OI_16-12_DENIAL

OF
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2/1212016
CERTIFIED MAIL • INSERT CERTIFIED MAIL # VIA EMAIL
RETURN RECEIPT REQUESTED
Mark & Kellyanne Engel
PO Box 159
Bryson City, NC 28713
RE: DENIAL OF CAMA MINOR DEVELOPMENT PERMIT
APPLICATION NUMBER- 0116.12
PROJECT ADDRESS- 6601 W. Beach Dr.
Dear Mr. & Mrs. Engel
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 add decking to an existing pool deck which is
seaward of the 1998 static vegetation line and is inconsistent with 15A NCAC 07H .0309(a)(3).
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-C E I V E D
of this letter. Please contact me so I can provide you with the proper forms and any other information you may I LMINGTON, NC
require.
FEB 1 8 2016
4601 E. Oak Island Drive • Oak Island, North Carolina 28465
Phone: [phone] • Fax: [phone] • Website: www.oakislandnc.com

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,
Donna F. Coleman, LPO
Town of Oak Island
cc: Sean Ferrell Wilmington-DCM
RECEIVED
DCM WILMINGTON, NC
FEB 1 8 2016

n-r I _ 10A
GENERAL INFORMATION
LAND OWNER �j RECEIVED
Name: Mark A. Engel and Kellyanne K. Engel
Address: P. O. Box 159
City: Bryson City State: NC Zip: 28713 Phone: [phone]
AUTHORIZED AGENT
Name: Gary S. Lawrence
Address: P. O. Box 11369
City: Southport State: NC Zip: 28461 Phone: [phone]
LOCATION OF PROJECT: (Address, street name and/or directions to site. If not oceanfront, what is the name of the
adjacent waterbody.) 6601 W. Beach Dr., Oak Island, NC 28465; Adjacent to Atlantic Ocean
DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) There is a wooden deck South
East of residence that contained a small pool. Plan to board up the hole left when pool moved.
SIZE OF LOT/PARCEL:11,250quare feet 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): square feet (includes air 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 BUII.TUPON SURFACES: 176 square feet (includes the area of the root7drip 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:
X (I)within 75 feet of Normal Mgh 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.

OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits otter than die 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 CAIAA 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) Mark & Kellyanne Engel
an owner or record title, Title is vested in see Deed Book 3518
page 1382 in the BrunsQ 6okty 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 OFADJACENT 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) BSB Resort Properties, LLC; 945 Sugar Maple Lane, Harrisonburg, VA 22801
(2) Ruth Bamford & Mary Watkins; 12 Greenside Court, Durham, NC 27707
(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 floodprooftng 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 21Stday of Jan. , 20 16
T La owner or person authorized to act as his agent
for purpose of filing a CAMA permit application
Gary S. Lawrence
Attorney for Landowner
P.O. Box 11369, Southport, NC 28461
[phone]

AEC HAZARD NOTICE
Project Is In An: Ocean Erodible Area High Hazard Flood Area Inlet Hazard Area
Property Owner: Mark & Kellyanne Engel
Property Address: 6601 W. Beach Drive, Oak Island, NC 28465
Date Lot Was Platted:
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 HazardNotice 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 strictures be
relocated or dismantled ifthey become imminently threatened by
changes in shoreline configuration. The structures) 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 -tern
average ocean erosion rate for the area where your property is
locatedis 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
i S feet landward in a major storm.
The flood waters in a major storm are predicted to be about
_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.
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 December31 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. lftheproperty 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 ofa 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, iffoundation pilings have been placed and substantial
progress is continuing, permit renewal can be authorized. It is
unlawful to continue work after permitexpimtion.
For more information, contact.,
LJorsr lA F- Coleman
Local Permit Officer
4(cioI E, Oak Tsfanc� �R
Address
Locality
(9lo) adt- So49
Phone Number
deolerv,an@ C.i. oak-lsl�nd. nc.u5
Applicant Signature Dale
Gary S. Lawrence, Attorney for landowner
Revised

