NTB_15-26_Gray

A
Issued by WiRO
North Topsail Beach
ISSUED BY CRC VARIANCE
CRC-VR-15.10
Permit Number NTB 15.26
CAMA
MINOR DEVELOPMENT
PERMIT
as authorized by the State of North Carolina, Department of Environmental Quality
and the Coastal Resources Commission for development in an area of environment
concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area
Management'
Issued to Dowell T. Gray, Jr. authorizing development in both the Estuarine Shoreline (ORW) Areas of Environmental
Concem (AECs) at 8708 31d Avenue, in North Topsail Beach, Onslow County as requested in the permittee's application
package, dated October 13, 2015, and received by DCM on October 26, 2015. This permit, issued on March 28, 2016,
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 is issued by Coastal Resources Commission Variance - Final Order dated, March 4, 2016. All proposed
development and associated construction must be done in accordance with the application and work plat drawings dated
received October 26, 2015 and November 2, 2015, and subject to the following stipulations of the CRC Variance Final
Order and additional permit conditions listed on Page 2.
(1) All proposed development and associated construction must be done in accordance with the permitted work plat
drawings(s) dated received by the Division of Coastal Management on November 2, 2015.
(2) All construction must conform to the N.C. Building Code requirements and all other local, State and Federal regulations,
applicable local ordinances and FEMA Flood Regulations.
(3) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and
modification of this permit.
(4) A copy of this permit shall be posted or available on site. Contact this office at [phone] for a final inspection at
completion of work.
(Additional Permit Conditions on Page 2)
This permit action may be appealed by the permittee or other qualified persons
within twenty (20) days of the issuing date. This permit must be on the project (/ Jason Dail
site and accessible to the permit officer when the project is inspected for CAMA LOCAL PERMIT OFFICIAL
compliance. Any maintenance work or project modification not covered under
this permit, require further written permit approval. All work must cease when this 127 Cardinal Drive ExteIIVED
permit expires on: Wilmington, NC 2860 41MINGTON, NC
December 31, 2019
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.
APR 7 NIS
PERMITTEE
(Signature required if conditions above apply to permit)

Name: Dowell T. Gray, Jr.
Minor Permit # CRC-VR-15.10
Date: March 28, 2016
Page 2
(5) All buildings/structures shall comply with the NC Building Code, including the Coastal and Flood Plain Construction
Standards of the N. C. Building Code, 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
are inconsistent with any of the following AEC standards, the more restrictive provision shall control.
(6) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective
sedimentation and erosion control measures. Disturbed areas shall be vegetated and stabilized (planted and
mulched) within 14 days of construction completion.
(7) The amount of impervious surface/coverage on this property shall not exceed 28.34% within 575 feet of the Normal
High Water line.
(8) This permit does not authorize any impacts to wetlands or open water(s).
(9) Pursuant to 15A NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold or otherwise
disposed of to a third -party.
(10) If a court of competent jurisdiction determines that a party other than the permittee has legal title to any part of the
area approved for development under this permit, this permit shall be null and void as to the area the court
determines is not owned by the permittee. This condition shall take effect on the date such court judgment becomes
final. In such event, the permittee shall consult DCM prior to initiating or continuing any further development under
this permit
SIGNATURE: LW7' ^" z"' ` DATE:
PERMITTE�
RECEIVED
DCM WILMINGTON, NC
APR 0 7 2016

Coastal Management
ENVIRONMENTAL QUALITY
March 30, 2016
Mr. Dowell T. Gray, Jr.
313 North Cedar Street
Huntington, WA 25705
Dear Mr. Gray:
PAT MCCRORY
Gnmmnr
DONALD R. VAN DER VAART
Sec nq.
BRAXTON DAVIS
L limoor
Attached is CAMA Minor Development Permit No. NTB 15-26 for work to be done at 8708 3`d Ave.,
in North Topsail Beach, Onslow County. A copy has been a -sent to your agent, Tom Russell, and to
the Town of NTB Inspections Department.
In order to validate this permit, please sign both copies of the permit as indicated for our records.
Retain the orange copy for your files and sign both pages of the white copy and return to us within
20 days of receipt, in the enclosed, self-addressed envelope
This is not a valid permit until it is signed and returned to our office.
Thank you for your prompt attention to this matter.
Enclosures
cc: WiRO files
Tom Russell, Agent
Town of NTB
Sincerely,
Shaun K. Simpson
Permit Support Technicia
Nothing Compares
State ofNonh Caroline I Environmental Quality I Coastal Maaegenwt
127 Cardinal Drive Eat., Wilmington, NC 29405
919 796 7215

PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
Environmental
Quality
November 13, 2015
CERTIFIED MAIL - 7007 0220 0000 8224 5201
RETURN RECEIPT REQUESTED
Dowell T. Gray, Jr.
313 North Cedar Street
Huntington, WV 25705
RE: DENIAL OF CAMA MINOR DEVELOPMENT PERMIT
APPLICATION NUMBER- NTB15.26
PROJECT ADDRESS- 8708 3b Avenue, North Topsail Beach, North Carolina
Dear Mr. Gray:
After reviewing your application in conjunction with the development standards required by the
Coastal Area Management Act (CAMA), it is my determination that no CAMA permit may be granted for the
project which you have proposed.
This decision is based on my findings that your request violates NCGS 11 3A-1 20(a)(8) which requires that
all applications be denied which are inconsistent with CAMA guidelines. You have applied to construct a
residential structure at the project address, which as applied, is inconsistent with 15 NCAC 7H .0209 (f)(1),
which states: "Within the AEC for estuarine and public trust shorelines contiguous to waters
classified as ORW by the EMC, all development projects, proposals, and designs shall limit the built
upon area in the AEC to no more than 25 percent or any lower site specific percentage as adopted
by the EMC as necessary to protect the exceptional water quality and outstanding resource values
of the ORW, and shall. (A) have no stormwater collection system; (B) provide a buffer zone of at
least 30 feet from the normal high water line or normal water line; (C) otherwise be consistent with
the use standards set out in Paragraph (d) of this Rule.".
Should you wish to appeal my decision to the Coastal Resource Commission or request a variance from
that group, please contact me so I can provide you with the proper forms and any other information you may
require. The Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC
28557, must receive appeal notices within twenty (20) days of the date of this letter in order to be
considered.
7as
ectfullyy rs, ''
al
,
b
ield Representative and Local Permit Officer (LPO),127 Cardinal Drive, Wilmington, NC 28405
cc: WiRO — files
Agent — Future Homes c/o Tom Russell,16663 Hwy 17, Hampstead, NC 28443
Terrie Woodle, Town of North Topsail Beach

NOpusTI(C'��]Tz
E-
Beach, Onslow County.,'
COMMENTS ACCEPTED THROUGH 4n 9nol
APPLICANT:
Dowell T. Gray Jr.
-313 N Cedar Street
Huntington, WV 25705
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
IdCDiv- of Coastal Managiement
Wi1rnangton, NC 28405
2san Mail, Field Representative
910-796-7221
Tom Russell (M) 270-3313
now 1�-Aw

IMPERVIOUS CALCULATIONS
PROPOSED HOUSE/PORCH AREA-----1350 SO. FT.
PROPOSED 2-2' GRAVEL DRIVE STRIPS ---- 136 SQ. FT
TOTAL AREA IN TRACT------------5004.0 SO. Fr.
TOTAL IMPERVIOUS AFNER COMPLETION --- 1486.0 SO. FT.
■ OF IMPERVIOUS COVERAGE --------- 29.7% (0.297)
ALLOWABLE [ OF IMPERVIOUS COVERAGE ------ 25.OX
**NOTE**
ENTIRE AREA IS LOCATED
WITHIN THE 575' AEC. I
LOT 223
MB 3 PG 46
R EIVED AP
DCM W MINGTON, NC
NO 0 2 2015
LOT 224
MB 3 PG 46
SEWER LIFT
STATION N
- R/W----
LOT 222
MB 3 PG 46
51'50'25" E
49.97'
10' MBL— — L
m PROPOSED
HOME
I
la
01
N
O
�I qg
12.h' a RS'"
L
2ND
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h
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O
VICINITY MAP NO SCALE
LOT 221
MB 3 PG 46
FIP
5004.0 50. FI.
Lb��25
NB 3PG 46
DB 3586 Pc 204
-L1Lr J.1 __1NI_
ROPE GATE /�� FMN01-
EDGE OF \P
I SETBACK: 20'
SETBACK: 8'
STREET SETBACK: 15'
SETBACK 10'
LOT 226
MB 3 PG 46
IN POWER POLE
MSL (NAVD 88)
FIS
N 32'02'52" W -0
49.90E
N 32'00'43" W
151.30'
in!
PAVEMENT 50.00' \ Z I
N 32'02'52" W
3rd AVENUE OfN5TH AV/ENUE�ANDECTION I
40' R/W ISLAND DRIVE
FLOOD INFORMATION
FLOOD ZONE: VE
BASE FLOOD ELEVATION: 12.0'
FREEBQARD: +2.0'
LHM TO BE: 14.00'
NAVD 88 DATUM
FLOOD CERTIFICATION
THIS IS TO CERTIFY NHAT THIS PROPERTY IS
LOCATED IN A FLOOD HAZARD ZONE EVE' PER
COMMUNITY i 370466 Phu 4265J
T CERTFY NAT NIS MAP WAS DRAWN UNDER MY
5UPERVISOH FROM AN ACTUAL SURVEY MADE UNDB
AY SUPERNSON FROM A DEED RECMDED IN DEED
30 3586 PACEIM OR OTHER REFERENCE SOURCI
AS
MEE S HE
PRACTICE FD@UN PING
�IX1NA (21 NQC THIS ,
SEAL
L-2904
I
UNE BEAMNG 106MNCE
LI N CREW H E 1 23.24
I
I
8708 3RD AVENUE
PRELIMINARY PLOTOPLAN 30' 60' 9o,
IE\$D 11/2/15-REOSED IUPERNWE, ADDED AEC KOM
UNE
NOT SURVEYED
fpMPUl� POUT IHY-LOMEST HpRIZONTAL MEMBER R'Yr- 1F'f.'�'IT WAT Tp�_-_- IETT PpKN`NAI
--DEED ^"z� NB --WAR BfIOK DISH Np T
1IjLATON IN
E--DRAIN A UTUTY EASEMENT
56--SATFILTE TF__ ,y rl
RCAfL SOVRCE
_ --
Q 't THIS
NAWRIL
SURVEY FOR: DOWELL GRAY. JR.
D S
I
SUBDWISION: SEA HAVEN BEACH
LOT j` . 225 BLS: N/A SECTION:
3
GAIRY CANADY SURVEYINI
P.O. BOX: 915
ONSLOW COUNTY STUMP SOUND
TOWNSHIP
9103 RICHLANDS HIGHWAY
REVI D 10/7/15; 11 2/15
OATS 9 29 15 SCALE: :-3 FB 262
RICHLANDS. NC 28574
_.I
OFFICE: (910)-324-4616

