OI_16-09_DENIAL

0/16-0
2l5/2016
CERTIFIED MAIL -INSERT CERTIFIED MAIL # VwC E m6t
RETURN RECEIPT REQUESTED
James Murray 8 John Murray
514 Market Street
Wilmington, NC 28401
RE: DENIAL OF CAMA MINOR DEVELOPMENT PERMIT
APPLICATION NUMBER- 01 16-09
PROJECT ADDRESS- 4627 E. Beach Dr. (Lot 14, Block 11, S-2)
Dear Mr. Murray:
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 11 3A-1 20(a)(8) which requires that all applications be denied which are inconsistent with
CAMA guidelines and Local Land Use Plans. You have applied to build a single family residence seaward of the
1998 static vegetation line which is inconsistent with 15A NCAC 07H .0306(a)(2).
Your application is also inconsistent with 15A NCAC 07H .0601, which states that no development shall be allowed in
any AEC which would result in a contravention or violation of any rules, regulations or laws of the State of North Carolina
or of local government in which the development takes place. On page 88 of the local Land Use Plan, you will find
that:
Policy 2.A.17: Ocean Hazard Areas: The Town supports State policies that do not conflict with the Town's
development regulations, for ocean hazard areas as set forth in Chapter 15NCAC subchapter 7H of the State
CAMA regulations. Suitable land uses in ocean hazard areas include ocean shoreline erosion control activities,
dune establishment and stabilization. Residential, commercial and recreational land uses and parking lots for
beach access are also acceptable uses in ocean hazard areas provided they meet all general and specific
standards of 15 NCAC: 7H that do not conflict with the Town's development regulations.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing before an
Administrative Law Judge who listens to evidence and arguments of both parties and then makes a recommendation
to the Coastal Resources Commission (CRC). Your request for a hearing must be in the form of a written petition,
complying with the requirements of §1508 of General Statues of North Carolina, and must be filed with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714, within twenty (20) days from the date
of this letter. Please contact me so I can provide you with the proper forms and any other information you may E I V ED
require.
DCM WILMI NGTON, NC
4601 E. Oak Island Drive • Oak Island, North Carolina 28465
Phone: [phone] • Fax: [phone] • Website: www.oakislandnc.com
FEB 052016

You may also petition for a variance from the CRC by means of the procedures described in 15A NCAC 07J .0700. 1
have enclosed a copy of the current rules as well as the CAMA Variance Request Form (DCM Form 11).
Respectfully yours, Q
Donna F. Coleman, LPO
Town of Oak Island
cc: Sean Ferrell Wilmington-DCM
RECEIVED
DCM WILMINGTON, NC
FEB 0 5 2016

You may, also.petition for a Variance from the CRC by:means of the procedures descrihed;in 15A,NCAC 07J .0700.. 1
have. enclosed. a copy of the current rules as well as the CAMA Variance Request Form (DCM Form 11).
Respe6t6y-y9o4
(rs,,
Donha'F CdIeman,'LPO
Town of Oak'I§land
cc: Sean Ferrell Wilmington-DCM

Simpson, Shaun
From: Donna Coleman <[e-mail]>
Sent: Friday, February 05, 2016 1:38 PM
To: John Murray
Cc: planner, Farrell, Sean C; MacPherson, Tara; Simpson, Shaun
Subject: CAMA Minor Denial Notification (Murray)
Attachments: doc20160205132626.pdf
Importance: High
Mr. Murray,
Please find attached the denial letters for you CAMA Minor Applications (OI 16-09 & OI 16-10) submitted to my office on
1/20/2016.
We have discussed the requirements of seeking a variance thru the Coastal Resource Commission and I have attached
the required forms.
Sincerely
Donna F. Coleman, CFM
CAMA-LPO / Building Inspector
Town of Oak Island
[phone]
[phone]fax
f,,-(--EIvED
OCM WILMWGTON, NC
FEB 0 5 2016

