94-64_McLean, Hicks, Howe_19940928

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December 5, 1994
.......... w?�AsB`t
McLean,Hicks, Howe
106 Manatee St.
Cape Carteret,.NC 28584
RE: DENIAL OF CAMA MINOR DEVELOPMENT PERMIT
APPLICATION NO. 94-64
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 historyof flooding.
I have concluded that your request violates NCGS 113A-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_

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

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[phone] 91-• [phone]
September 28, 1994
j SEP OR 1994
Hicks, McLean, Howe
106 Manatee Street
Cape Carteret
Swansboro, NC 28584
RE: CAMA Permit #94-64
Address: 11311 Inlet Drive, Block 53, Lot 13
Dear Sir/Madam:
This notice is to advise you of a HOLD that has been placed on CAMA Permit
94- until the following matters have been addressed.
An approved septic tank permit issued by the Carteret County Health
Department must be submitted to this office.
Also, i I lustrate how your devel cp:nelit wi 11 meet the Town 's ordinance, which
is enclosed, for street access; how the construction would be done; and at whose
expense will it be done.
Due to the past history of this area, it is the town's position, that no
public funds will be used to upgrade or develop beyond the Pointe Ramp.
Therefore, the HOLD on this permit will be in effect until such time that
the above questions have been resolved.
If you should have any further questions, please contact this office at
919/354-3338.
Yours truly,
Stephen C. Harrell
Local CAMA Permit Officer
TOWN OF EMERALD ISLE
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Mayo,
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Hicks, McLean, Howe
106 Manatee Street
Cape Carteret
Swansboro, NO 28584
!J& 90c47n of &z9tafJ-Y1L
7500,Fm..,U -rNivc
9ft"w d ffs&, -A-9 &wli sa 28594-9320
"Pf -1 [phone] 9—• (919) 354-5o6S
September 28, 1994
RE: LAMA Permit #94-62
Addresd: 11309 Inlet Drive, Block 53, Lot 12
Dear Sir/Madam:
This notice is to advise you of a HOLD that has been placed on LAMA Permit
94- until the following matters have been addressed.
An approved septic tank permit issued by the Carteret County Health
Department must be submitted to this office.
Also, illustrate how your development will meet the Town's ordinance, which
is enclosed, for street access; how the construction would be done; and at whose
expense will it be done.
Due to the past history of this area, it is the town's position, that no
public funds will be used to upgrade or develop beyond the Pointe Ramp.
Therefore, the HOLD on this permit will be in effect until such time that
the above questions have been resolved.
If you should have any further questions, please contact this office at
919/354-3338.
Yours truly,
Stephen C. Harrell
Local CAMA Permit Officer
TOWN OF EMERALD ISLE
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September 28, 1994
Cecil B. Hicks
215 Change Street
New Bern, N.C. 28560
RE: LAMA Permit #94=61
Address: 11307 Inlet Drive, Block 53, Lot 11
_-
Dear Sir/Madam:
This notice is to advise you of a HOLD that has been placed on CAMA Permit
94- until the following matters have been addressed.
An approved septic tank permit issued by the Carteret County Health
Department must be submitted to this office.
Also, illustrate how your development will meet the Tom's ordinance, which
is enclosed, for street access; how the construction would be done; and at whose
expense will it be done.
Due to the past history of this area, it is the town's position, that no
public funds will be used to upgrade or develop beyond the Pointe Ramp.
Therefore, the HOLD on this permit will be in effect until such time that
the above questions have been resolved.
If you should have any further questions, please contact this office at
919/354-3338.
Yours truly,
Stephen C. Harrell
Local CAMA Permit Officer
TOWN .OF EMERALD ISLE
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.Mayor
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Hicks, McLean, Howe
106 Manatee Street
Cape Carteret
Swansboro, NC 28584
r gown of 4Fm 9ra& ffY
7500 gm—U 2�sivs
,Fmtsaid ff4 --A-9 &w&m 28594-9320
9"Gu [phone] '9-x• (919) 354-5o6S
September 28, 1994
RE: CAMA Permit #94-60
Address:.- 11305 Inlet Drive, Block 53, rnt 10
Dear Sir/Madam:
This notice is to advise you of a HOLD that has been placed on CAMA Permit
94- until the following matters have been addressed.
An approved septic tank permit issued by the Carteret County Health
Department must be submitted to this office -
Also, illustrate how your development will meet the Town's ordinance, which
is enclosed, for street access; how the construction would be done; and at whose
expense will it be done.
Due to the past history of this area, it is the town's position, that no
public funds will be used to upgrade or develop beyond the Pointe Ramp.
Therefore, the HOLD on this permit will be in effect until such time that,
the above questions have been resolved.
If you should have any further questions, please contact this office at
919/354-3338.
Yours truly,
Stephen C. Harrell
Local CAMA Permit Officer
TOWN OF EMERALD ISLE
Fil
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'
19.63 EMERALD ISLE TOWN CODE '
§ i
continued for a continuous period of more than one hundred eighty (180) days, any
future use
of the land and/or building shall be in conformity, with the provisions of this chapter.
ing use shall not be changed to any use other than either a permitted use
(b) A nonconform
or special use for the district in which the no use is located. Provided, before the
nonconforming use can be changed to a special use, it must have met the conditions and
requirements of the special use as contained in article V of this chapter, and the noncon-
forming use must have been issued a special use permit by the. board of commissioners.
(c) No provision in this chapter shall prevent the restoration of a nonconforming building
destroyed to the extent of not more than fifty (50) percent of its physical. structure by fire,
explosion, other casualty or act of God, or the public enemy, if the restoration of such building
is commenced. within one hundred eighty (180) days of the date such damage and completed
within the period of .valiiii�� v elsev uli, -1-n;,- pp-m'-
3c t '��'�p therefor; provided, however, no
provision in this chapter shall prevent the reconstruction by'the owner of a nonconforming
residence occupied by its owner at the time of its destruction as set forth in this chapter,
regardless of the degree of destruction.
(Code 1983, § 9-4033)
Sec. 19.6.1. Relationship of buildings to lot.
. fined in section
Every building hereafter erected shall be located on a lot of record
and itseaccessory build-
ings There shall be no more than one principal residential building
on one lot except as permitted herein.
(Code 1983, § 9.4034)
Sec. 19-65. Street access.
j.;No.building shall be erected on a lotwhich does Lnot abut aystreet,4s defined in section
19-62, except in the following circumstances:
(1) The lot is part of a planned unit development or a condominium (residential or com-
mercial), where an owners' association is responsible for maintaining a private access
road and insuring adequate access for ili f. ess, er� ass; : a T s ess _te and from the lot
and a street, as defined in section 19.62. .
(2) The lot adjoins a common parking area .connected'to a street, as defined in section
19-62, the common parking area used in connection with other lots, commercial uses,
or businesses, such common parking area already existing or approved by the board
of commissioners.
(Code 1983, § 9.4035)
Sec. 19-66. Reduction of lot size prohibited.
No lot, as defined in section 19-62, shall be reduced so that yards, width or area below the
minimum required under this chapter shall result.
1156

