NTB_05-45_DENIAL

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May 10, 2005
Mr. Cliff Lusk
111 Dolphin Street
Cape Carteret, NC 28584
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MAY 1 6 2005
DIVISION OF
COASTAL MANAGEMENT
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APPLICATION NO# 05/45
Dear Mr. Lusk;
After reviewing your application in conjunction with the development standards
required by the Coastal Area Management Act (CAMA) and our locally adopted Land
Use Plan and Ordinances, it is my determination that no permit may be granted for the
project you have proposed.
This decision is based on the findings that your request violates NCGS 113A-
120(8) which requires that all applications be denied which are inconsistent with CAMA
guidelines. You have applied to construct a single family dwelling with a foot print of
24' x 36' with an uncovered deck of 8'x 36' on 1870 New River Inlet Road, North
Topsail Beach, NC 28460. This is inconsistent with 15NCAC .0209(d) (10) which states
that; `within the coastal shorelines category, new development shall be located a distance
of thirty (30) feet landward of the normal high water level".
It has been concluded that the request violates NCGS 113A-120(8) which requires
that all applications be denied which are inconsistent with our Local Land Use Plan. On
Page IV-7(a) of the North Topsail Beach Land Use Plan, you will find that "a vegetated
or planted 30' buffer is maintained, and only uses allowed by 15NCAC.0209 (d) (10) will
be allowed." Your project calls for a single family dwelling with a foot print of 24' x
36% with an uncovered deck of 8' x 36' this will put your project in the required thirty
(30) buffer area.
Should you wish to appeal my decision to the Coastal Resources Commission or
request a Variance from that group, enclosed with this letter are the forms, please contact
me so I can provide you with any additional information that you may need.
2008 LOGGERHEAD COURT NORTH TOPSAIL BEACH, NC 28460 PHONE [phone] FAX [phone]
www.north-topsail-beach.org

DENIAL OF CAMA MINOR DEVELOPMENT PERMIT #05/45
Appeal notices must be received by the Division of Coastal Management in
Raleigh within twenty (20) days of the date of this letter in order to be considered.
Sincerely,
,1 (
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Sue McLaughlin
CAMA LPO
cc: Jon Giles, DCM Field Representative
R ECEHVED
MAY 16 2005
DIVISION OF
COASTAL MANAGEMENT

168474 Affidavit of Publication
15067200 Jacksonville Daily News
1 of 2 Jacksonville, NC
Personally ap eared before me, a ary Public of the County of Onslow, State of North Carolina, on this the 26th day
of April, 5
of The Daly News, who being duly sworn, states that the advertisement entitled CAMA- LUSK, CLIFF a true copy of
which is printed herewith, appeared in The Daily News, a newspaper published in the City of Jacksonville, NC, County of
Onslow, State of North Carolina, 1 day a wae4Q;a ----=--wee b on the following dates:
April26, 2005
NORTH CAROLINA
ONSLOW COUNTY
MAY Q g pW.
NOTICEOF APPLICATION FILING CCAS Aft MANA� MENT
FOR CAMA MINOR
DEVELOPMENT PERMIT
Pursuant to NCGS 113A-119 (b), the Town of North Topsail Beach, a locality authorized to issue CAMA permits in
Areas of Environmental Concem, hereby gives NOTICE that on April 21, 2005, Mr. Cliff Lusk, applied for a CAMA
permit to construct a single family dwelling with a foot print of 864 at 1870 New River Inlet Road, North Topsail Beach,
Onslow County, North Carolina. The application may be inspected at the address below. Public comments received by
May 4, 2005, 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. CAMA PERMIT #05/45
Sue McLaughlin, CAMA
Local Permit Officer
Town of
North Topsail Beach
2008 Loggerhead Court
North Topsail Beach,
NC 28460
April26, 2005

