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SC_99-008_Town of Surf City
01/07/1996 21:24 910-350-28e4 NCDENR WIRO Wiro for SURF CITY Local Government PAGE 02 SC-99-008 Permit Number MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina, Department of Environment. Health, and Natural Resources and the Coastal Resources Commission for development in an area of environmental concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management" Issued to authorizing development In Twr nrrAbi kla7A)DL cr�OF as requested in the permittee's application, dated 11116/96 This permit, issued on 02/04/99 is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special condition rand notes setfonh below. Any violation of these terms may subject permittea to aline, imprisonment or civil action, or may cause the permit to be null and vold. This permit authorizes the construction of an 8' X 20' public restroom building, an 8' X 20' uncovered deck, a wooden elevated handicap ramp, an elevated beach access walk, two gravel parking lots and i sand retaining well. Retaining Wall: (1) The retaining wall shall be constructed of horizontal boards (no greater than 2" treated lumber) and shall not exceed 48 inches in total height, nor exceed, 12 inches below grade. (2) Support posts shall not exceed 6 feet total length (including in -ground portion) or 4�lnches in diameter, and shall not be closer than 4 feet on center. (3) The function of this structure is to retain sand off of the parking lot and shall not be designed for erosion control. Additional supports, such as, whalers deadmen cables, etc. shall not be incorporated into retaining wall design. (4) The well construction must be consistent with all local ordinances and building code requirements. (5) the retaining wall location will be staked In the field by a representative of the Division of Coastal management so as to lessen potential impacts to the frontal dune system. (Conditions Continued On Following Pages) This permit action may be appealed by the permfttee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this per- mit m.st cease until the appeal is resolved. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modifications not covered under this permit requires further written permit approval. All work must cease when this permit expires on December 31, 2003 In issuing this permit it is agreed that this project is consistent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal Management. Local ermit Officer (signature) Jartat M. Russell WILMINGTON REGIONAL OFFICE name 127 CARDINAL DRIVE EXTENSION address Permimes (signature required/1 special conditions above apply to permit) 01/07/1996 21:24 910-350-2004 NCDENR WIRD PAGE 03 Conditions Continued For Minor Permit #SC-99-008 ,General Conditions: (1) All proposed development and associated construction must be done in accordance with the permitted workplat drawing(s) as revised and received on December 11, 1S98 (with the exception of relocating the retaining wall). (2) All construction must conform to the North Carolina Building Code requirements and all other Local, State and Federal regulations. (2) 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) Pursuant to 15 NCAC, Subchapter 7J-0406(b), this permit may not be assigned, transferred, sold or otherwise disposed of to a third -party. Ocean Hazard AEG Permit Reauirarna=; (1) The structure shell comply with the North Carolina Building Code, including the Coastal and Floord Plain Construction Standards, Chapter 34, Volume 1 or Section 39, Volume 1-B, and the Local Flood Damage Prevention Ordinance as required by the National Flood Insurance Program. If any provisions of the building code or a flood damage prevention ordinance is inconsistent with any of the following h1EC standards, the more restrictive provision shall control. (2) The restroorn must set back at least 60' from the first line of stable natural vegetation. (3) The structure must be located entirely off of the frontal dune, and if a primary dune is present, behind the crest of the primary dune. (4) The structure must be elevated on pilings with a diameter of at least 8 inches and bottom of lower structural members excluding piles must meet the 100-year flood level elevation. , (5) All pilings within the Ocean Hazard shall have a top penetration of at least five feet (5') below mean sea level or sixteen (16') below average original grade, whichever at least. (6) Dune disturbances will be allowed only to the extent necessary for development and if the dune's protective value is not weakened or reduced. Disturbed areas will be immediately stabilized. (7) This permit may be renewed for one (1) year if requested before the expiration date. (8) The permittee is required to contact a Coastal Management Representative shortly before he plans to begin construction to arrange a setback measurement which will be effective for sixty (60) days barring a major shoreline change. Construction must begin within sixty (60) days of the determination or the measurement is void and must be redone. (9) sand used to strengthen dunes must be brought in from an outside source and must be of the same nature as the sand in the area in which it is to be placed, No sand is to be removed from the lot. (10) Any structure authorized by this permit be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two (2) years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened, than it need not be relocated or dismantled at that Time. This condition shall not effect the permit holder's right to seek authorization of temporary protective measures allowed under CRC Rules. Dune Crosswalks: (1) Accessays and sh II be elevated ed on pil ngsl be elusivelyofono more than f r edetrian ve leet b5') in depth so that shl e no more than six fonly the act W) twidth, pilings touch the sand. (2) Only negligible alteration of dunes is allowed during construction and any disturbed areas of vegetation shall be re -vegetated immediately. (3) The proposed deck shall be uncovered and less than 500 square feet in size.. 1 / Town of SurfirCitq Date 01/07/1996 21:24 910-350-2004 NCDENR WIRO PAGE 04 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Donna D. Moffitt, Director February 5, 1999 Dear Adjacent Property Owner: rJ ". NCDENR Np CAROUNA DFAAR mM r OF ENVIRONm=] ANO NAnAAL RESOURO[ The Minor CAMA Permit for the Neighborhood Beach Access at 2112 !North Shore Drive near the end of 9th Street, in Surf City is being issued today. Enclosed is a copy of that permit. The proposed development meets the development rules as set out in the Coastal Area Management Act. Should you wish to appeal the permit decision, you must do so within 20 days_ The form you need to file the appeal is called a DCM Form #5, Third Party Hearing Request on CAMA Permit Decision. This form is available through the Town of Surf City Inspections Department or from the Division of Coastal Management in Wilmington. Thank you for the interest you have expressed in this project and for your comments and suggestions. Please do not hesitate to call me with any questions that you may have, 910 395-3900. Regards, Janet M. Russell Coastal Mgt. Representative 127 Cardinal Dr.Eit, Wilmington, North Carolina 28406 Telephone 910-395-3900 VAX 918-350.2004 An Equal opportunityAfrumative Action Employer 50 % recycledll0"/a pwt-conaumer paper N.Ct ATTORNEY GENERAL Fax:919-716-6767 Feb 26 '99 11:24 P.01 MICHAEL F. EASLEY ArrORNEY GENERAL MEMORANDUM TO: FROM- UA DATE: 0 State of North Carolina Department of JUSIICe P, 0. BOX 620 RAL-EIGH 27602-0629 Eugene Tomlinson, Cbairman Robin Smith, Assistant Attorney General Charles Jones, Assistant Director Janet M. Russell, Field Representative Jessica Grill, APA Coordinator Mary penny Thompso� Associate Attorney General REPLY TO: Mary Penny Thompson Envirentnatal Division mlhomp@rnaa jus.s=e.na.us Tel. (919) 716-6600 Fax. (919) 716-6767 Lewis L. Williamson and Norman Mercer Third Party Hearing Request CMT 99-15, Ponder County (Town of Surf City, Permittee) February 26,1999 Attached is a copy of a third party hearing request filed by Lewis L. Williamson and Norman Mercer. The DCM filing date was February 24, 1999, so Chairman Tomlinson will have to make a decision on or before March 11, 1999. I shall forward a Recommendation as soon as I have reviewed the permit file and discussed the matter with Division of Coastal Management staff. If you have any questions, please call me at my direot number: (919) 716-6957. pow-jr FaxNote EP/306104p 7671 Date Phone a N �- W N.C. ATTORNEY GENERAL Fax:919-716-6767 STATE OFNORTHCAROLNA COUNTYO.F'PR"ER LEWaL. WiLLIAe'V ON NORMAMMERCE.R Feb 26 '99 11:24 ,..:KEGEIVEQ".. : FEB 2.4:1999 , isionRAiL sioRE THE coASr COADUSSION PETMOMM, THIRD PARTYHEARING REQUEST ON CAW PERM T SC-99-008 I►, Comes now petitioners by Counsel, •Who are persons affected by the above CAMA Permit Deoisioa issued on Febnrary 4,1999. In support of their Request For Hearing, Petitioners show: 1. 'phe permit is cor&ary to NCGS 16OA-299 in thatthe permittee, Town of surf City, has been allowed tc make improvemeEs in a public right of way and subdivision street which will close the street without following statutory procedures (Attached hereto as Exhibit A). Z. Petitioners are directly effected by the proposed itnptovemetos of Permittee in that tbeir access to their lots will be reduced with limited right of way and traffic congestion. 3. Petitioners have brought their concerns as to the illegal closing of the street to the attention of the PermiMe and the Pemuittee has made the decision to proceed with the project. (Attached hereto as Exhibits 13 & C). Dated this the.Zz�;? Day of FeWUW 1999. Robert W. Kilroy Attorney for Petitioners P.O. Sox 999,14$g9 us- Highway 17, Hampstead, NC 29443 (910)270-9515 N.C. ATTORNEY GENERAL Fax:919-716-6767 Feb 26 '99 11:25 P.03 CC 37 [CA TE AVI The undersigned certifies the original of'1bw Party Request For Hearing was sent to: Director, Division Of Coastal Management P.O. Box 27687 Raleigh, NC 27611-7687 1999. with copies to; Attorney General. Enviromuent Section P.O. Sox 629 Raleigh, NC 27602-0629 and Town of Surf City Attn: Manager P.O. Box 2475 Sltrf City, NC 28445 by United States Postal Service, first else; postage paid this the _ day of Febmaty Robert W. KftY N.C. ATTORNEY GENERAL Fax:919-716-6767 Feb 26 '99 11:25 P.04 Wiro for SURF CITY Local Government CAMA MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina, Department of Environment, Health. and Natural Resources and the Coastal Resources Commission for development `J in an area of environmental concern pursuant to Section 113A-1IS of the _ General Slatutes, -00astal Area Management' Issued to TOWN OF 51-mg ^'Tv authorizing development In F FNV)(3QhIlAENT 1 -nN -FRN al - _ 2172 N- SHnRF,[ rE, r' l3E r,ny — — as requested in the permittee's application, dated _ - 11/18/98 , This permit, issued on 02/04/99 is subject to compliance with the application and site drawing (where consistent with thapermh), all applicable regulations and special conditions and notes setfonh below. Any violation Of these terms may subject permittee to a fine, imprisonment or civil action, ar may cause the pamlit to be null and void. SC.gg-008 Permit Number This permit authorizes the construction of an 8' X 20' public restroom building, an 8' X 20' uncovered deck, a wooden elevated handicap ramp, an elevated beach access walk, two gravel parking lots and a sand retaining wall. ReWining Wall; (1) The retaining wall shall be constructed of horizontal boards (no greater than 2- treated lumber) and shall not exceed 48 inches in total height, nor exceed, 12 inches below grade. (2) Support posts shall not exceed 6 feat total length lincluding in -ground portion) or 4 inches in diameter, and shall not be closer than 4 feet on center. (3) The function Of this structure is to retain sand off of the parking lot and shall not be designed for erosion control. Additional supports, such as, whalers deadmen cables, etc. shall not be incorporated into retaining wall design. (4) The wall Construction must be consistent with all local ordinances and building code requirements. (5) the retaining wall location will be staked in the field by'a representative of the Division of Coastal management so as to lessen potential impacts to the frodtal dune system, (Conditions Continued On Following pages) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing dale. Prom the date of an appeal, any work conducted under this per- mit must cease until the appeal is resolved. This permit must be on the project site and amsssitlla to the permit offiverwhen the project is inspected for compliance. Any maintenance work or project modifications not covered underthis permit requires further written permit approval. All "mum cease when this permit expires on December 31, 2002 In issuing this permit h is agreed that this project is consistent with the local Land use Plan and all applicable ordinances, This permit may not be transferred to another party without the written approval of the Division of Coastal Management. Local FermitOfficer(signature) Janet M. Rueaell WILMINGTON REGIONAL OFFICE name 127 CARDINAL DRPIE EXTENSION len�Oig, NC 9PAQQ address Permitlae (signature required if special conditions above apply to permit) Exhibit a N.C. ATTORNEY GENERAL Fax:919-716-6767 Feb 26 '99 11:25 P.05 Conditions Continued Far.Minor pe * •'. •;'YX"'""'•,: ': rrrdt#SC-88-008 ' -.,+;:.•..,.,.Tf,.•�r:)yx Qeneral Gondiions: (1) All proposed development and associated construction must be done in accordance with the permitted workplat drawing(s) as revised and received on December 11, lass (with the•exception of relocating the retaining wall). (2) All construction must conform to time North Carolina Building Code requirements and ail other Local. State and Federal 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) Pursuant to 15 NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold or otherwise disposed of to a third -party. Ocean Hazard AEC Permit Reouirements: (1) The structure Shall Comply with the North Carolina Building Code, including the Coastal and Floord Plain Construction Standards, Chapter 34, Volume 1 or Section 39, Volume 1-B, and the Local Flood Damage Prevention Ordinance as required by the National Flood Insurance Program. If any provisions of the building code or a flood damage prevention ordinance is Inconsistent with any of the following AEC standards, the more restrictive provision shall control. (2) The restroom must set back at least So' from the first line of stable natural vegetation. (3) The structure must be located entirely off of the frontal dune, and if a primary dune is present, behind the crest of the primary dune. (4) The structure must be elevated on pilings with a diameter of. at least 8 inches and bottom of lower structural'members excluding. piles must meet the I00-veer flood. level elevation.. (6) All pilings within the Ocean Hazard shall have a top penetration of at least five feet (5') below mean sea level or Sixteen (161 below average original grade, whichever at least. (6) Dune disturbances will be allowed only to the extent necessary for development and if the dune's protective value is not weakened or reduced. Disturbed areas will be immediately stabilized. (7). This permit may be renewed for one (1) year if requested before the expiration date. (8) The pertnittee is required to contact a Coastal Management Representative shortly before he plans to begin construction to arrange a setback measurement which will be effeetiVe for sixty (60) days barring a major shoreline change. Construction must begin within sixty (60) days of the determination or the measurement is void and must be redone. (9) Sand used to strengthen dunes must be brought in from an outside source and must be of the same nature as the sand in the area in which it is to be placed. No sand is to be removed from the lot. (10) Any structure authorized by this permit be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two (2) years of the time the structure becomes Imminently threatened, so that the structure Is no longer Imminently threatened, then it need not be relocated or dismantled atthat time. This condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed under CRC Rules. Dune Crosswalks: (1) Aceessways shall be exclusively for pedestrian use, shall be no more than six feet (61) in width, and shall be elevated on pilings of no more than five feet (51) in depth so that only the pilings touch the sand. (2) Only nealigible alteration of dunes is allowed during construction and any disturbed areas of vegetation shall be re -vegetated immediately. (3) The proposed deck shall be uncovered and less than 500 squire feet in size. Town of Surf City Data c-kL' -LON T Mr- SYA It AN taw m to 7z 70 Lo L J.