Locality-- 2 S� c ..----- :_---------- Permit Number
za d t;Esttarine Shorcline —_ORW Shoreline- Public Trust Shorel ne_Othet r
(For official use only)
GENERAL INFORMATION
LAND OWNER !DIVED
i
Name: John Murray and James Murray 1I1q J j L
Address: 514 Market Street
City: Wilmington State: NC Zip: 28401 Phone: [phone]
AUTHORIZED AGENT
Name: John Murray
Address: 514 Market Street
City: Wilmington State: NC Zip: 28401 Phone: [phone]
LOCATION OF PROJECT: (Address, street name and/or directions to site. If not oceanfront what is the name of the
adjacent waterbody.) Lot 15, Block 11. S-2 Oak Island. North Carolina 28465 g429 E. JA"r-H D2
DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) The project consists of a 2500
square foot residence and associated driveways
SIZE OF LOT/PARCEL: 7500 square feet .1722 acres
PROPOSED USE: Residential ® (Single-family ® Multi -family ❑) Commerical/Industrial ❑ Other ❑
TOTAL ENCLOSED FLOOR AREA OF A BUILDING IN THE OCEAN HAZARD AREA OF
ENVIRONMENTAL CONCERN (AEC): 2464 square feet (includes au conditioned living space, parking elevated
above ground level, non -conditioned space elevated above ground level but excluding non -load -bearing attic space)
COASTAL SHORELINE AREA OF ENVIRONMENTAL CONCERN AECs :SIZE OF BUILDING FOOTPRINT
AND OTHER IMPERVIOUS OR BUILT -UPON SURFACES: 3079 square feet (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 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 IZ
If yes, list the total built upon area/impervious surface allowed for your lot or parcel. square feet.
RECEIVED
DCM WILMINGTON, NC
JAN 2 8 2016

OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA minor development 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)
® an owner or record title, Title is vested in fee simple, see Deed Book 1438
page 0228 in the Brunswick 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 and 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) (Address)
(1) Hewett W Lee Hrs % Reese E Swan PO Box 10481 Southport NC 28461
(2)
(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 die 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. Deviatipit from these details will constitute a violation
of any permit. Any person developing in an AEC without permit is sub' t to civil, criminal and administrative action.
day of J uary 016
.1 1-4-
Landowner or person authorized to t as his agent
for purpose of filing a CAMA pAdnit application
RECEIVED
DCM WILMINGTON, NC
JAN 2 8 2016

AEC HAZARD NOTICE
Project Is In An: X Ottion Erodible Area —High Hazard Flood Area Inlet Hazard Area
Property Owner: John Douglas and James Winton Murray
Property Address: Lot 15, Block 11, S-2 Oak Island NC 28465
Date Lot Was Platted: November 15, 2015
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 an AEC Hazard Notice and acknowledge
that notice in writing before a permit for development can be
issued.
The Commission's rates 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 ifthey 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 a feet per year.
The rate was established by careful analysis ofaerial photographs
of the coastline taken over the past 50 years.
Studies also indicate that the shoreline could move as much as
3Q6- feet landward in a major storm.
The flood waters in a major storm are predicted to be about
q 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
f
notice in the space below. Without the proper
plicationwillnotbecomplete.
1 January 2, 2016
Applicant 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 ofpermit 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 ofa major
shoreline change as the result of a storm within the 60-day period
will necessitate remeasurement of the setback.. It is important
thatyou check with the LPO before the pemritexpires 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 afterpermit expiration.
For more information, contact.
�Ot�lnt A
Local Permit Officer
4c,ol E, Oak Tsbr.d
Address
Oak Trio d, 1� C z8yt05-
Locality
(910) 001- g0 49
Phone Number
dC.olervrar�@ c'i. oak_6gnJ. ()C.us
RECEIVED
DCM WILMINGTON, NC
JAN 2 S 2016
Revised

Receipts for
Certified Mail
(Staple Here)
January 11, 2016
Hewett W. Lee Hrs % Reese E. Swan
PO Box 10481
Southport, NC 28461
Dear Adjacent Property:
This letter is to inform you that I, John Douglas Murray have applied for a CAMA Minor
Permit on my property at Lot 15, Block 11, S-2 Oak Island NC 28465 in Brunswick County.
As required by CAMA regulations, 1 have enclosed a copy of my permit application and
project drawing(s) as notification of my proposed project. No action is required from you or
you may sign and return the enclosed no objection form. If you have any questions or
comments about my proposed project, please contact me at [phone], or by mail at
the address listed below. If you wish to file written comments or objections with the Town of
Oak Island CAMA Minor Permit Program, you may submit them to:
Donna F. Colemam
Local Permit Officer for the Town of Oak Island
4601 E. Oak Island Dr.
Oak Island, NC 28465
inc ely'�
John D. Murray
514 Market Street
Wilmington, NC 28401
RECEIVED
DCM WILMINGTON, NC
JAN 2 8 2016
U.S.
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ADJACENT RIPARIAN PROPERTY OWNER
STATEMENT FOR CAMA MINOR PERMITS
I hereby certify that I own property adjacent to John Murray's property located at Lot 15, Block 11, S-2
Oak Island NC 28465 in Brunswick County on the Atlantic Ocean, in Oak Island, N.C.
He has described to me as shown in the attached application and project drawing(s), the development
he is proposing at that location, and, I have no objections to his proposal.
(APPLICATION AND DRAWING OF PROPOSED DEVELOPMENT ATTACHED)
Signature
Print or Type Name
Telephone Number
Date
RECEIVED
DCM WILMINGTON, NC
JAN 2 8 2016

