HomeMy WebLinkAboutNH_17-13_RobinsonNew Hanover County 17.13
Local Government CAMA Permit Number
MINOR DEVELOPMENT
PERMIT 1C.
Coastal Management
t. V,Po4MEHTAI O.AIM
as authorized try the State of North Carolina, Department of Environmental Quality
and the Coastal Resources Commission for development in an area of environmental
Concern pursuant to Section 113A-118 of the General Statutes, mCoastal Area Management"
Issued to Matthew & Jill Robinson, authorizing development in the Estuarine Shoreline (AEC) at 17227 Masonboro Sound
Road Way in Wilmington, New Hanover County, as requested in the permittee's application, dated January March 24,
2017. This permit, issued on April 12, 2017, 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 drip through deck and associated landscaping. The remaining area of the
proposed dwelling is outside of the Estuarine Shoreline AEC.
(1) All proposed development and associated construction must be done in accordance with the pennitted work plat
drawings(s) dated received on March 24, 2017.
(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) 789-7116 for a final
inspection at completion of work.
(Additional Permit Conditions on Page 2)
This permit must be on the protect site and accessible to the permit, officer when
the project ''s inspected for compliance. Any maintenance work or project
modification not covered under this penniL require further written permit
approval. All work must cease when :his permit expires on
tiafill E� it%ll.
In issuing this permit It Is agreed that this project is consis'snt with the local Land
Use Plan and all applicable ordinances. This permit may not be transferred to
another paJ withod the written approval of the Division of Coastal
reanagement
'�L' �- met '_
Linda E. Painter
CAMA LOCAL PERMIT OFFICIAL
230 Govemment Center Drive. Suite 110
Wilmington, NC 28403
REC;It- IVED
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(Signature required if conditions above appplIM trait)
Name: Virginia & Stanley Hollingsworth
Minor Permit # 17.01
Date: January 31, 2017
Page 2
(5) The amount of impervious surface shall not exceed 30% of the lot area within 75 feet of Nomral High Water
(Estuarine Shoreline Area of Environmental Concern), in this case, no new impervious is authorized.
(6) Unless specifically allowed in 15A NCAC 07H. 0209(d)(10), and shown on the permitted plan drawing, all
developmenticonstruction shall be located a distance of 30 feet landward of Normal High Water. No portion of the
roof overhang shall encroach into the 30 ft. buffer.
(7) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective
sedimentation and erosion control measures. Prior to any land -disturbing activities, a banner line of filter cloth must
be installed between the land disturbing activity and the adjacent marsh or water areas, until such time as the area
has been properly stabilized with a vegetative cover.
(8) Any proposed for grading within the 30' buffer from the Normal High Water must be contoured to prevent additional
stormwater runoff to the adjacent marsh. This area shall be immediately vegetatively stabilized, and must remain in
a vegetated state.
(9) All other disturbed areas shall be vegetatively stabil'¢ed (planted and mulched) within 14 days of construction
completion.
SIGNATURE:
PERMITTEE
DATE:
RECEIVED
DCM WILMINGTON, NC
APR 12 2017
Penntt Number 4
Ocean llward Estuarine Shoreltne� ORW Shoreline _,. Public Trust Shorehnc„_,�,.,�. Other
rFor ulficic i use onft
LAND OWNER
Name 9 oL%,w dr� �Ti i I 'Rhbin S/or)
Address 171�MQS011�o 5oLt l A 12a.
City \t'll1minatein State C _ Zip2M9_ Phone q70. 420.5 %6J
AUTHORIZED AGENT
Address A-701 WiQ Itlf. _7 T`I(�iQ 2 JuitG 2iii
City ll.6111mMo4on State NC _ Zip264 31'hone q1b, 397• 1961 _
LOCATION OF PROJECT: (Address, street name and/or directions to site. If not oceanfront, wha isthename of the
adjacentwaterbody.) `�?� �Mb SNka � W i IVv%ir,o�ivtl) HG 2e 97H tetl5 �`Y _eK
DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) Ntw, tlz t5 dyVf 11ita Dr,
Pi
SIZE OF LOTIPARCEY : 115, Qi4O square feet 61q I5 acres
PROPOSED USE: Residential (Single-family Multi -family Q) Commercial/Industrial ❑ Other ❑
COMPLETE EITHER (1) OR (2) BELOW (Contact your Local Permit Officer ifyou are not sure which AEC applies
to your property):
(1) OCEAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE: 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)
(2) COASTAL SHORELINE AECs: SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT
UPON SURFACES: 3 M 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.)
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 MAYBE REQUIRED: The activity you are planning may require pennits other than the CAMA
minor development permit, including, but not limited to: Drinking Water Well, Septic Tank (or other sanitary waste
treatment system), Building, Electrical, Plumbing, Heating and Air Conditioning. insulation and Energy Conservation, F IA
Certification, Sand Dune, Sediment Control, Subdivision Approval. Mobile Home Park Approval, Highway Connection, and
others. Check with your Local Permit Officer for more iufonnation.
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 LAMA minor development permit, certify that the person
listed as landowner on this application has a significant interest in the real property described therein. This intemst can be
described as: (check one)
an owner or record title, Title is vested in inQMtlhl 1, E;%j M.72o6iMah , see Deed Book
page l f p5� in the NLU dLiolet' County Registry of Deeds.
an owner by virtue of inheritance. Applicant is an heir to the estate of = - r'-
probate was in County.
_if other interest, such as written contract or lease, explain below or use a separate sheet S attach to this application.
NOTIFICATION OF ADJACENT PROPERTY OWNERS: _O
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)
(2 )
(3)
(4)
ACKNOWLEDGEMENTS:
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 of Coastal Management staff,
the Local Permit Officer and their agents to cuter on the aforementioned lands in connection with evaluating information
related to this permit
This the — 4 1 day of gafa , 20
to act as his/her agent for purpose of filing a CAMA permit application
This application includes: general information (this form), a site drawing as described on the back of thAr upplication, the
ownership statement, the Ocean 11acardAECNotice where necessurs: a c•lreckfior $100.(10 madeixn•crhle to tite localih: and
o)ry lnfornration as men, he prmrided oratly by the applicant. The details (V'the cg)plication as described by these sources are
incurpor ated without reference in ary permit which nrcn• he issued. Deviation fmm these detcrits will co» s( Grte a violation of
airy pennit. Any person developing in an AEC without permit is subiect to cis•it, crirrrina! and nehninienrnire action.
Name of Property Owner Requesting Perrtut mdwww agar nowoon
�VTTFPIT,
F.
I oertify that I have authorized orari.e6
Agard i Coetractnr
to act on my behalf for the purpose of applying for and obtalning all CAMA permits
neoessary for the following proposed development: _8sfattinaseu.tx5�s awAaF,a
in N wHamvar County.