njl Locality Permit Number l r
� � %�
GENERAL INFORMATION SEP 2 9 1994
LAND OWNER
Name X� Al+� �l/ G 1�� . /�lo !,✓,E . .
Address AIr Sr.
cityS'l,/,q„/� B6 ,� p State . C . Zip .Z H�8 '� Phon�9/4) • �4 ' 8/ ��
AUTHORIZED AGENT
Name L.
Address
City .��/611 State . G . Zip 2 8� PhoneC9/Q�--�Q�— �o/m
LOCATION OF PROJECT //3// /�✓.� ��• �-�� /3 SEA A Lam. �.3
(If not oceanfront, is waterbody natural or manmade?)
DESCRIPTION OF PROJECT g SYQIPy G,eo.O Ad P��'� • '4 dZ��o• t�
3 .Qe rat' ' c: e r✓G��l `� .DAP //3.�0 /2Z) • .�7.EG I�+! /
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
PROPOSED USE
Residential Commercial/Industrial Other
SIZE OF BUILDING IN SQUARE FEET ¢60
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 ...
The activity which you are planning may require
permits other than the CAMA minor permit you
are applying for here. As a service we have com-
plied a listing of the kinds of permits which might
Ee required. We suggest that you check over this
list with your Local Permit Officer to determine
which, if any, of these may apply to your project.
This is not a requirement of LAMA, only a sugges-
tion to help you completdyour project as quickly as
possible.
Zoning, Drinking Water Well, Septic Tank (or other
sanitary waste treatment system), Burning, Electri-
cal, Plumbing, Heating and Air Conditioning, In-
sulation and Energy Conservation, FIA Certifica-
tion, Sand Dune, Sediment Control, Subdivision
Approval, Mobile Home Park Approval, Highway
Connection, Others:

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 W044T.4tI 41ck'.S. q0 AktoE see Deed Book 5.�
page�in the CAX7 X1PE T Coufity RegisfV 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)
G
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 199.
o
Lan �ff
au orized to act as his agent
for CAMA permit application.

NEW CONSTRUCTION (Vr
` EkISTING' ( )
REPAIR ( )
OWNER aicieoS. INGLE
ADDRESS /06 4A;44TkE
APPLICATION FOR IMPROVEMENTS PERMIT
ENVIRONMENTAL HEALTH DIVISION
CARTERET COUNTY HEALTH CENTER
BEAUFORT, NC 28516
APPLICANT/AGENT G ' . 141-AM
ADDRESS or'¢/o 4E404,e? pabzm'7 " 0-&90. , oS�.1A .�BrDrC
SUBDIVISION TI�Age /f,[f_ � y ��+ ���_ LOT
PROPERTY LOCATION 1414 i_ ,0X. Ard/W,0'41.4 /-rt
AREA
PRIORITY
DATE: W z-i L4 4
PHONE:
PHONE: 9/ 3Qz" 6/a
rG • z8�4U.4
?-)—BLOCK- J2 -SECTION A
TYPE STRUCTURE �'/ ,/ S -ems//L K rks4r& did ALIOWS CONCRETE FLOOR - (YES) ✓ (NO)
NO. BEDROOMS 4 NO. BATHS _ NO. PEOPLE GARBAGE GRINDER: (YES) ✓(NO)
WATER SOURCE LAEiX .QWWAI-V i✓.aT /�iOiP� FLOOD ZONE 1/110—ELEVATION IS
TAX PARCEL A /X - �`/� - Oc7 - .Z¢
ACTION ON THIS APPLICATION WILL NOT BE TAKEN UNTIL THIS OFFICE HAS BEEN ADVISED THAT THE HOUSE AND PROPERTY LINES ARE
STAKED AND THE LOT IS ACCESSIBLE FOR EVALUATION.
"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.
CCEHD Rev. 9/93 PLOT PLAN