Roy Cooe>R
ATfbRI lLt GF 4BR
Dowell T, Gray, Jr.
3.13 North Cedar Street
Huntington, WV 25705
STATE.OF`NORTI--I. & R.OLINA
DEPARTMENT OFJUMCE
P O.'$ox 60 REPLY TO: MARF L. LuCAME'
11AL"C11; NC 27602" Rvt�ao�+iL� rnt Dnasio
' a-. (919) 71 G6962
rAR: (919) 71"767
mlumu c@Ilr(!Oj.gov
March 4, 2016
CertlflM Mail%Return Receipt Requested'
Re:. Variance Requestfor Coastal Area Management Act (CAMA) Permit,
CRC-VIZ-1510
Dear Mr. Grays,
At its February 9, 2016 meeting, the Coastal Resources Commission granted Petitioner -
Powell Gray's request for a.variance.. Attached is a copy of the final agency decision signed by
the Chair of the Coastal Resouuces Commission. Prior to undertaking the -development for which
a variance was sought, you must first obtain a CAMA permit from the local permitting authority
or the Division of Coastal Management.
If for some reason you donot agree to the variance as issued, you havc the rightao appeal
the Coastal Resources Commission's decision by filing a petition for judicial review in` the'
superior court as provided in N.C.G.& '§ 15OB-45 within thirty days rafter receiving:: the final'
agency decision. A copyof'the.judicial review petition must be served on the Coastal Resources
Coinmissiods`agent for service'.ofprocess at.the�following address:
Sam M. Hayes, General Counsel
Dept. of Environmental Quality
1601 Mil Service'Center
Raleigh; NC 27699-1601
If you` choose to file a petition for judicial review;;I request that; you also serve.a copy of
the petition for. judicial review on me at the address listed in the letterhead. If you have any
questions, please feel free to contaccine..
0-1
utyAttornay, General and'
the Coastal Resources .Commission

Dowell T. Gray, Jr.
March 4, 2016
Page 2
cc: Frank D. Gorham, III., electronically
Christine A. Goebel, Esq. electronically
Braxton Davis, electronically
Angela Willis, electronically

STATE OF NORTH CAROLINA ) BEFORE THE NORTH CAROLINA
COASTAL RESOURCES COMMISSION
COUNTY OF ONSLOW ) CRC-VR-15-10
IN THE MATTER OF: )
PETITION FOR VARIANCE ) FINAL AGENCY DECISION
BY DOWELL T. GRAY, JR. )
This matter was heard on oral arguments and stipulated facts at the regularly scheduled
meeting of the North Carolina Coastal Resources Commission (hereinafter Commission) on
February 9, 2016 in Atlantic Beach, North Carolina pursuant to N.C. Gen. Stat. § 113A-120.1
and 15A NCAC 7J .0700, et seq. Assistant Attorney General Christine A. Goebel, Esq. appeared
for the Department of Environmental Quality, Division of Coastal Management (DCM) and
Petitioner appeared pro se. Upon consideration of the record documents and the arguments of the
parties, the Commission adopts the following:
STIPULATED FACTS
1. Petitioner, Dowell T Gray Jr., owns property located at 8708 3rd Avenue in North
Topsail Beach, Onslow County, North Carolina (the "Site"). Mr. Gray has owned this property
since 1985 according to deeds recorded at Book 3586, Page 204 and Book 748, Page 374 of the
Onslow County Registry, copies of which were provided to the Commission as stipulated
Exhibits attached to the DCM Staff Recommendation.
2. The Site is located within 575 feet of Stump Sound which, at this location is
classified as an Outstanding Resource Water ("ORW'� by the Environmental Management
Commission. These waters are also classified as SA waters, are open to the harvest of shellfish,
and are designated as a primary nursery area ("PNA").