1 furthemiom car* that 1 am authorized to grant, and do in fact grant permission to
Dvlslan 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.
hoporty Owoor Idomwtlon:
8lgrtat"
c efa5. r. i....• ••
Date
Tha certifIcatior is valid through
DGM WILMINGTON. NC
-MAR 282017
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Dear Adt3pe
This letter is
Permit on my propal at
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1, 4 a i have aped for a CAMA Minor
Property Owner \\
•- r t`n[J3YtYm[0 uv�ri mod. 7myproposed
L , in NewProperty Address
regulations, I have enclosed a ropy of my ption an roject
roposed project. No action is required frommay sign
If have any questions or comments abproject,
q or by mail at the address listed below. If you wish
2 t 2017
Applicant's Telepho NEW AN UER COUNTY
file written comments orobjectionswiththe N Hanover County CAMAMinorPermitProgram,y oLA SIN &ZONING
them to:
t Permit C(ii er for New Hanover County
Government Center Drive, Suite 110
tARf nkoon, NC 2UM
Sincerely,
n71.
City, Stale, Zip Code
PiN
R06700-002-025-W
Issued To: SWIFT, ROBERT
NEW HANOVER COUNTY
ENVIRONMENTAL HEALTH
230 GOVERNMENT CENTER DRIVE, SUITE 140
WILDIINGTON, NC 28403
TELEPHONE (910) 7994"7, FAX (9rf1).798-7269
0
IMPROVEMENT PERMIT
(A baddhtgpnwit cmmot be itumdwith onlyan hnp Warn Permit)
(EW(ra,frve(5)wmsfro date of into MA,.
❑ Expansion ■ New
❑ Repair
NEN.1 •;
Property Location: 7227 MASONBORO SOUND RD
Type of Structure: SFD Type of Wastewater System: Vd
Permit Number
ON0663599
File Number
18210
Type of Water Supply: NEW WELL Projected Daily Flow: 480 GPD
Number of Bedrooms: 4 Number of Employees: Number of Fixtures: _ Total Sq. Ft Bldg.: Max # of Seats:
lump Required: ■ Yes ❑ No ❑ May be required based upon final location and elevations of facilities.
;tle IMPmvemeula t0t1ted Pitt to COMMM a Ashamlim Demme:
luthorized State Agent:
Date: 04/29/2016 See Attached Sit• Sketch
lieiasrmeriojtldspermrN6y a ewAorovoCprutyAerddrDgtermrnYlwrowaygsnmmgerstheBwtanceofagterpermits TheperadtAoWe'
herxFatg wgh gppropsia[grrrsneugbodia G eteedtq thelrrequbemrnts Thu sire is subject to revocation ifihe site pion, plat, ar the tneended use ohonge �ReJm
mprov nt PermilAail not be qffeded by drmrge in the ownership of the sire This permit u subJect to compliance with the provirians ojthe lmvr and h m
''wage Treame landDispawlandroeondaianrofthapermit. J
Censtruetien Ar'tMrivstign
(Reoutred & Building Pe w (L i' V E U
h ettulntco-and bnmllatton requeemenis ofRuks. 1950, .1952, .195d, .1596..1957, .1958, and .1959 are inew pointed byrrfanmx OrtgMtspifrit�a ' }�yy%Qjjietj�f (J`
rmms shall be mulled in acourdnnce wdh the mladwdspwnt hymn.
isued To: SWIFT, ROBERT
'roperty Location: 7227 MASONBORO SOUND RD
iv,Ak 2 4 1bl i
'acility Type: SFD ❑ Expansion ■ New ❑ Repair Basement Fixtures: ❑
'ype of Wastewater System: Vd (Initial) Proposed # of Bedrooms: 4 Repair: Vd
astaila ion ReguiLemallitCozifiUm
eptic Tank Size: 1.000 gallons Wastewater Flow: 490 GPD
otal Trench Length: N/A ft Bed Sq. Ft.: 30(L) x 12(W) = 360 Pump Tank Size: 1,000 gallons
reaches shall be installed on contour at a Maximum Trench Spacing: Feet on Center
French bottoms shall be level to +/_= 114"in all directions) Trench Depth of: 8 inches
M&hom: TYPE A PEAT SYSTEM WITH FOUR (4) PODS ON 12' )P30' GRAVEL BED AND 8" TRENCH BOT70M.INSTA[L PER MANUFACTURER RECOMMENDATIONS, SEE
TE PLAN FOR SYSTEM LOCATION. MAINTAIN MIN. Sty FROM ALL pp OPDSED AND EXISTING WELLS. MAINTAIN MIN. la FROM ALL PROPOSED AND EXISTING
ATER LINES. MAINTAIN MIN. 5 FROM ALL STRUCTURES. MAINTAIN MIN. 5' FROM PROPERTY LINES. IF SEPTIC SUPPLY LINE RUNS UNDER DRIVEWAY, IT S}IAIA. BE
:STALLED IN ACCORDANCE WITH ISA NCAC 18A 1950 (c) AND 15A NCAC 18A J955 (e).
' 1f'ppneable l andrr imnd the joe m rjpe sp'e(#uti, rent rypr don rhr Bean tacce r the p specfcaltow oflhtspermit.
wner/Legal Representative Signature: Date:
Us Conrtructon Authorization is subject to rev tion f the site plan, plat, or the intended use changes. The CmsftWdOnAulhoriralim shall not be tra"*md
pen there is a change in ownership lhusir' is Construction Authmi allm u subject io comphtmce Ivhh the provisions of dm Laws nxd RuksforSewage
romenr and Dispcoal and to the o is it.
uthorized State Agent: Date of Issuance: 04/29/2016 Date of Expiration: 04/29/2021
"Healthy People, Healthy Environment, Healthy Community" See Attached 51t Sk"
NEW HANOVER COUNTY
ENVIRONMENTAL HEALTH
230 GOVERNMENT CENTER DRIVE, SUITE 140
WU,N IIVGTON, NC 28403
TELEPHONE (910) 798-6667, FAX (910) 798-7269
T
Well Permit Number: WP0018210
Lot Size 7.38 ACRES (Expires Five (5) Years From Date of Issue) File No.19ZE
New 0 Repair Replacement 0 Abandonment ❑ PIN No. R0670000202SO00
On -Site Wastewater System a Public Sewer Service ❑ Other ❑NL "_)o'
JOB ADDRESS/LOCATION 7227 MASONBORO SOUND Rd
Applicants Name SWIFT, ROBERT Phone Cell Phone 910-612-6973
Address 116 COQUINA DRIVE City WILMINGTON State NC Zip Code 28411
Owner's Name ROBINSON, MATTHEW & JILL Phone
Address 6039 WILD VIEW DR City FORT COLLINS
Cell Phone 970-420-5765
State CO Zip Code 80S28
Use Number of Number of Service Number of
Bedrooms 4 Connections 1 Employees N/A
occ awumparryniv she plan Tor wen location and further conditions and/or contingencies applicable to this Well Permit. No
changes) in location or specifications shall be made without prior NHC Health Department approval.
