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HomeMy WebLinkAbout015-24 CMT - PawPaw OBX LLCTown of Naas Head Local Government CAMA MINOR DEVELOPMENT PERMIT ✓( RECE'l C. I 015.24 CMT MAY 0 9 4130 Permit Number �oIcournr DCM— y�o 4 y as authorized by the State of North Carolina, Department of Environmental Quality and the coastal Resources Commission for development In an Area of Environmental Concern pursuant to the Coastal Area Management Act, Section 113A-118 of the General Statutes. Issued to Paw Paw OBX LLC and authorized agent Michael Robinson for development in the Ocean Hazard (AEC) at 9303 S Old Oregon Inlet, in the Town of Nags Head , as requested in the permit' ee's application, dated April 4, 2024, and received complete on April 30, 2024. This permit, issued on May 6, 2024, 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: Construction of a Single Family dwelling with pool and cabana in the Ocean Hazard AEC (1) All proposed development and associated construction must be done in accordance with the permitted work plat drawings approved and stamped . [ GS 113A-120 ] (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.. [ GS 113A-120 ] (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.. [ GS 113A-120 ] (4) A copy of this permit shall be posted or available on site. Contact this office at 252-449-6045 for a final inspection at completion of work, . [ GS 113A-120 ] (Additional Permit Conditions on Page 2) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing dale. 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, 2027 In Issuing this permit it is agreed that this project is consistent vdth the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal Management Check #1859 in the amount of $100, was received on 0412312024 for the permit tee. CHRISTOPHER TREMBLY CAMA LOCAL PERMIT OFFICIAL PO BOX 99 NAGS HEAD, NC, 27959 PERMITTEE (Signature required if conditions above apply to permit) Name:Paw Paw OBX LLC Minor Permit # 015.24CMT Date: 051062024 Page 2 MAY 1 0 2024 (5) The structure must be setback 150 ft west from the first line of stable natural vegetation, or Static Vegetation Line as determined by the DCM, the LPO, or other assigned agent of the DCM. [07H.0306(a)(1)] (6) The permittee is required to contact the Local Permit Officer 252-449-6045 shortly before plans to begin construction to arrange a setback measurement that will be effective for sixty (60) days barring a major shoreline change. Construction must begin within sixty (60) days of the determination or the measurement is void and must be redone. [07H.0306] (7) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective sedimentation and erosion control measures. Disturbed areas shall be vegetatively stabilized (planted and mulched) within 14 days of construction completion.. [ GS 113A-120 ] (8) Any structure shall be relocated or dismantled when it becomes imminently threatened by changes in the shore line configuration as defined in 16A NCAC 07H .0308(a)(2)(8) Any such structure shall be relocated or dismantled within eight years of the time when it becomes imminently threatened, and in any case upon its collapse or subsidence. However, if natural shoreline recovery or beach fill takes place withing eight years of the time the structure becomes imminently threatened, so that the structure is no longer Imminently threatened, then It need not be relocated or dismantled. This permit condition shall not affect the permit holders right to seek authorization of temporary protective measures allowed pursuant to 16A NCAC 07H .0308(a)(2). [07H .0306(g)] (9) Pursuant to 15A NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold, or otherwise disposed of to a third -party. , [ GS 113A-120 ] SIGNATURE: DATE: PERMITTEE C Ocoan jlazard /\. Bstuatino Shoreline ORW SbotAino (For official use only) 9PNERALIN1tORMATION LAND OWNER - A1AIIMG ADDRESS Name__?Ap__ Ptkw 0sy, ur_ cjo 7A_C w PoindtNgmber 0 b < Public Tltvst Wrolitto Other RECEIVED APR 2 4 2024 Address %15. _i5 0_uRtkRO rwlwo _®QIVI-LYC city zemn, 'rpgs State pA zip 15ot0 Phone 30 _Co70--.5656 Email J sees ? -lost .siowN a(Z�grrl mvp'wri .CoM AUTHORIZEDAGENT Address h•o . U vL City V3 y1mt, 6Attl S State ._� Zip 2iy4bPhone-_2$_Z' 25S-602L $mail mro�j%Y\ oval o*bxavigtneer.w �com LOCATION OE PROJECT: (Address, streotname and/or directions to site; name of the arjjacentwatorbody.) ga03 SOVT" 6LD OV,5C,01 14L r M64-D It(taas kie-AD DENCRIMON OF PROJECT: (Gist all proposed construction and land dia mbauoe,) _ 5 t N q ( r VA M i -/ IZJSiI?EUdI WITH CA7SO4A , 'POOL PeND VV"r- VyAkC SIZEOFLOTMARCEL: 15,151 Opera feet sexes PROPOSED TISE: Residential (Single-family LJ Multi -family [] ) Commexcial/fadustrial ❑ Other COMPLETE EMEER(1)OR(2) BE' LOW (Can tactyourLocal JoermitQfficeiVyouare not sarewit tchARC apylies to your property): (1) OCEAN E A7,A.RD AECs: TOTAL FLOOR AMA OF PROPOSED MUCI'URE: square feet (includes air conditioned living space, parking elevated above ground level, non -conditioned space elevated above ground level but excludingnon-load-boaring aide space) (2) COASTAL SHORELINE AECs: SIZE OP BUILDING FOOTPR1N.l AND OTA BR UORRVIOUS OR DImf UPON SURFACES: N 14% square feet (includes the area of the foundation ofall buildings, driveways, covered docks, conorete or masonry patios, etc, that are wither the applicable ARC. Attaeh your calculations with the project drawing.) STATE STORMWATER MANAGIMNT PERMIT: Is the project located k an area subject to a State Stormwater Management Permit issued by the NC Division of Energy, Mineral and Land Resources (DEMLR)? YES NO X If yos, I ist tho total built upon ama/icup orvioue sutffioo allowed for your lot or purccl: square feet, OTHER PERMITS NW BA REQUIM, : The activity you are planning mayregWre permits other than tho CAMA minor development permit, including, but not limited to: Drinking Water Well, Septic Tank (or other sanitary waste - 1r t,'' tsty�n p ��t�� Tit ,h '11 1t t 7T 1 n q1 r ■ r i : i VE D 11� IME119011), .diu1t11 ! til8aLi` 4, Yintnbmg,.ttcalmg andIr (ondtiioning, lnsaia�on an� 13nexgy Gonsetvatton, �ti Certification, Saud Dune, Sediment Control, Sabdi*IonApproval, Mobile Home Park Approval, Highway Connection, 2 4 i024 others. Check. with your Local Permii Officer for more information. STAi7C1{VW OF OWN 8HW: G )CM —EC L the undersigned, an applicant for a CAMAminor developmentpemaitr being either the owner ofproperty in an AE or a person authorized to act as an agent forpuuposes of applying for a CAMAminor developmentpeanit, certify that theparson listed as landowner on this application has it sign ficaut interest to the real property described therein.. This interest can be described as: (check one) �( an owner arxecord tille, Title is vested in name of PAW pg Q see Deed Book 270 3 page ? \ inthe VAIM County Registry of Deeds. _ __an owner by virtue of inheritance, Applicant is an heir to the estate of ; probate wag in County. _if other interest, such as written contract or lease, explain below or use a separate sheet & attach to this application. NOTIFICATION OFADSACENTRWAI LkNPROPERTXOVR MILS: 1 furthohmore certify that the following persons are owners of properties adjoining this property. I affirm that I have given . ACTUALNOTICA to each of them concerning my intent to develop this property and to apply for a CAMApermit (Name) (Address) 1J.