOfficer ijtroa arena►sure which AEC applies
tb pour property):
(1) OCEAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE: square feet (includes
nir conditioned living space, parking elevated above ground level; non -conditioned space elevated above ground level but
excluding non -load -bearing attic space)
(2) COASTAL SHORELINEAECs: SIZE OF BUILDING FOOTPRINTAND OTHER IMPERVIOUS OR BUILT
UPON SURFACES: square feet (includes the area of the foundation of all buildings, driveways, covered decks,
concrele or masonry patios, etc. that are within the applicable AEC. Attach your calculations with the project drawing.)
STATE STORM WATER MANAGEMENT PERMIT: Is the project located in an area subject to a S - I V p
Stonnwater Management Permit issued by the NC Division of Energy, Mincral and Land Resources ID 1 [,
1'FS NO vv L INGTON, NC
--- — nn6Q
If yes, list the total built upon areatimpervious surface allowed for your lot or parcel: -- R V I ail t, fe) 2016

RECEIVE) I,% 1 0 2015
OTIIER PERMITS MAY RE REQUIRED: The nctivity you arc planning may require permits other than the CAMA
minor development permit, including, but not limited to: Drinking Water Well, Septic lank (or other sanitary waste
trcahnent system), Building, Electrical, plumbing, Heating and Air Conditioning, Insulation and linergy Conservation, FIA
Certification, Sand Dunc, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway Connection, and
others. Check with your Local Permit Officer for more information.
STNI'EMENT OF OWNERSHIP:
1, the undersigned, an applicant for a CAMA minor development permit, being either the owner of propeny 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)
_an owner or re title, Title is vested in name of
see Deed Book �8 q 3 page _i
1'b in the
—_sit owner by virtue of inheritance. Applicant is an heir to the estate of
probate was in
County Registry of Deeds.
County.
_ _ _ ifother interest, such as written contract or lease, explain below or use n separate sheet & attach to this application.
NOTIFICATION OF ADJACENT RIPARIAN PROPERTY OWNERS:
I furthermore certify that the following persons arc owners of properties adjoining this property. I affirm that I have given
ACTUAL NOTICE. to each of them conceming my intent to develop this property and to apply for a CAMA pctmit.
N -- YCa6,,J f
ACKNOWLEDGEMENTS:
(Address)
ZZ
K
R Ge'
1, the undersigned, 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 particu-
lar hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabiliza-
tion and floodproofing techniques.
I furthermore certify that I am authorized to grant, and do in fact grant, permission to Division ofcoastal Management stafr
the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information
related to this permit application.
Landowner or
This the "( T, , -day of od C44 20 L6
act qs his/her agent for purpose of filing a CAMA permit application
This application lnelndes: general In formation (this form), a site dramring as describe ti on the bcwk of this alhrlkariall, the
ownership statemc/rt, the Orean l iazanl AEC Notice ahem Itecessaty, a check for S/00,00 made parable to the localiiv. and
err igl6rination as may be inuvided orally by the applicratl. The derails of lite application as described by these sou/res are
inenl7xirated withoal .r%mncc in any permit which rear be issued Ji Devitwonvol these dclails will constitute a violation of
m a)w rmil. Any peson zim eloping in an AEC without permit A slibject to civil, criminal and adminisnmtiMgWOE l V E p
DCM WILMINGTON, NC
MAR 1 5 2016

RECEIVED MAR 1 0 2015
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: JcJAC J 'v_1 t nkl
Mailing Address: SZ y
Phone Number: c `1 C p — q ZZ — �3-( 3
Email Address: "t 1 S� �!`?° �'' t (dLv' l0'1
I certify that I have authorized PA t Ae L— TOf-(ti So rQ
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: ww Aesl d&
at my property located at 22- % S' tAa+LJrff
in NeW Tt (A1 County.
I furthermore certify that i am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
Signature
Print or Type Name
�A.n-cC �Wner
Title
319 I i;o
Date
This certification is valid through I_J RECEIVED
DCM WILMINGTON, NC
MAR 1 5 2016

LANDFALL SUBDIVISION II
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