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HomeMy WebLinkAbout2011-04Village of Bald Head 2011-04 Island Permit Number Local Government CAMA MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina, Department of Environment, and Natural Resources 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 Bald Head Island Club, authorizing development in the Ocean Hazard (AEC) at 303 South Bald Head Wynd, in Bald Head Island, as requested in the permittee's application, dated July 13, 2011. This permit, issued on August 1, 2011, is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void. This permit authorizes: DESCRIBE AUTHORIZED PROJECT AND LIST ALL PROPOSED DEVELOPMENT (1) All proposed development and associated construction must be done in accordance with the permitted worst plat drawings(s) dated received on July 13, 2011. (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 910-457-9700 for a final inspection at completion of work. (Additional Permit Conditions on Page 2) REGEiVED DCM WIL11 INGTON, NC AUG 0 �-,,l This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this permit must cease until the appeal is resolved. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modification not covered under this permit, require further written permit approval. All work must cease when this permit expires on: DECEMBER 31, 2014 In issuing this permit it is agreed [hat 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 vailten approval of the Division of Coastal Management. St en Boyet CAMA LOCAL PERMIT OFFICIAL PO Box 3009 Bald Head Island, NC 28461 PERMITTEE (Signature required if conditions above apply to permit) (5) The permittee, is required to contact the .Local permit Officer 910-540-8197, shortly before he. plans to begin construction to arrange a setback measurement that will be effective for sixty (60) days bamng a major shoreline change. Construction must begin within sixty @0) days of the, determination or the measurement is void and must be redone. (10)Dune disturbances MR be "allowedonly to the extent necessary for development and if the.dune's protective valuei IS notweakened or reduced.. Disturbed dune areas will be immediately stabilized, (11)AII unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective sedimentation and erosion control measures. Disturbed areas shall be vegetatatively stabilized (planted and :mulched) within 14 days of construction completion.. Locality 6a o _ _r as � Z) Permit Number _ 2_"�111 O Ocean Hazard X , Estuarine Shoreline ORW Shoreline Public Trust Shoreline Other (For official use only}_ GENERAL INFORMATION I itzDX83&VeI aed Name 7hr'94'-e-o GCu6 /�4�c C-f2om -CO 1� �G� o r•� ) Address .3 01 City fZfLT State Zip, Phone 9/a • !PY2 - 730 u Email %� �r [ O �-A h 1 C. !g h . net' AUTHORIZED AGENT Name 4V&q'r ,--nul Address _70 ( 1'o.t77, l�✓!ZD x9 _T() City State J/ Zip, / Phone 4/' 7 - 73o D Email r P or +nn� h l CiIS, 1?.� 2 LOCATION OF PROJECT: (Address, street name and/or directions to site. If not oceanfront, what is the name of the adjacent waterbody.) -15 o ! 5n1471t '► f.i),u a t DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) Du'ti► assiv SIZE OF LOTIPARCEL: square feet 2.1Y acres PROPOSED USE: Residential (Single-family Multi -family ) Cornmercial/Industrial Other 2 COMPLETE EITHER (1) OR (2) BELOW (Contact your Local Permit Officer if you are not sure which AEC applies to your property): `�_ (1) OCEAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE: -Alk square feet (includes air conditioned living space, parking elevated above ground level, non -conditioned. space elevated above ground Ievel but excluding non -load -bearing attic space) ;� k� (2) COASTAL SHORE AECs: SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT UPON SURFACES: AWsquare feet (includes the area of the roof/drip line of all buildings, driveways, covered decks, concrete or masonry patios, etc. that are within the applicable AEC. Attach your calculations with the project drawing.) STATE STORMWATER MANAGEMENT PERMIT: Is the project located in an area subject to a State Stormwater Management Permit issuod by the NC Division of Water Quality? YES NO If yes, list the total built upon area/impervious surface allowed for your lot or parcel: 9 square feet. a .r jj 1 ., E L) JUL 14 2011 DC M WILMINGTON, NC OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA minor development permit, including, but not limited to: Drinking Water Well, Septic Tank (or other sanitary waste treatment system), Building, 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. Check with your Local Permit Officer for more information. STATEMENT OF OWNERSHIP: I, 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 listed as landowner on this application has a significant interest in the real property described therein. This interest can be described as: (check one) an owner or record title, Title is vested in , see Deed Book page in the County Registry of Deeds. an owner by virtue of inheritance. Applicant is an heir to the estate of probate was in County. Y if other interest, such as written contract or lease, explain below or use a separate sheet & 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) (Address) (1) ti spro A-s-roe, o (2) 1p fJ;E*M Ti 4-17-e t/s46f r y1for, (4) _ ACKNOWLEDGEMENTS. s 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 Permit Officer has explained to me the particu- lar hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabiliza- tion and floodproofing techniques. I furthermore certify that I am authorized to grant, and do in fact grant, permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. This the day ofENU, . , 20 1 k Lando er.,�r perso uthonzed to act as his/her agent for purpose of filing a CAMA permit application T is application includes: general information (this form), a site drawing as described on the back of this application, the ownership statement, the Ocean HazardAEC Notice where necessary, a check for $100.00 made payable to the locality, and any information as may be provided orally by the applicant. The details of the application as described by these sources are incorporated without reference in any permit which may be issued. Deviation from these details will constitute a violation of any permit. Any person developing in an AEC without permit is subject to civil, criminal and administrative action. A1E_C HAZARD NOTICE Project Is In An: _ � Ocean Erodible Area High Hazard Flood Area Inlet Hazard Area Property Owner: 4vvm kri-cc ,7 Property Address:_ t4pp" Date Lot Was Platted: This notice is intended to make you, the applicant, aware of the special risks and conditions associated with development in this area, which is subject to natural hazards such as storms, erosion and currents. The rules of the Coastal Resources Commission require that you receive an AEC Hazard Notice and acknowledge that notice in writing before a permit for development can be issued. The Commission's rules on building standards, oceanfront setbacks and dune alterations 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. Permits issued in the Ocean Hazard Area of Environmental Concern include the condition that structures be relocated or dismantled if they become imminently threatened by changes in shoreline configuration. The structure(s) must be relocated or dismantled within two (2) years of becoming imminently threatened, and in any case upon its collapse or subsidence. The best available information, as accepted by the Coastal Resources Commission, indicates that the annual long-term average ocean erosion rate for the area where your property is located is $ 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 _ 20, feet landward in a major storm. The flood waters in a major stone are predicted to be about — VE l et 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 sand bags may be authorized under certain conditions. The applicant must acknowledge this information and requirements by signing this notice in the space below. Without the proper signature, the application will not be complete. Property Ownor`s Signature Rita 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 must be contacted to determine the vegetation line and setback distance at your site. If the property has seen little change since the time of permit issuance, and the proposed development can still meet the setback requirement, the LPO will inform you that you may begin work. Substantial progress on the project must be made within 60 days of this setback determination, or the setback must be remeasured. Also, the occurrence of a major shoreline change as the result of a storm within the 60-day period will necessitate remeasurement of the setback. It is important 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 can be authorized. It is unlawful to continue work after permit expiration. For more information, contact: 5-rmy",l &'i,- Local Permit Officer _ Address 90 L 1,-) Locality a- �7• (v255 Phone Number DCM WILMINGTON, NC SITE DRAWING/APPLICATION CHECKLIST Please make sure your site drawing includes the following information required for a CAMA minor development permit. 