(1)_4$o1 OLD o%r,g,oN 114VGfILLt °(o t4AKLSLi PAttWP,L4 ZOZ2Z t=,6t4 0CYY OAV,,$ GT. 46) ASHWL7.41 , VA ZOO -7 5.(3) LvLs L. CIM%evEs. t(o aeu%ow M6.1 uopeWcu__,_NS' vs$z5 - (4) ACKNOWLEDGEMENTS: I, the undersigned, acknowledge that tho land ownar is aware thatthe proposed davelopment is planned for an arch -which maybe susceptible to erosion and/or flooding. I acknowledge that tho Local Permit Officerhas explained to me the particn- lax hazard problems associated with thin lot. This explanationwas accompanied by recommendations concerning stabWm- tion and floodproollng techniques. I furthermore certify that I am authorized to grant, abd do in fact grant, permission to Division of Coastal Management staff, the Local Permit Offices and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. This the M ro day of MAU.O`V , 2G Z4 Landowner or person rt urizq6loaci,ashfiher agent for propose of filing a CAMA permit application This application hx1rtder: general information (thfsfonu), asite drawing as described on the back of this application, the ownership statement, the Ocean HazattdAECNotice where necessary, b checkfor $100.00 made payable to the locality, and any information as may he provided orally by the applcant. The details of the application as described by these sources are incotlrorate d uvtthout reference in airy permit which may ba issued. Deviation from these details will constitute a violation of any permit Anyperson developing in an AEGwithoutpermit is subject to oMl, criminal and administrative action. �e Dare County - Property Records 027465000 PAW PAW OBX LLC 9303 S OLD OREGON 915 SHENANGO RD INLET RD, NAGS HEAD, BEAVER FALLS, PA75010, USA NG, 27959 PARCEL INFORMATION Parcel ID 027465000 Land Use Code 0100 District Zoning Code Subdivision Code Legal Desc. Plat Cab Slide Deed Date Tax Status NAGS HEAD R2 H790 LOT: 15 BLK: 4 SEC:1 PL:1 SL: 93 10/13/2023 Taxable SECONDARY OWNERS No data to display ASSESSMENT DETAILS Data last upd ry , mm 00 7V RECEIVED APR 2 4 2024 PIN 071918316156 Land Use SINGLE FAMILY RESIDENTIAL Description Neighborhood 14020003 Zoning Desc. MEDIUM DENSITY RESIDENTIAL Subdivision HOLLYWOOD BEACH SECT Book/Page 270S11E47 OGEAN HMM AEC NOTICE Project is to an: Property owner: Property Address: Data I_ot Was Platted: 'fads notice Is hdertdod to make you, the applicant, aware of the spacialxialm and eondttiom assoolated.with development to this area, which 3s subject to natural hazexds such As storms, erosion and currents.'Ilia rules of the Coastal Resources Commission regnho that you xocaivo as ABC Hazard Notice and ackoowladgo flat notleo In vrxithtg bafom a' permit for dovolopmemt oaabo issued. '110 Commission's aides on building standards, onoanliont setbooka and drum alterations Oro designed to mbdm3w, but not ollmieato, property, loan Rom hauerds• -By granting permits, the Coastal Pogo -am Commission does not goaramtee Via salbty of the dovelopment end assurers no liability flat Ahem damage to the dovolopmoot. Pemuits hatted lathe Wage:Hurrd .Area of l3ovhonmentab Comm Include the ormditlen that stmoturm be rsdooatad or disamudled if they bmoomo ivaahmrtly threatened by ohongas 3n ohoralino cowignorlmu.'19to ghuou"(s) musibo rolowted or diRt mulod witMu. twe (2) years of becoming imminently threatoned, and in any eagm spell Its collapse or subsidence. Thu best available h2moa0on, as acooptodby the Coastal lta9MMOS Commlarelce, indicates that the manual long-term average ocean erosion reM far the. array where your property is loomcdis _ -S- footparyoar. The rate was eatablishad by carelid amlysfe of aerial pbotogmpbs of the coastline tabu over the pastso.yeare. !M. oodWaters4Lmaja giman.omprodictedtotoabout feet deep in this atea. Rmfaetod oceaufiont protoation monsurea are beach nourishment and zalooation of tltresioned etntRturoy Fisrd erosin. oconfect abucturas such as bulhbaads, seawalls, rovebnomts, groins, jetting and breakwaters are prohibited, Temporary amid begs may be niaorized under eortak conditions. '171e applicant must aakaowledgo this information and requiromonts by aigulug this notice lathe apace below. Without the proper eigsalwo, the application will not be complate. PIA Owner's Mfinatunx Lkrte APR 2 4 2024 Inlet Hazard AToa®CM_E SPI;OIAI; NOTM: '1118 bnvxd notice is mquhad for development in areas anbjeat to sudden Bud xnossivo atotme oiul erosion. Permits Issued for development in this area mq&o on )December 31 of tan OA your following the year.A which the permit was leaned. Shortly before 'Work begins on the project Rite, the Localparnrlt Officer mustbe contacted to detormitro the vogotation line anti setback distance at your site. If the property law seen little ahenga since the time of permit issuance, end the proposed development can still moat ilia eotbaak requhanreut, the 1S0 will bd'orm you that you may begin work Substantial progress on the pxojcot must be made 01aba 60 days of this setback determination, or the setback must he rc-moaaured. Also, tie ocoanonce of a major shomlirro change Be the rouult of a atomr within. the 60-days period w01 nocossi6de re- mmenmewnt offha setback A is Imported that you oheek with the r..p0 before the permit nxpirm for official approved to continua the work a0ar the permit has expired. Uneasily, if fmmdation pRiugs have been plavetl and substmrtlal progrosa is contimdng, putruit renew can be outboadmd. It Is unlowful to continuo work aitorparmitoxpimllon. .ForInorehy/ marlorr, eowact: Iova, potm our ?0 Address ' 1 t 4 S• R �owr. of i`10.AS C1e�� I.00eldy — ��-- _ass Phone Nurnher Rovfsod October 2016 0 CERTIFIED MAIL, RETURN RECEIPT REQUESTED or HAND DELIVERED gaol ot.P 6ZVC%0%4 114Lg•t Name of Adjacent Property Owner clo mA► %SLA VAUWAL. , 2G22i Address --- / 6#1W)RA UA 2014`1 city, state zip To Whom It May Concern, MA1stAk Z$ , 20Z Date LLC lir �1tUGK ( oAV S C60WI RECEIVED APR 2 4 2024 DCM-EC This correspondence is to notify you as a riparian property owner that I am applying for a CAMA Minor permit to COME .Ucr A 61WO -r— V'ArotL-f 111W12014eE. wlM A GAP5RkA gook AH'a oyy4c- pp.tK onmypropertyat 98o3 SD>YN PIX ORE4014 WLST (LOAD i NA4S BEAD in n&Rr E County, Which is adjacent to your property, y,,,1"NDp�j" If you have no objections to the proposed activity, please mark the appropriate statement below and return to me as soon as possible, If no comments are received within 10 days of receipt of this notice; it will be considered that you have no comments or objections regarding this project, If you have any questions about the project, please do not hesitate to contact me at my address/number listed below. If you have objections or concerns about the project, please mark the appropriate statement below and send your correspondence to: mailing address: P.O. Box 99 Nags Head, NC, 27959 The staff at Town of Ns Head can be reached at ^ 252441-7016 Sincerely, Ift agwit 252. 