- V7 v vry7o .5 dU Lo Qo I N.C. ATTORNEY GENERAL Fax:919-716-6767 ToMw of Surf City Attu: Andy Hoddok P.O. Box 2475 Surf City, NC 29445 Feb 26 '99 .y -s ROUn VV. KII:RO'Y; P.C. ATTORNEY AT LAW ' 14889 U.S. HIGHWAY 17 POST OFFICE BOX 999 HAWSTEAD, NORTH CAROLINA 28443 (910) 270-9515 FAX (910) 270-3301 lutemet: rwkilroy@worldnet.att.net February 5,1999 11:27 P. 07 Fr CLOSINGAND PROPOSED LUPROYE1tfENTS i UPONNORTHSHOREDWYE Dear Mr. Hedrick. This office represents a number of lot owners out the opposite side of North Shore Drive where the town intends to make improvements for beach access. The map recorded at Map Book 9 Page 71 Onslow Registry, Section 4 Old Sefflers Beach shows what is now denominated as North ShoriDrive. There has been no resolution adopted pursuant to NCt i•S 16OA-299 by the Town Council to dose North Shore Drive, nor has any statutory notice been given to the abutting lot owners. In the absence ofthis withdrawal, the lot owners, and the general public, have the right to use the right of way from lot lice to lot line, the entire width of the right of way. The proposed improveruents of restrooms and storage in the right of Way will deprive these lot owners, and the general public, of full use of the lntcnded purpose of tho road. ifthe Town withdraws and closes tbk portion of North Shore Drive, lot owners abusing the right of way shall be couolusively presumed to be vested &r• the width of the abutting lot to the centerline ofthe' read. Thus, tha owners of late 2, 3, 4, 5 and 6 will have no access to their lots- Where the owners ofland have dc&cated the land fur a street, a municipality can But appropriate itto other uses orpmposes. Land dedicated for street can not be used as a paw or publie square. And in this case, can not be used to construat permanent imgM cmems such as reshooms and storage. Further, we believe that any improvements made upon the Town lots on the opposite .side of the street must comply with applicable setbacks for the Zoning dislaot Please advise, if the Town iaf=ds to pumas its viens as discussed with tagj& ris roadas shown WOU PWS presented to these residents. Exhibit; •13 . v,.: r. N.C. ATTORNEY GENERAL Fax:919-716-6767 F&26 '99 11:27 P.08 v..' '40,54 'bl"� -Ali Yfflipus is aaydd ag fiirffi 'r Y can pmvMa yodW way -of i6fbrmflon and/or dommentafickn, please do not hesitate to camtad m& I`V�VXIRI-1 Robert W. Xflwy . li.GUi2CANUS 9x�+$47�49T4 P..¢1 is ;l:,;'•�: 60'd 8L:TT 66, 9L qaj a 4 �y� . wig w ll 3 r%- .. 41 V MLU Celt Z929-9U-6%:xE3 Td 3N39 A3Nd011d '3'N V MLU Celt Z929-9U-6%:xE3 Td 3N39 A3Nd011d '3'N N.C. ATTORNEY GENERAL Fax:919-716-6767 Feb 26 '99 11:28 P.10 )RTH CAROLINA Fabruaty 12, 1999 I& Robert Kilroy, P.C. Attorney at Law 14889 U.S. plighway 17 P.O. Box 999 Hempstead, NC 28443 Dear Mr. Kilroy: i 29445 VANE n7 MA10H . :...V, OEXiEp 6upApq pgMp�ypmtn .� . .: . DOW AS Q MWUK Op{„p,•Npy S0WyQSMrrKWy0APFi7rW - TOM N,TNOMAS, CMMMM S RECEIVgp FEB 1 R 1999 Robert W. Kilray, P.C, In response to your letter of February 5,1999, concerning proposed improvements to Town Property located in the 2100 block of North Shore Drive, I offer the following comments: The Town of Surf City has applied for and received a state grant to develop property that it owns into a neighborhood beach access. A public hearing was held last summer with no opposition present Upon award of the grant, the Town of Surf City applied for a minor permit from the Coastal Resources Commission to develop the oceans Font property. Notice requirements were sent to adjacent properties.. Last Month, I had a meeting, at the site, `with most of the property owners and state officials. This past week, the Town of Surf City was granted the minor permit. It is the opinion of the Town of Surf City that North Shore Drive ends, as a public street, at the Surf City/North Topsail Beach town limits. From research that I have conducted, the State of North Carolina abandoned this street. Throughout its city limits, the Town of Surf City has accepted responsibility for the maintenance of North Shore Drive. North Shore Drive is listed as a Town sneer on Powell Bill maps that are submitted eabh year to the State of North Carolina. In recent years, the leown,of Sux£Citylias expended a large amount vipleney in, cleaning, clearing,. and' xe conatraating portions ofiToxtH Shore Drive in'that azea. In Nort)x Topsail �eacb, the Town does not claim North Shore Drive to be'a public strcct. ' The State of North Carolina abandoned the road prior to the incorporation o£the Town o£North Topsail Beach. My research indicates that the property owners that surrounded this dedicated street closed it for public use many years ago. First, Mr. Williamson closed access on this street from the north. Since about 1992, the " Proprietors 0£the Scotch $onnett Fis}iing Pier pieced a cable across this stree¢.tp;preents°fie: thus street from Surf City.. I have been that,the.1ippeIty` = :' ^" � ,o ... consider this-streetto be Closed, and that themerEy ." n power poles block the contaaacq"ofl+igrtii.Slroe N.C. ATTORNEY GENERAL Fax:919-716-6767 Feb 26 '99 11:29 P.11 The intention of Town sleff is to close only 20 feet of North Shore Drive from the North Topsail Beach town limits (where the mad currently dead ends) going south. It is the Town of Surf City's opinion that the closing of thus• small portion o£thc public street will dedicate half of the current right-of-way to the Town of Surf City (as a contiguous property owner) and the other half of the right-of-way will dedicate to Mr. Williamson (the other contiguous property owner). This small closing is necessitated by CAMA setback requirements for a small public bathr00rr All other proposed structural improvements are on property that is owned by the Town of Surf City. The Town Of Surf City will obviously Comply with all laws regarding closure of public streets. This Process has been delayed by waiting for the issuance of the minor CAM&permit, p,nsuent to discussions with Town allDMey Crary Trawick, I suspect the beginning ofthe notice requirements for closure of this small portion of North Shore Drive to occur shortly. The owners of properties 2, 3, 4, S, and 6 as described in your letter will not lose access to their properties because only the final 20 feet of this dead end street is proposed to be closed. The property owner of #6 actually gains the potential of additional parking for his apartment complex. In my meeting whhproperty owners at the site, I tried to alleviate concerns about increased tra8ic by pointing out that the proposed Town improvements will allow motorists to be able to tom_ around at the proposed beach access (currently, most vehicles have to turn around in Mr. Williamson's.parking area for his spattments.: A, curfew wooden crossover at the end of 91 i street and North Shore Dries currently creates situations where insensitive motorists park on the street right-of-way from 9 street down to Mr. 'Williamson's apartments. I shared my thoughts with property owners that a developed area for parking (and beach access through a handicap ramp system ) at the end Of North Shore Drive may encourage more orderly parking. Additionally, I Offered property owners 1-5 that I would meet with them to establish reasonable driveway accesses to their prgpertj. from North Shore Drive. I offered to post sigm9a on each, side of the agreed upon accesses that prohibited parking in those driveway accesses with police enforcement. T bravo tried to -be sensitive to their cencems of increased traffic -and park mg.problem& I feel strongly that the proposed improvements will help establish more orderly use of the beach and street rigbtaof-way in drat area, If the effort to'close the last 20 feet of North Shore Drive is true Will still proceed with the other co is ofthe m'ect (parking thhan the Town of Surf City However. instead of providing man' p hl; eV ramp access, etc.). i? ding permanent restxoom facilities, the Town of Surf City will be forced to provide temporary facilities (which can be placed within the current CAMA setback) such as Porta-Jons. I hope, for appearance sake, that temporary restroom facilities are not necessary. N.C. ATTORNEY GENERAL Fax:919-716-6767 Feb 26 '99 11:30 P.12 Through its Land -Use plan and other strategic planning efforts, the Town of Surf City is encouraged to provide access to the beach for citizens and visitors. I respect everyone's right to say that they do not wad these things 6� my fmatyard n The challenge for any government entity is to respect the rights of those who oppose public improvements while not denying the rvices that public demands Or desires. The beach access will be one of only two accesses that are accessible to the handicapped, Public laws and ethical considerations demand that this access be given. The Town of Surf City is forumete to have had theft oceaufront lots donated for public use. The Town of Surf City has gone through and Will continue to 90 through every legal effort to com ply with laws and repWdotis. Your letter indicated that your office now tepresegds a number of the lot owners. Given this situation, I Seel compelled to have any further toward Town Attonicy c}aiy Trawick. correspondence or discussions on this subject directed I will make myself available for any meetings or discussions that Mr_ Trawick advises me to attend. I hope this correspondence bag shed some light on the situation for you, and hopefully, it has corrected any »UgConception that the intent of the Town of Surf City was to close North Shore Drive from 9'ti Street north to the North Topsail Beach Town limits (whieh would effectively cause access ptnblems for some or all of your clients). Thank you for your consideration in this matter. Sincerely, Andy Hedrick Town Manager N.C. ATTORNEY GENERAL Fax:919-716-6767 Feb 26 '99 11:30 P.13 ;uT OF M COOIITY Off' 00ts: indrdur co, .•..a, w au, -Ad this „tea•_-- RTH CARpr Pi?.�,' .:-Beo....rh aSR..d:Nry Public oesaia wtw, 6eir� duty yyc om'o=tag according ro l e _: • ' taw, says that ha is _ of the TOPS ' Pif}3LISHE'g aB Y,DICE, a corPontior. ;or`aniied and Going bu"siaess antler the Laws.of tha nof 2 onh Carolina, andpabUs:ting a weekl; s„pap r ]mow as' T0PSAjZ VOICE in Fender COMM P. ,ilI G G �6� ibS� �N �401 2nd an dM 2; at r.,::�•• ; 2`GLrJGt� c. e• � U tollyl�'g K � and at d:e ri.: a vi'scSh pubiie�;ar, iOrSr.I� ' VOICE way 3 newspaper r-'gtur.-ne.:rsand qualigcaaonsPrescribed br Section u2+barC. _ ^~w SigS or this 7�dyo,;mP�edCi,�9f��T'.:•^-:•- Y . A.D.. 19Qa "a'hamoF, I have tWettnto d my of aciai sraI, the day afore,nid. -07/01/1994 00:12 919-527-4964 M&C SEPTIC TANK SER PAGE 02 NUULM W1KU V.*NL q5 sy/T'�• DCM FORM 5 PETITIONER'S NAME COUNTY one): PLEASE TAJCF- THIRD PARTY FMARING REQUEST ON CAMA PER 0T DECISION that the undersigned, a person. affected by the decision of (check a [.ocal Permit Officer acting on a LAMA Minor Development Permit Application; or, The Division of Coastal Management,:Department of Finvironment, Flealth, and Natural Resour4es and Community Development, acting on a CAMA Major Development Permit Application hereby =qIlImm pernussion fmm the Coastal Rmuf* Commission to Me an appeal pursuant to G.S. 113A-121.1(b). Requests are reviewed by the Chairman of the Coastal Resources Commission to detesminr whcthrr a hearing should be granted. The determination of whether to grant a hearing is in the sole discretion of thelChairman. 115A NCAC 7J.0301(b)l ; Factors considered by a Chairman in dote mining whether to grant a heating are as follows: (You must address Ibm factors before your Request will be reviewed.) (a) Whether the ppa#�tdt decision was contrary to any Vplicable statute ar regulation. [G.S. 113A-12.a.1(b)(1)3. Please set outbelow the statute ex regulation allegedly violated by the �e t decision. (b) Whether the Pe'tioner is directly affected by the permit decision. M.S. 113A- s directly affected by a decision include, but are not limited I f ]) any owner of real property in the vicinity of the property to be developed who can show that the proposed development is likely to have a significant adverse:Cf bct on the value and enjoyment of his property; and, i (^.) any pqn�n who can demonstrate a history'af substantial use of the public resources in the area directly affected by the deV81Optnent when the develop ent is within or touches upon an area subject to the public trust. Please state below in what wa j+ you are a peison directly affected by the permit qWiSlOn. I i I i I 07/01/1994 00:12 919-527-4964 M&C SEPTIC TANK SER PAGE 01 niinriieyG '.:i:r•i ;bba NCI£NR W1RO 'AGE 06 I (a) Whether the P honer has alleged facts or m&U legal arguments that deomonstrate that the request for the hearing is not frivolous. [G.S. 113A- 121.1(b)(3)j. Su marine the evidence you will premt at a hearing in support of your appeal. , g Af A N M =,e d 1 t2r Date ame of -Petitioner or Attorney Signature Address . B.EVI-AyJbLL )V .2&3`Iy' City State Zip Telephone Number Ncrm: Denial of alrequest for hcmdztg is a frnal decision which may be appealed under G.S. 113A.-12L1(b) and Chapter 150B, Article 4. NOTE: A Hearing tequest involving aj LAMA Minor Development Permit must include a Nerification by the local Permit Officer that thfte has been a final desist n by the local government on the Permit Appileation. (15A NCAC 77. 02y (A copy of the peru& decision attached to this form wW constitute I arlfication.) ]VOTE: This Req st must be filed :with the Director, Division of Coastal. Managem t, within twenty (20) days after the declefi3n by the Local Permit O or the Division'of Coastal Management. Failure to do so constitutes Iw,ttver of the right to request a hearing. r15 NCAC 77.0302(b)7 The origin Tearing Request should be fled with the: Due cwr, Division of Coastal Management Post Of l" Boat 27687' Ralgigh, North Carolina 27611-7687 - Wiro for SURF CITY Local Government SC-99-008 Permit Number Issued to I ENVIRO This permit,1 with the pern permittee to This perm deck, a wl sand retain Retaining V (1) Th� sha (2) Sup than (3) The pros incc (4) The (5) the This permit a ( qualified persons wi From the date of an mit must cease until This permit must permit officer when th Any maintenance under this permit requ ; All work must ceas _ 31, N In issuing this permit it is agreed that this project is consistent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal Management. ?re consistent stmay subject a and for �-'I ) it oOd AE.+Uw i name address (signature required if special conditions above apply to permit) Conditions Continued For Minor Permit #SC-99-008 General Conditions: (1) All proposed development and associated construction must be done in accordance with the permitted workplat drawing(s) as revised and received on December 11, 1998 (with the exception of relocating the retaining wall). (2) All construction must conform to the North Carolina Building Code requirements and all other Local, State and Federal regulations. 