3. The Site is located within the ORW Shoreline sub -category of the Coastal
Shorelines Area of Environmental Concern ("AEC") as it is located within 575 feet of an ORW-
classified water body. Pursuant to N.C.G.S. § 113A-118, development of this site requires a
CAMA permit.
4. The Site is approximately 5,004 square feet (or 0.11 acres) in area according to a
Site survey by Gairy Canady, PLS which was included with the application materials provided as
a Stipulated Exhibit as an attachment to the DCM Staff Recommendation.
5. This lot does not meet the definition of a "small lot" as that term is defined in 15A
NCAC 7H.0209(d)(10)(J) (i.e., a lot with sewer which is 5,000 square feet or less). Moreover,
even if it did meet that definition, the small lot definition is applicable to the Commission's 30
feet buffer rule and is not a consideration when considering whether the development is in
compliance with the Commission rule which addresses the 25 percent ORW impervious limits.
6. There are currently no structures or development on the Site. Petitioner asserts
that he and his wife had a singlewide mobile home on the property until it was destroyed by
Hurricane Fran in 1995.
7. On or about October 26, 2015, Petitioner, through his authorized agent Tom
Russell of Future Homes, applied for a CAMA Minor Permit with the Division of Coastal
Management since the Town of North Topsail Beach does not have an LPO program at this time.
A copy of the permit application materials was provided to the Commission as an attachment to
the DCM Staff Recommendation.
8. Later on October 26, 2015, Jason Dail, DCM Field Representative, notified
Petitioner's agent by email that the application was incomplete as it did not include information
2

regarding the driveway's impervious surface area. Mr. Dail also informed Petitioner that this Site
had a 25 percent impervious surface or "built upon area" limitation pursuant to 15A NCAC 7H
.0209 (f)(1), and suggested redesigning the project to comply with the rule. A copy of his email
was provided to the Commission as a Stipulated Exhibit as an attachment to the DCM Staff
Recommendation. Petitioner's surveyor provided the requested information on November 11,
2015.
9. Petitioner's CAMA Minor permit application proposed the development of a
1,200 (25 feet by 48 feet) square foot three -bedroom home and a six by twenty-five feet (150
square foot) covered front porch, a driveway made up of 2 feet by thirty-four feet gravel strips,
and porch steps (considered pervious).
10. On October 14, 2015 Petitioner met with Mr. Russell in person to review the
options and look at other home designs that would lower the built upon area. The Petitioner
asserts that since this will be his residence, he requires three bedrooms and 1200 square feet of
living space.
11. During a phone call in early -November, Mr. Dail explained to Mr. Russell and his
colleague Mr. Vollrath that Petitioner could apply for the permit. If the permit is denied,
Petitioner could apply for a variance from the impervious surface limit rule.
12. Pursuant to the Commission's rules for minor permit applications, notice was
posted on Site, and was send to the adjacent riparian owners. DCM received no comments or
objections regarding this project.
13. On November 13, 2015, DCM denied Petitioner's CAMA Minor permit
application due to its inconsistency with the Commission's rule limiting impervious surfaces
3

within the ORW Coastal Shorelines AEC found at 15 NCAC 7H .0209(f)(1). A copy of the
denial letter was provided to the Commission as a Stipulated Exhibit attached to the DCM Staff
Recommendation.
14. On December 11, 2015, Petitioner submitted his variance petition seeking to
construct the development as proposed. According to the Stipulated Facts agreed to by DCM and
Petitioner, Petitioner is willing to decrease the driveway strips from 2 feet to 1 foot in width. As
a result of this reduction, the development would result in impervious surface on 28.34 percent
of the Site.
15. Without a variance, Petitioner could have Future Homes engineer him a 1000
square foot home in order to meet the AEC's impervious surface limits. Petitioner asserts that he
cannot afford to construct a 2-story home with more square footage which would be another
means to reduce the percentage of impervious surface area on the Site. Once Plaintiff retires, he
plans to make the proposed development his permanent home.
16. Petitioner did not propose a stormwater system in connection with the proposed
development. The Commission's rules at I SA NCAC 7H .0209(f) prohibit stormwater systems in
this ORW Shoreline AEC in order to accommodate development.
STIPULATED EXHIBITS
Included with the Petition and the Staff Recommendation for the Commission's review
were the following Stipulated Exhibits:
a. Deed Book 3586 Page 204, and Deed Book 748 Page 374;
b. Site survey by Gairy Canady revised October 7, 2015;
C. CAMA minor permit application dated October 13, 2015;
d. October 26, 2015 email from DCM to Petitioner's agent;
e. November 13, 2105 Permit denial letter from Jason Dail;
f. PowerPoint of site photographs;
4

CONCLUSIONS OF LAW
1. The Commission has jurisdiction over the parties and the subject matter.
2. All notices for the proceeding were adequate and proper.
3. Petitioner has met the requirements in N.C.G.S. § 113A-120.1(a) and 15 NCAC
07J .0703(f) which must be found before a variance can be granted as set forth below.
a. Strict application of Specific Use Standards for Outstanding Resource
Waters Coastal Shorelines Rule will cause unnecessary hardships.
The Commission affirmatively finds that strict application of the Commission's rule
regarding limits on impervious surfaces set forth in 15 NCAC 7H. 0209(f) would cause
Petitioner unnecessary hardship. The Outstanding Resource Waters ("ORW") Coastal Shoreline
Rule is designed to limit built upon areas in the AEC and ensure that development within the
coastal shorelines is compatible with and does not harm the biological and physical functions of
the shoreline system. This rule requires that estuarine shorelines immediately contiguous to
waters classified as OSR shall be considered part of the estuarine shoreline AEC for 575 feet
landward from the normal high water level or normal water level.
Without the variance, Petitioner would not be able to build the proposed single-family
residence on his Lot. DCM agreed in its staff recommendation, and the Commission concurs,
that the proposed development for this modest lot results in a relatively de minimis impact which
is just slightly greater than the 25 percent limitation imposed by the rule. Specifically, Petitioner
has modified the design and narrowed the driveway strips to a one foot width. Accordingly, the
built upon area will cover 28.34 percent of the lot which is 167 square feet over the limit for this
lot. Given the small area at issue and the specific circumstances in this case which will result in a
de minimis impact on this estuarine shoreline AEC, the Commission finds that strict application
E