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 Label adjacent waterbody PHYSICAL CHARACTERISTICS Draw and label normal high water line (contact LPO for assistance) Draw location of on -site wastewater system If you will be working in the ocean hazard area: Draw and label dune ridges (include spot elevations) Draw and Iabel toe of dunes Identify and locate first line of stable vegetation (contact LPO for assistance) Draw and label erosion setback line (contact LPO for assistance) Draw and label topographical features (optional) If you will be working in a coastal shoreline area: Show the roof overhang as a dotted line around the structure e Draw and label landward limit of AEC Draw and label all wetland Imes (contact LPO for assistance) l Draw and label the 30-foot buffer liner DEVELOPMENT PLANS -. ';' 'w�15 y, �� i' ; - ,1,. Draw and label all proposed structures Draw and label areas that will be disturbed and/or landsca ed Note size of piling and depth to be placed in ground_` aiAp, f Draw and label all areas to be paved or graveled Show all areas to be disturbed Show landscaping NOTE TO APPLICANTtit ,. : ; �' r t ; :•.. �'r N, Have you: VE • completed all blanks and/or indicated if not applicable • notified and listed adjacent property owners? JUL 14 2011 • included your site drawing? w • signed and dated the application?� hR WiLN'IINGY®N, NC r • enclosed the $100.00 fee? • completed an AEC Hazard Notice, if necessary? (Must be signed by the property owner) a STATE OF NORTH CAROLINA LEASE AGREEMENT COUNTY OF BRUNSWICK THIS LEASE AGREEMENT, made this day of 2011, by and between Bald Head Association, Inc. (hereinafter "Association' d Bald Head Island Club, Inc. (hereinafter "Club"). WITNESSETH WHEREAS, Club is the owner and manager of the Bald Head Island Club and related facilities located in the Village of Bald Head Island; WHEREAS, Association is the owner of certain real property as shown on Exhibit A hereto which property lies adjacent to property owned by the Club; WHEREAS, Club is desirous of leasing said property from Association and Association is desirous of leasing said property to Club. NOW, THEREFORE, for and in consideration of rents, covenants and conditions herein contained, to be kept and performed by Club, Association does hereby Lease to Club and Club does hereby Lease from Association, those certain premises (the "Property") hereinafter described under the terms and conditions contained herein. 1. Prowrty. The property which is the subject of this Agreement is that certain tract of land conveyed to Association by deed recorded in Deed Book 1205 at Page 0063 in the Brunswick County containing 2.14 acres, more or less, and being further identified as Parcel Number 2642F00136 by the Brunswick County Tax Department. 2. Rent. Club agrees to pay, without demand, to Association as rent for the Property the sum of Ten Dollars ($10.00), per annum Rent shall be payable on or before the first day of April during each year of the lease term at the office of the Association. 3. Term. The Term of this Agreement shall begin on or before June 1, 2011, and continue through May 31, 2036; provided, however that Club shall have the right to renew said lease for an additional twenty-five year term upon the same terms and conditions contained herein. Club shall notify Association by December 31, 2035, if Club wishes to renew the lease. 4. Use of Premises. During the lease term, the Property shall be used for recreational purposes, including but not limited to, walking trails, boardwalks, and open areas for sports activities. Additionally, the Club may level an area of the Property and construct a croquet court on same, but the use of said croquet court shall be limited to special events sponsored by the Club. Also RECEIVED JUL 14 2011 DCM WILMINGTON, NC included, may be the erection, if necessary, of any structures such as playground equipment and additional plantings. All this work will be done at the Club's expense. Neither the Property nor any part thereof shall be used at any time during the term of this Lease by Club for any purpose not in compliance with the applicable laws, restrictive covenants, and zoning ordinances. 