94-61_Hicks, Cecil B._19940923

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December 5, 1994
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Cecil Hicks
P 0 Drawer C
New Bern, NC 28560
RE: DENIAL OF CAMA MINOR DEVELOPMENT PERMIT
APPLICATION NO. 94-61
Dear Sir/Madam:
After receiving 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.
The lot in question, and on which this application was filed, is located
in the Bogue Inlet Hazard Area and Westward of the vehicular dune crossover ramp,
the area boundaries of which are more specifically defined below -This area is
prone to and has a documented history of flooding.
I have concluded that your request violates NCGS 1.13A-120(8) which requires
that all applications be denied which are inconsistent with State guidelines and
our Local Land Use Plan. On Page V-5 of the Emerald Isle Land Use Plan, you will
find that a residential dwelling is not listed among the uses permitted in the
Inlet Hazard Areas, as specified:
Inlet Hazard Areas: The Town of Emerald Isle will allow uses within the
inlet hazard areas which are consistent with the Town's zoning ordinance.
15A NCAC 7H use standards and the following use standards:
(8) .Except as may be allowed below, the Town opposes all residential,
institutional and commercial development in the area which is West of a
line lying along the eastern property line of Lot 9, Section A, Emerald
Isle by the Sea, Book 8, Page 73, Carteret County Registrar of Deeds
Office, Block 53, November 16, 1973, to its intersection with the Southern
right-of-way with Inlet Drive and West of a line lying along the Eastern
property line of Lot 30, Section B, Emerald Isle by the Sea, Book 8, Page
73, Carteret County Registrar of Deeds Office, November 6, 1973, if
extended to intersect with the Southern right-of-way line of Inlet Drive.
Public rights -of -way and utilities shall be permitted. The following types
of development shall be allowed in the above described portion of the
inlet hazard area.
parking areas with clay, packed sand, or similar pervious surfaces;
- elevated decks not exceeding 500 square feet;
beach accessways consistent with 15A NCAC 7H use standards;
uninhabitable storage sheds with floor areas of 200 square feet or
less; .
temporary amusement stands; and
other uses allowed by the Emerald Isle Zoning Ordinance.
- 4 `3amdu 1zac4

In all cases, development shall only be permitted if it meets. other
applicable 15A NCAC 7H use standards; is landward of the vegetation line;
involves no significant alteration or removal of primary or frontal dunes
or the dune vegetation.
This project is also inconsistent with the State guidelines for Areas of
Environmental Concern (15A NCAC 7H), specifically:
15A NCAC 7H.0601 "NO VIOLATION OF ANY RULE:
"No development shall be allowed in any. AEC which would result in
contravention or violation of any rules, regulations, or laws of the Sate
of North Carolina or of local government in which the development takes
place."
This development is also inconsistent with the Emerald Isle .Zoning
Ordinance which reflects the requirements of the Land Use Plan; therefore,
inconsistent with 15A NCAC 7.0601.
Should you wish to appeal my decision to the Coastal Resources 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. Appeal notices
must be received by the Division of Coastal Management in Raleigh within twenty
(20) days of your receipt of this letter in order to be considered.
Sincerely,
Stephen C. Harrell
Local CAMA Permit Officer
TOWN OF EMERALD ISLE
SCH/ca
cc: DCM Field Representative
Mayor and Town Board of Commissioners
Town Administrator, Pete Allen
Town Attorney, Richard Stanley
I

Locality
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GENERAL INFORMATION
LAND OWNER
Name (10 0U-. 13. Al G K S
Permit Number
Address Z 1.5' el t4 A A G Ir STi
City WiE w B E R q State W. G. Zip Z 8 .'Vlo O Phone 914 — 6 3 i— 3111
AUTHORIZED AGENT
Name C. A,LAII 9, LL
Address J-144 e"Al? AlW-r- 13.0 ✓!7•
City XWAA4�96, m State /✓, G • Zip Z 83V 54- Phone 414 - 343- to ! O
LOCATION OF PROJECT
(If not oceanfront, is waterbody natural or manmade?)
DESCRIPTION OF PROJECT 2 STERN 1,soo0 A?Ar/� CAI ALIAWS .' 4
1 dATAs GoAQ en!2� Dor. z) • ooe-1wer i96 o FT Z �
AREAS OF ENVIRONMENTAL CONCERN (AEC) CLASSIFICATION
(To be filled in by the Local Permit Officer prior to completing application.)
Ocean Hazard Estuarine Shoreline ORW Shoreline Other /A/,G07'_* 14A.ZA/QD
PROPOSED USE
✓ Residential Commercial/Industrial Other
SIZE OF BUILDING IN SQUARE FEET Z 04om
Size of other impervious or built upon surfaces (such as driveways, etc.) within 75 feet of the shoreline (575 feet
of an ORW shoreline)
SIZE OF SITE IN SQUARE FEET
OTHER PERMITS MAY BE REQUIRED ... Zoning, Drinking Water Well, Septic Tank (or other
The activity which you are planning may require sanitary waste treatment system), Burning, Electri-
Y Y P g Y q cal, Plumbing, Heating and Air Conditioning, In -
permits other than the CAMA minor permit you sulation and Energy Conservation, FIA Certifica-
are applying for here. As a service we have com- tion, Sand Dune, Sediment Control, Subdivision
plied a listing of the kinds of permits which might Approval, Mobile Home Park Approval, Highway
be required. We suggest that you check over this Connection, Others:p—p,
list with your Local Permit Officer to determine
which, if any, of these may apply to your project. o
This is not a requirement of CAMA, only a sugges-
tion to help you complete your project as quickly as LSEP 19 4
possible.

