OI_16-14_DENIAL

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3/08/2016
SENT VIA E-MAIL
RETURN RECEIPT REQUESTED
Mark Davenport
300 Carbonton Rd.
Sanford, NC 27330
RE: DENIAL OF CAMA MINOR DEVELOPMENT PERMIT
APPLICATION NUMBER- 01 16.14
PROJECT ADDRESS- 6617 W. Beach Dr.
Dear Mr. Davenport:
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 build a single family residence seaward of the first
line of vegetation 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 §150B of General Statues of North Carolina, and must be filed with the Office of J ��
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 JiNGTON, NC
require. MAR 6 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,
C!.�r mf
Donna F. Coleman, LPO
Town of Oak Island
cc: Holley Snider Wilmington-DCM
DCM WILMINGTON, NC
MAR 0 8 2016

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: Holley Snider Wilmington-DCM
DCltif VViLMINGTON, NC;
MAR 0 8:206

Locality C)ak-- Mblanl Permit Number OZ I (o—t(4
Ocean Humid _?_0' Estuarine Shoreline_ LEW Shoreline —Public Tnisl Shoreline_ Oiher iiH.
(14rr nflarial usu ,oh)
GENERAL INFORMATION
LAND OWNER
Nion, , Mark Davenport
Address 300 Carbonhan rd
City airman Stele m Zip. vacm phone 91&7"14
Email [e-mail]
AIITHORIZEDAGENT
City
State Zip —Phone
LOCATION OF PROJECT: (Askew, ammuname "or directions to site. If rat oceanfront. what u the name of the
adjacent vatubody.) 6817 Wam Beach OR, Oak Is" NC
DESCRIPTION OF PROJECT: (List all proposed construction and land dishnbance) Rebdld hour on sanm fwlprint
SIZE OF LOT/PARCEL: 10454 square feet .24 from.
PROPOSED USE: Residential [Z] (Single-family Malti-family Q) CommercialMdustrial [] Other
COMPLETE EITHER (1) OR (2) BELOW (Contadynar Loral Powsdt 0.0ke,,ifyrou arc mot sure which AECappfies
0), urpropertyl:
(1)OCEAN HAZARD AEC.: TOTAL FLOORAREA OF PROPOSED STRUCTURE: 3001 squmefeetpndudes
air conditioned living space• parking elevated above ground level, tonconditioned space elevated above ground level but
excluding awn -load -bearing attic space)
(2) COASTAL SHORELINE AP.C,: SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT
UPON SURFACES. — square fed (includes the men of the roof/drip line of all buildings driveways, covered decks,
condete or immunity patios, etcthin we within the applicable AEC. Attach your calculations with the proem drawing.)
STATE STORMWATER MANAGEMENT PERMIT. Is the projes4 located in as area subject to a Stale Stmmwater
Management Peron sued by the NC Division of Water Quality?
YP.S= NC
If yes, list the total built upon arWimpervious surface allowed for your lol d parcel: aquae fern.
RECEIVED
DCM WILMINGTON, NC
FEB 1 7 2016
OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA
minor i1cwtopment permit, including, but not limited to: Drinking Water Well, Septic Tank (or other sanitary waste
treatment system), Building, Electrical, Plumbing. Hating and Air Conditioning, Insulation and Energy Conservation, FIA
Certification, Sand Dome, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway Connecti m, and
others. Check with your Local Permit Officer for more infornaflmr
STATEMENT OF OWNERSHIP:
1, the undersigned, am applicant for a CAMA minor development (aeon, being either the owner of property in an AEC or a
person wthdtzed to am as an agent for purpose., 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
1dess�clribed as: (chock one)
vi_(an owner or record title. Title is vested in Mr*.k OMRIV? 't ee Dd Book 3410
page 0421 in the brrnswick County Registry of Deeds.
IIan owner by virtue of inheritance. Applicant is an heir to the estate of
pmtime was in Cowry.
Df athd interest, such as within contract or lease, ceplam below Or use a separate ,beet & Much to this application.
NOTIFICATION OFADJACENT PROPERTY OWNERS:
1 furthermore certify that the following persons are owners of pmperties adjoining this property. I affi® that I have groan
ACTUAL NOTICE to cad of them concerning my intent to develop tlus putputy, mid to apply for a CAMA permit.
(Name) (Address)
(1) Barry Golob 10820 Hob Nail court, PotomaC, Maryland 20845
(2) David Lite 10924 Sycamore Club Dr, Mint H91 NC 28227
(3) _..._...___.....
(4)
ACKNOWLEDGEMENTS:
1, the undersigned, acknowledge that the land owed is aware that the proposed development is planned for an area which
may be susceptible to erosion and or flooding. 1 acknowledge that the Local Pannit Officer has explained to me the Patricia -
let hazard problems assommed with this lot This (xplonamOn was accompanied by recommendations concerning stabilixa-
tion and floodproofing techniques.
I furthermore certify that I am authorized to giant, and do in fact grant. permission m Division of Coastal Management staff,
the Local Permit Officer and them agents to motor on the aforementioned Inds in connection with evaluating information
related to this permit application. '
' . �1 EThisthe ire day oft. 20�'-
to ad as
This appkodoe includes: gueral info eruchan (thajorm). a.site drawing as dieraded eon the bark ofrhis app)fcolhes. die
monarthip.statemem,, the Ocean 114ammIAEC Notice where necessaN a checkfor S100.00 made pa)nbic to ire loeali0t and
any information a, may be pmviddd Orally bythe applicant. The details ofrhe applirotian as described by these Marcos am
mcarporured without reference in on) permit which may he issasal Deviation from there details will constitute a vinlatron of
anypermit. Aaypuran developing as an AEC without permit is subject to civil, crmand and admtnuiloor emen.
2.�IColl�o