of this rule would cause Petitioner hardship. Thus, the Commission affirmatively finds that
Petitioner has met the first factor without which a variance cannot be granted.
b. Petitioner has demonstrated that the hardship results from conditions
peculiar to his property.
The Commission finds that Petitioner has demonstrated that the hardship results from.
conditions peculiar to the property. Specifically, Petitioner's property is a vacant lot situated
adjacent to the Stump Sound AIWW in close proximity to the ORW shoreline. Moreover, the
Site is small containing only 5004 square feet which does not allow much room to site the
proposed development outside the ORW Shoreline AEC which extends 575 feet landward of the
water line. Accordingly, the Commission affirmatively finds that Petitioner has established facts
sufficient to show that the alleged hardships result from conditions peculiar to the property.
Thus, the Commission affirmatively finds that Petitioner has met the second factor without
which a variance cannot be granted.
C. Petitioner has demonstrated that the alleged hardship does not result from
his actions.
The Commission affirmatively finds that Petitioner has demonstrated that the hardship
does not result from actions taken by the Petitioner. Specifically, in its recommendation DCM
acknowledged that Petitioner proposed a modest structure for this lot and agreed to reduce the
built upon area by narrowing the driveway strips. For these reasons, the Commission
affirmatively finds that Petitioner has demonstrated that he has met the third factor required for a
variance.
N

d. Petitioner has demonstrated that the requested variance is consistent with
the spirit, purpose and intent of the Commission's rules, will secure public
safety and welfare, and will preserve substantial justice.
The Petitioner has demonstrated (a) that the requested variance is consistent with the
spirit, purpose and intent of the Commission's rules, (b) that it will secure public safety and
welfare, and (c) that it will preserve substantial justice. The principal purpose noted by the
Commission in its rule is to protect the ORW designated waters which have exceptional water
quality. The Commission's rule has incorporated the EMC's designation of such waters within
the state in order to define the limits of the ORW Shoreline AEC. The EMC has defined ORWs
in 15A NCAC 2B .0101(e)(4) as "unique and special waters of exceptional state or national
recreational or ecological significance which require special protection to maintain existing
uses." Due to the importance of continued protection of such waters, the Commission's rule
limits the built upon area to 25 percent of a lot located within the larger AEC area measured
landward from those waters. In this case, the Commission has accepted Petitioner's proposal to
reduce the width of the two driveway strips to 1 foot. In light of the revised design, the
Commission finds that the proposed development meets the spirit, purpose, and intent of the
Commission's ORW Shoreline rules limiting the built upon area of such lots, since the proposed
development is over the required percentage by a truly de minimis amount.
The second assessment to be made is whether the variance proposed by the Petitioner will
impact public safety and welfare. Petitioner submits, and the Commission agrees that the
proposed development, if granted a variance, will have no adverse effect on public safety and
welfare.
7

Finally, the Commission agrees that a variance will preserve substantial justice by
allowing Petitioner to construct his proposed development on this small lot and thereby make
reasonable use of the Lot.
For these reasons, the Commission affirmatively finds that Petitioner has met the fourth
factor required by N.C.G.S. § 113A-120.1(a) as long as the proposed development includes the
reduction in with of the two driveway strips to 1' in width and Petitioner uncovers the proposed
deck as required as a condition in the variance granted below.
THEREFORE, the requested variance from 15A NCAC 7H. 0209(o is GRANTED on
the condition that Petitioner reduce the two driveway strips to one foot in width.
The granting of this variance does not relieve Petitioner of the responsibility for obtaining
any other required permits from the proper permitting authority. This variance is based upon the
Stipulated Facts set forth above. The Commission reserves the right to reconsider the granting of
this variance and to take any appropriate action should it be shown that any of the above
Stipulated Facts is not true or there is a material difference from the Stipulated Facts as agreed.
This the 4ih day of March 2016. f� 1
�q N (,, to. 06 rmIq
Frank D. Gorham, III, Chairman
Coastal Resources Commission
8

CERTIFICATE OF SERVICE
This is to certify that I have this day served the foregoing FINAL AGENCY DECISION
upon the parties by the methods indicated below:
Dowell T. Gray, Jr.
313 North Cedar Street
Huntington, WV 25705
Christine A. Goebel, Esq.
Assistant Attorney General
N.C. Department of Justice
P.O. Box 629
Raleigh, NC 27602
Braxton C. Davis
Angela Willis
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Certified Mail/ Return Receipt Requested
Electronically at
[e-mail]
Electronically at
[e-mail] and
[e-mail]
This the a day of March, 2016.
I
casse
Speci eputy Attorney General and Commission Counsel
N.C. Department of Justice
P.O. Box 629
Raleigh, N. C. 27602