,. - Coasrn,
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APP'L"TION F
CAM-FuMINOR
DEVELOPMENT
PERMIT
In 1974, the North Carolina General Assembly passed the Coastal Area
Management Act and set the stage for guiding development in fragile
and productive areas that 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 imple-
ment clear regulations that 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 whatinformation 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 Man-
agement Program and your willingness to build in a way that protects
the resources of our beautiful and productive coast.
Coastal Resources Commission
DiNision of Coastal Management
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Addr
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If' Name
City
State
LOCATION OF PROJECT- (Address, strut name
Zip
directions to site. If not oceanfront, what is the name
If ; the adjacent waterbody?) :�tvMY / S 7!J lj ✓ �'�� /� / �/� e/
DI DES ON OF PROJECT. (List all proposed construct/ion and land disturbance.)
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SIZE OF LOT/PARCEL- i (c 3 Z 3 5 square feet a o2 G aces
PROPOSED USE. Residenrial_,k (Single-family Multi -family _)Commerical/Industrial
Other
N( TOTAL ENCLOSED FLOOR AREA OF A BUILDING IN THE OCEAN HAZARD AREA OF ENVI-
Ha RONMENfAL CONCERN (AEG:
square feet (includes all floors and roof -covered deeps)
SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT UPON S ACES IN
THE COASTAL SHORELINE AREA OF ENVIRONMENTAL CONCERN (AEC): X sq. &
(Calculations include the area of the maildrip line of all buildings, driveways, coveted declu, concrete or masonry patios,
etc that are within the applicable AEC Attach your calculations with the project drawing.)
Choose the AEC area that applies to your property:
(1) within 75 feet of Normal High Water for the Estuarine Shoreline AEC
(2) within 575 feet of Normal High Water for the Estuarine Shoreline AEC, adjacent to Outstanding
Resource Waters
(3 within 30 feet of the public Trust Shoreline AEC
(Contact your Local Permit Officer if you are not sure which AEC applies to your property.)
STATE STORMWATER MANAGEMENT PERMIT: Is the project located in an area subject to a
State Stormwater mt Permit issued by the N.C. Division of Water Quality?
YES NO
E
If yes, list the total built -upon area/impervious surface allowed for your lot or parcel.
square feet.

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-A-DJ ACENT PZ a RL,LN PROPT TY 0 r -ER S X ilig rT
I hereby certify thatI own property adjacent to �f W G�SIi
(Name of Property owner) s
property located at F- 6'9 tl e./ or � 70
CID �/ (Lat, Blncic, Aoad, etc.) /
�M�� �•�``�ACl�1 �/ySGd>✓
(Waterbody) (Town and)or Com ity) N.C.
EL has described to me as shown below, the development he is proposing at that location
and I have no ob'ecfi to h' al
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DESCR=0N AND/0R DRATn' NG OF PROPOSED. DETEL,OPMPNT
(To be jMed in by iadivtdrr�7 pmposzng rlevelopmeni)
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Signatu.c
Print or Type Name 1
Telepbone Number
Data:

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_ 25'
20'_
TOPSAIL SOUND
.07 GRASS
ISLAND
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BAYMEW DRIVE
——N.C.S.R. 1568 — 80' R/W

AEC HAZARD NOTICE
Project Is In An: _ Ocean Erodible Area ✓ High Hazard Flood Area Inlet Hazard Area
Date Lot Was Platted: /9
This notice is intended to make you, the applicant, aware
of the special risks and conditions associated with
development in this area, which is subject to natural
hazards such as storms, erosion and currents. The rules of
the Coastal Resources Commission require that you
receive an AEC Hazard Notice and acknowledge that
notice in writing before a permit for development can be
issued.
The Commission's rules on building standards, oceanfront
setbacks and dune 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
ero; ion rate for the area where your property is located is
of 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 /b D feet landward in a major storm.
The flood waters in a major storm arepredicted to be about
feet deep in this area.
Preferred oceanfront protection measures are beach
nourishment and relocation of threatened structures.
Hard erosion control structures such as bulkheads,
seawalls, revetments, groins, jetties and breakwaters are
prohibited. Temporary 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, thplication will not be
complete. .7
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 the proposed
development can still meet the setback requirement, the
LPO willinform you that you may begin work. Itis 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:
Local Permit Officer
a0pp L n cc�et4rlo
Address J1 a8 n
Locality
Phone
Revised 11193