1 (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) Pursuant to 15 NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold or otherwise disposed of to a third -party. Ocean Hazard AEC Permit Reguirements: (1) The structure shall comply with the North Carolina Building Code, including the Coastal and Floord Plain Construction Standards, Chapter 34, Volume 1 or Section 39, Volume 1-B, and the Local Flood Damage Prevention Ordinance as required by the National Flood Insurance Program. If any provisions of the building code or a flood damage prevention ordinance is inconsistent with any of the following AEC standards, the more restrictive provision shall control. (2) The restroom must set back at least 60' from the first line of stable natural vegetation. (3) The structure must be located entirely off of the frontal dune, and if a primary dune is present, behind the crest of the primary dune. (4) The structure must be elevated on pilings with a diameter of at least 8 inches and bottom of lower structural members excluding piles must meet the 100-year flood level elevation. (5) All pilings within the Ocean Hazard shall have a top penetration of at least five feet (5') below mean sea level or sixteen (16') below average original grade, whichever at least. (6) Dune disturbances will be allowed only to the extent necessary for development and if the dune's protective value is not weakened or reduced. Disturbed areas will be immediately stabilized. (7) This permit may be renewed for one (1) year if requested before the expiration date. (8) The permittee is required to contact a Coastal Management Representative shortly before he plans to begin construction to arrange a setback measurement which will be effective for sixty (60) days` barring a major shoreline change. Construction must begin within sixty (60) days of the determination or the measurement is void and must be redone. (9) Sand used to strengthen dunes must be brought in from an outside source and must be of the same nature as the sand in the area in which it is to be placed. No sand is to be removed from the lot. (10) Any structure authorized by this permit be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two (2) years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed under CRC Rules. Dune Crosswalks: (1) Accessways shall be exclusively for pedestrian use, shall be no more than six feet (6') in width, and shall be elevated on pilings of no more than five feet (51 in depth so that only the pilings touch the sand. (2) Only negligible alteration of dunes is allowed during construction and any disturbed areas of vegetation shall be re -vegetated immediately. (3) The proposed deck shall be uncovered and less than 500 square feet in size. Town of Surf City Date State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Donna D. Moffitt, Director February 5, 1999 Dear Adjacent Property Owner: 4 •, w'�r NCDENR NORTH CAROUNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES The Minor CAMA Permit for the Neighborhood Beach Access at 2112 North Shore Drive near the end of 9th Street, in Surf City is being issued -today. Enclosed is a copy of that permit. The proposed development meets the development rules as set out in the Coastal Area Management Act. Should you wish to appeal the permit decision, you must do so within 20 days. The form you need to file the appeal is called a DCM Form #5, Third Party Hearing Request on CAMA Permit Decision. This form is available through the Town of Surf City Inspections Department or from the -Division of Coastal Management in Wilmington. Thank you for the interest you have expressed in this project and for your comments and suggestions. Please do not hesitate to call me with any questions that you may have, 910 395-3900. Regards, Janet M. Russell Coastal Mgt. Representative 127 Cardinal Dr. Ezt, Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper TRANSMISSION VERIFICATION REPORT DATE DIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 01/07 21:24 9-3284132 00:03:03 K ARD ECM TIME 01/07/1996 21:27 NAME NCDENR WIRO FAX 910-350-2004 TEL 9103502004 "irr 12/11/98 08: 47 FAX 9103284132 TOWN / SURF CITY Y M hJRF C/p� a �JI YI7 CjT 1 ORTkk Cp i.l / NORTH CAROLI N A 28445 FACSIMILE TRANSMITTAL VANCE E..(EE. '.uvri CE3TEn 3LL-\RD.:<vrr.;::, w;r.V a DO'JuLA3 C. ` FOUN.:mMCL:.^cCfi'eR moo N. rlCMAS. DATE: TIME: 8'.?0 TO: Ud.< ATTENTION: FROM: NUMBER OF PAGES INCLUDING THIS TRANSMITTAL: COMMENTS: {' //(, 9-Z�z J 7 Ac ess, Fax Number: 9z -Z,5o ,24py P.O. Box 2475 2 1 ;;. 1c.. Raver C.-:ve Te?e.p a:a 19?„I 3=3_.4'.:3; , 5.4X: (91Oj 525-4132 m , L 7TFF L7� 1w �-T- tt Wiro for SURF CITY Local Government SC-99-008 Permit Number CAMA MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina, Department of Environment, Health, and Natural Resources and the Coastal Resources Commission for development in an area of environmental concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management.' • ENVIRONMFNTAI rnNrFRN• as requested in the permittee's application, dated 11 /16/98 This permit, issued on 02/04/99 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 the construction of an 8' X 20' public restroom building, an 8' X 20' uncovered deck, a wooden elevated handicap ramp, an elevated beach access walk, two gravel parking lots and a sand retaining wall. Retaining Wall: (1) The retaining wall shall be constructed of horizontal boards (no greater than 2" treated lumber) and shall not exceed 48 inches in total height, nor exceed, 12 inches below grade. (2) Support posts shall not exceed 6 feet total length (including in -ground portion) or 4 inches in diameter, and shall not be closer than 4 feet on center. (3) The function of this structure is to retain sand off of the parking lot and shall not be designed for erosion control. Additional supports, such as, whalers deadmen cables, etc. shall not be incorporated into retaining wall design. (4) The wall construction must be consistent with all local ordinances and building code requirements. (5) the retaining wall location will be staked in the field by a representative of the Division of Coastal management so as to lessen potential impacts to the frontal dune system. (Conditions Continued On Following Pages) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this per- mit must cease until the appeal is resolved. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modifications not covered under this permit requires further written permit approval. All work must cease when this permit expires on December In issuing this permit it is agreed that this project is consistent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal Management. Local Permit Officer (signature) Janet M. Russell WILMINGTON REGIONAL OFFICE name 127 CARDINAL DRIVE EXTENSION WILMINGTON. NC 28409 address Permittee (signature required if special conditions above apply to permit) Conditions Continued For Minor Permit #SC-99-008 General Conditions: (1) All proposed development and associated construction must be done in accordance with the permitted workplat drawing(s) as revised and received on December 11, 1998 (with the exception of relocating the retaining wall). (2) All construction must conform to the North Carolina Building Code requirements and all other Local, State and Federal 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) Pursuant to 15 NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold or otherwise disposed of to a third -party. Ocean Hazard AEC Permit Reauirements: (1) The structure shall comply with the North Carolina Building Code, including the Coastal and Floord Plain Construction Standards, Chapter 34, Volume 1 or Section 39, Volume 1-B, and the Local Flood Damage Prevention Ordinance as required by the National Flood Insurance Program. If any provisions of the building code or a flood damage prevention ordinance is inconsistent with any of the following AEC standards, the more restrictive provision shall control. (2) The restroom must set back at least 60' from the first line of stable natural vegetation. (3) The structure must be located entirely off of the frontal dune, and if a primary dune is present, behind the crest of the primary dune. (4) The structure must be elevated on pilings with a diameter of at least 8 inches and bottom of lower structural members excluding piles must meet the 100-year flood level elevation. (5) All pilings within the Ocean Hazard shall have a top penetration of at least five feet (5') below mean sea level or sixteen (16') below average original grade, whichever at least. (6) Dune disturbances will be allowed only to the extent necessary for development and if the dune's protective value is not weakened or reduced. Disturbed areas will be immediately stabilized. (7) This permit may be renewed for one (1) year if requested before the expiration date. (8) The permittee is required to contact a Coastal Management Representative shortly before he plans to begin construction to arrange a setback measurement which will be effective for sixty (60) days barring a major shoreline change. Construction must begin within sixty (60) days of the determination or the measurement is void and must be redone. (9) Sand used to strengthen dunes must be brought in from an outside source and must be of the same nature as the sand in the area in which it is to be placed. No sand is to be removed from the lot. (10) Any structure authorized by this permit be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two (2) years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed under CRC Rules. Dune Crosswalks: (1) Accessways shall be exclusively for pedestrian use, shall be no more than six feet (6') in width, and shall be elevated on pilings of no more than five feet (5') in depth so that only the pilings touch the sand. (2) Only negligible alteration of dunes is allowed during construction and any disturbed areas of vegetation shall be re -vegetated immediately. (3) The proposed deck shall be uncovered and less than 500 square feet in size. Town of Surf City Date GIL -LON POW —mppon 1-1 E 01/21/99 10:19 FAX 9103284132 TOWN / SURF CITY Le 01 NpgSH y ORTH CAROLINA 28445 FACSIMILE TRANSMITTAL DATE TO: TIME: VANCE S. :IELVA R. lL9U'r'/.':CUW-il VtANIR OEX7CA ZVZL,Ro. _cLucx Arcv�w n [JOUYLiS C. LIEOLIN.-�JUwy'L(hA'pEH dUueT 7 _i.I1Ti.:.-WR P` .-ZM TC:OO N.. Gtbe.S .._u.aui.:aE�+oc= /0,1 /0 ATTENTION: FROM: NUMBER OF PAGES INCLUDING THIS TRANSMITTAL:_ COMMENTS: CAA IP--O� �, /C;;L. Fax Number: I0 - J6-0 9.0. Box 2475 21-s R:ver FAX: (910) C_13-4172 01/21/99 10:19 FAX 9103284132 TOWN SURF CITY 002 4 I also wish to mcsiw thO Mn MIGrAng seryms (for en 4&Ud4b eL*a tm): Imem -Prqsvmw� t 13 Addromee's AddMW Rmos mwmmr- the Mtm 2.13 R,,tictad Del'MrY Do," p,,towr for lh-a- Arddo Nun"r 395 3 a to; V11 4b. SOMUe TW8 r0ed E3 Irwro Ej COD 13 111""ftnST 7. Date Ot DOIlv8rY i twad Ai- Z;Z UNITED STATES POSTAL SERVICE Postage & Fees II II I Permit No. G-1DIass Mail Paid • Print your name, address, and ZIP Code in this box • 1/ b SENDER: v Complete items 1 and/or 2 for additional services. I also wish to receive the • •Comdata items 3, 4a, and 4b. following serVlces (for an »• • Rnnt your name and address on the reverse of this form so that we can return this extra fee): card to you. j •Anach this form to the front of the mallplece, or on the back if space does not 1. ❑ Addressee's Address m permit. at •Write'Refum Receipt Raquesfed'on the mailpiece below the article number. 2.0 Restdcted Delivery •The Return Receipt will show to whom the article was delivered and the date C delivered. Consult postmaster for fee. O � 3. Article sad to: C 4a. Article Number/ (y) I l U7 i 4b. Service Type E E �l 0 Q f egistered Y j ,{,Certified t C� �J epe� , ❑ Express Mail 1 ❑ Insured W / � I t7 Return Receipt for Merchandise ❑ COD JJ 7`3d 7. Date of Delivery _ -7 / it i Ived t ) B. Addressee's Address (Only if requested /f /�J and lee is paid) / 1 s5-97-n-0179 Domestic Return Receipt i State of North Carolina Department of Environment and Natural Resources, Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Donna Moffitt, Director January 19, 1999 Mr. Andy Hedrick, Manager Town of Surf City PO Box 2475 Surf City, NC 28445 Dear Andy: PIIBLIC BEACH AND COASTAL WATERFRONT ACCESS PROGRAM Thanks for meeting with me today and giving an update on the Ninth Street access project. I think the following addresses the two access questions we raised, and one other besides. The appeal period after the issuance of a CAMA permit is 20 days from the date of issuance. To the best of my knowledge, this permit has not yet been issued. The contract expires on September 30, 1999. All invoices for the project (labor and materials) must be dated prior to September 30. The final inspection and close-out package submittal occur before the end of October, 1999. Request for a contract extension should be submitted to me by mid -August for consideration. The contract between DENR and Surf City includes the following project description: Construction of restrooms and crossover to the beach, and gravel parking for 20-25 cars on unimproved oceanfront property belonging to the Town; constructed in accordance with ADA, NC Building Code and CAMA requirements. These specifications were taken from the project description in the final grant application. Unless I am mistaken, the actual number of parking spaces may now be reduced. Since the project is a neighborhood access, it will not be compromised by offering less parking. Let me know if we need to amend the contract to reflect less than 20 parking spaces. Of course, we encourage the town to meet the contract condition if at all possible, thereby making an amendment unnecessary. Please call if you have any additional questions. Sin 9 e re'ly? i oa D. Tuner Dist ` Planner CC.' Rich Shaw C.S.Stroud, Jr. 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer •--1 ff � 4��' � ,: .._ State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Donna D. Moffitt, Director January 5, 1999 Mr. T. W. Kaugher, Jr. 8041 Whitting Drive Manassas, VA 20112-4704 RE: Public Restroom & Beach Access North Shore Drive, Surf City, NC Dear Mr. Kaugher: .rA� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES This letter is written in reference to your objections about the proposed project described above. The proposed development planned by the Town of Surf City meets the conditions for development set forth in the CAMA regulations. Therefore the Division of Coastal Management will likely issue a Minor CAMA Development Permit for the proposed activity. Enclosed is a copy of a revised plan for the development. Please review this revised plan as soon as possible and fax additional comments to me at 910 350-2004. If you do not have fax capability, please forward comments by mail immediately. If you should wish to appeal the permit decision, you have that right. The necessary forms are enclosed and I will notify you when the permit is issued. The appeal must be filed with the Attorney General's Office within 20 days of notification of permit issuance. I will be glad to discuss the specifics of your objections to this project should you wish to call me at 910 395-3900. Mondays and Fridays are good days to reach me in the office. Sincerely, Janet M. Russell Coastal Mgt. Representative 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper 0 40% OeJOJ; < 5< A/ Share, Drivel iJ 77 I V, 417-5 No-r To !Scft1r._/ S J o fl e -rs-A h, .' t'�- NOV 1 g D 1998 DIVISICiN OF COASTAL MANAGEMENT j e, o-� Paves m n �- Dt CL.f-o- 4-o I4- 54�, 5-tye-v J' ,r��,,-✓�� f, ail 51 7® a 86& I , ,y y?J� bit �A `��I IMP YI 7. �d -a J-y 5o q -Ao S, IoOJ v 19-0 U y Jmq P+ 4x4 0 - nL r lb Fir I�.� •� A Ir �'�il I'M c NOV 161998 DIVISION OF COASTAL MANAGEMENT F;1 w5 I ---- - I 46 2 ec, c, h i Romp - G H��IIE�� RA< P \ NOV 16 1998 pnnsioN DF COASTALMANAGEMEI RAP\P ow- C,k IG W ��9 a, o� I Frar•. li � 9 P�B..�� cti._. �.� � e, Qauo.�e..%Sj I I 35� C9rGi✓� � f Ar/��/Lq I'7i-Gc� ftlr. Sa—es M. Q ss ll Iv,I1.,"N'S N c 5 -38I5 (L;TH.7. D NOV 0 4 1998 DIVISION OF COASTAL MANAGEMENT ®ear- �Ir I /1 ( ( ,(� `f �+ e b 1^ � C 1 .,r i s 1� e R a c�1 `, mac) l L le Jay rec,eI,� e v I� Cer� ��c l� c� o,n LC^2��Ia16 b� .e Tmw,. �� ��r-�- CA G a...L.., 5 e e l r o .,.5 YC7 c� ,( !COWS 1 e ,lj(� C C\c�l^�r©e \...-I 2-11 1ve G¢tL l�1 CO I o wl �� SC r o\v,I� do w.,G G p�eC�.Sion b \. S w. c.\me,`. i V Uri , 'ill H" r! i _— ���lA 3'N��abt.AM 1 ; _ • .i� 1r• __y _ JATa '.