2S5 ~ 002.�, e is Nama Telephone Number PAW PAW 0154 rU.C. ('2'o n 6666 aY AA%F 141 I have no objection to the project described in this 1 i have objection(s) to the project described in thi: m Adjacent Riparian Signature Print or Type Name / Date Ln e r. nmeummirm 4I.io af�(aTSBrVT,CE9arpbf'(eMLFb C7 L..I�UIIp R(ce!PIPHNrniry} C3 Ncmmm rnennesmeredooere.y w�m s�-we firyu'rea ru u7 AtlW Slrynetwe ftee4klW OePYe Q 1 rlipJJ os11o_�—o a_n. Feas 'e83 4 9 r+ Postmark Nero t': ybl Dare County - Property Records RECEIVED 026337000 9301OLD OREGON INLET LLC Data last uGpda4ldta14fiA0Y9W% 9301 S OLD OREGON C/O MANISH PALIWAL, 20227 KENTUGKY F063,900 APR 2 4 2024 INLET RD, NAGS HEAD, OAKSCT NC, 27959 ASHBURN, VA,20147, USA !r/� D�f1M�n -E0.� PARCEL INFORMATION Parcel lD 026337000 Land Use Code 0100 District Zoning Code Subdivision Code Legal Desc. Plat Cab Slide Deed Date Tax Status NAOSHEAD R2 H790 LOT: 16 BLK: 4 SEC: i PL:1 SU 93 05/13/2022 Taxable SECONDARY OWNERS No date to display ASSESSMENT DETAILS PIN 071918316231 Land Use SINGLE FAMILY RESIDENTIAL Description Neighborhood 14020003 Zoning Desc. MEDIUM DENSITY RESIDENTIAL Subdivision HOLLYWOOD BEACH SEC i Book/Page _ 261gLgO-10 CERTIFIED MAIL, RETURN RECEIPT REQUESTED or HAND DELIVERED -MAnoI-1 2% . 7PU� Date Lo%S L. gtzlled£r� Name of Adjacent Property Owner ►to 13u1z.f6w faUE . Address NopF,WEtL- WTI r %67,5 City, State Zip To Whom It May Concern: RECEIVED APR 2 4 2024 DCM-, C This correspondence is to notify you as a riparian property owner that I am applying for a LAMA Minor permit to --Caufscl-0C7 A 51A!ttue- VAMIL't VZO10644 . 4trfK A CABAIAA � POOL pub i7dNG 0SCK onmypropertyat qb0% SOV O 61-V 01'15y614 114Lr;-'f ROAD-, 14Ak.S 4AD in tiAli1~ County, which is adjacent to your property. If you have no objections to the proposed activity, please mark the appropriate statement below and return to me as soon as possible, If no comments are received within 10 days of reeeipt of this notice; it will be considered that you have no comments or objections regarding this project. If you have any questions about the proj ect, please do not hesitate to contact me at my address/number listed below. N you have objections or concerns about the project, please mark the appropriate statement below and send your correspondence to: mailing address: P.O. Box 99 Nags Head, NC. 27959 The staff at Town of Nags Head can be reached at 252-441-7016 Sincerely, AkrolAz 252 2S5 go26 Pro wner's Name Telephone Number PAO PAVJ bDNL i t1.0 304 ^ 670 - 5&O to 13-1 Aa%x1�r I have no objection to the project described in i o I have objection(s) to the project described in tl � n , F 11 Adjacent Riparian Signature Print or Type Name / Date ri M 65 Ci :x+rnsua SF¢obk'. eaakoe C3 r7x�n.nrxcaMP+�K pR Ste+'#it3 ('jltaMnRttNPi(MaYd `u} $- i Qru ❑ceiucmuW+Reelrk+otlnaw<+y x - Y7C ❑MIvl5�gr51ureRaq�trxl $ Ln [�AAul SyraNra ReatY,etM oa'Nery 4 ._ M ra Address city p Ir cc ui tr 1f. Posunn�k Hero Dare County - Property Records 007288000 GRIEVES, LOIS L Data last updomm4gWAIllt41 9305 S OLD OREGON $787,600 16RGRTONavE INLET RD, NAGS HEAD, HOPEWELL, NJ,08525, USA NC,27959 5d 4. <a aka APR 242024 ;M-E PARCEL INFORMATION Pence) ID 007288000 PIN 071018316172 Land Use Code 0100 Land Use SINGLE FAMILY RESIDENTIAL Description District NAGS HEAD Neighborhood 14020003 _ Zoning Code R2 Zoning Dose. MEDIUM DENSITY RESIDENTIAL Subdivision Code H79D Subdivision HOLLYWOOD BEACH SEC Legal Dose. LOT; 14 BILK. 4 SEC: 1 Plat Cab Slide PL:1 SL: 93 Deed Date 02/02/2021 Book/Page 2464/140 Tax Status Tastable SECONDARY OWNERS No data to display ASSESSMENT DETAILS ■ Complete Items 1, 2, and 3. y $ w o E 1 s' - ■ Print your name and address on the reverse so that we can return the card to you. ' _ APR 2 4 2024 s Attach this card to the back of the mallplece, or on the front if space permits. 1. Miele Addressed to: ►s t . C r rc1'VQS ,. (I'��II'I IIII I'II'IIII�II I�I I�I (�IIIII��fI�I' 9590 9402 0645 3244 4413 19 X If YES, enter delivery address _.... - 39 0710 5270 0017 4054 06 ;red Mail Restricted DWNary 5 Form 3611, July 2020 PSN 7630-02•000.9063 Domesdo ® Complete Items 1, 2, and 3. "• .5 Print your name and address on the reverse so that we can return the card to you. ■ AW ', •s card to the back of the mallplece, B. ;n The front if space permits. ,siticloAddressed to: D. �3t?j OW, cwex fl'v1`T wtie I.,L.Lc— (I-1C? mk%A'i5vb 'PO —Li WC.k.f 2O G Z_' / k @ rives i-t W&S c . C%--1t3kV')6:v a Va st 4 'IIIIIIIII{Illlllllll�lllillllllll�llllllllll 9590 9402 0646 3244 4413 26 2. Article Npintsr tanstgrfiomgeivlce{a..e4, 9589r0110 5270 0017 405'Z4 PS Form 381 T, July 2020 PSN 7630-02-000.9053 No eturn Race 0 Agent ❑ Addrear ate of Deily, ❑ Yes CT No Cl Pretty Mali apresa0 ❑ Registered WWI' d Delivery ❑ Blistered Blistered Mail Ream Delvery 0 ftnaturo Congrtrede Q signature Gonflrinatiu retold pellvent Restricted Delivery Dorgestir, Return AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION RECEIVED APR 2 4 2024 Name of Property Owner Requesting Permit: PliW PAW 6T3 �4 , LLC Mailing Address: 915 514P-41)a{g0 ROAD DCM,- Cs mb"A &z t~Au.S PA 150In Phone Number: S64- ('16 — 5G56 LmailAddress: TmoA /iyAVj .Corr' I certify that I have authorized MIC.Wix W-&ZIt&t)U Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: 42)03 Sao-n,( 6LD ©TLV-rt6id IItt 1 T iZo+AD - Pu6pasf-t) 5i�4k,tX r-Atrtit."t wrvg2eto(r at my property located at in IlAR County. I furthermore certify that l 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 ponnit application. Property Owner Information: /) SiigCn�atture Print or Type Nat -no Title 3 l�A/ Date This certification is valid through I I Revised Mar, 2016 Improvement Permit County of Dare PO Box 669 Manteo NC 27954 RE C I `L_ APR 2 4 2024 ®IsI -EC S3-23710 Phone: (252) 475-5080 DARE COUNTY DEPARTMENT OF PUBLIC HEALTH An Improvement Permit (IP) issued