Dail, Jason
From: Dail, Jason
Sent: Monday, October 26, 2015 10:52 AM
to: '[e-mail]'
Subject: CAMA Minor Development Permit application - Gray, 8708 3rd Ave, North Topsail Beach -
Additional Information Required
RE: INCOMPLETE APPLICATION —Dowell T. Gray, Jr -ADDITIONAL INFORMATION REQUIRED
APPLICATION NUMBER — N/A
PROJECT ADDRESS — 8708 3rd AvenueNorth Topsail Beach, NC 28460
Dear Mr. Russell:
The Division of Coastal Management's Wilmington Regional office received a CAMA Minor Permit application from you
on October 26, 2015 requesting approval fordevelopment activities at 8708 3`d Avenue, North Topsail Beach, NC. In
reviewing your application, we have discovered that additional information is needed to complete the review process.
Accordingly, I am requesting that you submit the following additional information to this office:
1) On the preliminary site plan, prepared by Gairy Canady and dated 9/29/15, the "impervious calculations" for
the proposed driveway are shown at "0%"; however, by Rule this area will be considered built upon area (bua) and
should be accounted for as impervious coverage. Also, please note that as proposed, the development exceeds the 25%
maximum built upon limitation for development located within 575' of waters classified by the State of North Carolina
as Outstanding Resource Waters (ORW). As a result, any proposed development exceeding 25% bua within the 575' AEC
is inconsistent with the Rules of the Coastal Resources Commission and therefore a permit request will likely be denied.
You may wish to reduce the amount of bua on this property in order to bring the plan of development into compliance
with the current Rules. Please revise the preliminary site plan to account for the additional bua associated with the
driveway/parking area and include a note on the plan that reads "entire property is location with 575' AEC", and return
it to our office. Once the revised plan has been received, processing of your application will resume.
In accordance with the Department of Environment and Natural Resources regulations, we note that the
application, as submitted on October 26, 2015, is incomplete for processing. Upon resubmission of a complete
application, a local decision will be made in 25 days, provided this period is not extended as provided by law. Please
contact me at 910-796-7221 if you have any questions.
Thank you and take care.

L.aality I Pemit Number
(kean Hazard _ Estuarine Shoreline ORW Shoreline _ Public Trost Shoreline_ Other_
(For' pQfcusl rove odv)
GENERAL INFORMATION
LAND OWNER
Name DOWELL T GRAY JR
Address 313 NORTH CEDAR ST
City HUNTINGTON
State M Zip25705 Phone [phone]
Email bambootatayahoo.COm
AUTHORIZED AGENT
Nto-, TOM RUSSELUFUTURE
Address 16663 US HWY 17
City HAMPSTEAD State NC Zip28443 Phone [phone]
Email tom@_futurehomesnc.com
LOCATION OF PROJECT (Address, sheet name and/or directions to site. If T101 qUaliatit'o9{r what is a name of the
adjacent wa,body.)117083RD AVE NORTH TOPSAIL BEACH NC 28460 6*1 ,o �" uj.
DESCRIPTION OF PROJECT: (List all proposed canstnrction and land disturbance.) MODULAR HOME ON PILINGS
SIZE OF LOT/PARCEL: 5004 equate feet 0.11 acres
PROPOSED USE: Residential �✓ (Single-family [D Multi-famt C'ommereial/htdustrial ❑ Other
COMPLETE EITHER (1) OR (2) BELOW (Coact your Local Prrmil Officer Ifyaa are notsure which AEC applies
royourproperty):
(1) OCEAN HAZARD AEG: TOTAL FLOOR AREA OF PROPOSED STRUCTURE: square feet (includes
an conditioned living space, parking elevated above ground level. non -conditioned space elevated above ground level but
excluding non4oad-bearing attic space)
(2) COASTAL SHORELINE AFC 's: SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUIL•I'
UPON SURFACES: 8%.quare feet (includes the area ofthe roof/drip line ofall buildings, driveways, covered dories.
concrete or moony patios, c fiat we within the applicable AEC. Attach your calculatiorm with the project druwing.)
STATESTORMWATE KjOAVNIENT PERMIT. Is the project located in an area subject to a State Slomtwater
ManagemenL Permit'' b eytj Division of Water Quality?
YES= N
Ifycs, list the total bw t r pen F file, vions
irvimts surface allowed for your lot or parcel. square feet.
tT Z It�
L! <
oat
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0
OTHER PERMITS MAYBE REQUIRED: The activity you are planning may require permits other than the CAMA
minor development permit, including, but not limited m: Drinking Water Well, Septic Tank (or other sanitary waste
treatment system), Building, Electrical. Plumbing, Heading mud Air Conditioning, Insulation and Energy Conservation, FIA
Certification, Sand Dane. Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway Connection. and
others. Check with yew Local Permit Officer for more information.
S"1'ATENIENT OF ONNERSHIP:
I, the nadecogned, an appbica t for a CAMA minor develnpment permit, being either the owner of property in an AECor a
person authorized to act as tar agent for purposes of applying for a CAMA minor development permit. certify that the person
listed as landowner on this application has a significant interest in the real property described therein. This interest can be
des.iibed as: (check oriel
�es77
r own er or record title, Title is vested insrd'l L •�` �`�'� �all Deed Book
pngcindte 40WSLn1,Z ComrryRegimrynl'Deeds.
Dan owner by virtue of inheritativ, Applicant is an heir to the estate of
probute was in County.
Df other interest, such as written contract or lave, explain below or use a separate sheet & attach to this application.
NOTIFICATION OF ADJACENT PROPERTY OWNERS:
1 furthermore certify that the following persons am owners of properties adjoining this propenv l affirm that 1 have given
ACTUAL NOTICE to each of them concerning my intent to develop this property and m apply for a CAMA permit.
(Name) (Address)
(I) WOODARD BURCH 2402 OBERRY RD MOUNT OLIVE NC 28365
(2) JAMES BRANNON 549 OBERRY RD DUDLEY NC 28333
(3)
(4)
ACKNOWLEDGEMENTS:
1, the undersigned, acknowledge that the land owner is aware that the proposed development is planned for an area which
may be susceptible to erosion and/or flooding. I acknowledge that the Local Pennit Officer has explained to me the particu-
lar hazard problems asacinawd with this lot. This explanation was accompanied by recommendations concerning stabilize-
tiou and floodpnafing reclutiques.
1 funhemrore cenify that 1 am authorized to grant, and do in fact grant, pemalssion to Division of Coastal Management staff,
the Local Permit Officer and th.o.gents to enter on the aforementioned lands in connection with evaluating information
related to this parant application.
q �
This lire J day of Q 6T , 20 ( 5
7 . a�
person authorized in act as his/her a#t for(futlmse offiling a CAMA
This application includes: general arf nrour inn (this Ia+m), a site drawing as described ar+ the back of thus al plication. the
,warship stnhmwlt, the Ocean Naund AEC Notice where,wersou r, a check for 91M..00 made p..yable to the locality; urn/
any inldrmulion as nrav Ix• provided orally by the applicant. The details of the application as described by these sources are
banryxmated nithnunviemnee in mry permit wMeh amp he leveed. Dn•latinnfia+n There detail.v B ill constitute a vin/atinn of
any permit Anv person de•neloping in urn AEC mithour permit it soQiecs to civil, criminal and udminixmnive... lion.
RECEIVER
OCT, 2 6 2015