Applicant/contractor/owner shall fully comply with all applicable focal, state and federal laws, ordinances, regulations, rules, etc
Domestic use of water from this well Is prohibited until it is demonstrated potable through appropriate laboratory sampling,
analyses and results. Issuance of a Well Permit by NHC Health Department does not necessarily mean that a structure(s) or
use of the well meets zoning and/or other land use regulations- If you are in doubt about zoning and/or other land use
regulations, then you are advised to promptly contact a representative of the NHC Planning Department at 910-798-7185.
Minimum horizontal separation between a well, Intended for a single family residence or other non public water system entl: •Septic tank end drain field - 100 ft. •Other subsurface ground absorption waste disposal system - 100 ft -industrial or municipal sludge spreading or wastewater Irrigation sites- 100 ft -water
tight sewage or liquid waste collection or transfer facgfty-- 50 ft -Other sewage and liquid waste collection or trarrefx facility -- 100 ft •Cesspools and privies --
treatment or disposal lagoons - 100 ft -Sanitary landfills - 500 ft •Other non hazardous solid waste landfills, such as Land Clearing end Inert Debris (Cale)
landfills - 100 ft -Animal barns -- too ft. •6uading perimeters, "eluding the foundation of a structure housing the wel! head -- n ft -Surface water bodies
which act as sources of groundwater recharge, such as ponds, lakes and reservoirs - 5o ft -All other surface water bodies, such as brooks, creeks, streams,
rivers, sounds, bays and tidal estuaries - 25 ft. -Chemical or petroleum fuel underground storage tanks regulated under 15A NCAC 02N: with secondary
containment - 50 ft; without secondary containment - 100 ft •Above ground or underground storage tanks which contain petroleum fuels used for heating
equipment, boilers or fumaces - 50 ft. • Ail other potential sources of groundwater contamination - 50 fL
: wastewater connection shall be clearly marked prior to
g well; schedule a grout inspection by calling 910-798-M7;
construct a sample tap at least 12-inches above the ground surface
(down4Umed, non -threaded); all plumbing shall be connected before
scheduling a well Inspection and water sampling; CONSTRUCT WELL
IN ACCORDANCE WITH 2C RULES AND WELL VARIANCE
'APPROVAL WWM535. MAINTAIN MIN. 50' FROM ALL PROPOSED
AND EXISTING SEPTIC SYSTEM COMPONENTS. MAINTAIN MIN,
10.6T FROM PROPOSED DWELLING. MAINTAIN MIN. 26 FROM ALL
OTHER PROPOSED AND EXISTING STRUCTURES.
AUDIkilaMii r: I Nearby certify appplleation has been prepared
and work will be done In accordance with 11 local, state and
federal laws, ordiT77,
Signed/Date lee c
Well Permit Issue n
(Name/Date)
MAR 2 4 ?017
DEPARTMENT ItsON Y
ConstructiorgL.ocati on
(Name/Date):
Grout Inspection
(Name/Date):
"Healthy People, Healthy Environment, Healthy Community^
0
North Carolina Department of Health and Human Services
Division of Public Health
Pat McCrory
Governor
Onsite Water Protection Branch
April 28, 2016
Matthew 8t Jill Robinson
6039 Wild View Dr.
Fort Collins, CO 80528
RE: Approval No.WWM635
New Well Located Less than 25' to Building Perimeter
—Rule 15A NCAC 2C .0107(a)(2)(M)
7227 Maaonboro Sound Rd.
Wilmington, NC 28409
Richard O. Brajer
Secretary
�, C7EI Daniel Staley
j%�%j' jpl�ision Director
4AR 2 4 2017
NEW �^tNHANOVER ZONING
On April 27, 2016, the On -Site Water Protection Branch received your request for a variance to rile 15A NCAC 2C.0107(ax2)(M) to
allow a new private drinking water well to be installed less than the 25' to building perimeters on your property.
Based upon information provided by the New Hanover County Environmental Health Department and the property owner, it is my
finding that based on current conditions as the site exists today, as well as the current location of septic systems, property lines, and
wetland easements, you meet the conditions necessary for approval of a variance as specified by 15A NCAC 2C .0118 (a) (1) and (2).
On that basis and provided that the following conditions are met, the requested variance is approved:
1) The well shall be located as far as possible from the buildings, depending upon where well rig can safely set up.
2) Grout will be required the entire length of the casing from land surface into consolidated material/gravel pack material.
3) No pesticide treatments for the new structures shall be applied within 10 feet of the well unless alternative methods are approved by
the local health department.
4) Grout must be either pumped into place with the use of a tteminie pipe or pressure method.
The approval of this variance does not affect any of the other requirements or limitations of the Well Construction Standards,
including but not limited to the requirements in 15A NCAC 2C .0113(b) to repair or to abandon any well which acts as a source or
channel for the migration of contamination or to your responsibility to comply with any other applicable Federal, State, or local laws
or regulations.
The granting of this approval is for the well location only, and in no way relieves the owner or agent from other requirements of the
North Carolina Well Construction Standards, or any other applicable law, rule, or regulation that may be regulated by other agencies,
nor does it imply sufficient water quality.
If you have any questions regarding this variance, please contact Wilson Mize at (919) 218-5383.