pursuant to this application is not affected by change in ownership provided the site and wastewater characteristics remain unchanged. An IP issued with a plat is valid without expiration. An IP issued with a site plan is valid for 60 months from the date of issuance. Parcel: 027465000 LOT: 15 BLK: 4 SEC:1 Permit: $3-23710 Location: 9303 S OLD OREGON INLET RD — NAGS HEAD Subdivision: HOLLYWOOD BEACH SEC 1 Owner Name: THREE BRADLEY FARMS LLC Permit Date: 02/14/2024 Owner Address: P 0 BOX 6727 Permit Type: WW RESIDENTIAL NEW RALEIGH, NC 27628 Gallons per day: Number of bedrooms: 8 Long term accept rate: Occupancy: 16 Tank type: WaterSuppiy: PUBLIC Tank size: Amount of drain field: 240 Pump tank size: Number of lines: 7 Grease trap size: Trench length (feet): 35 Septic type: Trench width (Inches): 18 Septic code: Trench depth (inches): 12 Distribution: Gravel depth (inches): 12 Distance from building: Rock Under (inches): 6 Distance from water supply: 960 1.00 PRECAST 2000 2000 Type V-D Pre-treatment system RESIDENTIAL LOW PRESSURE PIPE W1 Rock Above (inches): 2 Distance from property line: 10 Bed system dimensions: 21X35 Distance from open water: 50 Design Specifications: -• Permit for 8BR sleeping 16. Install fill pad with dimensions 31X45Xi2" with a 1:3 side slope. Fill pad inspection required prior to septic instillation. Once approved install as designed by Mike Robinson P.E. project number 090120, System must have perpetual contract with certified operator and is subject to annual inspections by Dare County Environmental Health Dept. A start up Inspection is required with REHS, operator and engineer. Note: This Permit Is subject to all provisions of the 15A NCAC 18E rules governing the installation of septic systems. The person making the installation must notify the Health Department when the septic tank system is ready for inspection. If any septic tank system or part thereof is covered before being inspected and approved, it shall be uncovered at the direction of the Health Officer at the expense of the one responsible for making the installation. Issued 02/14/2024 Permit Fee: $ 500. sIgnoture he Environmental Health Specialist Applicant Signature: PAULVKSKO Application Reference# 12880 RECEIVED APR 2 4 2024 ®C;M-EC � 3 yu. E - _-"--' 7w; pie a�Y� a8 ' Y '`� —•�� 2� S •\ � Ids � n,LLCY°' �• '�,� ' . 090120 J Latsko Residence 9303 South Old Oregon Inlet Rd, Nags Head, North Carolina GENERAL NOTES A.- W4. ixi': .. My:is e e zx�'� e LIST OF DRAWINGS BUILDING INFORMATION MATERIALS � vim,. ..m..... SYMBOLS ® ..Q.. O, .«,�..n p ... RECEIVED APR 2 4 2024 DCM- C TOWN OF NAGS HEAD DESIGN GUIDELINES NI LATSKO RESIDENCE 9JPA SauM Old Oregon k�let Road Nags Head, NC TITLE SHEET ISSUED FOR T1.1 APR 2 4 2024 DGM—EC AM- -- IEFFMI LATSKO RESIDENCE 93D3 seem om Omgon Met Rt.d N.g,NeaE.NC Iw �� o. BUILDING PLANS S 9 ISSUED FOR CONSTRUCTIC A)�' , R C I-..* i v�,_ APR 2 4 2024 CM -EC .gym= A, _ BEACON m 9 �� ....�.,�.,..,..,,.w.e1 LATSKO RESIDENCE 99W South old C1e.on Inlet R..d Nags Head,NC at n o. BUILDING PLANS fill ceum 6SUED FOR CONSTRUCTION O 0 e 0 1;ca 3.DnooRPUN Al.2 �a e •� • I®II � I • ;a: • • � 117 ��: IIIII �®� C sl r APR 2 4 2024 DCM-EC BEAC®ON OeCT— LATSKO RESIDENCE 9303 S Old O',.n Nlet Road N., Mead. NC ----------------- BUILDING PLANS o � l i _- o o ,< k r o O q• - ,a �, ems: O 'MT ROOK.I C., �: \ E D APR 2 4 2024 CAM --EC; REE 'NED APR 2 4 2024 ®C-C • • INN I•L11 11�1111 _ m'-willf ll pag "r"11 4IN IIIp'11 APR 1 4 2024 ®C[vl- L— BEACON LATSKO RESIDENCE 9W3 So�M Old IXegon Inlet Road N., Neatl. NO li! EXTERIOR ELEVATIONS Yr�'R' i f+'r CONSTRUCTION • 9 ni et - { Mi 9 i y.t O E%IFRgRf klEVRIpN wa a.. Ee A2.3 RECEIVED APR 2 4 2024 DCM-EC <v° BEACON K L1AIII.f— "' <�.�•, �' , _ -.� `w,•,Poo,,,.«o �£LATSKO RESIDENCE ,emnewsPs O°DINING ?W3 South Old KRCHEN ROOM LIVING Ompa"Ho.d Road rout. ROOM No, X tl. NC o° mw'BO,rol — ' :gyp ssao roP <o�,. ,iu:f s _ 3 : L HALL CL. F BA}N �rocw. e,.wwruraE `> BUILDING :f« ' SECTION i.n •o._ ISSUED FOR u •nf o.<.N.N. CONSTRUCTION M1 GAME ROOM BEDROOM IeeMxufA[nrcEO fnoPnint xO,e 0 pp �9[ M,xEflPUCi•P.LfrK.NEER We I. r ,y, �o• u } AFEW M'DAPP90v.L IPpP1009UEPPq. V n, x.swnoo� ------ CMRON.IE PxpLGP•OEOf,Pi650T suw: _L ,nEEi NMSELOnONG_ IYw q V Pfc. rt000 e[i.rory """'o 77 may; BNLGINGYKipN r A3.1 n oHoow �[cEuo lJ /10o ae QErvo - APR 2 4 2024 DCM-E.c HFAC iL L LATSKO RESIDENCE 9.W3 SouM Old O,egaa WO Road Nags Head, NC SCHEDULES SSUED FOR CONSTRUCTION FlELO MVIt Viu]. e/ ss�.. ;_ A4.1 klRAJIHOUSEDUAlt PARALLU RE,PEVVED APR 2 4 2024 DC -EC �WOSRACIN��FAIL��A. 01C, LATSKO RESIDENCE '=''h Old Nie l I R..d N.Q, He.d, NC FRAMING 21 11111 PLAN ISSUED FOR CONSTRUCTION -- 11 - ..u.'.neaa.r.......... i RECEIVED APR 2 4 2024 oow Iv- W v[�rmreraern«orrwmwvr� C •<r^w •� LAT$KO Huai xeaoex onar R E$ I D ENC E <r"<,<• vws souln oa N. oo meal a xap, xeaa. xc a I�r��r r .ir ar •., wl"I ED il,�ECEIVE 1 11kfiflM1.111 A."i flo m m amb!m 6 0 1 t. 6 1. 1 91 & VVl WARORAIL VBAIL APR 2 4 2024 iDICM-EC LATSKO RESIDENCE 9303 South Old =4 16IR—d ,,, ..d. NC FRAMING PLAN S1.3 RECi--IVED APR 2 4 2024 DC - C BEACON W9W3%fhCld /1trPICA, PORCH ROOF OEina _ IYPICnI ENCLosEO Poacx ROOE pEfnR m p l'J s�.,�i•rs rc.ur .a FRAMING ,•< rr 77 d 9 PLAN S 3 13 STAW ;t t 's IXIRO ROORCEIWG FRAMING PUN S1,4 RECEIVED APR 2 4 2024 CNII-EC RIDGE (1 ROOf FAVFAFFIAF CERWG (\ ROOFUVEAT CATHEDRA. CEILING (\OVERFRAMED ROOF DETAIL AS RMUIRED l'J sc.u{. scuE.%. LATSKO RESIDENCE 9W3] .WOW 0E®an WEEt ROod NEEo Head NC FRAMI NO PUN ISSUED FOR :ONSTRUCTION S1.5 APR 2 4 2024 P CRBA'AflPSi ROOF PIAN � CAB 'NA GP011NO BOOR PUN K �er 43 DD— s° 3 - R�£LATSKO RESIDENCld Omgon Nlet R..d Nags Head NO CABANA PLANS ISSUED FOR CONSTRUCTION S1.6 RECEIVE -ID APR 2 4 2024 DcI-C �,acaii� � Ltt.Town of Nags Head Planning and Development Post Office Box 99 Department Nags Head, North Carolina 27959 www.nagsheadnc gov May 6, 2023 Lois Grieves 16 Burton Ave. Hopewell, NJ 08525 Dear Ms. Grieves Telephone 252-441-7016 MAY 1 0 2024 FAX 252-441-4290 This letter is in response to your correspondence, which was received by The Town of Nags Head on April 10, 2024, regarding your concerns about the proposed development by Paw Paw OBX LLC, at 9303 South Old Oregon Inlet Road, adjacent to Atlantic Ocean AEC, in Dare County. The project consists of New Single Family Dwelling with cabana and pool. The proposed project has been determined to comply with local regulations and the Rules of the Coastal Resources Commission (7H.0306 and 7H .0309), and as such, a permit has been issued to authorize the development, I have enclosed a copy of the permit, as well as, the applicable rules. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal, The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. I have enclosed the applicable forms and instructions that must be fled prior to that deadline. Please contact me at 252-449-6045, if you have any questions, or if I can provide any additional information. Respectfully yours, --- OF ChristopherTrelnbly, CZO Town of Nags Head Planner and CAMA LPO Direct: 252-449-604S www.n gsheadnc,gov chrls.t rem blyy@ n agsh ead nc.gov do cc: Yvonne Carver, Field Representative, DCM Elizabeth City Stacey and Calvin Williams D 1� �� CAMA THIRD PARTY HEARING REQUEST FORM PETITIONER'S NAME RECL t/, DCM FORM S MAY 1 0 2024 DCM FILE No: COUNTY WHERE THE DEVELOPMENT IS PROPOSED PLEASE TAKE NOTE that the undersigned, a person affected by the decision of (check one): a Local Permit Officer acting on a CAMA Minor Development Permit application; or the Division of Coastal Management acting on a CAMA Permit application hereby requests permission from the Coastal Resources Commission (CRC) to file an appeal pursuant to N.C.G.S. § 113A-121.1(b) and 15A N.C.A.C. 07J .0301. (Please attach a copy of the permit. If you cannot obtain a copy of the permit please provide the name of the pernitttee, the project location, and the permit number.) Requests are reviewed and determined by the chairman of the CRC to determine whether a liearing should be granted. 15A N.C.A.C. 07J .0301(b). Approval of a Third Party Hearing Request allows a petitioner to file a contested case petition with the Office of Administrative Hearings within twenty (20) days of receipt of the CRC's Order. N.C.G.S. § 113A-121.1(b). Denial of a Third Party Hearing Request is a final agency decision which may be. appealed to Superior Court under N.C.G.S. § 113A-121.1(b) and Chapter 150B, Article 4. For this application to be complete, the Petitioner must address each of the three factors listed below. The CRC's chairman's decision to grant a hearing will be based on whether the Petitioner: (1) Has alleged that the decision is contrary to a statute or rule [N.C.G.S. § 113A-121.1(b)(1)]; (Please cite the statute or regulation allegedly violated by the permit decision.) (2) Is directly affected by the decision [N.C.G.S. § 113A-121.1(b)(2)]; and (Please describe how you are directly affected by the permit decision. Persons directly affected by a decision often include, but are not limited to, owners of real property in the vicintty of the proposed development who can show that it is likely to have a significant adverse effect on the value and enjoyment of their property, or persons who con demonstrate a history of substantial use of pubhe resources in the area directly affected by the development.) (3) Has alleged facts or made legal arguments that demonstrate that the request for the hearing is not frivolous [N.C.G.S. § 113A-121.1(b)(3)]. (Sunnnarize the evidence and arguments your would present at a hearing in support of your appeal explaining why the permit was improperly issued) Please answer these questions on a separate piece of paper and attach it to this fox -in. The Conunission notes that there are some opinions of the State Bar which indicate that non-attorne rP6P D represent others at quasi judicial proceedings such as this Third Party Hearing Request before the Commission. These opinions note that the practice of non -lawyer professionals, such as engineers, surveyors or conbactMAY 1 0 2024 representing others in quasi-judicial proceedings through ivritten argianent may be considered the practice of Imv. Before you proceed ivith this hearing request, you may wish to seek the advice of counsel before having a � non-lanryer represent your interests through preparation of this Petition. DC 1I a C DELIVERY OF THIS HEARING REQUEST This request must be received by the Division of Coastal Management (DCM) within twenty (20) days of the date of the disputed permit decision. N.C.G.S. § 113A-121,1(b), Failure to do so constitutes waiver of the right to request a hearing. A copy of this request must also be sent to the Attorney General's Office, Environmental Division. 15A N.C.A.C. 07J .0301(b). Contact Information for DCM: Contact Information for Attorney General's Office: By mail, express mail or hand delivery: By U.S, mail: Director Environmental Division Division of Coastal Management 9001 Mail Service Center 400 Commerce Avenue Raleigh, NC 27699-9001. Morehead City, NC 28557 By Fax: (252) 247-3330 By Email: Check DCM website for the email address of the current DCM Director wwnv.necoastolmanagement.net By express mail: Environmental Division 114 W. Edenton Street Raleigh, NC 27603 By Fax: (919)716-6767 Based on the attached responses to the above factors, the undersigned hereby requests a third party hearing. Signature of Petitioner or Attorney Printed Name of Petitioner or Attorney Mailing Address City State Zip Updated: February 2011 Date Email address of Petitioner or Attorney Telephone number of Petitioner or Attorney Fax number of Petitioner or Attorney 15A NCAC 07H .0309 USE STANDARDS FOR OCEAN HAZARD AREAS: EXCEPTIONS MAY ) O ?Q2t, (a) The following types of development shall be permitted seaward of the oceanfront setback requirements of JAY .0306(a) of this Section if all other provisions of this Subchapter and other state and local regulations are met: (1) campsites; (2) driveways and parking areas with clay, packed sand, or gravel; L✓ .t t k.,,, ,s (3) elevated decks not exceeding a footprint of 500 square feet; (4) beach accessways consistent with Rule ,0308(c) of this Section; (5) unenclosed, uninhabitable gazebos with a footprint of 200 square feet or less; (6) uninhabitable, single -story storage sheds with a foundation or floor consisting of wood, clay, packed sand or gravel, and a footprint of 200 square feet or less; (7) temporary amusement stands consistent with Section .1900 of this Subchapter; (8) sand fences; and (9) swimming pools. In all cases, this development shall be permitted only if it is landward of the vegetation line or static vegetation line, whichever is applicable; involves no alteration or removal of primary or frontal dunes which would compromise the integrity of the dune as a protective landform or the dune vegetation; has overwalks to protect any existing dunes; is not essential to the continued existence or use of an associated principal development; is not required to satisfy minimum requirements of local zoning, subdivision or health regulations; and meets all other non -setback requirements of this Subchapter. (b) Where application of the oceanfront setback requirements of Rule .0306(a) of this Section would preclude placement of permanent substantial structm•es on lots existing as of June 1, 1979, buildings shall be