� - � J -Y' J i `7 -J i q -! Y • � f 1 ' 1 1: Mr. Steve Padgett Building Inspector Town Of Surf City P.O. Box 2475 Surf City, North Carolina 28445 Dear Mr. Padgett, 8041 Whitting Drive Manassas, Virginia 20112-4704 October 19, 1998 ED 1,� (D 19� � 77 NOV 04 1998 DL DIVISIor,i OF COASTAL MA14AGEMENT I strongly object to the Town of Surf City proposal to construct a public bathroom on the property adjacent to mine as presented in your letter of October 9, 1998. I own the vacant lot at 2022 North Shore Drive which is located next to the proposed bathroom. The home that previously occupied that lot was destroyed by Hurricane Fran in September 1996. I have been verbally advised on numerous occasions that the Town of Surf City will not issue a permit to rebuild because the lot is not deep enough to meet established set back requirements. For all practical purposes, I am denied the use of my property. From the diagram attached to the letter, it appears that you intend to condemn North Shore Drive 7'6" from city limits to enable the public bathroom to meet set back requirements. It also appears that you intend to construct a retaining structure in attempt to limit further beach erosion in front of the property. I note the it terminates at the edge of my property. As we know, a retaining structure of this nature has the tendency to invite erosion to adjoining properties. Therefore, it can only be assumed that my property will be further eroded as a result. I believe that the same standards that apply to citizens desiring to rebuild should apply to the City of Surf City. I believe that equal variances should also be granted to citizens of Surf City when requested. The proposed development shows a total lack of concern for those who have lost their homes where the remaining property no longer meets set back requirements. It is logical for me to assume that if your property is developed, my lot will be further deteriorated by those trespassing on mine as yours becomes full of bathers. My lot does not need its very fragile condition to be further degraded by your proposed actions. I request that a copy of this letter be attached to your request for a CAMA Permit when forwarded. I also request copies of all your correspondence on this [natter. If need be, I will take whatever actions to prevent your proposed development. Sincerely, T. W. Kaugher, Copy to: Vance E. Kee, Mayor Nelva R Albury, Council Member Dexter Blizzard, Council Member Douglas C. Medlin, Council Member Bobby Smith Mayor Todd N..Thomas, Councilcil Member 1hr SI —5 P't e(Z Re P va:S e. �Y�s�on o-* Co.s E . 1 ILI N. C-'a., ( OQ L'�I(r.....__I-- M r 9R?dn_C State of North Carolina ti : J)epartment of Environment -and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Donna D. Moffitt, Director November 5, 1998 Mr. Andy Hedrick Mr. Steve Padgett TOWN OF SURF CITY P. 0. Box 2475 Surf City, NC 28445 RE: 2112 North Shore Drive Proposed Beach Access Dear Andy & Steve: A14je:' NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Your application for the proposed public beach access, bathroom and parking at the above -referenced address is currently being processed. The Division has received two written letters of concern and one telephone call expressing objection to the project. The majority of the objections seem to involve lack of adequate parking. The proposed plans are vague where parking is concerned. It would be beneficial to know the size and number and orientation of the proposed parking spaces. Also, we need to be sure that individuals can pull into, out of, and turn around without trespassing onto private properties surrounding the beach access area. I am therefore placing your application on hold until a revised plan is submitted giving more detail about the proposed parking. Steve and I have discussed this over the telephone on this date. Please feel free to call me should you have questions. Sincerely, Janet M. Russell Coastal Mgt. Representative 127 Cardinal Dr. Eat., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% past -consumer paper Nov 6 '98 13:02 0 K 8-9103284132 State of North Carolina D6 artinent of Environment and Natural Resoarces Wilmington Regional Office 3ames'B: Hunt, Governor Wayne McDevitt, Secretary FAX.:Ct)V-3 SHEET Datei ' ' At ". X.6; Of Pages: TO: Fromi CO: _ FAX #a 3 6,81 :-FAX#:10-35)-2004 REMARKS: IV Urd(nal Drive Extendon, Wlfmfngton,N.G 28405.384$ TekQhooe (910) 3953900 Fix (91, 35u-acne Ail 6quol q(tpor vitity Alfrmgtiva Action Employer Nov 6 '98 11:22 1 0 K I / 18-9103291939 1 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office rA. Pc n u„irt_.(rovernor Wayne McDevitt, Secretary f r lei+ I37 Cardinal wive ExtenAoo, Wllmiugton, NP C:784bS5 3845 Teleph ne (910) 395.3900 Fax (910) 3504004 An Equal opportunity a Acti Employer 1J� 1 U 8-9103291939 State of North Carolina; Department of Environment and Natural Resources Wmington Regional Office James B. Hunt, ;Governor FAX COVER SHEET Date: 11 5 4 b N. f Pages: To: RO xi CO: FAX #: 910 329 -193q REMARKS Nov 6 '98 11:32 Wayne'McDevitt, Secretary row: XwL�// >cO: p C!-t FAX#• 91 n_3 -2004 12T Cardinal Drive Extension, Wilmington. W.C. 29405-M45 Telephone (9110) 395-3900 Fax (910) 350-2004 An£quat'Opportunity Airwrostive Action Employer . Locality GENERAL INFORMATION LAND OWNER / �] Name Address City AUTHORIZED AGENT Name Address City LOCATION OF PROJECT Permit Number %Y State! NL Zip � Phone State <Z_-�)//a. , (If not oceanfront, is waterbody natural or manmade?) DESCRIPTION OF PROJECT It Zip Phone r AREAS OF ENVIRONMENTAL CONCERN (AEC) CLASSIFICATION __— " -- - �` - (To be filled in by the Local Permit Officer prior to completing application.) Ocean Hazard Estuarine Shoreline ORW Shoreline Other O; i 14 PROPOSED USE l/ r Residential _ Commercial/Industrial _Other SIZE OF BUILDING IN SQUARE FEET 160 Size of other impervious or built upon surfaces (such as driveways, etc.) within 75 feet of the shoreline (575 feet of an ORW shoreline) SIZE OF SITE IN SQUARE FEET 00CJ OTHER PERMITS MAY BE REQUIRED ... The activity which you are planning may require permits other than the CAMA minor permit you are applying for here. As a service we have com- plied a listing of the kinds of permits which might be required. We suggest that you check over this list with your Local Permit Officer to determine which, if any, of these may apply to your project. This is not a requirement of LAMA, only a sugges- tion to help you complete your project as quickly as possible. Zoning, Drinking Water Well, Septic Tank (or other sanitary waste treatment system), Burning, Electri- cal, Plumbing, Heating and Air Conditioning, In- sulation and Energy Conservation, FIA Certifica- tion, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway Connection, Others: State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Governor FAX COVER SHEET Date: 11 5 9 b To: lRoyie- -Erne% CO: FAX#: TO 329 - 1935 a .. Wayne McDevitt, Secretary No. Of Pages: b From: SA ne T4sc� l/ *EO: �P CH FAX#: 910-350-2004 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone (910) 395-3900 Fax (910) 350-2004 An Equal Opportunity Alrirmative Action Employer c o b ma L% fay-�-eSS • I r r pi bra J�.l Pa rkr n� ({Yew G`GtJ/1 5 &0' oe j efa.(; � . J VLMGnf / ` Res`�-Y•oo�ks /V, Siiov< Gr � y C� J i pdQd' a.// /�I O✓-IM ✓�V.Z �(� din✓��l ((�� �(''eST 8041 Whitting Drive Manassas, Virginia 20112-4704 October 19, 1998 Mr. Steve Padgett Building Inspector Town Of Surf City P.O. Box 2475 Surf City, North Carolina 28445 Dear Mr. Padgett, I strongly object to the Town of Surf City proposal to construct a public bathroom on the property adjacent to mine as presented in your letter of October 9, 1998. I do own the vacant lot at 2022 North Shore Drive which is located next to the proposed bathroom. The home that previously occupied that lot was destroyed by Hurricane Fran in September 1996. I have been verbally advised on numerous occasions that the Town Of Surf City will not issue me a permit to rebuild because the lot is not deep enough to meet established set back requirements. For all practical purposed, I am denied the use of my property. From your diagram attached to the letter of October 9, it appears that you intend to condemn North Shore Drive 7'6" from city limits to enable the public bathroom to meet set back requirements. It also appears that you intend to construct a retaining structure in attempt to limit further beach erosion in front of the property to be developed. I note the it terminates at the edge of my property. As we know, a retaining structure of this nature has the tendency to invite erosion to adjoining properties. Therefore, it can only be assumed that my property will be further eroded as a result. I believe that the same standards that apply to citizens desiring to rebuild should apply to the City Of Surf City. I believe that equal variance should also be granted the Citizens of Surf City when requested. The proposed development shows a total lack of concern for those who have lost their homes where the remaining property no longer meets set back requirements required. It is highly logical for me to assume that if your property is developed, my lot will be further deteriorated by those trespassing on mine as yours becomes full of bathers. My lot does not need its very fragile condition to be further degraded by your proposed actions. I request that a copy of this letter be attached to your request for a CAMA Permit when forwarded. I also request copies of all your correspondence on this matter. If need be, I will take whatever legal action to preclude your proposed development. Sincerely, T. W. Kau Jr. Copy to: Vance E. Kee, Mayor Nelva R Albury, Council Member Dexter Blizzard, Council Member Douglas C. Medlin, Council Member Bobby C. Smith, Mayor Protein Todd N. Thomas, Council Member I ME A a My- F-M I ME' I ME 1 -01 North Topsail Beach, NC October 21, 1998 Town of Surf City P. O. Box 2475 Surf City, NC 28445 Attn: Steve Padgett, Jr., Building Inspector Dear Sir: OCT 2 6 1998 Di jib: i V OF COASTAL MAIgAGEMENT I have received a letter notifying Scotch Bonnet Property Owners of your intentions to build a beach access and comfort station on property adjacent to the Scotch Bonnet property. The facility is badly needed, and I commend you for your efforts. However, I have reservations about the limited amount of parking space that has been designated in the sketch that was enclosed in your letter. Since the Scotch Bonnet has been cleared, after Fran, there has been a problem with unauthorized use of the property for parking, dune crossover, and other uses. As you probably know, we have blocked entrances, posted the area, and taken other steps to secure the property. These measures have had limited success. Our concerns are that a beach facility next to our property will open our property again to all the problems mentioned above. The fact that we are just inside the jurisdiction of North Topsail Beach makes it more difficult to deal with these problems when they arise, and I foresee a political problem when we seek redress. The problems I have mentioned must be addressed before we can sign off on the beach access. While total separation of Scotch Bonnet property from the beach access is impossible, we think some crowd control could be done with fencing in areas along the property line and appropriate signs limiting access in these areas. r' huh\\I"I North Topsail Beach, NC We want to cooperate with you on this project. Please contact me. Yours truly dv� R. W. Gilbert P. O. Box 639 Sneads Ferry, NC 28460 Tel. 910-327-0336 Copy to: Dan Moury Janet Russell Andy Hedrick Charles Hammond State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Donna D. Moffitt, Director October 20, 1998 Mr. Andy Hedrick TOWN OF SURF CITY P. 0. Box 2475 Surf City, NC 28445 RE: 2112 North Shore Drive Dear Mr. Hedrick: T e,a . ram NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES On October 14, 1998 we received a CAMA Minor Permit Application for construction of a public beach access ramp, bathroom, and parking area within the Ocean Hazard Area of Environmental Concern. However; upon review of the information submitted, the following items are missing from the application: 1. Proof of notification of adjacent property owners 2. Check to DENR for $50.00 The application will be placed on hold pending receipt of the above information. Feel free to call with any questions that you may have, 395-3900. Regards, Janet M. Russell Coastal Mgt. Representative 127 Cardinal Dr. Ezt, Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2om An Equal Opportunity Afrurnative Action Employer 50% tecycled/10% post -consumer paper SITE DRAWING/APPLICATION CHECKLIST Please make sure your site drawing includes the following information required for a CAMA minor develop- ment permit. The drawing may be simple and not necessarily to scale. The Local Permit Officer will help you, if requested. PHYSICAL DIMENSIONS label roads label highways right of ways label local setback lines label any and all structures and driveways currently existing on property PHYSICAL CHARACTERISTICS draw and label mean high water mark (MHW) draw location of septic tank or filter field If you will be working in the ocean hazard area: ✓ draw and label dune ridges (note height) ✓drawand label toe of dune �G identify and locate first line of stable vegetation draw and label setback line under CAMA draw and label topographical features (optional) If you will be working in an estuarine shoreline area: draw and label landward limit of AEC describe terrain (slope) DEVELOPMENT PLANS ✓ draw and label areas that will be disturbed if a house is to be placed on lot, describe location of house note size of piling and depth to be placed in ground draw and label all areas to be paved or graveled describe composition of surface note and list fully all trees and vegetation to be removed or relocated show landscaping NOTE TO APPLICANT Have you: *completed all blanks and/or indicated if not applicable? *notified and listed adjacent property owners? *included your site drawing? *signed both application and statement of ownership? *enclosed the $50.00 fee? *completed an AEC Hazard Notice, if necessary? FOR STAFF USE Site Notice Posted Final Inspection Fee Received Site Inspections -, J� J OLT 14 203 COASTAL IViMIVAutPoIuVT Date of Action: Issued Exempted Denied Appeal Deadline (20 days) AEC HAZARD NOTICE Project Is In An: x Ocean Erodible Area _ High Hazard Flood Area Inlet Hazard Area 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 an AEC Hazard Notice and acknowledge that notice in writing before a permit for development can be issued. The Commission's rules onbuildingstandards, oceanfront setbacks and dune alteration 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. The best available information, as accepted by the Coastal Resources Commission, indicates that the annual ocean erosion rate for the area where your property is located is 2 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 255 feet landward in a major storm. The flood waters in a major storm are predicted to be about 1!ket 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 devices, including sand bags, may be allowed under certain conditions. This structure shall be relocated or dismantled within two years of becoming imminently threatened. The applicant must acknowledge this information and requirements by signing this notice in the below space. Without the proper signature, the application will not be complete. C-d.