5. No Representations or Warranties. Association leases the Property "as is" and makes no representations or warranties as to whether the Property is suitable for Club's intended use. 6. C2ndition of Proms. Provided Club obtains any and all necessary governmental permits, Club may fill the lagoon on the Premises. Club may plant Seaside Paspalum grass or other similar varieties on the open areas. Club may also create dunes of varied heights to give natural appearance and native grasses, plants and sea oats shall be planted on the dunes. Existing sand fencing shall remain in place. 7. Assignment and Subletting. Without the prior written consent of Association, Club shall not assign this Lease, or sublet or grant any concession or license to use the premises or any part thereof. 8. Alterations and Imrovements. Except as set forth in Paragraphs 4 and 5 above, Club shall make no alterations to the Property or construct any building or make other improvements on the Property without the prior written consent by Association 9. Dangerous Materials. Club shall not keep or have on the leased premises any article or thing of a dangerous, inflammable, or explosive character that might unreasonably increase the danger of the fire on the Property or that might be considered hazardous or extra hazardous by any responsible insurance company. 10. Utilities and Insurance. Club shall be responsible for all utilities required on the Property during the lease term and shall maintain public liability insurance in a minimum amount of M� N' Dollars (Si.6-vpbZ5-o) covering bodily injury or property damage and , 0 - hold the Association harmless therefrom. �„- ()CLukrve Ace 3 on; ll t w, �r' �-- 11. Taxes. On an annual basis, Club shall promptly reimburse Association for the amount by which the Property's ad valorem taxes for the corresponding year exceed the sum of $500.00. 12. Insurance and Indemnification. Club shall name Association as a loss payee under Club's liability insurance policy. Additionally, Club agrees to indemnify and save harmless Association from any loss or expense actually incurred by or claimed against the Association arising out of any gross negligence or willful misconduct of Club, its agents, employees, contractors and invitees, in connection with Club's use and occupancy of the Property. kECEI V ED JUL 14 2011 DCM WILMINGTON, NC 13. Maintenance and Repair. Club will, at Club's sole expense, keep and maintain Property in good and sanitary condition and repair during the term of this lease and any renewal thereof provided, however that the Club shall not be responsible for any damage to the Property caused by forces of nature. The Club is not required to return property to the same condition before lease at end of lease. 14. Ripht of Inspection. Association and its agents shall have the right at all reasonable times during the term of this lease and any renewal thereof to enter the Property for the purpose of inspecting the Property. 15. Subordination of Lease. This Lease and Club's leasehold interest hereunder are and shall be subject, subordinate, and inferior to any liens or encumbrances now or hereafter placed on the Property by Association, all advance made under any such liens or encumbrances, their interest payable on any such liens or encumbrances, and any and all renewals or extensions of such liens or encumbrances. 16. Default. If any default is made in the payment of rent, or any part thereof, at the times hereinbefore specified, or if any default is made in the performance of or compliance with any other term or condition hereof, or in the event of Tenant's bankruptcy, insolvency, receivership or assignment for the benefit of creditors, the lease, at the option of Association, shall terminate and be forfeited, and Association may re-enter the premises and remove all persons therefrom and Association may take any other legal action or pursue any other remedy against the Club. Club shall be given written notice of any default or breach, and termination and forfeiture of the lease shall not result if, within 5 days of receipt of such notice, Club has corrected the default or breach or has taken action reasonably likely to effect such correction within a reasonable time. Owner may terminate this Lease and immediately reenter and resume possession of the Property or any part thereof and remove all persons and property therefrom. 