NOTICE OF FILING
OF APPLICATION FOR
CAMA MINOR DEVELOPMENT
PERMIT
Pursuant to NCGS 113A-119(b), the Town of North Topsail Beach, a locality authorized
to issue CAMA permits in Areas of Environmental Concern, hereby gives NOTICE that
on April 21, 2005, Mr. Cliff Lusk, applied for a CAMA permit to construct a single
family dwelling with a foot print of 864 at 1870 New River Inlet Road, North Topsail
Beach, Onslow County, North Carolina. The application may be inspected at the address
below. Public comments received by May 4, 2005, 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. CAMA PERMIT # 05/45
Please print on April 26, 2005
Sue McLaughlin
CAMA, Local Permit Officer
Town of North Topsail Beach
2008 Loggerhead Court
North Topsail Beach, NC 28460
CO �4/o gsrq
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OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA minor y
development permit. As a service we have compiled a list of the kinds ofpennits that might be required. We suggest you check over the list '0
with your LPO to determine ifany of these apply to your project: Zoning, Drinking Water Well, Septic Tank (or other sanitary waste"
treatment system), Building, Flectrical, Plumbing, Heating and An Conditioning, Insulation and Energy Conservation, FIA Certification,
Sand Dune, Sedimcnt Control, Subdivision Approval, Mobile Home Park Approval, Highway, Connection, and others. a
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STATEMENT OF OWNERSHIP:
z
[, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an AEC or a
person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person
fisted as landowner on this application has a significant interest in the real property described therein. This interest can be
lescribed as: (check one) �(
J an owner or record title. Title is vested in ` C�s `
see Deed
gage /o S in the On 5 /-L-/ County Registry of Deeds.
_an owner by virtue of inheritance. Applicant is an heir to the estate of
xobate was in _ County
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c0-9o� �pjS
_if other interest, such as written contract or lease, explain below or use a separate sheet and
NOTIFICATION OF ADJACENT PROPERTY OWNERS:
[ furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I have given
,CPUAL NOTICE to each of them concerning my intent w develop this property and to apply for a CAMA permit.
(1)
(2)
(3)
(4)
(Name) (Addrss)
anlem�F�ao�4 Pay�ej fi��
�e1_�Pln�/f di'"iC y1,�c5rn.%'f ,rt/G ?F15y0
'a,nt5 xR�✓r�i ;� 1q) z,/ Fdk c'..,AG.n , nee_ -9 >�S3
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FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS:
[ acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to
sonon and/or flooding. I acknowledge dim the local permit officer has explained to me the particular hazard problems associ-
ued with this lot This explanation was accompanied by recommendations conceming stabilization and floodproofing tech-
niques.
PERMISSION TO ENTER ON LAND:
[ furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer and his agents to
rater on the aforementioned lands in connection with evaluating information related to this permit application.
Ibis application includes. general information (this form), a site drawing as described on the back of this application, the
rwnetship statement, the AEC hazard notice where necessary, a check for $100.00 made payable to the locality, and any infor-
narion as may be provided orally by the applicant. The derails of the application as described by these sources are incorporated
without reference in any permit winch may be issued, Deviation from these derails will continue a violation of arty permit. Any
mwn developing in an AEC without permit is subject to civil, criminal and administrative action.
This the i5 day x1 L 20 Gs
landowner or person authorized to act as agent for purpose of filing a CAMA permit application.
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SITE DRAWING/APPLICATION CHECKLIST
Please make sure your site drawing includes the following information required for a CAMA minor development
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
Draw location of on -site wastewater system
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 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
COAL D/V/S/
AL I�ANA EIIgENT
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 $100.00 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)
Revised 3/2003