GENERAL STRUCTURAL NOTES:
1. ALL WORK SHALL BE COMPLETED IN ACCORDANCE WITH
THE 2012 NORTH CAROLINA RESIDENTIAL BUILDING CODE.
REFER TO APPENDIX M - WOOD DECKS.
2. ALL EXISTING CONDITIONS TO BE VERIFIED PRIOR TO
CONSTRUCTION.
3. DESIGN LOAD: LIVE - 40 PSF
HOT TUB - 100 PSF (84" X 84" - 370 GAL)
4. ALL EXTERIOR MATERIALS SHALL BE SUITABLE FOR USE IN
EXTERIOR ENVIRONMENT.
5. EXISTING JOIST, HEADER AND PILE FRAMING TO REMAIN,
EXCEPT AS NOTED.
6. PROVIDE TEMPORARY SUPPORT OF EXISTING DECK
FRAMING AS REQUIRED.
7. NEW/REPLACEMENT FRAMING TO BE TREATED #2 SYP OR
BETTER.
8. RAILING FRAMING NOT SHOWN FOR CLARITY. ALL
RAILINGS TO BE REMOVED FOR CONSTRUCTION, STORED,
SALVAGED AND PUT BACK PRIOR TO COMPLETION.
9. PARALAM BEAMS TO BE CONTINUOUS (NO SPLICE).
ATTACH PARALAM BEAMS TO ALL EXISTING PILES WITH A
MINIMUM OF (2) 3/4" DIA GALVANIZED THROUGH BOLTS AT
EACH PILE.
10. ATTACH ALL NEW 2X10 FRAMING WITH GALVANIZED JOIST
HANGERS AND LEDGER BOARDS WITH STAINLESS STEEL
FASTENERS.
11. REPAIR ANY ADJACENT DETERIORATED FRAMING AS
REQUIRED.
�N �ARp",%
3
Gam: 2• 9•�
:a SEAL �•
16573 9
PROPOSED POOL REMOVAL - DECK REPLACEMENT - 6601 WEST BEACH DRIVE ?0 RECEIVED I 2 OF 2

0
l7
io
7'-&'
RAILINGS NOT SHOWN FOR
CLARITY - SEE GENERAL
C/LNEW HOT TUB STRUCTURAL NOTES
KISTING FRAMING AND PILING TO REMAIN
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r
CONTROLLED ACCESS(
Ill
- IIII
111
iu I
II
I EXIST FRAMING
ul
BE REMOVED Cr
3 1/2 11 -7/8-FARALLAM-
---
3'-0• I IN -FILL WITH NEW TREATED 2X10 @ 16" = 20'4"
PLAN VIEW
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w
ACCESS TO HOUSE
EXIST F/G POOL
SHELL TO BE
REMOVED
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16573 W
PROPOSED POOL REMOVAL - DECK REPLACEMENT - 6601 WEST BEACH DRIVE �O RECEIVED 1 OF 2
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03VI333A .�, ,;:

AGENT AUTHORIZATION FOR LAMA PERMIT APPLICATION
Name of Property OwnerApplying for Permit: Mark A. Engel and Kellyanne K. Engel
Mailing address: P. O.'Box 159
Bryson City, NC 28461
Phone Number: 828-507-4107
I certify that I have authorized Gary S. Lawrence,
Agent./ Contractpr
to act on my behalf, for the purpose of applying and obtaining all CAMA permits
necessary for the proposed covering a hole in our existing deck where A swimming pool
was. The deck will not be, increased, just decking over the hole.
at my property located at 6601 W. Beach Drive, Oak Island, - NC 28465
Brunswick County.
This certification is valid through January 1, 2017
Date
(Property Owner Information)
Sign8hj
Mark A. Engel
Print or Type Name
Landowner
Title
January 21, 2015
Date
828-6074107
Phone Number
markengel@iiv,e.com
Email Address

"°(OdmesVb Mail,Qnl
F& delimdy lnformauv
Certlfied Fee
rl '
�aO Retum Receipt Fee
O (Endorsement Required)
BSB Resort Pro erties, LLC Restrcted DelNery Fes
P o (Entlorsement Required)
Adjacent Property Owner � TOW Postage &Fees
945 Sugar Maple Lane o L-
Mailing AddressHarrisonburg, VA 22801 M1 o1PayCity, State, Zip Code
DearAdjacent
Property:
KI
This letter is to inform you that], Mark & Kellyanne Engel have applied for a CAMA Minor
Property Owner
Permit on my property at 6601 W. Beach Drive, Oak Island, NC 28465 in Brunswick
Property Address
County. As required by CAMA regulations, I 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 meat 828-507-4107
Applicant's Telephone
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. Coleman
Local Permit Officer for the Town of Oak Island
4601 E. Oak Island Dr.
Oak Island, NC 28465
Sincerely,
Mark & Kellyanne Engel
Property Owner
P. O. Box 1579
Mailing Address
Bryson City, NC 28713
City, State, Zip Code