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)
--Zan owner of record title, Title is vested in declL 13, 14i c.KS , see Deed Book 4 `1-4- ,
page 2 Scin the G A 2 TiE99= 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) (Address)
(1) EdIGiCS'. tF�a L�R►�. f' l�p�.1k'. IO iQ ?4AJATZi= ST.' t If. JT4AK\&--A KA .1'.G
(2)
(3)
(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 on the back of this ap-
plication, the ownership statement, the AEC hazard notice where necessary, a check for $50.00 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 a per-
mit is subject to civil, criminal and administrative action.
This the day of ,19
00
Land o . or-pe>cOukhorized to act as his agent
for puWes of ' a CAMA permit application.

P. 01
TRANSACTION REPORT
� SEP-23-94 FRI 8:16
DATE START RECEIVER TX TIME PAGES TYPE NOTE
SEP-23 8:14 CARTERET NEWS 1'21" 2 SEND OK
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EMERAI n ISLE, NC 28594
919/354-3338
DATE: September 23, 1994
TO: Patti Lyerly, Classified
FROM: Carol Angus, Planning Dept.,
Inspections Asst.
SL7H7DCT: CAMA Permit Notice Publication
-------------------------------------------------------------------
Please publish on September 25, 1994
CAMA PERMIT NOTICE
Pursuant to NODS 113A-119(b), Emerald Isle, a locality authorized to
issue permits in Areas of Environmental Concern, hereby gives NOTICE
that on September 23, 1994, Cecil Hicks applied for a CAMA permit to
erect a single family dwelling with 4 bedrooms, 3 baths, concrete
drive, decking, access to the ocean with sitting area at 11307 Inlet
Drive, Emerald Isle, BIoCK �3, LoT
The application may be inspected at the address below. Public
comments received by October 10, 1994 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 on this matter will be
provided upon written request.
Stephen C. Harrell
Local CAMA Permit Officer
Town of Emerald Isle
7500 Emerald Drive
Emerald Isle, NC 28594

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AEC HAZARD NOTICE
Project Is In An: __ Ocean Eredible Area High Hazard Plood Area inlet Hazard Area
Date Lot Was flatted: /f 711
Tlus notice Is intended to make you, the applicant, aware
of the special risks and conditions associated with
devul(ipment in this area, which is subject to natural
hnzirda such as storms, erosion and currents. The rules of
the Coastal Resources Commission require that you
receive an ,AEC liazard Notice and acknowledge that
tuatice in writing before a permit for development can be
issued.
The Conimi.ssion's rifles onbulldl1)gstand ards,occanfront
setbacks anddune a]terationaredkiil nedtomhilmize,but
not ell InInate, property loss from hazards. By grunting
permits, the orient Resources Commission does not
P�unrantee the safety of the development and assumes no
Ciabitity for future datttAge 10 the development.
The beat available 1 tifotination, as accepted by the Cciastal
Ruourcrs Commission, Indicates trait the annual occon
t:ipk)n rate for the area where your property is located is
feet per ye,
The rate iviis established by careful analysis of aerikil
plltitOgraplt9 of the Coastline taken river the p�mt 50 years.
Studies nlso incllCaW that the shoreline could move as
tltucl, as Sga— feet landward In a major storm.
The flood watei o in a major storm are predicted to be about
feet deep In this area.
Preferred oceanfront protection tlieasures are bench
Nourishment and relocation of threatened sttuctmes,
liar(, erosion control structures such as bulkh�ads,
serlwalls, revetments, groins, jetties and breakwaters are
�rohibiled. Temporary devices, lncl uding sand bags, may
Ee allowed under cettain conditions. .
SPECIAL NOTE: This hazard notice is retiired for
development in areas subject to Sudden an3 massive
storms and erosion. Permits issued for develo pmentinthIs
area expire on December 31 of the third year Hollowing tht:
car in which the permit was issued. Shortly before work
beglns on the project site, the Local Permit Officer will
determine the vegetation line and setback distance at your
site, If(tie prupertyhasseertlittle chaiigeand the proposed
development can still meet the setback requirement, (lie
LPO will inform you that you may begin work. It is impor-
tant that you check with the LPO before the permit expires
for official approval to continue [lie 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 substamitial progress has
not been mgde, the permit must be maiewed and a new
setback line established. It Is unlawful to continue work
lifter permit expiration without this approval.
For More informati01%, contact:
STF I1J14 HARRELL, 0R C a U S
LOW Permit ONicor
7600 )rML'RALD DRIVE
Address
l:o—ca�ityl�A-�3�;
--�-1
'leis structure shall be relocated or dismnnlled witluri two PI)an9
years of becomilig imminently threatened.
The applicant must acknowledge; this inforination and
requirements by signing tills hotice In the below SIXIce.
Without the proper signature, the a,pkilicallon will not be
complete.
A can ' rta Ur8
Date
Rsvlsed 11193