Appointment of Authorized Agent
CAMA Minor Permit Application
I, James Winton Murray, an owner of the property located at Lot-14 Block-11 S-2 and Lot 15, Block-
11 S-2 Oak Island NC 28465 subject to the Application of a CAMA Minor Permit, do hereby appoint
John Douglas Murray, as my authorized agent regarding this application, to provide testimony and
evidence and respond to testimony and evidence on my behalf and to represent me regarding this
application.
� lam_ G�/�.�,--_ �'7.t.r.-,�-- / z • 2 3 -1 S
Property Owner Signature Date
hers!rtk County, North Carolina
I certify that the following person(s) appeared before me this day, each acknowledging to me that he
or she signed the foregoing document:
Date: ROMONA W OWENS
Notary Public
Notary��— Forsyth Co., North Carolina
y Commisslon Expires Mar. 39, 2919
My commiss on expires:
(-�t• 20 -Z,
Authorized Agent Signatures Date
1V6W (4 6AM A' County, North Carolina
I certify that the following person(s) appeared before me this day, each acknowledging to me that he
or she signed the foregoing document:
Date:
Notary Public
My commission expires:
Catherine H. Beaman j
NOTARY PUBLIC
New Hanover County, NC
RECEIVED
DCM WILMINGTON,'NC
JAN 2 S 2016

514 Market Street, Wilmington NC 28401
phone [phone] jar 910.762.8506
. H , , , , , , www.bmhemh.com
January 13, 2016
Ms. Donna F. Coleman
Local Permit Officer for the Town of Oak Island
PO Box 10481
Southport, NC 28461
Re: CAMA Minor Permit
Dear Ms. Coleman:
a�eYien
1�19�I�
Please find enclosed the required information for the CAMA Minor Permit, including certified
mail receipt for the adjacent property owner, for Lot 15, Block 11, S-2, Oak Island, North
Carolina 28465. y`q q E , %,1,,
Please let me know if you need further information.
Sinc y
N MURRAY HEMINGWAY ARCHITECTS
John D. Murray, AIA
JM/cb
Attachments: General Information
Site Drawing/Application Checklist
Letter to Adjacent Property Owner
Adjacent Riparian Property Owner Statement
AEC Hazard Notice
Before You Build
Appointment of Authorized Agent
Survey Map, Sheet A1.00, Sheet A2.00
RECEIVED
DCM WILMINGTON, NC
JAN 2 8 2016

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CALCULATIONS - FOOTPRINT AREA
HOUSE (FOOTPRINT AREA) 1740 SQUARE FEET
CONCRETE DRIVEWAY 2785 SQUARE FEET
LOT 13
(HEWETTW. LEE
I REESE, E. SWAN)
5 6 7 8 T2 12 11 10 9 8 7 6
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FIRST LINE I; I! J I I I I r-
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PLAN FOOTAGE TOTALS
GROUND LEVEL
200 SQ. FT.
SECOND FLR. LEVEL
1280.HTG. SQ. FT.
SEC. FLR. GOV. FRONT DECK
64 SQ. FT.
SEC. FUR. OPEN FRONT DECKS
176 SQ. FT.
SEC. FUR. COV. REAR DECK
113 SQ. FT.
SEC. FUR. OPEN REAR DECK
187 - SQ. FT.
THIRD FUR. LEVEL
1264 HTG. SO. FT.
THIRD FUR. OPEN FRONT DECKS 176 SO. FT.
THIRD FUR. REAR COV. DECK
113 SQ. FT.
THIRD FLR.4REAR OPEN DECK
187 SO. FT:
HEATED TOTAL
2464 HTG. SO. FT. '
OVERALL
3680 SQ. FT.
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IMPERVEOUS FOOTAGES
HOUSE FOOTAGE 1377SQ. FT.
CONCRETE DRIVEWAY 1.1548 SQ. FT.
TOTAL IMPERVEOUS 2925 SQ. FT.
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PLAN NORTH-