ADJACENT RIPARIAN PROPERTY OWNER
STATEMENT FOR CAMA MINOR PERMITS
I hereby certify that I own property adjacent to Mark & Kellyanne Engel -IS
(Name of Property Owner)
property located at 6601 W. Beach Drive, Oak Island, NC 28465
Address, Lot, Block, Road, etc.)
on Atlantic Ocean In Oak Island N.C.
(Waterbody) (Town and/or County)
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.
Signature
BSB Resort Properties, LLC
Print or Type Name
Telephone Number

ate
Ruth Bamford & Mary Watkins
Adjacent Property Owner
12 Greenside Court
Mailing Address
Durham, NC 27707
City, State, Zip Code
Dear Adjacent Property:
III
r-
u 0 F C
r
ru Postage $ W
0
Er certified Fee
ra Retum Receipt Fee
M(Endorsement Required)
O Restricted Delivery Fee
(Endorsement Required)
a Toted Postage & Fees $
Lr)
0
Sent To
2VYl�OYG�
C3 " 'tar
O or PO Bo:rNa. ley T'
ry Fri7
710� A
This letter is to inform you that I, Mark & Kellyanne Engel have applied for a CAMA Minor
Property Owner
Permit on my property at 6601 W. Beach Drive, Oak Island, NC 28465 in Brunswick
PropertyAddress
County. As required by CAMA regulations, I 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 828-507-4107
ApplicanPs Telephone
,or by mail at the address listed below. If you wish to
file written comments cr objections with the Town of Oak Island CAMA Minor Permit Program, you may submit
them to:
Donna F. Coleman
Local Permit Officer for the Town of Oak Island
4601 E. Oak Island Dr.
Oak Island, NC 28465
Sincerely,
Mark & Kellyanne Engel
Property Owner
P. O. Box 1579
Mailing Address
Bryson City, NC 28713
City, State, Zip Code

ADJACENT RIPARIAN PROPERTY OWNER
STATEMENT FOR CAMA MINOR PERMITS
I hereby certify that I own property adjacent to Mark & Kellyanne Is
(Name of Property Owner)
property located at 6601 W. Beach Drive, Oak Island, NC 28465
on Atlantic Ocean
(Waterbody)
Address, Lot, Block, Road, etc.)
. in Oak Island
(Town and/or County)
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.
igna ure
Ruth Bamford
Telephone um er
Signature
Mary Watkins
Print or Type Name
Telephone Number
Date Date

Simpson, Shaun
From:
Simpson, Shaun
Sent:
Friday, February 26, 2016 3:53 PM
To:
Simpson, Shaun
Cc:
Farrell, Sean C
Subject:
App Date: OI 16-12 Engle
Categories: LPO
Donna,
I did not realize you'd sent denial letters to Holley. Make sure to cc me; I needs to be in the loop! Oh, and do you have
record of when Sean or Tara picked up this application? Your date -stamp has 1/29, but it never got a DCM date -
stamp. Since it's going to be a Variance, I want to make sure I'm accurate.
Thanks,
Shaun
Shaun Simpson
Permit Support & Customer service
NC Deportment of Environmental Quality
NC Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC28405
Phone:[phone]
Shaun. Simpson @ncdencgov
Nothing Compares
E-mail correspondence to and from this address
may be subject to the North Carolina Public
Records Caw and may be disclosed to third parties.
From: Simpson, Shaun
Sent: Friday, February 26, 2016 3:38 PM '
To:'coleman, donna' ([e-mail]) <[e-mail]>
Cc: Sean Farrell <[e-mail]>; Snider, Holley <[e-mail]>
Subject: RE: Engel Variance
Donna,
Can you please send me the Denial Letter for 16-12, Mark Engle / 6601 Beach Dr? It looks like a Variance is being
requested so I want to have a complete file.
Thanks,
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.Simason @ncdenr.gov
Nothing Compares
E-mail correspondence to and from this address
may be subject to the North Carolina Public
Records taw and may be disclosed to third parties.