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HomeMy WebLinkAboutHolder, DannyDIVISION OF COASTAL MANAGEMENT SFEX05/02 January 26, 2005 Mr. Danny Holder 1212 Williamsburg Court Wilmington, NC 28411 RE: SINGLE FAMILY RESIDENCE EXEMPTED WITHIN HIGH HAZARD FLOOD AREA OF ENVIRONMENTAL CONCERN (15A NCAC 071CO213); (6 BOTTLENOSE BLVD) I have reviewed the information submitted to this office in your inquiry concerning the necessity of filing an application for a minor development permit under the Coastal Area Management Act. The activity you propose is exempt from needing a minor development permit as long as it meets the conditions specified below. If your plans should change and your project will no longer meet those conditions please contact me before proceeding. a. All single family residences, including associated infrastructure, accessory structures or structural additions to an existing single family structure, constructed within the High Hazard Flood Area of Environmental Concern are exempt from the CAMA permit requirements provided that the development is consistent with all other applicable CAMA permit standards and local land use plans and rules in effect at the time the exemption is granted including the following conditions and limitations: (1) The development shall not be located within the Ocean Erodible or Inlet Hazard Areas of Environmental Concern. (2) Any building shall be on pilings and comply with the North Carolina Building Code and the North Topsail Beach Flood Damage Prevention Ordinance. (3) The development does not require any permission, approval certification, authorization or licensing from any state or federal agency. (4) The development authorized under this permit must be accomplished a minimum of 30' landward of the normal high water contour/normal water contour, maintaining this as a vegetated buffer area. 2008 LOGGERHEAD COURT NORTH TOPSAIL BEACH, NC 28460 PHONE (910) 328-1349 FAX (910) 328-4508 www.north-topsail-beach.org (5) The amount of built -upon area shall be limited to no more than 30% of the area; the impervious coverage for this lot is 3,821 square feet. (6) Prior to initiating land -disturbance activities, adequate sedimentation/erosion control measures must be employed to prevent the movement of unconsolidated materials into the marsh or water. These measures must remain in place until such time as the area is properly stabilized with vegetated cover. b. Prior to commencing any work under this exemption, the Department of Environment and Natural Resources (DENR) representative or the local CAMA Permitting Officer must be notified or the proposed activity to allow on -site review. Notification shall be given in person or writing. Notification must include: (1) The name, address and telephone number of the landowner and the location of the work, including the county, nearest community and water body closest to the development. (2) The dimensions of the proposed house, driveway, landscaping or other accessory developments proposed on the property; and (3) A signed AEC Hazard notice indicating the property owner is aware of the special risks and conditions associated with development in this area. The DENR representative or local CAMA Permitting Officer shall provide the applicable notice form to the landowner. This exemption to CAMA permit requirements does not alleviate the necessity of your obtaining any other State, Federal, or Local authorization. This exemption expires in December 31, 2006 Sincerely, Sue McLaughlin CAMA, LPO (910)-328-1349 JAN 3 12005 COAS DIVISION OF MANAGEMENT Locality (O YWT�'L)tx!4 ALL40 Permit Number GENERAL INFORMATION LAND OWNER Name ECEIVE a'.; J 3 12005 wASTAL MA —' Address �a /sZ �ifli%�//Y�1EMENT City W lwe7 State IVC Zip -;84 ( Phone qil AUTHORIZED AGENT Name Address City State Zip f'/oMF'p At W C4 — eoxe' Phone LOCATION OF PROJECT %ol;%jjPJ e,hmTFij ((.o}'15) (t j&&A(k Mix Zle, NoalL Yvpssa Qaa�L.. N C- a sq(.0 (If not oceanfront, is waterbody natural or manmade?) DESCRIPTION OF PROJECT AREAS OF ENVIRONMENTAL CONCERN (AEC) CLASSIFICATION (To tie filled in by the Local Permit Officer prior to completing application.) ✓/ Ocean Hazard _ Estuarine Shoreline ORW Shoreline Other PROPOSED USE XResidential Commercial/Industrial _ Other SQUARE FOOTAGE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT -UPON SURFACES (such as driveways, etc.) within 75 feet of the shoreline (575 feet of an ORW shoreline) SQUARE FOOTAGE OF TOTAL FLOOR AREA OF BUILDING �2 Sgll { g 55 SQUARE FOOTAGE OF SITE OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA minor development permit. As a service we have compiled a listing of the kinds of permits that might be required. We suggest you check over the list with your LPO to determine if Zoning, Drinking Water Well, Septic Tank (or other sanitary waste treatment system), Burning, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA Certification, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway Connection, and others. any of these apply to your project. 13 STATEMENT OF OWNERSHIP I, the undersigned, an applicant for.a CAMA minor development permit, begin either the owner of property in an area of environmental concern or a person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person listed as landowner on this application has a sig- nificant interest in the real property described therein. This interest can be described as follows: (check one) an owner of record title, Title is vested in i IIWe see Deed Book &-Z24V page 330 in the &624+• County Registry of Deeds. an owner by virtue of inheritance. Applicant is an heir to the estate of probate was in County. if other interest, such as written contact or lease, explain below or use a separate sheet and attach to this application. NOTIFICATION OF ADJACENT PROPERTY OWNERS I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. (Name) (1) (Address) _111z NC (2) 12+n In')" ieo� / 7z NC ;2S544 (3) Rl f �j bt /J�1 iG� Co JG i<4 �Sx v n/ N 1/7r7 - (4) FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS: I acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to erosion and/or flooding. I acknowledge that the local permit officer has explained to me the particular hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabilization and floodproofing techniques. PERMISSION TO ENTER ON LAND I furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer and his agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. This application includes: general information (this form), a site drawing as described rbofthisap- I plication, the ownership statement, the AEC hazard notice where necessary, a check fo�p to the locality, and any information as may be provided orally by the applicant. The deta�,pdescribed by these sources are incorporated without reference in any permit which mt7fafrom these details will constitute a violation of any permit. Anyperson developingint a per- mit is subject to civil, criminal and administrative action. 12005 This the � day of GIB �tn,k9' 2+.kts- ��r C�gSTgL MgNgGEME NT Land own or person authorized to act as his agent for purposes of fi]ing a CAMA permit application. krdkWu aOFt Mtah ratartkrp - WAN a Ft MBL Property law aoetrwarsw The ImMe oak I cluster will be cut beet to allow for construction and drive way acess l and Danny Notdar n SWAM" of t6 E - - • arawaum d w6at ngn as me aubaeerad ttsyortd arsu menaae SKML - dwlpialed forbackfa.Tmaw6aaalonInawereaofbadeMconaW Topaait tmaach. NC 2"W taeaar.Of IOW Bees. bMM NO aaaeral saur Dhw tmm The infae TTw nWHU w oak 1002 a M the front of aw W we mqW pnNq ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Cheryl and Danny Holder `s (Name of Property Owner) Property located at Dolphin Shores lot 15, 6 Bottlenose Blvd on N/A . m North Topsail Beach. Onslow County . N.C. (Water body) (Town and/or County) He has described for me as shown below, the development he as proposing at the location, and, I have no objections to his proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (To be filled in by individual proposing development) The development planned for lot 15, Dolphin Shores, encompasses the back filling of th8 lot six to eight feet with a sand clay mixture. A six-foot high, 70 to 80 foot long, treated timber bulk head retaining wall will be located along the southwest property line to control erosion and storm water run off. (See plot plan) The house will be built in accordance with an approved CAMA Permit, the Dolphin Shores Design Criteria and the approval of the Dolphin Shores Architectural Review Committee. The house will be located in the building envelope as set forth in the subdivision plot plan. The house will set back from the east property line 35 to 45 feet. (See plot plan) The house will be built on pilings facing the Atlantic Ocean. It will have three floors of living space with an enclosed garage under the house. There will be three decks on the front and three decks on the back. q'� ����.