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AEC HAZARD NOTICE
Project Is In An: _ �_ Ocean Erodible Area `� High Hazard Flood Area —inlet Hazard Area
Property Owner. I
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Property Address: to -(r 1" l Lam✓ e 5 T2 G e r`i � J) r. �K SS JA✓S AJ C--
Date Lot Was Platted: L, K4\e- I otlk J
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 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 stmcturc(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
locatedis_ 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
_feet landward in a major storm.
The flood waters in a major storm are predicted to be about
AD 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.
6�4 a10)
Ap Ikant Signature ate
SPECIAL NOTE: This hazardnotice isrequired fordevelopment
in areas subject tosudden and massive stomas and erosion. Permits
issued for development in this area expire on December 31 ofthe
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 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, iffoundation pilings have been placed and substantial
progress is continuing, perrnitrenewal can be authorized. It is
unlawful to continue work after permit expiration.
For more information, contact:
1. onna Cole -
Local Permit Officer
Address
Oa ZSi n� CAL "'Ng(.Q5
Locality
NO 2.01- 90q I
Phone Number
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Davenport, Mark
From: Davenport, Mark
Sent: Friday, February 05, 2016 4:13 PM
To: Davenport, Mark
Subject: picture
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Donna, thank you very much. I will wait and see what is determined.
Thank you again for your assistance.
Mark A. Davenport
Division President
Core -Mark, Carolina
1144 Broadway Road
Sanford, N.C.27332
Email: mark.davenoort(a•core-mark.com
Phone: [phone] EXT. 1003
-----Original Message ---
From: Donna Coleman fmailto:DColeman(d)ci.oak-island.nc.usl
Sent: Tuesday, March 08, 201611:45 AM
To: Davenport, Mark; Holley Snider (hollev.snider(Mncdenr.Rov); MacPherson, Tara; Simpson, Shaun;
Steve Edwards
Subject: CAMA Minor OI 16-14 Denial
Mark,
Please find attached a copy of the CAMA Minor permit OI 16-14 denial letter and the appropriate forms
to seek a variance from the CRC.
I most cases you would be required to seek a variance from the Town of Oak Island Board of
Adjustments for relief from the front street setback.
However since the house burned down and the existing piles are in place and you propose to erect the
house on the exact same footprint, I'm not quite sure of how to proceed. I have copied DCM staff on this
e-mail and hope they can shed some light on how to proceed forward.
Donna F. Coleman, CFM
CAMA-LPO / Building Inspector
Town of Oak Island
[phone]
[phone]fax
---Original Message-----

Donna Coleman
From:
Donna Coleman
Sent:
Wednesday, February 17, 2016 8:43 AM
To:
'Davenport, Mark'
Subject:
RE: permit
Attachments:
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT FOR CAMA MINOR
PERMITS.docx
Mark,
I received your CAMA Minor Permit application in the mail yesterday. I'm missing the copies of the letters sent to the
adjacent property owners and the certified mail receipts.
Or if you can secure the adjacent owners signatures on the form I've supplied that would also work as notification. If you
have their a -mails I can accept scanned copies.
Thank you for your prompt attention in this matter.
Sincerely,
Donna F. Coleman, CFM
LAMA-LPO / Building Inspector
Town of Oak Island
[phone]
[phone]fax
From: Davenport, Mark [mailto:[e-mail])
Sent: Thursday, February 11, 2016 8:34 AM
To: Donna Coleman <[e-mail]>
Subject: permit
Donna, thank you for all your help. I think I have it all together. Where do I mail the application and $100.00 fee? Made
out to CAMA?
Thanks again.
Mark A. Davenport
Division President
Core -Mark, Carolina
1144 Broadway Road
Sanford, N.C.27332
Email: mark.davenport(@,core-mark.com
Phone: [phone] EXT. 1003
Core -Mark
RECEIVED
DCM WILMINGTON, NC
FEB 17 2016