-'e- �� Applican— rs si�ature /o -9-Q� Date SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and erosion. Permits issued for development in this area expire on December 31 of the third year following the year in which the permit was issued. Shortly before work begins on the project site, the Local Permit Officer will determine the vegetation line and setback distance at your site. If the property has seen little change and theproposed development can still meet the setback requirement, the LPO will inform you that you may begin work. It is impor- tant that you check with the LPO before the permit expires for official approval to continue the work after the permit has expired. Generally, if foundation pilings have been placed and substantial progress is continuing, permit renewal may not be necessary. If substantial progress has not been made, the permit must be renewed and a new setback line established. It is unlawful to continue work after permit expiration without this approval. For more information, contact: Janet Russell, CAMA Field Local Permit Officer 127 Cardinal Lane North AddretMtR' NC 28405 Locality Phone 395-3900 01 " ="] H —\nT OCT 141:: COASTAL Mku4A6th;- 'T Revised 11193 BEFORE YOU'BUILD Setting Back for Safety: A Guide to Wise Development Along the Oceanfront When you build along the oceanfront you take a calculated risk. Natural forces of water and wind collide with tons of force, even on calm days. Man-made structures cannot be guaranteed to survive the force of a hurricane. Long-term erosion (or barrier island migration) may take from two to ten feet of the beach each year and, sooner or later, will threaten oceanfront struc- tures. These are the facts of life for oceanfront property owners. The Coastal Resources Commission (CRC) has adopted rules for building along the oceanfront. The rules are in- tended to avoid an unreasonable risk to life and property and to limit public and private losses from storms and long-term erosion. These rules lessen but do not eliminate the element of risk in oceanfront development. As you consider building along the oceanfront, the CRC Ere you to understand the rules and the risks. With this knowledge you can make a more informed decision about where and how to build in the coastal area. The Rules When you build along the oceanfront, coastal manage- ment rules require that the structure be sited to fit safely into the beach environment. Structures along the oceanfront must be behind the frontal dune, landward of the crest of the primary dune and set back from the first line of natural stable vegetation a dis- tance equal to 30 times the annual erosion rate (a minimum of 60 feet). Large structures (multi -family residential struc- tures greater than 5,000 square feet and non-residential structures greater than 5,000 square feet) must be set back from the first line of natural stable vegetation a distance equal to 60 times the annual erosion rate or 120 feet, SETBACK I SETBACK !� FIRST LINE OF 10 STABLE INATURAL AVERAGEALIAVERAGE 30 x ALI VEGETATION Q00 (EROSION I EROSION I IRATE e IRATE I QQQ I I ryk.4.�1 (LA RG STRUCTURES( I STRUCTURES) PERMITTED STRUCTURE; ADEQUATE SETBACK whichever is greater. If the erosion rate is greater than 3.5 feet/year, the setback is 30 times the erosion rate plus 105 feet. The Reasons The beachfront is an ever -changing landform. The beach and the dunes are natural "shock absorbers", taking the beatings of the winds and waves and protecting the inland areas. By setting back 30 or 60 times the annual long-term erosion rate; you have a good chance of enjoying the full life of the structure. At first, it seems very inviting to build your dream house as close to the beach as possible, but in five years you could find the dream has become a nightmare as high tides and storm tides threaten your investment. The Exception The Coastal Resources Commission recognized that these rules, initially passed in June of 1979, might prove a hardship for some property owners. Therefore, they estab- lished an exception for lots which cannot meet the setback requirement. The exception allows buildings in front of the setback line if the following conditions apply: (1) the lot must have been platted as of June 1, 1979, and not capable of being enlarged by combining with adjoining land under the same ownership, (2) development must be as far back on the property as possible and in no case less than 60 feet landward of the vegetation line, (3) no development can take place on the frontal dune (4) special construction standards on piling depth and squarefootage must be met and (5) all other CAMA, state and local regulations must be met. The exception is not available in the Inlet Hazard Area. To determine eligibility for the exception, the Local Permit Officer will make these measurements and observations: required setback from vegetation line exception setback (maximum feasible) rear property line setback max. allowable square footage on lowest floor lot area as calculated from vegetation line piling length needed to extend 4 feet below MSL PRE -PERMIT STRUCTURE; INADEQUATE SETBACK PRE -STORM BEACH PROFILE _� POST -STORM BEACH PROFILE ONE YEAR AFTER STORM/BEACH REBUILDING After the storm, the house on the dune will be gone. The other house has a much better chance of survival. fax cover sheet DATE: October 15, 1998 TO: Topsail Voice FROM: Thekla M. Spencer CAMA Wilmington Regional Ofice PAGES: 3 FAX#: 8-(910)270-9315 FAX#: (910)350-2004 Phone: (910)395-3900 RE: Town of Surf City/Andy Hedrick PROPOSED PUBLICATION DATE: Wednesday, October 21, 1998 State of North Carolina Department of Environment and Natural Resources A ��� Wilmington Regional Office ��� Division of Coastal Management N C D EN R James B. Hunt, Jr., Governor NO CA oum DFPARIMENr or Wayne McDevitt, Secretary ENVIRONMENT AND NaURA RESOURCES Roger N. Schecter, Director October 15, 1998 The Topsail Voice Mr. Steve Unger Post Office Box 880 Hampstead, North Carolina 28443 Re: Public Notice - Town of Surf City/Andy Hedrick Dear Sir: Please publish the attached Notice in the Wednesday, October 21, 1998 issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, and original copy of the published notice, and an original invoice to Chris Pope, Division of Coastal Management, P.O. Box 27687, Raleigh, North Carolina 27611. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, — Thekla M. Spencer Coastal Management Secretary Enclosure cc: John Parker Chris Pope File Copy 127 North Cardinal Drive, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Pursuant to NCGS 113A-119(b), the North Carolina Division of Coastal Management, an agency authorized to issue CAMA permits in areas of environmental concern, hereby gives NOTICE that on October 14, 1998, Town of Surf City/Andy Hedrick applied for a CAMA permit to construct a public bathroom (8'X20') with ramp and deck at 2112 North Shore Drive, Surf City, NC, Onslow County. The application may be inspected at the address below. Public comments received by October 28, 1998 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. Janet M. Russell Field Representative Division of Coastal Management 127 North Cardinal Drive Wilmington, NC 28405-3845 Phone: (910) 395-3900 PLEASE PUBLISH ON: Wednesday, October 21, 1998 ,---�1 ul cO ti G) z �1J r > = U � J Q I sxs" g' T FewcIIL Alr-ce.55 rr LU co r Lw yCD - o RArhP � RAti^�P S�ora, ye ae Gk r19a z6' Cara✓e ( Park%n-� /`7vGc� R Sfr�-fu v-e- E S �� [�PemigtNo. rst-ClassMall UNITED STATES POSTAL SERVICE �. ta& Fea9Paid uses G-10 • Print your narria address, End ZIP Code in this box • Town of Surf City P.O. Box 2475 Surf City, NC 28445 CAMA 2112 N. Shore �f I�I 11 n'non'��u'I'i'���Inln�nl��Iull'Iullll��u lt��� )ttvurm: Complete items 1 andlor 2 for additional services. I also wish to receive the -Complete items s, Ala, and 4b. following services (for an •Print your name and address on the reverse of this form so that we can return this extra fee): card to you. -Attach this form to the front of the mailpiece, or on the back it apace does not 1. ❑ Addressee's Address permit. •write'Return Receipt Requested'on the maillpece below the article number. 2. ❑ Restricted Delivery •The Return Receipt will show to whorn the article was delivered and the date delivered. Consult postmaster for fee. Thomas Kaugher 8041 Whitting Drive Manassas, VA 22111 g 6. 0 T A PS Form 3811, December 1994 X Z 076 559 384 ❑ Registered fj Certified ❑ Express Mail ❑ Insured ❑ Return Receipt for Merchandse ❑ COD and lee is paid) 102595 97 8 0179 UNITED STATES POSTAL SERVICE 111 I[IyETTEVI • Print your name, address, and ZIP Code in this box • Town of Surf City P.O. Box 2475 Surf City, NC 28445 CAMA 2112 N. Shore I I I I I I I III IIIIIIlIIIII II IIIIInIIII luIII luIIIIII IIIIIIIII{II pCP1umn; .Complete items 1 endlor 2 for additional services. I also wish to receive the •Complate items 3,441, and 4b. following services (for an • Print your name and address on the reverse of this form so that we can room this e,tra fee): Card to you. •Affach this tone to the front of the mailplece, or on the back if space does not 1, ❑ Addressee's Address Permit. • Receipt Requested* on the mailpiece below the article number. 2. ❑ Restricted Delivery *The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. a Robert Gilbert P.O. Box 2744 Surf City, NC 28445 Z 076 559 385 4b. Service Type ❑ Registered] Certified ❑ Express Mail ❑ Insured ❑ Return RZz,eceipt for Merchandise ❑ COD 7. Dat of Dili =cam 8. Addressee's Address (Only if requested and lee is paid) X PS Form 3811, December 19%4 1025W97$0179 Domestic Retum Receipt 5tick postage stamps to article to cover First -Class postage, certified mall fee, and :barges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier (no extra charge). 2. If you do not wars this receipt postmarked, stick the gummed stub to the right of the return address of the aside, date, detach, and retain the receipt, and mail the article. 3. U you were a return receipt, write the certified mail number and your name and address on a rerum receipt card, Form 3811. and attach a to the front of the article by means of the gummed ends if space Permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. if you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the from of this receipt ff ramm rpceipi is requested, check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and Present A if you make an inquiry. 102595-97 8-0145 i N rn rn a n Q C CD VC) �t a Z 076 559 385 us Postal Service Receipt for Certified Mail No Insurance Coverage Provided. uo not use ror mterrarronal man pee reverse Senn to Robert Gilbert Street d Number P.O. Box 2744 Post Ot&e, State. & ZIP Code Surf Cit NC 2844 Postage $ .32 Cerotbd Fee 1.10 Special Delivery Fee Restricted Delivery Fee Return Rec pl Showing to 1.35 Whom d Date Delivered Rem RwW Singgil.0 Whom, Dale, 8 n TO C �a 'G 2.77 P o .n f < t 4 n Stick postage stamps to article to cover First -Class postage, canifled mall fee, and charges for any Witcted optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the night of the return address leaving the receipt allached, and present the article at a post office service m window or hand it to your rural carrier (no extra charge), In 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the R return address of fire article, date, detach, and retain the receipt, and mail the article. 3, If you want a return receipt, write the mrtDed mail number and your name and address � on a return receipt card, Fort 3811, and attach it to the front of the article by means of the gummed ends if space permits. Olhervyse, affix to back of article. Endorse from of article .n RETURN RECEIPT REQUESTED adjacent to the number. Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the C addressee, endorse RESTRICTED DELIVERY on the front of the article. Co. 5. Enter fees for the services requested in the appropriate spaces on the from of this • € . receipt. ff return receipt is requested, check the applicable blocks in item t of Form 3811. 0 6. Save this receipt and present it if you make an inquiry. 102595-97-B-0145 d ' Z 076 559 384 US Postal Service. Receipt for Certified Mail No Insurance Coverage Provided. uo not use for uttemationai roan see reverse Sent to Thomas Kau her Street 8Ndmbw 4Whitting Drive Post Office. Stele, & LP Cab Manassas VA 22111 Postage $ .32 Ceffod Fee 1.10 Special Delivery Fee PaSbided Delvery Fee. Return Receipt o Whom 6 DaWpefferlild ZI 1.35 Rehm Date A, ftw* CITY TOT L & s-,' .77 p SITE DRAWING/APPLICATION CHECKLIST Please make sure your site drawing includes the following information required for a CAMA minor develop- ment permit. The drawing may be simple and not necessarily to scale. The Local Permit Officer will help you, if requested. PHYSICAL DIMENSIONS label roads label highways right of ways label local setback lines label any and all structures and driveways currently existing on property PHYSICAL CHARACTERISTICS draw and label mean high water mark (MHW) draw location of septic tank or filter field If you will be working in the ocean hazard area: draw and label dune ridges (note height) draw and label toe of dune identify and locate first line of stable vegetation draw and label setback line under LAMA draw and label topographical features (optional) If you will be working in an estuarine shoreline area: draw and label landward limit of AEC describe terrain (slope) DEVELOPMENT PLANS draw and label areas that will be disturbed if a house is to be placed on lot, describe location of house note size of piling and depth to be placed in ground draw and label all areas to be paved or graveled describe composition of surface note and list fully all trees and vegetation to be removed or relocated show landscaping NOTE TO APPLICANT Have you: *completed all blanks and/or indicated if not applicable? *notified and listed adjacent property owners? *included your site drawing? *signed both application and statement of ownership? *enclosed the $50.00 fee? *completed an AEC Hazard Notice, if necessary? FOR STAFF USE Site Notice Posted Final Inspection Fee Received Site Inspections Date of Action: Issued Exempted Denied Appeal Deadline (20 days) n oQ APPLICATION FOR CAMA ;D MINOR Tyr v r LOPMENT PERMIT In 1974, the North Carolina General Assembly passed the Coastal Area Management Act and set the stage for guiding development in the fragile and productive areas which border the state's sounds and oceanfront. Along with requiring special care by those who build and develop, the General Assembly directed the Coastal Resources Commission (CRC) to implement clear regula- tions which minimize the burden on the applicant. This application for a minor development permit under CAMA is part of the Commission's effort to meet the spirit and intent of the General Assembly. It has been designed to be straightforward and require no more time or effort necessary from the applicant. Please go over this folder with the Local Permit Officer (LPO) for the locality in which you plan to build to be certain that you understand what information he or she needs. Under CAMA regulations, the minor permit is to be issued within 25 days once a complete application is in hand. Often less time is needed if the project is simple. The process generally takes about 18 days. You can speed the approval process by making certain that your application is complete and signed, that your drawing meets the specifications given inside and that your application fee is attached. Other permits are sometimes required for development in the coastal area. While these are not CAMA-related, we urge you to check with the Local Permit Officer to determine which of these you may need. A listing is included on page 2 of this folder. We appreciate your cooperation with the North Carolina Coastal Management Program and your willingness to build in a way which protects the resources of our beautiful and productive coast. Coastal Resources Commission Division of Coastal Management Locality GENERAL INFORMATION LAND OWNER Name ,X/J 1 Address City AUTHORIZED AGENT Name Address City LOCATION OF PROJECT Permit Number STATEMENT OF OWNERSHIP I, the undersigned, an applicant for a CAMA minor development permit, begin either the owner of property in an area of environmental concern or a person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person listed as landowner on this application has a sig- nificant interest in the real property described therein. interest can be described as follows: (check one) an owner of record title, Title is vested in N see Deed Book page in the County Registry of Deeds. State 41L Zip Phone State Zip (If not oceanfront, is waterbody natural or manmade?) DESCRIPTION