17. Miscellaneous. a) Paragraph captions used herein are used for purposes of reference only and shall not be construed so as to modify the meaning thereof. b) This Agreement constitutes the entire agreement between the parties and may not be modified except by written agreement signed by the parties. Acceptance of any part of this Agreement constitutes acceptance of the entire Agreement. c) This Agreement shall be construed and governed by the laws of the State of North Carolina. d) This Agreement is binding upon the parties hereto, their successors and assigns. e) The covenants and conditions herein contained shall apply to and bind the assigns of RECEIVED JUL 14 2011 DCM WILMINGTON, NC the parties hereto, and all covenants are to be construed as conditions of this lease. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the date and year below written. BALD HEAD ASSOCIATION 0 11 Title: l 1 Y(2 fay, o6 j Name• Title: .. Ai BALD HEAD ISLAND CLUB, INC. B5r /1 r Name: Title: By. Name: Title: 4 Date: ) �> {) yl + ) Date: tU i i k Date: �/ , Zoo Date: RECEIVED JUL 14 2011 DCM WILMINGTON, NC NOTICE OF FILING OF APPLICATION FOR CAMA MINOR DEVELOPMENT PERMIT Pursuant to NCGS 1 I3A-I 19(b), Village of Bald Head Island, a locality authorized to issue CAMA permits in Areas of Environmental Concern, hereby gives NOTICE that on July 13, 2011 Bald Head Island Club, applied for a CAMA permit to grade and plant grass fora park located at 303 South Bald Head Wynd Lot #303, Bald Head Island NC, adjacent to Atlantic Ocean. The application may be inspected at the address below. Public comments received by July August 8, 2011 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. PLEASE PUBLISH ON: July 27, 2011 Stephen Boyett CAMA Local Permit Officer for Village of Bald Head Island Address: PO Box 3009 Bald Head Island, NC 28461 Phone: 910-457-6255 JUL 14 2011 DCM VdILMINGTON, NC LPO COMPOSITE RECORD FORM FOR MINOR PERMITS LOCALITY: Village of Bald Head Island FOR QUARTER: 1 Year: 2011-2012 a� (D c c E m a o � r rn� wU) .n w 0? a w W - N u" File # Applicant Name Project Address a+ o c N a o c a� ca O L O E 1 c 0 C> C c C 6 w O U.CL z a� U > a N C d ai c0 w c E a Q o O O c 0 A o o �aiU m fl A Q 1 C] �m� U 2011-04 BHI Club 303 S.B.H. Wynd 7/13/2011 7/20/2011 7/13/2011 8/1/2011 O C 2011-05 Village Beach Access #35 7/7/2011 O O 2011-06 Pre er 5Inverness 9/21/2011 9/28/2011 9/21/2011 O SFR Return To: Division of Coastal Management 127 Cardinal Drive Ext RECEIVED Signature: Date: 10 12/2011 Wilmington, NC 28405 OCT 12 2011 Phone Number . 910-457-6255 DCM WILMINGTON, NC REQUISTION FOR PAYMENT OF CAMA MINOR PERMIT PROGRAM IMPLEMENTATION AND ENFORCEMENT Local Government: , I-L 14&,Ib Period Covered: X I" Quarter (July - Aug - Sept) FY: 2011-2012 2nd Quarter (Oct - Nov - Dec) 3rd Quarter (Jan - Feb - Mar) 4th Quarter (Apr - May - Jun) Services Rendered: OH ES = Permits processed @ $55.00 each (�+ by Jdil.o (Cities and towns) OH ES = Permits processed @ $75.00 each (Counties) OH .1- ES = _� Final Inspections @ $40.00 each $ S3. R OH c)-- ES = c�-� Exemptions investigated @ $25.00 each $ OH ES = Violations resolved @ $100.00 each $ LPO Training (not to exceed $200.00) TOTAL AMOUNT REQUESTED UNDER THIS REQUISITION I, The above information is an accurate account of activities carried out by the local government staff during the period specified above. I approve for pay nt. DCM Regional R r sentative Date: /0 —/d- —/ / DATE RCVD IN WILMINGTON OFFICE: /o '/,y _ / 1 DATE SENT TO MOREHEAD CITY OFFICE: DATE PAID: CAMA Minor Permit I Log 2011-2012 Bald Head Island Wiro i Pg. 1 Date Quarterly report received: 10-12-11 1 st Quarter Permit No. Applicant's Name Project Location, Date RO received App. Date on App. Date RO received Permit aeo permit Decisio n Date - App. Filed ae rcv'd Public Notice AEC App Complete Appr. for Payment 11-04 BHI Club 303 S Bald Head Wynd 7/14/1.1 7/13/11 8/2/11 8/1/11 7/13/11 7/14/11 Y Y Y 11-05 Village of BHI Access #35 SBH Wynd x x x 8/2/11 7/7/11 x Y issued by WiRo 11-06 Preyer, Richard 2066 Inverness 9/22/11 9/19/11 9/22/11 Y Y nx Qtr 1 fs� f 0