permitted seaward of the applicable setback line in ocean erodible areas and Stale Ports Inlet Management Areas, but not inlet hazard areas or unvegetated beach areas, if each of the following conditions are met: (1) The development is set back from the ocean the maximum feasible distance possible on the existing lot and the development is designed to minimize encroachment into the setback area; (2) The development is at least 60 feet landward of the vegetation line or static vegetation line, whichever is applicable; (3) The development is not located on or in front of a frontal dune, but is entirely behind the landward toe of the frontal dune; (4) The development incorporates each of the following design standards, which are in addition to those required by Rule .0308(d) of this Section. (A) All pilings shall have a tip penetration that extends to at least four feet below mean sea level; (B) The footprint of the structure shall be no more than 1,000 square feet, and the total floor area of the structure shall be no more than 2,000 square feet. For the purpose of this ' Section, root -covered decks and porches that are structurally attached shall be included in the calculation of footprint; (C) Driveways and parking areas shall be constructed of clay, packed sand or gravel except in those cases where the development does not abut the ocean and is located landward of a paved public street or highway currently in use. In those cases concrete, asphalt, or turfstone may also be used; (D) No portion of a building's total floor area, including elevated portions that are cantilevered, knee braced or otherwise extended beyond the support of pilings or footings, may extend oceanward of file total floor area of the landward -most adjacent building, When the geometry or orientation of a lot precludes the placement of a building in line with the landward most adjacent structure of similar use, an average line of construction shall be determined by the Division of Coastal Management on a case -by - case basis in order to determine an ocean hazard setback that is landward of the vegetation line, static vegetation line or measurement line, whichever is applicable, a distance no less then 60 feet. (5) All other provisions of this Subchapter and other state and local regulations are met, If the development is to be serviced by an on -site waste disposal system, a copy of a valid permit for such a system shall be submitted as part of the CAMA permit application. (c) The following types of water dependent development shall be permitted seaward of the oceanfront setback requirements of Rule .0306(a) of this Section if all other provisions of this Subchapter and other state and local regulations are met: (1) piers providing public access; and 1 0 2024 (2) maintenance and replacement of existing state-owned bridges, and causeways and accesswaysMAY such bridges. (d) Replacement or construction of a pier house associated with an ocean pier shall be permitted if each o th�` following conditions is met: bt NJi _ E C, (1) The ocean pier provides public access for fishing and other recreational purposes whether on a commercial, public, or nonprofit basis; (2) Commercial, non -water dependent uses of the ocean pier and associated pier house shall be limited to restaurants and retail services. Residential uses, lodging, and parking areas shall be prohibited; (3) The pier house shall be limited to a maximum of two stories; (4) A new pier house shall not exceed a footprint of 5,000 square feet and shall be located landward of mean high water; (5) A replacement pier house may be rebuilt not to exceed its most recent footprint or a footprint of 5,000 square feet, whichever is larger; (6) The pier house shall be rebuilt to comply with all other provisions of this Subchapter, and (7) If the pier has been destroyed or rendered unusable, replacement or expansion of the associated pier house shall be permitted only if the pier is being replaced and returned to its original function. (a) In addition to the development authorized under Paragraph (d) of this Rude, small scale, norr-essential development that does not induce further growth in the Ocean Hazard Area, such as the construction of single family piers and small scale erosion control measures that do not interfere with natural oceanfront processes, shall be permitted on those non -oceanfront portions of shoreline that exhibit features characteristic of an Estuarine Shoreline. Such features include the presence of wetland vegetation, and lower wave energy and erosion rates than in the adjoining Ocean Erodible Area, Such development shall be permitted under the standards set out in Rule .0208 of this Subchapter. For the purpose of this Rule, small scale is defined as those projects which are eligible for authorization under 15A NCAC 07H .1100, .1200 and 15A NCAC 07K .0203. (f) Transmission lines necessary to transmit electricity from an offshore energy -producing facility may be permitted provided that each of the following conditions is met: (1) The transmission lines are buried under the ocean beach, nearshore area, and primary and frontal dunes, all as defined in Rule .0305 of this Section, in such a manner so as to ensure that the placement of the transmission lines involves no alteration or removal of the primary or frontal dunes; and (2) The design and placement of the transmission lines shall be performed in a manner so as not to endanger the public or the public's use of the beach. (g) Existing stormwater outfalls as of the last amended date of this rule within the Ocean Hazard AEC that are owned or maintained by a State agency or local government, may be extended oceanward subject to the provisions contained within 15A NCAC 07J .0200. Outfalls may be extended below mean low water and may be maintained in accordance with 15A NCAC 07K .0103. Shortening or lengthening of ourtfall structures within the authorized dimensions, in response to changes in beach width, is considered maintenance under 15A NCAC 07K .0103. Outfall extensions may be marked with signage and shall not prevent pedestrian or vehicular access along the beach. This Paragraph does not apply to existing stormwater outfalls that are not owned or maintained by a State agency or local government. HislayNote: - Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(6)a; 113A-113(b)(6)b; 113A-113(b)(6)d; 113A-124; Eff. Februeuy 2, 1981; Amended Eff. April 1, 2020; ✓rare 1, 2010; February 1, 2006; September 17, 2002 pursuant to S.L. 2002-116; August 1, 2000; August 1, 1998, April 1, 1996; April 1, 1995; Febrimry 1, 1993; January 1, 1991; April 1, 1987; Readopted Fff. December 1, 2020. 