Sincerely,
Wilson Mize R.E.H.S
On -Site Water Protection Branch
. tl_�_ JCL
DGM WILMINGTON, NC
wwwjicdWhs.gov • www.publichealthnc.gov
Te1919-707-5874 • Fax 919-845-3973
Ahc Location: 5605 Six Forks Road • Raleigh, NC 27609
Mailing Address: 1642 Mail Service Center • Raleigh, NC 27699-1931
An Equal Opportunity / Affamative Action Employer
MAR 2 � 2017
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Dear Adjacent Property:
This letter is to inform you that I, q0VALI ff 111 706nRn have applied for a CAMA Minor
� t Property Owner
Permit on my property at1727 t� Q,1 6aD Sowed 18. A Inv ky) . N C. , in New Hanover
Property Address
County. As required by CAMA regulations, I have enclosed a copy of my permit application and project RECE v
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 MAR 2 $ 2:
contact me at q l D - 3q Z - (a 69 or by mail at the address listed below. If you wisWi �W HANOVER Cc"
Applicant's Telephone LANNING & ZOP
file written comments or objections with the New Hanover County CAMA Minor Permit Program, you may submit
them to:
Local Permit Officerlor New Hanover County
230 Government Canter Drive, Suite 110
Wilmington, INC 28403
Sincerely. /
Propet y Owner I ( AYM)
47DI WriQk15Ui))e Aw , tau' '2o! DCM WIUVIIC uTON, NC
Mailing Address
Wilh+in�r nL 294-03 MAR 2 � t017
City, State, Zip Code
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Dear Adjacent Property:
This letter is to inform you that I, Mt1,t1y1& � &I 7-06MGM have applied for a CAMA Minor
r� Property Owner
Permit on my property at Mtn," Sny)nei?U r 11-i Mi hn! 6(L in New Hanover
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 an tff7i
the enclosed no objection form. If you have any questions or commerts about my proposed project, plea
contact me at 910.39 2 - (R b9 ,or by mail at the address listed below. If you wish to
Applicant's telephone NEW HANOVER COL,PLAN:
the written comments or objections with the New Hanover County CAMA Minor Permit Program, you ay submitt NG &ZOILir''
them to:
Local Permit Offcerfor NewHanover County
230 Government Center Drive, Suite 110
Wilmington, NC28403
Sincerely,
Q1&-q'?nkstan/k5(Dn1jMfUw Co.
Propet Owner ( gen})
41Dl Wl7LgM$U1lle /}VQ 7s* 2 6NI%2Dj
Mailing Addmss
ANi�tentn_q wAL 2,94-03
City, State, Zip Code
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Dear Adjacent Property:
This lelterls to inform you that I, Ullllew f 111 2066n6bn have applied for a CAMA Minor
Property Owner
Permit on my property at 2 zz7 QS�w%n[e ��+t pd rinl Mntnrt �� to New Hanover
Property Address "` U
County. As required by CAMA regulations, I have enclosed a copyof my permit application and project
drawing(s) as notification of my proposed project No action is required from you oryou may sign CEIVE
the enclosed no objection forth. If you have any questions or comments about my proposed project, please
contact me at 39 2. - 1969 or by mail at the address listed below. If you wish to
Applicants Telephone NEW HANOVER COUNTY
file written comments orobjections with the New Hanover County %AMA Minor Permit Program, you m y subG & ZONING
them to:
Local Permit Officer for New Hanover County
230 Government Center Drive, Suite 410
Wilmington, NC 28403
/Siincerely,
INEOfQC-K51Lnl TrWCS{Dn�1'Q{�{i�1Q Co
Props Owner ( gen4)
4101 Wliollmi►lei4ye.0 eft o!
Mailing Add
Witvningto», NC. 2840.3
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Dear Adjacent Property:
This letter is to in form you that I, KQ&eW 4 tSi l I R06111M have applied for a CAMA Minor
�1 I Property Owner
Permit on my property at _ LZ17 1�1 ftrnlvXe <Sna,lel Rd �, in New Hanover
Property Address
County. As required by CAMA regulations, I have enclosed a copy of my permit application and proje
drawing(s)as notification of m ro osed project. No action is required from y maysign
Y P P P 1 q you or au ma si nand return
the enclosed no objection form, If you have any questions or comments about my proposed project, pleasNAR
contact me at "I 10 ° 392. 1Q69 or by mail at the address listed below. If you wish to
Applicanrs Telephone NEW HANOV
PLANNING ` ;,''Pt,':NTY
file written comments or objections with the New Hanover County CAMA Minor Permit Program, you may submit
them to:
Local Permit Offlcerfor New Hanover County
230 Government Center Drive, Suite 110
Wilmington, NC 28403
Sincerety,
cleof4e ffikstonl knTYdP4iM Co.
Prop Owner ( gent
4101 WrlrahmideAya 1-akta 8wie201
Mailing
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Dear Adjacent Property: '' II -�7
This letter is to inform you that I, &Pui f �tl Ko�irSa� have applied for a CAMA Minor
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Property Owner
Permit on my property at 777 �QSon bof0 Snumd �d • rU'!r 1milY3f N C. , in New Hanover
Property Address
County. As required by CAMA regulations,) have enclosed a copyof my permit application and proje C.A. J
drawing(s) as notification of my proposed project. No action is required from you or you may sign and returrMAR `
the enclosed no objection form. If you have any questions or comments about my proposed project, please
NEW HANOVEi'
contact me at q i o • 39 z • 1a69 or by mail at the address listed below. if you W RldaNNING
Applicant's Telephone
file written comments or objections with the New Hanover County CAMA Minor Permit Program, you may submit
them to:
Local Permit Officer for New Hanover County
230 Government Center Drive, Suite 110
Wilmington, NC 28403
Sincerely,
C1 i�-� t I 1 ,16ton Dt-af ha 9-0.
Prope y Owner ( gen{)
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City, State, Zap Code
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This letter is to in form you that I, tl f I 111iInGOn have applied for a CAMA Minor
Property Owner
Permit on my property at `l ZUtArZs 6120 Sn„ ld-Rd..Iej; .i #10) W , in New Hanover
Property Address
County. As required by CAMA regulations, I have enclosed a copy of my permit application and pmje F %_1EI VED
LC
drawing(s) as notrfication of my proposed project No action is required from you or you may sign and retum
the enclosed no objection form. If you have any questions or comments about my proposed project, pleasVA R 2 4 2017
contact me at 9 ID - 392. • 1969 or by mail at the address listed below. if yoyyOtCHANOVER COUNTY
Applicant's Telephone PLANNING & ZONING
file written comments or objections with the New Hanover County CAMA Minor Permit Program, you may submit
them to:
Local Permit Officer for New Hanover County
230 Government Center Drive, Suite 110
Wilmington, NC 28403
Sincerely,
7..1vIu eM
Propeily Owner C•.
'�/� ,.�• it :.< r
W i lytipgtarrt nL 28403 .
City, Sta��Code
GZEC'--!VED
DCM WILMINGTON, NC
MAR 242017
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MadirLgQdainLliWit NG 28469 k�-�
�rCity, State, Zip Cod kC.��r .w
Dear Adjacent Property:
This letter is to inform you that I, f 2 1 7011 6M have applied for a CAMA Minor
Property Owner
Permit on my property at 1177
t�Qbn6p(p SUAld 14 Al j
�i,�C. , in New Hanover
Property Address
County. As required by CAMA regulations, I have enclosed a copy ei-rypermit application and project
drawings) as notification of my proposed project. No action is regWrd form y5u or you may sign and return
the enclosed no objection form. If you have any questions or comments about my proposed projeclA&CEIN
contact me at q I D ' 3q z - f R 69 or by mail at the address listed below. If you wish to
Applicant's telephone MAR 2 d 20.
file written comments or objections with the New Hanover County C4A A Mir.r Permit Program, you may submit
NEW HANOVER CC
them to. PLANNING & ZOti!