`O�� 1 o� �c,�Ec�zk �1�Fet q/o-3Z6- z3a, 117)2noS P C� -29- signature Tits 6✓ DA 1-%1/ Print or Type Name �7o - 3'z81 ---230'3 Telephone Number ADJACENT RIPARIAN PROPERTY OWNER STA' I hereby certify that I own property adjacent to (Name of Property Owner) Property located at Dolphin Shores lot 15 6 Bottlenose Blvd on N/A in North Topsail Beach_ Onslow County N.C. (Water body) (Town and/or County) He has described for me as shown below, the development he as proposing at the location, and, I have no objections to his proposal. 7ION AND/OR DRAWING OF PROPOSED DEVELOPMENT (To be filled in by individual proposing development) The development planned for lot 15, Dolphin Shores, encompasses the back filling of the lot six to eight feet with a sand clay mixture. A six-foot high, 70 to 80 foot long, treated timber bulk head retaining wall will be located along the southwest property line to control erosion and storm water run off. (See plot plan) The house will be built in accordance with an approved CAMA Permit, the Dolphin Shores Design Criteria and the approval of the Dolphin Shores Architectural Review Committee. The house will be located in the building envelope as set forth in the subdivision plot plan. The house will set back from the east property line 35 to 45 feet. (See plot plan) The house will be built on pilings facing the Atlantic Ocean. It will have three floors of living space with an enclosed garage under the house. There will be three decks on the front and three decks on the back. Signature Print or Type Name Telephone Number Date: � _ kk _ O S -29- NT AEC HAZARD NOTICE Proiect Is in An: _ Ocean Erodible Area Date Lot Was Platted: A19 a High Hazard Flood Area Inlet Hazart this notice is intended to make you, the applicant, aware Of the special risks and conditions associated with i,,vclopment in this area, which is subject to natural -aids such as storms, erosion and currents. The rules of Coastal resources Commission require that you ,:ceive an AFC 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 muvmi ze, bu t not eliminate, property loss from hazards. B i v granting permits, the Coastal Resources Commission does not guarantee the safety of the development and assi.mies no hsability for future damage to the development. The best available information, as accepted by the Coastal Resources Commission, indicates that the annual ocean erosion rate for the area where your property is located is cad_ 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 rnas moth as a1D feet landward in a rnajorstorm. The flood watersinamajorstormarepredictedto:-: atctttt "feet deep in this area, Preferred oceanfront protection urea ur Bch nourishment and relocation of threatens 3 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 s'rgrdng this notice in the below space. Without the Proper signature, the application trill not be complete. ApphCarrt's Signature SPECIAL NOTE: Thus hazard notice i development in areas subject to sudder storms and erosion_ Permits issued for deve area expire on December 31 of the third yea Year in which the permit was issued. Short begins on the project site, the Local Pern determine the vegc Cation line and setback d site. if thepropcm h asseen litile change an development can still meet the setback re LPO will inform you that you may begin wi tant that you check with tfne LPO before the for official approval to continue the work a has expired. Generally, if foundation pili placed and substantial progress is contii renewal may not be necessary, If substanti, not been rn�de, the permit must be renew setback tine established. It is unlawful to after permit expiration withoutthisappro, For more information, contact: Local PsrmirOifcer ACdres3 Locality din - '12e - /,3(- phone Date Cps p/V/ STq� MgNA�FM^ � r�T we 10' DRAINAGE & IITII ITY FACFAAFMT FLOOD LINE 5« ,16 ■ 5.42 22' EXIST. 