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The "luny, certificates)
REGISTRATION tz (aye) settifiett to be cep• instNmsrt was pal
GEED APPROVED FOR REGI
TAX PARCEL ASSMED ate Y%itation econled In Us OWIn
ll // atU 0 clock P_M
JAN 0 3 M3 �h dal► of 1 Sharon truer
j
Register of Dceds
A. Bryan SAW h Jty —
Tax supctrisct '
CARTERET Co. TAX OFFICE
Mbdm Tax
U.
•nme. Door and Caeo
..........
.....
, parcel Ideallllcr No...: ........... .. ....................................
.......................................
..........
Tax Lot No .................................................
C:ounb on iha ................ day of ...................... ...
ver Aed by ... .....
.. by .......................................................................................................
............................................
............. ........................ .........
][all after recording to ......................... ............
...............................................
. .... N.C. 28516.... . .
..Wlteatle...xi.I... C.1:oTaeY
.A.
This instrument WAS prepared by ...... C...1t..... .
Britt description for the Index Lot 11-5 A -Block 52
NORTH CAROLINA NON -WARRANTY DL"-D
E
Deeeaber .... 19. 82... by and between
............
•rnis HEED made this .............. day o .......... _
GRANTOR
RENNEM RCYALL and wife. JULIA Z. ROYALL
GRANTEE
II. MAYNARD RICKS and rife. CECIL B. IIICKS
p.0. Box 1035
Svrnsboro. N.C. 28584
n daft a "IL for aaeb parirt nano, address. and, If aPPraprla/e, tharatter of tolltr, e.t• tarperailen or part�•rahtp
U1er In ap! P
The designation Grantor and Grantee as used herein shall include said parties• their heirs, sueeessurP. �n1 acsidn!• and
shall include •ingatar, plural, tnascullne, feminine or neuter as required by context-
The
that the Crantor, for a valuable consicferntinn paid b the Gunder. tG r-te. of trhicb is hrr.bp
Emerald Isle To`r"'h'►'
atknoESSEed. has and by these presents dots grant, bargain. sell and eontey uatu the Graetee in fcr ti:nylc, sit that
certain lot or parcel of land situatt•1 in the City of
Carteret County. North Carolina and more particularly described it' follt.aa:
Section A. Block 52, as shown and designated on rta� of record t'ntltled•
Being all of Lot 11. tc ared by C.C. King, R.t.•�•• "t"l
..Map of Emerald isle,.Beit:g a portion of a[°Pageo6352Carteret County Rccistry.
recorded in Book of Official !taps No. 8.
,&,b ul(/
M. C. fW Ater• f om No. 1 C i t:1 • r+. w-... a 4.,•r . ew art •�•+•«..a C i.aa
C a.- No