Local Permit Me r for New Hanover County
230 Govemme•: Center Drive, Suite 110
Mmington, NC 2 3.)3
Sincerely,
riot` -VEr,
DCM WILMINGTON, NC
MAR 2 d 2017
City, State, Zip Code
U.S. Postal Service.,
CERTIFIED MAIL, • RECEIPT
112L(Domestic Mail Only; No Insurance Coverage Provided)
for tlelive ry information visitour website at www.uspscam
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03/23/2917
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nE. -+VED
DCM WILMINGTON, NC
MAR 2 4 2017
Chris O Keefe, AICP
Planning & Inspections
Director
April 12, 2017
Ms. Jean Bullock
7115 E. Creeks Edge Drive
Wilmington, NC 28409
Dear Ms. Bullock:
NEW HANOVER COUNTY
PLANNING & LAND USE DEPARTMENT
230 GoVERNMENTCENTER DRIVE, SURE 110
WILMINGTON, NORTH CAROLINA 29403
TELEPHONE (910) 798-7116
FAX (910) 798-7013
Ken Vaffer, AICP
Planning Manager
This letter is in response to your correspondence, which was received by New Hanover County on
April 7, 2017, regarding your concerns about the proposed development by Matthew & Jill
Robinson, at 7227 Masonbom Sound Road, adjacent to Hewlett's Creek, in New Hanover
County. The project consists of construction of a drip through deck associated with a single
family residence located outside of the AEC. The proposed project has been determined to
comply with local regulations and the Rules of the Coastal Resources Commission (71-1.0209),
and as such, a permit has been issued to authorize the development. I have enclosed a copy of the
permit, as well as, the applicable Hiles.
The proposed pier is not included in the scope of work covered by the minor CAMA permit. The
pier permit will be issued by the Division of Coastal Management. Concerns should be directed to
Courtney Spears at 910-796-7423.
If you wish to contest our decision to issue this permit, you may file a request for a Third Party
Appeal. The Chairman of the Coastal Resources Commission will consider each case and
determine whether to grant your request to file for a Contested Case Hearing. The hearing request
must be filed with the Director, Division of Coastal Management, in writing and must be received
within twenty (20) days of the disputed permit decision. I have enclosed the applicable forms
and instructions that must be filed prior to that deadline. Please contact me at 910-798-7118, if
you have any questions, or if I can provide any additional information.
714J,urw
61
ly C /Ck`C/�V
Linda E. Painter, LPO
cc: NC Division of Coastal Management RECEIVED
[)CM WILMINGTON, NC
APR 1 2 2017
New Hanover County
Local Government'
concem pureumrtto
1743
CAMA Permit Number
MINOR DEVELOPMENT
PERMIT PC.
eoastalmaugemenr
[MV WNMNTA QUAD
he State of Mitts CarolIna, Denartnawt of Envlrorunerrtal ouallty
Issued to Matthew&Jill Robinson, authorizing development.in the Estuarine Shoreline (AEC) at 17227 Masonboro Sound
Road Way, in Wilmington, New Manover County, as requested in the perini ttee's application; dated January, March 24,
2017. This permit, issued on April 12, 2017, 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 subjectpernittee to fine,imprisonment or civilaction, or may cause the permit -to be hull and void:
This permit authorizes: Construction.of a drip through deck and associated landscaping: The remaining area of the
proposed dwellings outside of the Estuarine Shorelin,OEC.
(1) All propose ,development and associated construction must be d6win accordance with the permitted work plat
drawjngs(s) dated received on Marctf24, 2017.
(2) All construction must conform to the N.C. Building, Code requirements and all other local, State and' Federal
regulations, applicable localordinanoes 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) 7894116 for a final
inspection atcompletion-of work.
(Additional_ Permit Conditions on Page'2)
This parnit must be an the project site .and 'acces ilble to the pctmit officer when
the project is inspected; for coapliance. Anymaintenance work or project
modification not covered under this pemnt, requhe further written pemrit
approval An work must cease when this pern illexpires on;
December 31, 2020
In issuing ttus pedrtil it h agreed that this project is consistent with the local Land
Use Piaui and.ail'apprttable ordinances. This permit may not be transferred to
another party without the written approval of the Divism of Coastal
Managenienll n
�4' J'�. �- 4i"
Linda'E. Painter
CAMA.LOCAL PERMIT OFFICIAL
230 Goverment Center Drive, Suite 110
Wilmington, NC 28403'
PERMITTEE
(Signature required if conditions above apply to permit)
Name: Virginia & Stanley HollingsworthMinor Permitt# 47-01
Date: January 31 2017
Paget
(5) The.amount of impervious suAaae shall.not exceed 30% of the lot area within 75 feet of Normal 'High Water
(Estuarine Shoiefne Area of Environmental.Conoem), in this rase, nonew•impervious is authorized.
(5) Unless specifically allowed in 15A NCAC 07H.,0209(d)(10), and shown on the permitted plan drawing; all
development/construction shall be located a distance of 30 feet landward of Normal High Water. No portion of the
roof oveniang shall encroach into the 301L butler.
(7) Ali unconsolidated material resulting from associated grading and landscaping shall be retained onsite byeffective
sedimentation and erosion controlmeasures. Pdor to -any land -disturbing activities; a banter line of filtercoth must,
be installed between the land distuibing activity and the adjacent marsh:or water areas, until: such time as the area
has been property stahSaed'with'a-vegetative cover.
(8) Any proposed for grading: within the 30' buffer froin the Normal High Water must be contoured to prevent additional
storrnwater runoff to the adjacent marsh. This area shall be immediately vegetatively stabilized, and must remain in
a vegetatedstaW
(9) Ali other disturbedareas shall be vegetatively.stabrlized'(planted and mulched) within 14 days of construction
completion.
SIGNATURE: DATE:
PERMITTEE
CAMA THIRD PARTY
HEARINGREQUEST FORM
PETITIONEW&NAME
DCM FORM 5
DCM FILE No:
COUNTY WHERE THE DEVELOPMENT IS PROPOSED
PLEASE TAKE NOTE that the undersigned, a person affected by the decisionof (check one):
a Local Permit Officer acting on a LAMA Minor Development Permit application; or
the Division of Coastal Management acting on a CAMA Permit application
hereby requests permission from the Coastal Resources Commission (CRC) to file an appeal pursuant
to N.C.G.S. § 113A-121.1(b) and 15A NC.A:C. 07J .0301. (Please attach a copy of the permit. If you
cannot obtaima copy of thepermit, please provide the name of the permittee, the project location„ and
thepermit number.) Requests are reviewed and determined by the chairman of the CRC to.determine
whether a hearing should be granted 15A.N.C.A.C.07J .0301(b). Approval of a Third Party Hearing
Request allows a petitioner to file a contested case petition with the Office of Administrative -Hearings
within twenty(20) days of receipt of the CRC's Order. N.C.G.S: § 113A-121.1(b). Denial of all ird'
Party Hearing Request is a final agency decision which may be appealed to Superior Court under
N.C.G.S. § 113A-121.1(b) and Chapter 150B,,Artiele 4.