5.89 5.73 r 42 ROAD ■ _ • 561 4-- ZONE VE 3 g —=� —• 4 8�6 (EL. 12) 31 • 4.29 —W yL5 3 4 5/ q DITCH NEW RIVER INLET ROAD / LEGEND TOPOGRAPHIC SURVEY ('�Oc R W I.S.S. - IRON STAKE SET COMPLETED BY PARKER & N C S R 1568 R/W - RIGHT-OF-WAY OF PEMENT ASSOCIATES ON 08/03/99. 0, - CENTERLINE In T '::� I I P \/ F Y M.B.L. - MINIMUM BUILDING LINE ti CERTIFIED MAILT. RECEIPT r-9(Domestic ra v `* FCe tip ..° sue. B-. r Postage $ Ln 17 certified Fee M O Return Recelpt Fee Postmark j!),I II (Endorsement Required) Here r09 Restricted Delivery Fee ki, (ill W1 (Endorsement Required) r1J Total Postage & Fees $ S 0 0 sent To t` - -Po--- --`-'�---------------------- re orApC ______________ --------------- Clfy,_ 'PS Form ar , June 2002 See. Reverse for Instructions -rnq CERTIFIED MAIL�,m RECEIPT a(Domestic co S Er Er S Postage $- Ln O Cenfietl Fee C3 O Return Receipt Fee - Postmark - (Endorsement Required) Here a Restricted Delivery Fee - lrl (Endorsement Requiretl) ru Total Postage & Foam S C3 t o i� lCL ~ i(p; ___.__ orPOBoxno. ___.__________--_--_--__________________ ________________________ GN, stab. ____ __________________-__f__c___-..-.____-_-_-________-.-_--. I I a 2 r� CERTIFIED MAIL,,, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at vninv ps.com;� r PS Form $$00, June 2002 - See Reverse for Instructions S'p (0g, V JA)V3'2 COAS D/ M F N WO5 AOEMFNT �b5 �,1 2` eJdMVIVOI 1A"441 ddhsaGexeacAl January 24, 2005 Ms. Kerri Farrelly 172 Dockside Drive Jacksonville, NC 28546 RE: CAMA CONCERNS ON 6 BOTTLENOSE BLVD; NORTH TOPSAIL BEACH, NC Dear Ms. Farrelly; ECEIVE JAN 3 1 2W5 DIVISION OF COASTAL The town received your letter dated January 13, 2005 concerning the adjacent property and the construction of a retaining wall. I discussed the construction of the retaining wall with the owners of the property and the concerns that you had. I informed the owner that any fill placed on the property must be retained on site and not cause any run-off. In addition, they were notified that a silt fence must be installed during construction. The silt fence must remain in place until the disturbed area is stabilized with vegetation. I will continue to monitor that site work during construction and will meet with the contractor. If you have any questions or concern, please contact me at 910-328-1349. Cordially, I Y1 Sue McLaughlin CAMA LPO 2008 LOGGERHEAD COURT NORTH TOPSAIL BEACH, NC 28460 PHONE (910) 328-1349 FAX (910) 328-4508 www.north-topsail-beach.org Lary 13, 2005 Sue McLaughlin Town of North Topsail Beach 2008 Loggerhead Court North Topsail Beach, NC 28460 Dear Sue, I CEIVE JAN 3 120 DIVISION OF COASTAL MANAGEMENT I recently received Danny and Cheryl Holder's Adjacent Riparian Property Owner Statement and plot plan (enclosed) for lot 15 in Dolphin Shores. In the plan, they indicated that they would like to significantly back fill the lot and install a 6-foot retaining wall between our properties. In my discussions with the Holders, they stated that they would like to elevate their lot to increase their "comfort level." They have also expressed concerns regarding water runoff from lot 14. I understand the Holder's desire to elevate their lot, but I am concerned with how it will affect my lot and property. Although Mr. Holder indicated that he would have gutters and drainage pipes installed, I am still concerned about stormwater runoff. I have first-hand experience with mold and wood deterioration under our former house on Port Drive from only very small amounts of standing water after rainstorms. I'm also concerned about the owner being allowed to backfill their lot to an arbitrary height as determined by the owner/contractor. My concern is the lack of recourse to prevent the other surrounding lots from also backfilling and, in effect, turning our lot into a pond. We will then have no direct beach access, no view of the ocean, and disastrous water runoff problems. We are sure you can understand our concerns and look forward to your reply in order that we can respond in as timely a manner as possible to the Holder's letter. Regards, Kerri Farrelly, On behalf of Ironman Properties, LLC 172 Dockside Drive Jacksonville, NC 28546 Phone 910-219-1705 Fax 910-219-1706