15A NCAC 07H .0306 GENERAL USE STANDARDS FOR OCEAN HAZARD AREAS MAY 1 0 2024 (a) In order to protect life and property, all development not otherwise specifically exempted or allowed by law or elsewhere in the Coastal Resources Commission's rules shall be located according to whichever of the following i� g•� g applicable: &./ C All ' iH C (1) The ocean hazard setback for development shall be measured in a landward direction from the vegetation line, the pre -project vegetation line, or the measurement line, whichever is applicable. (2) The ocean hazard setback shall be determined by both the size of development and the shoreline long term erosion rate as defined in Rule .0304 of this Section. "Development size" is defined by total floor area for structures and buildings or total area of footprint for development other than structures and buildings, Total floor area includes the following: (A) The total square footage of heated or air-conditioned living space; (B) The total square footage of parking elevated above ground level; and (C) The total square footage of non -heated or non -air-conditioned areas elevated above ground level, excluding attic space that is not designed to be load -bearing. Decks, roof -covered porches, and walkways shall not be included in the total floor area unless they are enclosed with material other than screen mesh or are being converted into an enclosed space with material other than screen mesh. (3) With the exception of those types of development defined in 15A NCAC 07H .0309(a), no development, including any portion of a building or structure, shall extend oceanward of the ocean hazard setback. This includes roof overhangs and elevated structural components that are cantilevered, knee braced, or otherwise extended beyond the support of pilings or footings. The ocean hazard setback shall be established based on the following criteria: (A) A building or other structure less than 5,000 square feet requires a minimum setback of 60 feet or 30 times the shoreline erosion rate, whichever is greater; (B) A building or other structure greater than or equal to 5,000 square feet but less than 10,000 square feet requires a minimum setback of 120 feet or 60 times the shoreline erosion rate, whichever is greater; (C) A building or other structure greater than or equal to 10,000 square feet but less then 20,000 square feet requires a minimum setback of 130 feet or 65 times the shoreline erosion rate, whichever is greater; (D) A building or other structure greater than or equal to 20,000 square feet but less than 40,000 square feet requires a minimum setback of 140 feet or 70 times the shoreline erosion rate, whichever is greater; (E) A building or other structure greater than or equal to 40,000 square feet but less than 60,000 square feet requires a minimum setback of 150 feet or 75 times the shoreline erosion rate, whichever is greater; (F) A building or other structure greater than or equal to 60,000 square feet but less than 80,000 square feet requires a minimum setback of 160 feet or 80 times the shoreline erosion rate, whichever is greater; (0) A building or other structure greater than or equal to 80,000 square feet but less than 100,000 square feet requires a minimum setback of 170 feet or 85 times the shoreline erosion rate, whichever is greater; (H) A building or other structure greater than or equal to 100,000 square feet requires a minimum setback of 180 feel or 90 times the shoreline erosion rate, whichever is greater; (I) Infrastructure that is linear in nature, such as roads, bridges, pedestrian access such as boardwalks and sidewalks, and utilities providing for the transmission of electricity, water, telephone, cable television, data, storm water, and sewer requires a minimum setback of 60 feet or 30 times the shoreline erosion rate, whichever is greater; (J) Parking lots greater than or equal to 5,000 square feet require a setback of 120 feel or 60 times the shoreline erosion rate, whichever is greater; (K) Notwithstanding any other setback requirement of this Subparagraph, construction of a new building or other structure greater than or equal to 5,000 square feet in a community with an unexpired static line exception or Beach Management Plan approved by the Commission in accordance with 1SA NCAC 07J .1200 requires a minimum setback of 120 feet or 60 times the shoreline erosion rate in place at the time of permit issuance, whichever is greater. The setback shall be measured landward from either thMAigdiX24 line or measurement line, whichever is farthest landward; and (L) Notwithstanding any other setback requirement of this Subparagraph, re lacement pf structure with a total floor area no greater than 10,000 square feet sh l alkiWe4— provided that the structure meets the following criteria: (i) the structure is in a community with an unexpired static line exception, Beach Management Plan approved by the Commission, or was originally constructed prior to August 11, 2009; (ii) the structure as replaced does not exceed the original footprint or square footage; (iii) it is not possible for the structure to be rebuilt in a location that meets the ocean hazard setback criteria required under Subparagraph (a)(5) of this Rule; (iv) the structure as replaced meets the minimum setback required under Part (a)(5)(A) of this Rule; a minimum setback of 60 feet or 30 times the shoreline erosion rate, whichever is greater; and (v) the structure is rebuilt as far landward on the lot as feasible. (4) If a primary dune exists in the AEC, on or landward of the lot where the development is proposed, the development shall be landward of the applicable ocean hazard setback and the crest of the primary dune. For existing lots where setting the development landward of the crest of the primary dune would preclude any practical use of the lot, development may be located oceanward of the primary dune. In such cases, the development may be located landward of the ocean hazard setback, and shall not be located on or oceanward of a frontal dune. For the purposes of this Rule, "existing lots" shall mean a lot or tract of land that, as of dune 1, 1979, is specifically described in a recorded plat and cannot be enlarged by combining the lot or tract of land with a contiguous lot or tract of land under the same ownership. (5) If no prhnary dune exists, but a frontal dune does exist in the AEC on or landward of the lot where the development is proposed, the development shall be set landward of the frontal dune or ocean hazard setback, whichever is farthest fiom the vegetation line, pre -project vegetation line, or measurement line, whichever is applicable. (6) Structural additions or increases in the footprint or total