For this application to be complete, the Petitioner must address each of the three factors listed below.
The CRC's chairman's decision to grant a hearing will be based on whether the Petitioner:
(1) Has alleged that the decision is contrary to a statute or rule [N.C.G.S. § 113A-121. I (b)(1)];
(Please cite the statute or regulation allegedly violated by the permit decision.):
(2) Is directly affected by the decision [N.C:G.S. § 11 3A-121.1 (b)(2)]; and
(Please describe -haw you are -directly affected by the permit decision. Persons directly
affected by a decision often include, but are not limited to, owners of real property in the
vicinity of the proposed development who can show that it is likely to have a significant
adverse effect on the value and enjoyment of theirproperty, or persons who can
demonstrate -a history ofsubstantial use of public resources in the area directly affected
by the development.)
(3) Has alleged facts or made legal arguments that demonstrate that the request for the
hearing is not frivolous [N.C.G.S. § 1 1'3A- 12 1. 1 (b)(3)]. (Summarize the evidence and
arguments you would present at a hearing in support=of your appeal explaining why the permit
was improperly issued.)
Please answer these questions on a separate piece of paper and attach it to this form.
The Commission notes that there are some opinions of the State Bar which indicate that non -attorneys may not
represent others at quasiyudiciat proceedings, such as this Third Party Hearing,Request before the, Commission:
These opinions note that the practice of nomlawyer professionals, such as engineers, surveyors or; contractors,
representing others in quasi-judicial proceedings through written argument may be considered the practice of
law. Before you proceed with this hearing request, you may wish'Yd-seek-the advice -of counsel. before having a
non -lawyer represent your interests through preparation Of this Petition..
DELIVERY OF THIS HEARING REQUEST
This request must -be received by the, Division of Coastal Management (DCM) within twenty (20) days;
of the date of the disputed permit decision, N.C.G.S. § 113A-121.1(b). Failure to 'do so constitutes
waiver of the right to request a hearing. A copy of this,requestmust also be sent to the Attorney
General's Office, Environmental Division. 15A N.C.A.C. 07J .0301(b).
Contactanformation-for DCM: Contact Information for Attorney General's Office:
By mail, express mail or hand delivery: By-U.S. main:
Director Environmental Division
Division of Coastal Management 9001 Mail Service Center
400 Commerce Avenue Raleigh, NC 27699-9001
Morehead • City., NC` 28557
By Fax:
(252).247-3330
By Email:
Check DCM website for the email
address of the current DCM Director
www.nccoastalmanagementnet
By express mail:
Environmental Division
114 W. EdentonStreet.
Raleigh, NC 27603
By Fax:
(919)716-6767
Based on the attached responses to .the above factors, the undersigned hereby requests a third parry
hearing.
Signature of Petitioner or Attorney Date
Printed.Name of Petitioner or Attorney Email address of Petitioner or. Attorney
Mailing Address Telephone number of Petitioner or Attorney
City State Zip Fax number of Petitioner or Attorney
Updated February 2011
ry an. evaluation ofviewshed (�) impacts ofthe proposed facility;
(v) anevaluation of potentiatuser conflicts associated with development iu the proposed.'
project area, and
(vi) a plan regarding the action to be taken upon decommissioning and removal of -the
wind energy facility. The plan shallAnclude estimates of monetary wsts,.time _frame
of removal and the proposed. site condition after decommissioning
(B), DevelopmentStandards. Development of�wind energy, facilitiecsban meet the, following
standards in addition to adhering to the requirements outlined in-Part'(a)(13)(A) ofthis Rule:
(i) Natural reefs, coral outcrops, artificial reefs, seaweed communities, and significant
benthic conmum ties identified by the Division of Marine'Fisheries or the WRC shall%
(it) Development shall, not be sited on;or within 500 meters of significant biological'
communities identified by the Division -of Marine Fisheries or the WRC; such.as
high relief bard bottom areas. High relief is defined for this standard as relief greater
that! orequal to one-half meter per five meters of horizontal distance;
(iii) Development shall not cause irreversible damage to, documented archeological
resoureesincluding shiipwrecki ideutified by the Department. of Cultural Resources'
and unique geological features that. require protection from uncontrolled or
incompatible development, as identified by the Division of Energy,. Mineral, and
LamfResoutces pursuant to G.S.113A-113(b)(4)(g);
(iv) Development' activities shall be timed to avoid significant adverse impacts on thelife
cycles of esfuarine,or'oceen resources, or wildlife;
(v) Development or operation of a wind energy,facility shall not jeopardize the use of
the smromjding waters for-tnivigation or for other: public trust rights in public trust
areas or eshranne waters; and '
(vi) Development or operation of a wind energy facility shall ndt interfere with air
navigation routek, mr-traf5c central areas, military training routes or special use
airspace and .shall imply% with standards adopted by the Federal Aviation
Administration and codified under l4 CFR Part 77.0.
(C) Permit Conditions. Permits for wind energy facifities.may be conditioned on the applicant
amending the proposal to inchrde:ateasumes necessary to insure compliance with the standards
for development set out in this Rule. Permit conditions may include monitoring to ensure
compliance with all applicable development standards; and
(D) Public, Benefits Excepf on. Projects that conflict with these standards, but provide,a public
benefit, may tie approved pursuant to the:standards set out inSubparagraph (a)(3).of this Rule.
History Note: Authority G.S 113A-107(b}; 113A-108;113A413(b); 113A-124;
E(f. September 9, 1977,
AmendedEff. February 1,1996; April 1, 1993, February 1.1993, November 30, 1992;.
RRC,Objeetion due to ambiguity Efj: Miirch 21,1996;
Amended Eff. August 1, 2012(see 54.2012443, & L(1)}; February 1, 2011; August 1, 2010,.
June 1, 2010,^August 1, 1998 May 1.1996.