CERTIFIED MAIL . RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
Name of Property Owner. 00iwL=L L t C-)/1"
Address of Property: A708 . 4 e Ave ft4U 1-g T,P5,4/c, �C Ci+ NL ae y 6 lJ,
(Lot or Street #, Street or Road, City & County)
Agent's Name #: 716" 4&6.5671-� Mailing Address: f 61F63 u5 rkv y 11
Agent'sphone#: (?to ail ,''N 3
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or drawing, with dimensions must be provided with this letter.
I have no objections to this proposal. I have objections to this proposal.
if yotf have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM ofFces is
available at htto://,vw v nccoasfai,-rorby calling 1-888-4RCOAST.
No response is considered the same as no objection if you have been notified by Certified Mail
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must
be set back a minimum distance of 15' from my area of riparian access unless waived by me. (if
you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Property Owner Information)
Signature
—
A�)o C-�'�� T (fLA'yl J'2
Print or Type Name
-713 ".c670A-0-5T
Mailing Address
ai N'r-7 r- r^--ro (,/ Uj Y'- t)57d16
City/statelzip
(Riparian Property Owner Information)
Signature
to069A-a-D Buk-CA
Print or Type Name
1Xo2 C)61?n-f 4 X �>
Mailing Address
NoJNT Ut,iVt Aft d�g3L ZE(�>=1VED
City/staterzip pCM v1LMINGTON, NC
1-3c,q - 6/-7'f65G ban ee�f4fc�a/�c, 0 C T 2 6 2015
Telephone Number/Email Address Telephone Number/Email Address
tz:r 13/Is
Dute
(Revised Aug. 2014)

IIT,o is 24
T025 h229 0000 0220 LOOZ
0966 2h05 0000 Oh90 S'COL
SOOE 2hOS 0000 Oh90 STO1-
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to
N2//1 �i SIG, �DYI y W ✓
J o2J ?1J
❑ Agent
by ( Printed Name) � I r , gal
D. Is delivery address d'R� t from item 1? ❑ Yes
Z
If YES, enter cig' D'EIV� b-bw. No
`A
DCM WILMINGTON, NC
h
NOV 2 3 2015
3. Service Type
Qrt,rtified Mall ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) Yes
2. Article Number 7007 0220 0000 8224 5201
(ilansfer from service label)
PS Form 3811, February 2004
Domestic Return Receipt 10259502-Wl5Q

CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
Name of Property Owner. lIOwg, L t C,/L" z ta -
Address of Property: A708 34a 11vc i TPgR,c ,4 N( ae q � 4
(Lot or Street #, Street or Road, City & County)
Agent's Name #: i§� RO SSe71��
Agent's phone #: q to 031 OGS?b
Mailing Address: I6663 LJS N'w t 0
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or drawing, with dimensions must be provided with this letter.
I have no objections to this proposal. I have objections to this proposal.
if you'have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is
available at tta:// v.nccoastaimanaoemen;neyv�6/cm/-tar Jistinoorbycalling1-888-4RCOAST.
No response is considered the same as no objection if you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must
be set back a minimum distance of 15' from my area of riparian access unless waived by me. (if
you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
i do not wish to waive the 15' setback requirement.
(ProperhJ Owner Information)
Signature
l�uCZ: T 6RA-Y �2
Print or Type Name
313 ►a . C 6-0A-n 3-r
Mailing Address
4� ,.r r 7 t- c o AJ Uj v— 357a-6
City/State/Zip
I--Tbq - 6(-7'165(�; bay a�f4f�a/o0
Telephone Number/Email Address • 46tv,
ice/ 13/15
Date
(Riparian Property Owner Information)
Signature
3Av�ES �aQANNo�
Print or Type Name
54 g (0C�-2C14 R-1
Mailing Address
)0bL-t?,1 rJG arb333
City/StatelZip
�,r-�r- ==iV�D
Telephone Alumber/Email'Keml-MINGTON, NC
ii.��i�4 o u 2 6 2015
Date
(Revised Aug. 2U14)

IMPERVIOUS CALCULATIONS
PROPOSED HOUSE AREA 1350 SQ. FT.
PROPOSED DRIVE AREA ----------- 0 SQ. FT.
TOTAL AREA IN TRACT------------4996.8 SQ. FT.
TOTAL IMPERVIOUS AFTER COMPLETION ---1197.0 SQ. FT.
% OF IMPERVIOUS COVERAGE — — — — — — — — — 27.0% (0.270)
LOT 223
MB 3 PG 46
FI P
LOT 224
MB 3 PG 46
SEWER LIFT
STATION \
R/W_ _ _ _ SIS
ROPE GATE
LOT 222
MB 3 PG 46
c r
LOT 221
MB 3 PG 46
CID
2ND IAVE
SITE
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VICINITY MAP NO SCALE
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- It LOT 226
NO O MB 3 PG 46
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DR U7
DR 1 '
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e NAIL SET IN POWER POLE MBL AT 14.00' MSL (NAVD 88)
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A �O\AiNGTON,
2'5" W I& /N32*02'52" W -00CT 2 b 2015 Z N I\
Iw 49.90' J I�
FIS
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e�F FMN Iw N 32`00'43" W
EDGE OF �F w 151.30y
PAVEMENT to �I
3rd AVENUE
AT CL
SETBACK INFORMATION
OFN5TH AVEN ET ANSDECTION
ZONED: MHR
40 R/W
ISLAND DRIVE
FRONT SETBACK: 20'
SIDE SETBACK: 8'
SIDE STREET SETBACK: 15'
REAR SETBACK: 10'
MAX. PEAK ROOF HEIGHT: 48'
1 LINE
BEARING DISTANCE
L1
IN56'51'44" E 23.24'
FLOOD INFORMATION
'
FLOOD ZONE: VE
BASE FLOOD ELEVATION: 12.0'
FREEBOARD: +2.0'
LHM TO BE: 14.00'
NAVD 88 DATUM
8708 3RD AVENUE
FLOOD CERTIFICATION
PRELIMINARY PLOT PLAN
THIS IS TO CERTIFY THAT THIS PROPERTY IS
"VE"
0
3O' 60' 90'
LOCATED IN A FLOOD HAZARD ZONE PER
COMMUNITY N 370466 PANEL# 4266J
"1 CERTIFY THAT THIS MAP WAS DRAWN UNDER MY
•L.--AREA -- UN MONUMENT
i •a#
SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER
gUGHT
NAIL
__&AAfH-FpODUND IRON PIPE
MBL-MINIMUM BUI IN UN AREAS COMPUTED
FROM A DEED RECORDED IN OffEYOX
MY BOOKUPjSR6 PgcE 2G4 OR OTHER REFERENCE SOURC
FFIP
NC --CONCRETE C- FFAAWOWPPEEUggNBBD IRON
NNAILE
OHEpL--OFVER�HEEAD�LELECTRIC LINE
Me 3 PG 46 T; THAT THE BOUNDARIES NOT SURVEYED
LFLHPH MEMBER
RE &
R W_PI�G�F1T POF WAY TpKTF-_��E
ARE INDICATED AS DRA ib T10N IN
BOOK N/A PA N A SOURCE
hUE A hN UTL TM EASEMENT
SATELLITE SFO MEREDESTA
S --SATELLITE DISH
-- --
SURVEY FOR: DOWELL GRAY. JR.
NIA NAL ACCU RTHIS
MAP MEETS THE 0 OS
OF PRACTICE FOIZ`LAN NO
CAROLINA (21 N9hC56 ." THIS 9 5
SUBDIVISION: SEA HAVEN BEACH
SEAL
L_2
225 N/A 3
LOT p BLOCK: SECTION:
GAIRY CANADY SURVEYING
P.O. BOX: 915
'
COUNTY STUMP SOUND
TOWNSHIP 9103 RICHLANDS HIGHWAY
♦
♦�♦
DATE:9 29 15 SCALE: 1"=30'FB 262 pG
RICHLANDS, INC 28574
80 OFRCE:(910)-324-4616
GAIRY I. CAN AOv PL \p1\\
CADFlLE: GRAYDOWELL DWG• 8708 3RD AVI FAX:[phone]