floor area of a building or structure represent expansions to the total floor area and shall meet the setback requirements established in this Rule and 15A NCAC 07H .0309(a). New development landward of the applicable setback may be cosmetically but not be structurally attached to an existing structure that does not conform with current setback requirements. (7) Established common law and statutory public rights of access to and use of public oust lands slid waters in ocean hazard areas shall not be eliminated or restricted, nor shall such development increase the risk of damage to public trust areas. Development shall not encroach upon public accessways, nor shall it limit the intended use of the accessways. (8) Development setbacks in areas that have received large-scale beach fill as defined in 15A NCAC 07H .0305 shall be measured landward from the pre -project vegetation line as defined in this Section, unless an unexpired static line exception or Beach Management Plan approved by the Commission has been approved for the local jurisdiction by the Coastal Resources Commission in accordance with 15A NCAC 07J .1200. (9) A local government, group of local governments involved in a regional beach full project, or qualified "owners' association" as defined in G.S. 47F-1-103(3) that has the authority to approve the locations of structures on lots within the territorial jurisdiction of the association slid has jurisdiction over at least one mile of ocean shoreline, may petition the Coastal Resources Commission for approval of a "Beach Management Plan" in accordance with 15A NCAC 07J .1200. If the request for a Beach Management Plan is approved, the Coastal Resources Commission shall allow development setbacks to be measured from a vegetation line that is oceanward of the pre -project vegetation line trader the following conditions: (A) Development meets all setback requirements from the vegetation line defined in Subparagraphs (a)(1) and (a)(3) of this Rule, (B) Development setbacks shall be calculated from the shoreline erosion rate in place at the time of permit issuance; (C) No portion of a building or structure, including roof overhangs and elevated potions that are cantilevered, knee braced, or otherwise extended beyond the support of pilings or FRUC`'.°EI MAY 10 2024 footings, extends oceanward of the landward -most adjacent habitable building or �'`�-� structure, The aligrmtent shall be measured from the most oceanward point of the D C A kI J .v c adjacent building or structure's roof line, including roofed decks, if applicable. An d"r l✓ "adjacent" property is one that shares a boundary line with the site of the proposed development. When no adjacent buildings or structures exist, or the configuration of a lot, street, or shoreline precludes the placement of a building or structure in line with the landward -most adjacent building or structure, an average line of construction shall be determined by the Director of the Division of Coastal Management based on an approximation of the average seaward -most positions of the rooflines of adjacent structures along the same shoreline, extending 500 feet in either direction. if no structures exist within this distance, the proposed structure must meet the applicable setback from the Vegetation Line and will not be held to the landward -most adjacent structure or an average line of structures. (D) With the exception of swimming pools, the exceptions defined in Rule .0309(a) of this Section shall be allowed oceanward of the pre -project vegetation line. (b) Development shall not cause irreversible damage to historic architectural or archaeological resources as documented by the local historic commission, the North Carolina Department of Natural and Cultural Resources, or the National Historical Registry. (c) Mobile homes shall not be placed within the high hazard flood area unless they are within mobile home parks existing as of June 1, 1979. (d) Development proposals shall incorporate measures to avoid or minimize adverse impacts of the project. These measures shall be implemented at the applicant's expense and may include actions that: (1) minimize or avoid adverse impacts by limiting the magnitude or degree of the action; (2) restore the affected environment; or (3) compensate for the adverse impacts by replacing or providing substitute resources, (e) Prim' to the issuance of any permit for development in the ocean hazard AECs, there shall be a written acknowledgment from the applicant to the Division of Coastal Management that tite applicant is aware of the risks associated with development in this hazardous area and the limited suitability of this area for permanent structures. The acknowledgement shall state that the Coastal Resources Commission does not guarantee the safety of the development and assumes no liability for future damage to the development, (f) The relocation or elevation of structures shall require permit approval. (1) Structures relocated landward with public Rinds shall comply with the applicable ocean hazard setbacks and other applicable AEC rules. (2) Structures relocated landward entirely with non-public fiords that do not meet current applicable ocean hazard setbacks may be relocated the maximum feasible distance landward of its present location. Septic tanks shall not be relocated oceanward of the primary structure. (3) Existing structures shall not be elevated if any portion of the structure is located seaward of the vegetation line. (g) Permits shall include the condition that any structure shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration as defined in 15A NCAC 07H .0308(a)(2)(B). Any such structure shall be relocated or dismantled within eight years of the time when it becomes imminently threatened, and in any case upon its collapse or subsidence. However, if natural shoreline recovery or beach fill takes place within eight years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or dismantled. This permit condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed pursuant to 15A NCAC 07H .0308(a)(2). History Note: Authority G.S. 113A-107; 113A-113(b)(6); 113A424; Eff. September 9, 1977; Amended Eff. December 1, 1991; ,March 1, 1988; September 1, 1986; December 1, 1985 RRC Objection due to ambiguity Eff, Jnanary 24, 1992; Amended Eff. March 1, 1992; RRC Objection due to ambiguity Eff. May 21, 1992; Amended Eft Februmy 1, 1993; October 1, 1992; June 19, 1992; RRC Objection due to arnbiguily Efj: May 18, 1995; Amended Eff. August 11, 2009, April 1, 2007; November 1, 2004, June 27, 1995; �"' E TemporaiyAmendment F.ff. January 3, 2013; RED Amended Eff. 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