15A NCAC07H .0209 CC
fah Description. The Coastal
adopted by the Wildlife Re`soiiiexis Commission and the Department of Environment and Natural Resources [described in
Rule:.0206(a) of this Sectio> 7 "Uu`si or those estuarine shorelines immediately contiguous
to waters classified as Quts , _ : ` onmental Management Commission, the estuarine
shoreline AEC shall extend to 575 feet landward from the normal high water level or normal water level; unless the
Coastal Resources Commission establishes the boundary at a greater or lesser extent following required public hearing(s)
within the affected county or counties. Public trust shorelines AEC are those non -ocean shorelines immediately
contiguous to public trust areas, as defined in Rule 07H .0207(a) of this Section, located inland of the dividing line.
between coastal fishing waters and inland fishing waters as set faith in that agreement and extending 30 feet Landward of
the normal high water level or normal water level
(b) Significance. Development witbiw'coastal shorelines,intleences the quality: of estuarine and ocean life and is subject
to the damaging processes of shore front erosion and flooding. The coastal shorelines. and wetlands contained within,
them serve as barriers against flood damage and control erosion between the estuary and the.uplands. Coastal shorelines
are the intersection of the upland and aquatic element's of the estuarine and ocean system, often integrating influences
from both the land and the sea in wetland areas. Some of time wetlands are among the most productive natural
15
a
environments of North Carolina and they support the functions of and -habitat for many valuable commercial and �rt
fisheries ofthe coastal area. Many land -based activities influence the quality and productivity of estuarine waters. Some
important features, of the coastal shoreline include.wetlands, flood plains, bluff shorelines, mud and sand flats, forested
shorelines.and other important habitat areas for fish and wildlife.
(c) Management Objective. The management objective is to ensure that shoreline development is compatablewith the
dynamic nature of coastal shorelines as welt as the values and the management objectives.of the estuarine and ocean'
system.. Other objectives are to conserve and manage the -important natural feahttes of theestuarine and ocean system so
as to safeguard and perpetuate their biological, social, aesthetic, and eeonomfc•vatues; to coordinate and establish a
management system capable of conserving and utilizing these shorelines so as to maximize -their `benefits to the estuarine
and ocean system and the people of North Carolina. '
(d) Use Standards. Acceptable uses shallIbe those consistent with the management objectives in Paragraph (c) of this
Rule_ These uses _shall be.limited to those types of development.activities that will notbe detrimental, to the,pablic trust
rights and the biological and physical functions of the estuarine and ocean system: Every effort shall be made by the
permit applicant to avoid, mitigate or reduce adverse impacts of development to estuarine and coastal systems through
the planning and design of the development. project In every instance, the particular location,. use, and design
characteristics shall comply with the general use and specific use standards for coastal shorelines, and where applicable,
the general use and specific use standards for wastal wetlands, estuatine_waters, and -public trust areas described in Rule
0208 of this Section. Development shall be companble'with.the fallowing standards:
(1) All development projects, proposals, and designs shall preserve and not weaken. or eliminate natural
barriers to erosion -including peat marshland; resistant: clay shorelines;, and cypress -gum protective
fringe areas adjacent to vulnerable shorelines.
(2) All development projects, proposals;, and designs shall limit the construction of impervious surfaces'
and areas not allowing natumldminage to only so much asyslt Pssant t a eauately service the major,
effectively demonstrate, through innovative.dosigm
t the protection provided by the design would be equal,to or exceed the protection by the 30 percent
limitation.. Redevelopment of areas exceeding the 30 percent impervious surface limitation may be
permitted if impervious areas 'are not increased and the applicant designs the projectto comply4ith the
intent of the Wile to maximum extent feasible.
(3)
All development projects, proposals; and designs shall comply with the following mandatory standards
of the North Carolina Sedimentation Pollution Control Act of 1973:
(A) All development projects, proposals, and designs shall provide for a buffer, zone along the
margin of the estuarine water which is sufficient -to confine visible siltation within 25 percent
of the buffer zone nearestthe land disturbing developmeut
(B) No development project proposal:: or design shall permit an angle for graded slopes or fill
which is greater than an angle which can be retained by vegetative: cover or other
erosion -control devices or structures.
(C)' All development projects, proposals, and designs which.involve uncovering more -than one
acre of land shall plant a ground cover sufficient to restrain erosion within 30 working days of
completion of the grading; providedthat this shall not apply to clearing land for the purpose
of forming a reservoir later to be inundated-
(4)
Development shall not have a significant adverse impact on estuarine and ocean resources. Significant
adverse impacts include development that would directly or indirectly iinpair water quality standards,
increase shoreline erosion, alter coastal wetlands or Submerged Aquatic vegetation (SAY),- deposit
spoils waterward of normal water level or normal high water; or cause degradation ofshellfish beds.
(5)
Development shall not interfere with existing public rights of access to, or use of, navigable waters or
E
public resources.
(6)
No public facility shall be permitted if such a facility is likely to require public expenditures for
maintenance and continued use, unless it can be shown that the public purpose served by -the facility
outweighs the requited public expenditures forconstruction, maintenance, and continued, use. For the
purpose of this standard, "public facility" means a project that is paid for in part by public fonds.
(7)
Development shall not cause irreversible damage to valuable, historic architectural or archaeological
4
resources as documented by the local historic commission or the North Carolina Department of
Cultural Resources.
(8)
Establishedcommon-law and statutory public rights of access to the public trust lands and waters in
estuarine areas shall not, be eliminated or restricted. Development shall not encroach upon public
accessways nor shall it limit the intended use of the accesswaysi
(9)
Within the AECs for shorelines contiguous to waters classified as Outstanding Resource Waters by the
EMC, no CAMA permit shall be approved for any project which would be inconsistentwith applicable
use standards adopted.by the CRC, EMC or MFC for estuarine waters, public trust areas, or coastal
wetlands. For development activities not covered by specific use standards, no permit shall be issued
if the activity would, based on site -specific information, degrade the water quality or outstanding
resource values.
16
(10) within the Coastal Shorelines categoty.(estuarme and public frost shoreline AM), now development
shall be locateda distance of 30 feet landward of the normal water level or normal high water level,
with the exception ofthe.follow ng:
(A)
water -dependent ruses as described in Rule 07H .0208(a)(1) ofth is Section;
rF, (H)
Pile -supported signs (in accordance with beat regulations);
(C)
Post- or pile -supported fences;
(D)`
Elevated, slatted,, wooden boardwalks exclusively for pedestrian use and six feet in width or
lem The boardwalk may, greaterthan six feet in width if it is to serve a public use or need;.
