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HomeMy WebLinkAboutNTB_15-26_GrayA 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 (910) 766-7221 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 Z h N_ 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 cgoebel@ncdoj.gov Electronically at braxton.davis@ncdenr.gov and angela.willis@ncdenr.gov 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: 'tom@futurehomesnc.com' 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 304-697-5331 Email bambootatayahoo.COm AUTHORIZED AGENT Nto-, TOM RUSSELUFUTURE Address 16663 US HWY 17 City HAMPSTEAD State NC Zip28443 Phone 910-270-3313 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 vl z 0 z 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 O � � D N_ n Z D � O — n (O 0 m D Z VICINITY MAP NO SCALE 1 3 - It LOT 226 NO O MB 3 PG 46 I o a I � � DR U7 DR 1 ' i eI e NAIL SET IN POWER POLE MBL AT 14.00' MSL (NAVD 88) � J 1=lVLA I .00 M WM 1 A �O\AiNGTON, 2'5" W I& /N32*02'52" W -00CT 2 b 2015 Z N I\ Iw 49.90' J I� FIS - ---- -14- v)Z I o � II 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:(910)-324-8430