OF PROJECT N AREAS OF ENVIRONMENTAL CONCERN (AEC) CLASSIFICATION Phone (To be filled in by the Local Permit Officer prior to completing application.) kOcean Hazard Estuarine Shoreline ORW Shoreline Other PROPOSED USE Residential Commercial/hidustrial Other I` SIZE OF BUILDING IN SQUARE FEET A00 q/ Size of other impervious or built upon surfaces (such as driveways, etc.) within 75 feet of the shoreline (575 feet of an ORW shoreline) SIZE OF SITE IN SQUARE FEET `1006 OTHER PERMITS MAY BE REQUIRED ... The activity which you are planning may require permits other than the CAMA minor permit you are applying for here. As a service we have com- plied a listing of the kinds of permits which might be required. We suggest that you check over this list with your Local Permit Officer to determine which, if any, of these may apply to your project. This is not a requirement of CAMA, only a sugges- tion to help you complete your project as quickly as possible. Zoning, Drinking Water Well, Septic Tank (or other sanitary waste treatment system), Burning, Electri- cal, Plumbing, Heating and Air Conditioning, In- sulation and Energy Conservation, FIA Certifica- tion, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway Connection, Others: an owner by virtue of inheritance. Applicant is an heir to the estate of probate was in County. if other interest, such as written contact or lease, explain below or use a separate sheet and attach to this application. NOTIFICATION OF ADJACENT PROPERTY OWNERS I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. (Address) (1) \�/ IdYI[��/�lc¢ aJ FQY / 'G (3) (4) FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS: I acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to erosion and/or flooding. I acknowledge that the local permit officer has explained to me the particular hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabilization and floodproofing techniques. PERMISSION TO ENTER ON LAND I furthermore certify that I am authorized to grant and do in fact grant permission to 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 ap- plication, the ownership statement, the AEC hazard notice where necessary, a check for $50.00 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 a per- mit is subject to civil, crimi all d administrative action. This the � d y of 7 19_Z_0_. L� Land owner or erson authorized to act as his agent for purposes oTTding a CAMA permit application. r n s� FINAL APPLICATION PUBLIC BEACH AND COASTAL WATERFRONT ACCESSPROGRAM NO TAL MANAGE MEM PROGRA PROGRAM North Carofina Public Beach and Coastal Waterfront Access Program Please Complete a Separate Application for Each Proposed Project and submit to your Division of Coastal Management District Planner. Be sure to include the attached Summary Budget form. Local Government: Town of Surf City Local Administrator of this Project: Andv Hedrick Title: Town Manager Address: PO sox 2475 Surf Citv. NC 28445 Phone: 910-328-4131 Fax: 910-328-4132 Signature: L. I Date: June 1, 1998 Project Type: Neighborhood (Local, Neighborhood, Regional, Urban Waterfront Redevelopment) Demand for Access:High x Medium_ Low. Has this local government ever received an access grant from the NC Coastal Management Program? Yes X No If yes, please give date and project (if necessary, please list projects and dates on a separate piece of paper). Date: Project: Water Quality Classification: Ss Land Acquisition: Yes: No: X Site Improvement: Yes: x No: The following information should be attached to your application: ❑ A. Project Location Maps: 1) Regional location map 2) Detailed vicinity map (street map) ❑ B. Project Site Plans: 1) Site plan showing lot dimensions, applicable setbacks (zoning, CAMA, DOT, etc), known 404 wetlands delineation, other significant natural features on the site, and existing land uses on the site and on adjacent lots; 2) detailed site plan showing proposed construction. This application is continued on the reverse side of this page ❑ C. Project Description: Written description of the project; include information on features, construction timing, materials, cost estimates, proximity to closest/other access sites (all construction must be to state building code standards including handicap accessibility requirements). ❑ D. List For Each Parcel: 1) Name and address of owner; 2) local zoning and land use classification; 3) deed number, book, page and date; 4) assessed value (attach tax map; buildable or unbuildable); 5) name and address of adjacent property owners; 6) title opinion including attorney's NC State Bar#; 7) easement agreement(s) if applicable; and 8) required permits or certification (CAMA, zoning, etc) to be applied for. ❑ E. Is This Proiect A High Local Priority As Identified In Your Approved Land. Use Plan or Access Plan? Yes x No If so, attach a brief description of the plan policy and a statement of the extent to which the project implements the goals of the plan. If not, please explain the appropriateness of this site for public access. ❑ F. Is This Project Reflected In Other Local Policy Documents or Ordinances? Yes x If so, attach a brief description of the document or ordinance and a statement of the extent to which the project the project implements the goals of the document or ordinance. ❑ G. Proposed Summary Budget: The attached Proposed Summary Budget form must be filled out and included with your application. The Summary Budget is your best estimate of cost breakdowns for the proposed access project. ❑ H. Each Grant Application must be reviewed and approved by the local governing board at a duly advertised public hearing or public meeting. Attach a memorandum or resolution indicating the board's action on the project. R. RE L,v J hL H,�f THE TOWN General Description The Town is located five miles off U.S. Highway 17 approximately. 25 miles from the C North Carona and approximately 22 miles from the Cityof Jacksonville, North Carolina ( Jeune), on the southeastern coastline of the State in pander County and Onslow County. In E is approximately 100 miles from the City of Raleigh and 225 miles from the City of Charlott Interstate Highway 40, which has an interchange within 20 miles of the Town, has been c main artery hnking the southeastern part of the state with the rest of the Interstate Highw ppal highwayys to the Town are North Carolina highways 210 and 50. The North Caroli 'l ransportatton is in the process of repaving and widening U. S. Highway 17 to make it a fivi The Town is located on Topsail Island separated from the mainland by the Atlantic Ir way, except for six acres located on the mainland. The towns of Topsail Beach and North ' also located on the island. A drawbridge and a fixed -span high-rise bridge now provide acE The Town has a five and one-half mile long beach strand and enjoys a close proximity to lari ters, includinuthe resort, industrial, and overnmental areas of the City of -Wilmington, th, villa, and the United States Marine Corps�ase at Camp Lejeune. These factors along with i coastal and ocean fishing and its suitability for water -related sports have enabled the Towr ing popularity as a family beach resort and tourist center. The Town contains approximately 802 acres of which approximatecres are ; County and the remaining are located in Onslow County. Since 1992, the Mn'Towhas exercise traterntorial jurisdiction on the mainland as described further below. New York, N 50 MILE RADIUS M• .. .� J O N E ' ..... k, CNOiTIN O.P...'... roNEST Nv ST..w.,Po I 'Jac kson illy ` " .«P E II it D E R '' f1EW NANOVEN'"• 1/11111111r"�" - N - „ I. ;' JI s'•�: mow...... s W I C' K I iw.w.. 1TLANTIC OCEAN w, _ — Atlanta, Georgia 378 Miles Proposed Summary Budget Local Government: Town of Surf City Project Name: 9th StNeiehborhood Bch Acces: Assistance Requested Local Match Other Land Acquisition Costs Sub Total Costs Site Improvement Costs 40,500 13,500 Sub Total Costs 40,500 13,500 Other Costs (if applicable) Sub Total Costs Total Budget Rnrinnt Tnrei• 40,500 13,500 DCM Assistance Requested: S 40,500 Local Match: Cash Amount: $ i 1 Snn In -Kind Service: $ 2,000 Sp Other: $ Sp Total Proiect Costs: $ 54.000 8 Cl 744 Qlet�:c�t �-%.ceS.S �V'O�L)L 4-, b ,Lc...c.G.. 0 m ?a(9 �cJalls From f I t V A CG A T L O T RAV. P urn•-• t'R0 PE QTY L��E j G., T� L O C E �`i /J 13Er4C l{ FRoJT p F P u�F— 6� U E GETA T�o.•> �-�N E. 9 .o RET.1, SIaTcc¢G m VACA -J'l 1 R lam f RKtw G LoT l)F 6 ET /�T1 0,1J 6 Ho-P c'q ED Iu cc a O CO.) U i � W C r.5 BATN0u5G PH RALL Cr— CAA R V-i.�G GR�A SET-3A�K Pk�CIC- .S T2C E T- (5Nu2@ DRIuE> ��/ PrfC���LE P!t(Z1CI.,3to DEAO-E- vo OF sraEEi RPAKTwswTs VAr-AO'C L o T S wUu o C'3 L C2 os s uo E'2 R$ h z h $ ITE Hum"", 'SPAA.1�7_E R„ , LIMITS ACHY�tI 1 OR CITY 1_ CRut H ELO'm LIMITS 0 CT � IO N • r D A It ON PR 'I �I`II MOO" 1111 f AIRYIALE LR EER OR REP OP m n >! ROSEMARY �*'LN I D CHARL0 TE OUR Al RALEION WON P AT RIN9 t'ON A L R I A y OEEI(9p0, 1 A ty OOLO3p01 w ✓yam M "I E stl Al WIL NOTE A) ^y 121 ' la L O A " a L� 41 1�1� ✓i MECILENAu r.jA Sri WI of m o v T Y m 09, ; IIM , b S c A / a ° a~ m E, ry .F MOLLY OE-SMI. 1 N. I� FL s W y i m I I�H m 7 K I PIRN ST • h LAAE ion eApWyYPENDER COUNTY aa....... +-.+.. 'S si__.ONSLDW000NTY TH OI 31_ • el 3 CITY EMITS 001A ST RhPJHN$71 C-Ty LIMITS 5MIER St F NORTH CAROLINA 2 8 4 4 5 April 7, 1998 VAAICEE NEE. urcs;n :'IEL'.AP AOUPi.—.:;uw::Eu OGSTER BLIZZARD. 'CbACn. CIE'Ie q DOUGLiS C. 6IEGUN. iu:^Ii:uaE.rNEe --CSS : C. SDAITH. COST ESTIMATE FOR NINTH STREET PARKING AND RESTROOM FACILITIES WITH HANDICAP ACCESS: Ramp 273 Lineal feet 22,000.00 Deck 2,000.00 Bath and Storage 18,000.00 Retaining Structure 5,000.00 Gravel Parking 5,000.00 Water and Sewer Connection 2,000.00 TOTAL COST 54.000.00 P.O. SOX 2475 2!,... ;✓ ivrr . ve eig�!;. „e 1&: 2' 0^2-^. FAX: (9101 -4132 C. Project Description The Town of Surf City proposes to improve a 330' +/- tract of oceanfront property to create a neighborhood beach access. The oceanfront lots are unbuildable due to current CAMA regulations concerning setback from the vegetation line. Frances Carter donated the property to the Town of Surf City in December of 1995. The components of the improvement project are: Bathhouse structure with handicapped -accessible restroom facilities Access ramps to bathhouse, crossover to the beach, and access ramp to the beach Gravel parking for 20-25 cars A retaining structure (concept approved by Bob Stroud, Wilmington CAMA officer) to create space for parking (especially handicapped spaces) The improvements will take place on the northernly 150' of the property. Approximately 200' will be undisturbed. No current vegetation will be disturbed to make these improvements. The general specifications that will be in place for the improvements are: Pilings depth will be 16'. Pilings to be salt -treated to 4.0 level. Pilings will be 8"X8". All framing material, except roof sheathing, will be salt -treated to 2.5 level. Exterior doors will be 3'0"X6'8", 1 3/4" foam -filled fiberglass Exterior siding will be hardiboard lap siding - Interior siding will be 4'X8' hardiboard with smooth finish Floor will be finished with 12'X12" non -slip quarry tile and 6" wall splash All fixtures will be handicapped -accessible with appropriate grab bars Weather resistant switches and light fixtures to be provided Rough plumbing will be brought to ground -level. Town will connect at that point 2'Xl' louvered wooden vent will be provided for each room All construction to be in accordance with the N.C. Building Code - Contractors will be requested to submit quotes under similar conditions to Request for Quotes attached. Beginning construction dates will be modified to coincide with CAMA grant award. Work will be expected to be completed with 120 days of contract award. All lumber will be salt -treated. Lumber in contact with the ground will be 4.0 level. Other lumber will be 2.5 level. Pilings for ramps will at depth required by N.C. Building Code All ramp elevations will be in compliance with requirements for handicapped accessibility. See attached materials list for additional requirements All parking areas will have a minimum of 4" of crusher -run stone aggregate spread evenly over the parking surface Signage donoting parking area, handicapped parking, CAMA assistance, and bathhouse hours will be placed in appropriate areas. UnDF CITY NORTH CAROLINA 2 8 4 4 5 Reque t for Quotc, March 17, 1998 VANCE E. KEE. MAMR NELVA'A. ALBURY, COUNCIL MEMBER DEXTER BUZZARD, COUNCIL MEMBER DOUGLAS C. MEDLIN, COUNCIL METIER BOBBY C. SMITH, WMA PROTEM TODD N.THOMAS, COUNCIL MEMBER The Town of Surf City is requesting quotations from responsible contractors to construct a public rstroom facility as outlined and specified on attached plans and drawings at the Central beach access at the end of Roland Avenue and Shore Drive. By famishing a written quote, the successful quoter agrees to the following work conditions: 1) Contractor. agrees to begin construction of the project within fourteen days of notification of the award (tentative notification date is April 8, 1998). 2) Contractor agrees to have project satisfactorily completed and final inspections approved by June 8, 1998. 3) Contractor agrees to acquire all necessary permits from the Town of Surf City Inspections Department. 4) Contractor agrees to complete all phases and elements of construction to the total satisfaction of the Town Building Inspectors. 5) Contractor acknowledges that work will be performed in a congested public environment, and agrees to take necessary measures to insure safety of citizens and property. 6) Contractor agrees to furnish evidence of worker's compensation coverage for all employees and/or subcontractors working on this project. If the successful contractor is a single proprietor with no employees, evidence of health insurance with a minimum/ maximum coverage of $1,000,000 will satisfy this requirement Quote for Construction of Restroom Facility as per plans and specifications: Contractor will be paid within seven days of satisfactory completion of the project. Contractor Return to Town Manager by 5:00 P.M., Tuesday, March 31, 1998 at Town Hall —*7_--P-O^Box-2475 214-N. New.Aiver Drive Telephone{9.10) 328-4131 FAX 990 32&4132µ .1 } �2rgwY5 6 C�dSS�a6�25 Materials List 6" x 6" treated pilings - 8' center to center, at least 4' in ground 2" x 6" header each side of piling to support joists 2" x 10" joists 2" x 12" stair stringers, 3 per set of stairs 2 - 2" x 6" stair tread Handrail on steps - 2" x 4", top & middle, top rail 34" above step Handrail on walkway, 2" x 6" for top rail, 2" x 4" for middle 6" x 6" piling to extend up to catch handrail All supports to be bolted to piling with two (2) 5/8" galvanized bolts with washer each side Deck boards 2" x 6" All nails #12 or #16 common hot dip galvanized, no gun nails Walkway and steps 4' wide D. Parcel Information 1) Land Owner: Town of Surf City 214 New River Drive Surf City, NC 28445 2) Zoning: Area is zoned R-5. Construction of public facilities and beach access areas is permitted in residential sections. The land -use classification is Conservation -Public Beach Access. 3) Deed Info: Onslow County. Deed book 1341, Page 670, December 19, 1996 4) Assessed Value: No assessed value. Owned by Town. See attached map. Assessed value prior to donation: $ 125,730 5) Adjacent Land Owners: Scotch Bonnet Properties Thomas Kaugher 1972 Shirley Drive 8041 Whitting Drive Burlington, NC 27215 Manassas, VA 20112 6) Title Opinion: See attached deed. Title opinion has been ordered, and will be forwarded upon completion. 7) Easements: No easements are applicable. 8) Required Permits: The project site falls within 225 feet of the ocean vegetation line. A CAMA Minor permit will be required. Consultations with area CAMA officers about project improvements has been on -going. All proposed improvements have verbal approval. - U �9 .S oS3 oS/off (11) 15) 55 (14) 55 (55, 55 0_ (10) :To N (6) (7) (8) (9) 100 3S 3g A3S W ? 41 �q -.�� e <-'<, 6 3� 55 g4, I t j 49, 49 100, <. (d 57 8 61 <.