NEW CONSTRUCTION. (✓f
APPLICATION FOR IMPROVEMENTS PERMIT AREA a
$XISTINCi ( )
ENVIRONMENTAL HEALTH DIVISION
CARTERET COUNTY HEALTH CENTER PRIORITY
`r
BEAUFORT NC 28516
!4
DATE: ��2 A Q'¢ _'• ,
—
1.OWNER ~ are 1 L B •
/e. .Sf PHONE: T
46DRESS
O a.i4.
;APPLICANT/AGENT
PHONE: 9/ Q — Z9.4 — 6 /a /
ADDRESS f'46 c4 gg
C Alk'r- LjLVIi -
f UBDIVISION
Jf
LOT // BLOCK SECTION
PROPERTY LOCATION /A�'T�
ri,�f ✓E ?ri �Q�d / S`L c
"TYPE STRUCTURE X1,16CJ-
005�4/L� /�eo.D .d�r�.E e AjL8 6SCONCRETE FLOOR (YES) (NO) Y -
00. BEDROOMS ` •I. NO. BATHS _� NO. PEOPLE -*GARBAGE GRINDER: (YES) (NO) is
;WATER SOURCE M6u-4
AAKIL- & 3 AYZoC ddA�. FLOOD ZONE ELEVATION �1
IT'AX PARCEL ! /S —.T'T
C — A 3P— Z 3
0'
's ACTION ON THIS APPLICATION WILL NOT BETAKEN UNTIL THIS OFFICE HAS BEEN ADVISED THAT THE HOUSE AND PROPERTY LINES ARE
iSTAKEO AND THE LOT IS ACCESSIBLE FOR EVALUATION.
"-eu t
"NOTE: THIS PROPERTY MAY CONTAIN DESIGNATED WETLANDS. APPROVAL FROM U.S. ARMY CORPS OF ENGINEERS MAY BE REQUIRED
PRIOR TO DEVELOPMENT. ADDITIONALLY, CAMA PERMIT SHALL BE REQUIRED IF ANY PART OF THIS STRUCTURE, SEPTIC TANK OR,
POTABLE WATER SYSTEM IS TO BE WITHIN 75' OF SHORELINE, CANALS OR OTHER WATERS OR MARSH.
"• IMPROVEMENT PERMITS ARE VALID FOR 60 MONTHS FROM DATE OF ISSUE. THIS IS NOT AN IMPROVEMENTS PERMIT.
�•• IMPROVEMENT PERMIT SUBJECT TO REVOCATION IF SITE PLANS.OR INTENDED USE NGES.
' A10 av y C a2
SIGNATURE
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11
11

SEPTEMBER 21, 1994
HICKS, McLEAN, & HOWE
106 MANATEE ST.
SWANSBORO, N.C. 28584
DEAR MRS. PAXON HOLZ:
I AM WRITING TO INFORM YOU OF THE INTENT TO DEVELOP THE
PROPERTY ADJACENT TO YOUR PROPERTY AT EMERALD ISLE, N-C. THE
PROPOSED DEVELOPMENT IS TO ERECT A TWO STORY SINGLE FAMILY
DWELLING ON PILINGS HAVING 4 BEDROOMS, 3 BATHS, DECKING,
CONCRETE DRIVE, SEPTIC AREA, AND DUNE DECK(GAZEBO).
A SURVEY WITH THE PROPOSED DEVELOPMENT IS ATTACHED FOR YOUR
REVIEW FOR 11307 INLET SR., LOT 11, SECTION A, BLOCK 537
EMERALD ISLE BY THE SEA, TOWN OF EMERALD ISLE.
ALL REGULATIONS REQUIRED BY COASTAL AREA MANAGEMENT AGENCY
(LAMA) AND STATE OF NORTH CAROLINA BUILDING CODE AND THE
TOWN OF EMERALD ISLE WILL BE ENFORCED.
IF YOU HAVE ANY QUESTIONS, OR OPPOSITION TO THIS
DEVELOPMENT, PLEASE SUBMIT THEM IN WRITING TO:
C. ALAN BELL AND STEVE HARRELL
546 CEDAR POINT BLVD.- LOCAL CAMA PERMIT OFFICER
SWANSBORO, N.C. 28584 7500 EMERALD DRIVE
EMERALD ISLE, N.C. 28594
SINCERELY,
N ELL, R.L.S.
dddi BELL SURVEYING
I HAVE NO OBJECTION TO THE PROPOSED DEVELOPMENT OF 11307
INLET DR., LOT 11, SECTION A, BLOCK 53, EMERALD ISLE BY THE
SEA, TOWN OF EMERALD ISLE, AS IT IS ILLUSTRATED ON THE PLANS
SUBMITTED_
SIGNATURE IDATE
SIGNATURE
DATE

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IAND SURVEYOR DO HEREBY CERTIFY
;NET! HAVC SI iD IEYED Tuc �:a lnccY+v
AS SHOWN HEREON IN ACCORDANCE
WITH THE 15TANDA S OF PRACTICE
FOR � S �84(i,IN NORTH
CA t �l__I ,�. iew 1I
DATE
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Alan Bell Surveying
546 CEDAR POINT RLIT-
SIYANSBORO, N.C. 26564
TELEPHONE: [phone]