(E)
elevated trays and no associated impervious surfaces except
those necessary to protect -the pump;
(F)
DeckdObservation Decks limited -to slatted, wooden, elevated and unroofed decks that shall
not singularly, or collectively exceed 200 square feet;
(G):
Grading, excavation and landscaping, with no wetland fill except when required by a
permitted shoreline; stabilization project: Projectsshall not increase stormwater nmoff to
adjacent estuarine :and public trust waters;
(H)
DeveIopment over existing impervious surfaces, provided that the existing impervious surface
is not increased' and the applicant designs the project to comply with the intent of the -rules to
the maximum extent feasible;
(1)
where application of the buffer requirement would preclude placement of a residential
structure with a footprint of 1,200 square feet artless on lots parcels mnd,tr platted priorto
June 1, 1999, development may be permitted within the buffer as required in Subparagraph
(d)(10) of this Rule, providing the following criteria are met:
(i). Development shall:minimivP the. impacts to the buffer and reduce runoff by, limiting
land disturbance to only so much as ismeeessary to construct and provide access, to
the residence -and to allow installation or connection of utilities such as-water,and
-
sewer, and
R The residential' structure development shall be located a, distancelandward of the
normal high water or normal water level equal'to 20 percent of the greatest depth of
the lot. Existing structures that encroach into the applicable buffer area may be
replaced or, repaired•consistent with the criteria set out in Runes .0201 and .0211 in
Subchapter 071 of this Chapter; and
(1)
Whew application of the buffer requirement set out in 15A NCAC 07H .0209(d)(10) would
preclude. placement of a residential' structure on an undeveloped lot platted prior to June i 1,
1999.that are'5,000'square eetor-less that does not require an on-site;septic system, or on an
undeveloped lot that is 7,500' square feet or less that requires an on -site septic system,,
development may be permitted wMinthe buffer ifall the following criteria are met:
(la The lot on which "the proposed residential structure is to be located, is located
between:
m Two existing waterfront residential structures, both of which are within-100
feet of the center of the "lotand at least one of which encroachesinto the
buffer or
(II) An existing waterfront residential structure that encroaches into the buffer
and a road, canal, or other open body of water, both of which are within 100
feet of the center.of the lot;
Development of the lot shall minimize the:impacts to the buffer and reduce runoff by
limiting land dWutbanca to only so much as is necessary to construct and provide
(ui) Placement of the residential- stnrctace and pervious decking may be aligned no
further into the -buffer than the existing residential structures and existing pervious
decking on adjoining lots;
(iv). The first one and one-half inches: of rainfall fiom all impervious. surfaces on the lot-:
shall be collected and'contained on -site in accordance with -the design stattdards for
stormwater management for cowbil counties` asspecified in 15A NCAC 02H .1005.
The stormwater management system shall be designed by an individual who meets
applicable State occupational• licensing requirements for the type of system proposed
and, approved during the permit application process. If the residential structure
encroaches into the buffer, then no other impervious surfaces will be allowed within
the.buffer and
(v) The lots must not be adjacent to waters designated as approved or conditionally
approved shellfish waters by the Sbeltfish. Sanitation Section of the Division of
Environmental Health of the Department of Environment and Natural Resources.
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(e) The buffer requirements in Paragraph (d) of this Rule shall not apply to Coastal Shorelines where the Environmental
Management Commission (EMC)_bas adopted rules that contain:buffer standards,, or to Coastal Shorelines where the
EMC adopts such rules; upon the effective date of those rules:.
(f) Specific Use Standards for outstanding Resource Waters-(ORW) Coastal Shorelines.
(1) Within the AECfor estuarine ancivublic taut shorelines contiguous to waters. classified as ORW by
the EMC, all development projects, proposals,; and designs shall Emit 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 qualityand-outstanding resource.values ofthe ORW, and shall:
(A) have nostonnwater collectionaystem;
(B) provide a buffer zoneofat least 30 feet fiom,the normal high waterline or normal water line;
(C) otherwise be consistent -with the use standards set out in Paragraph (d) of this Rule.
(2) Development (other than.single-family residential,.lots) more than 75 feet from the normal high water
lime or normal -water fine but within the -AEC as of June 1, 1989 sball be permitted in accordance with
ndes and standards in.effect as of June 1,1989 it
(A) the development has a CAMA permit application in process; or
(B) the development has received preliminary' subdivision plat approval or preliminary site plan
approval under applicable local ordinances, and in whieli financial resources have been
invested in design or improvement
(3) Single-family residential lots,Ihat would not be buildable under the low density standards defined in
Paragraph(f)(1) of this. Rule -maybe developed. for single-family resident0l,purposes so long as the
development complies•with those standards to the,maidmum:extent possible.
(4) For an ORW' nominated subsequent to June 1, 1989, the effective,date in Paragraph (f)(2) of this Rule
shall be the.dates ofnominationbythe EMC.
(g) Urban Waterfronts:
(1) Description. Urban Waterfronts are waterfront areas, not adjacent to outstanding Resource Waters,k
the Coastal Shorelines category that lie:within the corporate limits of any municipality duly chartered
within the 20 coastal counties of the state: In' determining whether an area is an urban waterfront, the "
following criteria shall be met as of the effective date of this Rule:
(A) The area lies wholly within the corporate limits of a municipality; and
(B) the area has a.central business district'or similar commercial zoning classification where there
is:minimal undeveloped' land, mixed land uses, and urban level _services such as water, sewer,
streets, solid waste, management, roads, police and fire protection, or in an area with an
industrial or similar zoning classification adjacent to a central basiness,district
(2) Significance. Urban waterfronts are recognized as having cultural, historical and economic
significance for many coastal municipalities. Maritime traditions and longstanding development
patterns make these -areas suitable for maintaining or promoting dem-developmentalong the shore.
With proper planning and stormwater management, these areas may continue to preserve local
historical°and aesthetic values while enhancing the economy:
(3) Management Objectives To provide for the continued cultural, historical, aesthetic and, economic
benefits of urban waterfronts. Activities such as in -fill development, reuse and redevelopment
facilitate efficient use of already urbanized areas and reduce development pressure on surrounding
areas, in an effort to minimize the adverse cumulative environmental effects on estuarine and ocean
systems. Wbile recognizing that opportunities to preserve buffers are limited in highly developed urban
areas, they me encouraged where practical.
(4) Use Standards:
(A) The buffer requirement pursuant to Subparagraph (d)(10) of this Rule is not required Rir
development within Urban Waterfronts that meets the following standards:
(1) The development must be consistent with the locally adopted land use plan;
(ii) Impervious surfaces shall- not exceed 30 percent of the AEC area of the lot
Impervious surfaces may exceed 30 percent if the applicant can effectively
demonstrate, through a stomiwater management system design, that the protection
provided by the design would be equal to or exceed the protection by the 30 percent
limitation. The stormwater management system shall be designed by an individual
who mects any North Carolina occupational licensing' requirements for the type of
system proposed and approved during the permit application process.
Redevelopment of areas exceeding the 30 percent impervious surface limitation may
be permitted if impervious areas are not increased and the applicant designs the
project to comply with the intent of the rule to the maximum extent feasible; and
(in) The development shall meet all state stormwater management requirements as
required by the NC Environmental Management Commission;
(B) Non -water dependent uses over estuarine waters, public trust waters and coastal wetlands
may be allowed only within Urban Waterfronts as set out below:
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