` 58 45 45 N- ✓ ✓45' ~451 5) (6) 55 55 i0 70 sdssd^dw irrotvp ,il+'� IhUB ,��r6n�l� 1Sd�uoyl N 1120, 100 761s) 210 74 Ito l Z _ g A , 8 (lll 11 (10) (9) I IU (8) (56 _ (12) IIO gg 64 55 (31 (4) l5) (6) (l) (2) Go 55 55 55 55 �G G Ui itIOU m_ �' S) E (6 /0 n (1) (2) ((3) 64� N 6 42 105' " 60 60 — rt/1Pd,Q - -0j /e¢/ty qr r i 1. OF wls ESa EO VALUATION J • j , jT = _=T ) --- - J13 1' - }I ] •.; ; • TAP c l - _ ? T Y r = TAX COLLECTOR'S COPY No. 3 C 55 ; EVALUATION TAXES ' iE4L ESTATE PERSONAL 6X6w TOTAL CquNTY�V(IDE ./ �� G� •1 /IIRS��f1q .-.- 1 LATE LIST .p [L ACRES LOTS E9 FIPTION .war. L T Pxm. we rorwL _- � 1 7 2.17 J G� mars r. T __ .- .2 ....;CEO � INr. AMT. 10 JL: CN': T'Z 2 I J 1 T ` DATE PAID BY _ ] _ i �• _,? T - TAX COLLECTOR �. ? i OF A99691BD VALUATION TAX COLLECTOR'S Cory ' = - • N o. ] ~ / EVALUATION TAXES 'i`' CAL ESTATE PERSONAL g;6MAT. TOTAL _ COVN Y W10E Z ! .DOG, vPI ge-,i-i4 a LATE LIST a _.._ _r Ti.._� +1- r cEL ACRES LOTS DESCFIPTION ' •,RT. 'SUL \ Y / ALIT. GATE PAID %' BY TAR COLLECTOR OF ASSESSED VALUATION _ - V_- T ..... _.- J 1 Y - FAX COLLECTOR'S COPY No. d EVALUATION •,� / / Y'. TAXES ESTATE PERSONAL . TOTAL (:AL CR� LATE LIST a ACRES LOTS O 9 R PTION _ PwRi. i, a i% VVV . TOTAL � ii mars Il -- — —__+.� -- — — — — — — — -- Tu'N .G ur _ — — — 00 OR ASSESSED VALUATION Y•3' 'Ij i C •t 2+7 % 0.3i 14 313 ;? -" TAXCOLLECTOR'SCOPY TI I� -i;l�•`� ,: ` '.?= -TV r.'r ;,iG_- No. 17313 EVALUATION TAXES PHfl30 NAl 43" iT. TOTAL Y U Y/,,-m % %I 44t Y'( tiIF.FN •Y l LATE LIST 1;:3J533•) C' �5 53.1 T jRCALESTATE ACRES LOTS R P ION I PnRT. FT w. rorwL IM. - r . - '+" _. Y 1• _ 7' �5 DATE PAID ECTOR: :OO OR ASSESSES VALUATION 3 ° 44, 1 �ti . _ , _ .< 1 . V ; 1 T� -COLLECT(/Fr'S COPY j T ,. n < _ 'j _ - No. EVALUATION n TAX , .CAL ESTATE PERSONAL iaiN'TY. TOTAL 'f C—lt4 Y.(W OI W, .4 n y tlOy '( YP'.IRE DIS LATE LIST T -L - - 7T.1 .no {L ACRES LOTS O CR PTION / , \% -_ I GOSTS � - DATE PAID aY _ 1 . ! - \ _ u 1 _ / TAX COLLECTOR _s._ 4 1 IOO OR ASSESSED VALUATION �J - 3' .) -._ i =� T C � [� _ - - - v TAX COLLECTOR'S COPY No. _ T y - : - , _ EVALUATION 'TAXES 3 7 REAL ESTATE PERSONAL {. {M nT. TOTAL ! COUNTYI ViIO@ ( ! GOG ( `•RIflEO'IST.1 LATE LIST I"10. ACRES LOTS DES RIPTION w.T. _wa{t L: % SY. � TouL �M. wNr. PwiO y 1 . • _ DATE PAID EY .I - — - — - - TAX COLLECTOR PAGE i l) Excise tax: $ — 6— This instrument was drafted by Gary E. Trawick, Lawyer. P. O. Box 956, Burgaw, NC 26425-0956. The attorney preparing this instrument has made no record search or title examination as to the property herein described, unless the same is shown by his written and signed certificate. NON -WARRANTY DEED THIS DEED made this 21st day of December 1995, by and between: GRANTOR: Frances Carter (Widow of Hubert M. Carter) GRANTEE: Surf City, a North Carolina Municipal Corporation The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WHEREAS Grantor owns the hereinafter described lots either in her own right or by virtue of being the widow of Hubert M. Carter, and; whereas, the Town of Surf City is desirous of acquiring said lots to provide additional ocean access for the public or other purposes, and; whereas, Grantor has agreed to donate said lots to the Town. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, and convey unto the Grantee, the below described tract or parcel of land in St.,S,, .. ownship, Onslow County, North Carolina, and being more particularly desc bebed as follows: Being Lots 1q- 6 of Section 4, Block 26, of Old Settlers Beach as the same is shown in Ma Book L t Page a "Mt Onsl „ County Registr. p a. � oye 7/ o� ,� e „�,,,,o�.. ,.y Registry. TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and appurtenances thereunto belonging to the said Grantee, his heirs and assigns. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. iLCvweeis� (SEAL) rances Carter eux 13 41 PAGE 671 STATE OF NORTH CAROLINA, COUNTY OF f�L.sl>•7avGE I, V L. 47AVUEl- c7-4 a Notary Public for said county and state do hereby certify that Frances Carter personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the p�o ea,,,, therein expressed. �. •...• ••••' •. ,�, Witness my hand and notarial seal this the o?J27% day of December- �6 � <: e Notary Public 94. •........•• �• My commission expires: /iii►.ch 3.i�9� "oF�cou'141 NORTH CAROLINA, OttsLow Courcrr V. L. Manuel, Jr. The foregoing certificate(s) of Notery(ies) Public is (are) certified to be correct. This instrument was presented for registration and recorded in this office in Book 1341 page This 19th dayof 19 6 ., at 3 ' e'cloek P - M. By Aeginar oJD. Oyu Cmnry December aesuar of D-4-- by: Deputy/Assistant/Register of Deeds Implementation The Town is a contributing member of the Greater Topsail Island Chamber of Commerce. Additionally the Town contributed to an outdoor advertising campaign sponsored by the local real estate association. The Town uses funds collected through the accommodations tax for access maintenance and beach clean-up work. Application to Land Classes This policy applies to all classes. 10. Beach and Estuarine Water Access Policy The Town's policy was developed in the 1990 Public Shoreline Access Plan and is reflected below. a. It is the general policy of the Town of Surf City to: provide, ensure, protect, and maintain optimum public access to its ocean and estuarine shorelines, consistent with the right of access to public trust lands and waters, the need to protect and preserve the island's natural resources, and the protected rights of private property owners. b. To protect, preserve, and enhance for future generations the quality and integrity of the island; its ocean, dunes, and beaches, the maritime forests, and the estuarine waters and marshes, and all fisheries and wildlife habitats of the ecosystem. C. To develop, improve, and maintain its system of public shoreline accessways, using this plan as a guide to accessway location, present status, and community need information. d. To regularly assess the needs of public access facilities, seeking public input to insure that the community's needs and desires are known and to plan for meeting those needs. It is the policy of the Town of Surf City to: seek the opinions and comments of the community in the continuing public access program, and to inform them of the status of the existing facilities, improvement plans, and policy implementation on a regular basis. 58 e. To justify to the community the development or improvement, location, design, and continuing maintenance of accessways as described in the North Carolina Coastal Area Management Act and reflected in the location, site, use standards, and recommendations adopted through this shoreline access plan. f. To assure that all residents and property owners who will be affected by a proposed development or improvement of shoreline access be notified of the proposed action in advance, thereby allowing time for public comment. g. To consider aesthetic impacts when providing public access to the ocean and sound, and to assure that development and improvements of accessways are planned and carried out with due sensitivity to the natural environment and community appearance. h. To seek and acquire to secure the use of lands and facilities for public access to ocean and estuarine shorelines and waters through dedication, contribution, donation, developer impact fees or subdivision regulations, and financial (and technical) assistance from federal, state, and county governments. i. To work with the Coastal Resources Commission in the formulation and implementation of policies for beach access in coastal NC and to provide a local forum through which interested citizens, citizen's groups, and others may discuss public access needs. Implementation • The Surf City Zoning Ordinance • The Surf City Subdivision Regulations • Surf City Beach Access Plan Application to Land Classes This policy applies to all classes. 11. Anticipated Residential Development Policy a. Types: The predominant residential types anticipated are: 59 F. Other Local Policy Documents Included for review are two documents that reflect the work of a strategic planning subcommittee that was established to study beach access issues (in addition to other things). The first document is a recommendation (approved by the Town Council) to approve the construction of a beach access that is requested in this project. The second document is the entire subcommittee recommendation on all subjects, which includes beach access. At a Town Council retreat in late March, the Town Council accepted all of the recommendations concerning beach access for inclusion in a Strategic Planning Document. This document has not been prepared for publication by the deadline of this application. Whereas the Land Use plan makes general statements in support of acquiring and developing additional beach accesses, the work of this strategic planning subcommittee was the impetus for the development of this specific project. Recommendation January 30, 1998 To: Surf City Town Council From: Beaches and Tourism Strategic Planning Committee One of the tasks of the Beaches and Tourism Strategic Planning Committee is to assess the Town's current beach access capabilities and make recommendations for possible improvements. A full report on the committee's findings will be forwarded to the Town Council for their consideration at the March retreat. However, given potential outside funding sources and the need to apply for that funding be certain dates, the committee forwards this recommendation for the Town Council's consideration at this time. issue Oceanfront lots have been donated to the Town of Surf City that are located on North Shore Drive from 91h Street to the North Topsail Beach town limits. As a piece of the overall beach access plan, the committee has determined that a "neighborhood" type access area that includes bathroom facilities, a cross -over, and adjacent parking would be the best use of that donated property. The preliminary cost estimates to develop such a "neighborhood" access range from $50,000 to $55,000. The State of North Carolina sponsors a beach access financial assistance program through the Coastal Resources Commission. Their program provides up to 75% funding by the state with the local share potentially consisting of a combination of cash and in -kind labor. The preliminary applications are due in April with final applications due by July. Grant awards are made in September. Recommendation Given the amount of time and work that will be necessary for the Town Council to absorb all of the different committee recommendations, the Beaches and Tourism Strategic Planning Committee did not want to chance the idea that the entire recommended beach access plan may not be approved and incorporated into a Strategic Plan by the April preliminary application deadline. The Town's ability to implement a neighborhood beach access into this area of town will be greatly enhanced by receiving state grant funds for its development. Additionally, the work on this access area could be phased, so that some benefit of these donated lots can be gained this tourist season. Components such as parking spaces could be constructed for use this summer, with the labor and expense being shown as the Town's local share in the grant application. Development of major capital facilities such as the bathrooms could be implemented this fall with the grant funds. The committee unanimously recommends that the Town Council commit to the development of a neighborhood beach access on these donated lots and authorizes the Town Manager to seek available outside funding within the timelines mandated by those outside funding sources. March 10,1998 The Beaches, Recreation, and Tourism Subcommittee of the Town of Surf City's Strategic Planning Initiative studied various topics in order to present recommendations to the Town Council. The topics included, but were not limited to, the following: Beach Access Planning Dune and Beach Restoration Parking Regulations Tourism Promotion Non -Beach Recreation Facilities Thoroughfare Planning which includes a definition of the "downtown" area with the coordination of vehicular traffic, bicycle traffic (bikeways), and pedestrian traffic (sidewalks). am, ViNORM The subcommittee considered several elements in the formation of recommendations related to beach access. Traffic flow (reduction of congestion and increase in efficiency) was a major consideration for the public beach access areas located on Shore Drive between Highway 50 (the S-curve) and Dolphin Street. The number of available off-street parking spaces was another consideration. A third consideration was the location of off-street parking areas. The challenge was to blend these factors into a cohesive plan which considered the interests of permanent residents, weekly or daily visitors which rent accommodations in Surf City, and individuals who visit for several hours and return home outside of Surf City (day-trippers). Currently, the only beach access areas which offer public parking are located on Shore Drive between Charlotte Avenue and just north of Wilmington Avenue. Additionally, a large amount of commercial development in the form of motels, restaurants, retail stores, public pier fishing, real estate sales offices, and a bank exist in this area. Seasonal traffic which tries to access the public parking for beach access competes with traffic trying to access these commercial establishments. It appears that the intersection of Roland Avenue and Shore Drive becomes a hub of traffic with traffic traveling in four directions to enter the commercial area, find beach access parking, and exiting from these areas when the visiting is over. Directing the flow of traffic away from this busy intersection should lead to less congestion, should improve safety, and should make better use of available public parking. A 1995 report to the Town of Surf City from North Carolina Department of Transportation recommended that Roland Avenue, east of Topsail Drive, be changed to one-way traffic. The subcommittee recommends an extension of one-way designation to Shore Drive. South Shore Drive would have one-way traffic in a southerly direction while North Shore Drive would have one-way traffic in a northerly direction. The subcommittee recommends that the designation of one-way traffic on Shore Drive be phased in order to test the effects of the change. Phase One of implementation would be for Roland Avenue to be designated as one-way in a easterly direction from Topsail Drive to Shore Drive. Northern and southern implementation of one-way traffic on Shore Drive would begin at Roland Avenue and extend to Wilmington Avenue and Charlotte Avenue respectively. Future extension of one-way status on Shore Drive to Dolphin Street and the Highway 50 (S-curve) would occur if the pilot area is successful. A side benefit of this designation of one-way traffic would be the opportunity to create a bike/walking lane on the present pavement of Shore Drive. In the proposed Phase One area, many residents and visitors staying at local motels would have the opportunity to access a bike/walking lane to visit "downtown" area businesses and beach crossovers (as previously recommended by the Recreation Commission and.Town Councils). The subcommittee identified the need for additional public parking spaces. A review of the current situation determined that 100 +/- parking spaces currently exist. The subcommittee recommends that a goal of no less than 200 parking spaces be set and obtained by Januaryl, 2000, or as soon as possible. Some avenues that the Town should explore include soliciting the donation of property for parking, entering into lease agreements for adjacent parking on off -beach lots, and maximizing the use of existing Town right-of-way for parking. An additional factor in beach access planning was the location of beachfront off- street parking. The subcommittee recommends that beachfront parking south of the S- curve on Highway 50 not be developed. The subcommittee recommends the development of beachfront off-street parking in other areas besides the Shore Drive area between Dolphin Street and Highway 