M
n
Excise Tax
NORTH U110LIt1A, t AMER • LINTY � / ?
The toregrlwl cerati(icate(s) oa
Is (are) eertifieft to be correct. This tri Mt r••e >•
senled r roe stintion ;rd iecor..,J in iais o::::.�
Th �OD
�• o a l D� r%,e- —AL
y I�R� t
Register of eft
Assistant, 11*4
Reoordtng Time. Book and ^age .. +•
Tax l.ot 1u• Parcel Identifier No. ..... .......... ..............
Verified by
County on the ... day of .... ... .. .... ...... , 1l............ �.}.
by...... . ..................
i
Mail nfler recording to Vohn U. McManus .,Jr.. Attorney., . P.O.. Box.] 46... Red, Springs,- 1C...2837.7........ ......
.................. .......... .......................................... ...................
_
This hislrttment.w•as prepared by John U. McManus, Jr. ...Attorney.. Red..Spr..i.^.gs,..NC...28377..... ... ............ .... _
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this 14th day of May , 19 81 , by and between
GRANTOR i GRANTEE
W. R. Peele. Jr., and wife, Y
Callie B. Peele
P.-O. Box 566
Clayton, N.C. 27520
t.
........ �. B. Mclean,,
H. Maynard Hicks, and
Martha H. Picks
Cater is appreprialt Welt ter eaelt party: wane, address, and. If &I 'Prtaie, et aratter er eauty, e{ arparatMs or 1 psrisenA p.
The •!t•ignutlon Grantor and Grantee as used herein shall include said parties, their heirs. •nccessur:. ana assigns, and
•hall include singuler, plural, masculi
ne. feminine c: net -ter as required by contest.
11'ITNESSETI1, that the Grantor• f.rr a %astable consideration paid by the Grantee, the receipt of which is hereby
arknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simpl-, all that
certain lot or parcel of land situated in . White Oak Township..... Carteret County.
Vnrtn f arolira and yore particularl7 described as follows:
• Being all of Lots Nos. TWELVE (12). THIRTEEN (13). and FOURTEEN (14). in Section
"A", as shown and designated on a map entitled, "Map of Emerald Isle By The Sea,
Being a Portion of Block 53", prepared By C.C. King. R.S., and recorded in Book
of Flaps No. 8, at page 73. in the Office of the Register of Deeds of Carteret
County, North Carolina. The same Being a portion of Section No. 430 as sham '
and designated on a map of Emerald Isle By The Sea prepared by William Ragsdale.
R.S., and recorded in Map Book 3, page 34, Carteret County Registry. Reference
'to said maps and the registration thereof hereby made for greater certainty of :•i,S"1�'
Decsription. Being the same lands described in and conveyed by d?ed.recorddd
,1n Book 355. page 80, Carteret County Registry. See also Book 354, page 411.
• But this conveyance is mAde subject to the restrictions contained in an instrument
t
recorded in Book 332, page 249, Carteret County Registry.
_ .. � _ • ::a:.�:�:»�;err;
t

AEC HAZARD NOTICE
Project Is In An:
Date Lot Was Platted:
Ocean Erodible Area High Hazard Flood Area let Hazard Area
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
erolon rate for the area where your property is located is
6 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 0__ feet landward in a major storm.
Th flood waters in a major storm are predicted 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, the application will not be
--- _,
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 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 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:
STEPHEN HARRELL OR CAROL ANGUS
Local Permit Officer
7500 EMERALD DRIVE
Address
EMERALD ISLE, NC 28594
Locality
919/354-3338
Phone
Revised 11193

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1 GYltu REGISTERED 9 6194 ;p20PO
LAND SURVEYOR DO HEREBY CERTIFY
THAT 1 HAVE SURVEYED THE PROPERTY L E P.1-t 1-� l G tL S , � 1� �g W E
AS SHOWN HEREON IN ACCORDANCE
WITH THE SIANDARMPF PRACTICE a s Kv
FOR D% RMVV6 F(� j4ORTH A 15Loc.K 53 oa 430
CARD
E.MERAt_O ISLOL 15Y -rW IR SdQ
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`•v NtTa oo.w, -'wsP, % CAuTsgwr co. N.G.
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Al an Bell Surveying
A L. AN �'� 546 CEDAR POINT BLVD.
Sli'ANSBORO, N.C. 28584
TELEPHONE: [phone]

REGISTERED
LAND SURVEYOR DO HEREBY CERTIFY
THAT I HAVE SURVEYED THE PROPERTY
AS SHOWN HEREON IN ACCORDANCE
WITH THE STANDARDS OF PRACTICE
FOR LAND SURVEYING IN NORTH
CAROUNA.
CYRUS ALAN BELL, R.L.S.
REG. NO. L-2699
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Alan Bell Surveying
546 CEDAR POINT BLVD.
SWANSBORO, . N. C. 28584
TELEPHONE. • (919)-393-8101