50 (the S-curve). Utilizing two of the three recommended methods above, the subcommittee identified two additional areas for beachfront off-street parking. One location was in the vicinity of Broadway Avenue and North Shore Drive. A 100 foot right-of-way exists on Broadway Avenue between Highway 210 and Shore Drive. A 25 car parking area can be created in this area with easy access to the crossover located at Broadway Avenue and Shore Drive. Additional possibilities exist to lease/purchase an adjacent lot on North Shore Drive for more parking or future amenities. A second recommendation for additional off-street beachfront parking is the utilization of oceanfront lots located on North Shore Drive, north of 9th Street, for a neighborhood beach access. This recommendation was forwarded to the Town Council for consideration in February. State funds will be requested to develop a cross -over, restroom facilities, and parking (all handicapped accessible). At a minimum, additional parking spaces should be available for the summer in 1998. Implementation of these recommendations for off-street beachfront parking should accomplish two goals. One accomplishment would be the addition of about 50 parking spaces. The other accomplishment would be to offer visitors the opportunity for beach access parking away from the congested "downtown" area. Town staff should continue to develop dune crossovers when donated access is given to the Town. Town staff should budget for the construction of a dune crossover on property given to the Town by developers of the Windward Kay subdivision in fiscal 1998-1999. Town staff should explore the possibility of development of a dune crossover in the North Shore Drive and Dolphin Street area. The arrival of Hurricanes Bertha and Fran in 1996 put the Town of Surf City in a business that it had heretofore shied away from. That business was dune restoration. Previously, it was the duty of oceanfront property owners to protect their properties (and others') by contracting for beachbulldozing and planting vegetation. With the hurricanes destroying many oceanfront homes, leveling the dunes in many places, and threatening to make Highway 50 a part of the Atlantic Ocean, it became necessary for the Town of Surf City, under emergency conditions, to accept the role of coordinator and implementor in trying to restore a protective sand structure on the oceanfront. In addition to storm recovery activities, the Town has undertaken an active role in 1997 and 1998 to pay for or secure funding for a city limit to city limit beachbulldozing effort and vegetation and sandfence project. Costs for these activities will exceed $115,000. To put that monetary figure into perspective, the entire budgeted revenue for accommodation tax receipts is $90,000 (FY 97-98). For strategic planning purposes, the question is "should the Town of Surf City plan to do dune restoration projects of this magnitude on a regular basis T' The subcommittee feels positively that efforts of this nature provide a public benefit to all citizens of Surf City by providing protection from minor storm activity. However, it is unlikely that state/federal funding will be available on a regular basis to assist with these efforts. The subcommittee makes the following recommendations on the issue of dune restoration: Maintain CAMA permit to perform beachbulldozing activities on an "active" basis Restrict fund balance in the General Fund to provide funding to perform "emergency" dune restoration activities in the event of storm damage Appoint a task force of citizens to study on -going dune restoration activities. Public hearings should be conducted on the subject with discussion of funding. Exploration of a beach renourishment project should be studied. The current status of beach renourishment projects is hazy, at best. Only one new beach renourishment project is recommended in the Federal FY99 federal budget. Even with the current formulas of 65% Federal participation and a maximum of 25% State participation, the local share for Surf City to perform a significant beach renourishment project along 6.2 miles of coastline would exceed 1.5 million dollars. The subcommittee recommends that the task force on dune restoration gather additional information on beach renourishment and report back to the Town Council. For the majority of the year, parking on Town and State rights -of -way does not present appreciable problems. Seasonal activities that bring visitors to the beach and/or the local fishing pier create congestion. Excessive litter is created when visitors either transport food to the beach or eat out of their cars on breaks from fishing. As the number of visitors to the beach increase, coupled with the reduction in fishing piers in the area, parking on rights -of -way is having undesirable side effects on traffic safety, pedestrian traffic, and appearance. The subcommittee recommends that measures be taken to restrict parking on Shore Drive during certain times of the year. From the period of time from May 15th to November 30th, no parking should be permitted on the right-of-way of Shore Drive from Charlotte Avenue to Wilmington Avenue. The no parking restriction should be created by local ordinance with a graduated fine structure. If ticketed for parking on the right-of-way, the fine would be $20 if paid within 72 hours. If paid between 72 hours and 10 days, the fine would be $30. If not paid within 10 days, the fine would be $50. The subcommittee recommends that no parking be posted and enforced year-round on Highway 50, south of the S-curve to the Topsail Beach town limit line. In order to enforce responsible use of the two most popular beachfront parking areas (Central beach access at Roland Avenue and the vehicular beach access at Kinston Avenue), the subcommittee recommends that those beach access areas be regulated with paid parking requirements. The subcommittee envisions a system used at Carolina Beach where patrons pay for parking by inserting money into a secured box that is assigned to their parking space. Enforcement is easily handled by checking the secured box. No money in the box means you get a ticket, similar to the fine described above. Details about the parking amount and length of time would be decided by Town Council. Paid parking at these two accesses would encourage use of other accesses in Town and lessen congestion in this area. ,_ ' .... . The subcommittee received a presentation from Jeanne Nociti, Director of the Greater Topsail Area Chamber of Commerce and Tourism. The subcommittee voted to go on record as acknowledging the work of the Chamber as a positive force in the promotion of Topsail Island and advocating continued support for its efforts from the Town of Surf City. The subcommittee discussed, at length, the need for promotional efforts that focused on Surf City, rather than just Topsail Island. While Ms. Nociti offered the Chamber as a vehicle for this emphasis, discussion centered on a separate group which might not be in conflict with the Chamber's mission of promotion of the entire Topsail Island area (which includes Snead's Ferry & Holly Ridge). After much discussion, over two separate meetings, the subcommittee voted unanimously (with one abstention) to recommend that the Town Council appoint a committee to develop recommendations on the promotion of Surf City to potential visitors and guests and report their findings to the Town Council. In addition, the subcommittee recommends that the Town Council appoint a member of this strategic planning subcommittee to that effort in order to be able to share the many ideas that were thoroughly discussed. Non -Beach Recreation Facilities The development of non -beach recreation facilities such as parks, tennis courts, walking areas, picnicking areas, ballfields, water -based facilities which may include boat ramps, and playgrounds enhances the quality of life for permanent residents, part-time residents, and visitors. Given the tremendous expense of developing and maintaining public non -beach recreation facilities, proper planning and public support are two essential ingredients. The development of a Town of Surf City Master Plan for Recreation Facilities provides the planning effort to explore all possibilities and solicit public input into the development process. Master plans are becoming a necessary pre- requisite for any state/federal funding. The subcommittee recommends that the Town Council appoint a Recreation Advisory Committee and charge this group with the development of a Master Plan by January 1, 1999. The State of North Carolina has employees that can assist the Town Manager and the Recreation Advisory Committee in the development of this plan. Any opportunities for recreation development that may appear in the planning process can still be acted upon quickly if the need arises. Thoroughfare Planning Coupled with the effort to develop recreation facilities for residents and visitors, a study of how vehicles and people get from one place to another is critical to the location of public and private areas where people gather. In many communities, the area where many people gather or are destined to gather is the "downtown" area. Defining the downtown area helps planning efforts for the location of parking and pedestrian means of travel (walkways). The subcommittee recommends that the downtown area of Surf City be defined as the area on the island designated as C-1, in addition to a small area of C-2 designation that extends south on Highway 50 from High Point Avenue to Durham Avenue. With this area defined, planning efforts can begin to establish desirable traffic flows for vehicles and pedestrians. The subcommittee recommends that the Town Council authorize the Town Manager to work with the North Carolina Department of Transportation to develop a thoroughfare plan for Surf City. This study would use the downtown area as a hub and recommend parking, biking, and pedestrian walkways that will enhance the safe flow of vehicles and people throughout Surf City. The subcommittee recommends that the study take into account the desire to establish some soundfront public gathering areas and development of the best method for visitors to access them. Once bikeways and walkways are determined for the downtown area, a distribution network throughout other areas of town can be developed. The target date for completion of this study should by January 1, 1999. H. Local Governing Board The Town Council of Surf City approved the recommendation of a public strategic planning committee to apply for CAMA grant funds for this neighborhood access project at a regular public meeting of the Town Council on February 3, 1998 (minutes attached). However, to comply with the spirit of the CAMA final grant application, the Town Council has agreed to have an official public hearing on the development of the project at its regularly scheduled meeting on July 7, 1998. Neighbors and area businesses have expressed private support for the project. It is anticipated that strong public support for this project will be forthcoming at the public hearing. Regular Council Meeting February 3, 1998 Page 2 Beach & Tourism Strategic Planning Committee Recommendation The Beach and Tourism subcommittee have been working on a total beach access project for the town. Manager Hedrick requested Council approval for town staff to apply for CAMA grant funds for the six lots north of the 9th Street beach access. Proposed improvements include rest rooms, parking spaces (a neighborhood access with 15 to 20 spaces), and a crossover close to the rest rooms. One third of the property cannot be used for any of the proposed uses. A rough cost estimate is $50,000; CAMA allows applications up to $75,000. Motion by Council Member Albury, seconded by Council Member Medlin to apply for grant funds. Council Member Thomas expressed concern over cutting away some of the dune to provide for the facilities. Manager Hedrick related that the committee proposed a three to four feet high bulkhead on the street side of the dune to create an area for a bathhouse and parking. Council Member Albury suggested closing N. Shore Drive from 9th Street to the end of Surf City's town limits; this would not be possible since closing the street would deny property owners access to their lots. Council Member Thomas favored parallel parking, but not rest rooms or parking other than parallel. The motion carried by a 3 to 1 vote with Council Members Albury, The -nee Medlin and Blizzard voting aye, Council Member Thomas, no. FY 1997-98 Budget Amendment & Solicitation of Bids -Sand Fence & Vegetation Project Surf City qualified for $56,560 state assistance for sand fence and vegetation. No money was allocated for labor; prison labor will be used to accomplish the project. Motion by Council Member Thomas, seconded by Council Member Medlin, and unanimously carried to adopt the budget amendment attached to these minutes and incorporated herein by reference and to solicit sealed bids for sand fence and beach grass. Large Item Pick -Up Manager Hedrick recommended a large item pick-up like in previous years to exclude yard waste and building materials. He suggested that the event be scheduled for the week immediately following Easter. Motion by Council Member Medlin, seconded by Council Member Albury, and unanimously carried to schedule a large item trash pick-up as recommended by the town manager. Notice of the pick-up will be placed on utility bills. Planning Retreat Motion by Council Member Albury, seconded by Council Member Blizzard, and unanimously carried to hold the March planning retreat for Tuesday and Wednesday, March 24 and 25, 1998. Fender County Municipal Association Chairman & Representative Motion by Council Member Albury to appoint Mayor Kee to chair the Fender County Municipal Association during the current year. The motion was seconded by Council Member Blizzard and unanimously carried. Council Member Albury volunteered to serve as Surf City's representative; motion by Council Member Medlin, seconded by Council Member Blizzard, and unanimously carried to appoint Council Member Albury as Surf City's representative to the Pander County Municipal Association during the current year. The annual meeting of the Association will be held 2/27/98, 7 pm, at St. Helena Town Hall. Central Beach Access Rest Rooms Motion by Council Member Medlin, seconded by Council Member Thomas to get a cost on building rest rooms at the central beach access, and to schedule a special meeting on February 12 at 5 pm to discuss the rest rooms and award contracts for sand fence and vegetation. The motion unanimously carried. Treasure Coast Landing Site Plan At Council Member Medlin's request, he was excused from discussion and voting on this agenda item by motion of Council Member Thomas, seconded by Council Member Blizzard, and unanimously carried; Council Member Medlin has no monetary interest, but he prefers to be excluded from participation in any action concerning topic. Charles Riggs and James Lewis with Chades Riggs and Associates. Inc. were present to answer questions concerning Dan Medlin's site plan. The lift station designed to handle sewer for the seven units proposed is a single pump with an alarm; if the event of future development of the site, a duplex system will be required. Maintenance of the lift station will always be with the owner. Allotted parking spaces are for retail units only. Council agreed last May to provide water and sewer service to the site, at the property owner's expense. Motion by Council Member Thomas that this sheet two (2) of the submitted site plan (attached to these minutes and incorporated herein by reference) be approved with water and sewer service. The motion was seconded by Council Member Blizzard and unanimously carried. Manager's Report Manager Hedrick presented the second quarter financial report for Council. No update has yet been received on the status of Surf City's mitigation grant applications. Inez Bradt requested financial assistance from Surf City for Big Sweep