05-24 SS - Lancsek, Michael

00'11 t 3PvS
�ioutnem tsnores
Local Govemment
CAMA
MINOR DEVELOPMENT
PERMIT
11044 bJ
Permit Number
RECEIVED
JUL 1 6 2024
as authorized by the State of North Carolina, Department of Environment
and Natural Resources and the Coastal Resources CommWlon for development ®L! — (�
In an area of environment concern pursuant to Section 113A•118 0f the i
General Statutes, "Coastal Area Management'
Issued to Michael 1 1:1 I , authorizing development in the Estuarine Shoreline (AEC) at 93 Poteskeet Trl., in Southern
Shores, as requested in the permittee's application, dated June 18, 2024, and received on June 20, 2024. This permit,
issued on July 26, 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:100 square feel of freestanding decking Inside the 30 ft. buffer.
(1) All proposed development and associated Construction must be done inaarordancewiththe permitted work plat drawings(s)
dated received on November 16, 2023. [GS 113A420]
(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 reevaluation 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 252-261.2394 for a final inspection at
Completion of work. [GS 113A-1201
(Additional Permit Conditions on Page 2)
This Permit action may be appealed by the perntlee or other quallied persons
within twenly(20) days of the Issuing date. This permit must be on the prged site
and accessible to the permit officer when the pro)ect Is Inspected for compllar".
Any maintenance work or prolad modificatbn not covered under this permit,
require fu lim written permit approval. All work must cease when this permit Wes askett, LPO
expires on: DECEMBER 31,2027
5375 N. Virginia Dare Trail
In Issuing this permit It Is agreed that this P101W Is consistent with the local land S� (1 27949 Use Plan and all eppkable ordinances. This permit may not be transferred to t m
'mother party w�Novtft%ftten approval ofthe Division of Coastal Management. /
Check p 763681n ft amount of $100. was received on w2M for Ne Permit
fee. PERMITTEE
(Signature required If conditions above apply to permit)

rage,(
(5) Pursuant to 16A NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold, or otherwise
disposed of to a third -party. [GS 113A•120] JUL 2 6 2
(6) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective
sedimentation and erosion control measures. Prior to any land -disturbing activities, a barrier line of filter cloth must
be installed between the land disturbing activity and the adjacent marsh or water areas, until such tim 9 lea
has been properly stabilized with a vegetative cover. [07H .0209(d)(3)]
(7) All development shall provide for a buffer zone along the margin of the Estuarine Water which is sufficient
to confine visible siltation within 25 percent of the buffer zone nearest the land disturbing development.
[07H .0209(d)(3)(A)]
(8) All graded and filled slopes shall be of a sufficient angle to retain a vegetative cover or other erosion control
device or structure. [07H .0209(d)(3)(B)]
(9) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by
effective sedimentation and erosion control measures. Sedimentation and erosion control measures shall
be property maintained throughout the construction period. (07H .0209(d)(3)]
(10)Any proposed for grading within the 30' buffer from the normal high water level must be contoured to
prevent additional slormwater runoff to the adjacent Estuarine and Public Trust Waters. This area shall be
immediately vegetatively stabilized and must remain in a vegetated state. (07H .0209(d)(3)]
SIGNATURE; DATE: r 14 Ail _
PERMITTEE
�F

I
re-
2
Y
V
.�o
RECEIVED
8��>S
gf
JUL262624
c7 ap8
�%� -E76...
�GLJIV1`
8R <<a
4.✓
E.
11

+y dyy.
al G PhA
Adjacent Property OwnerI
�? 7-7 N Lrnn in 1 V
M ul�Addr , M /. 2 7 r( y_
City, State, Zip Code
Receipts for
Certified Mail
(Staple Here)
Dear Adjacent Property, II v
This letter is to inform you that I. N rC n a P � � M r F e,1 have applied for a CAMA Minor
Property Owner
Permit on my property at QAAes i�ea T (; in COUNTY
Property Ad dress
County. As required by CAMA regulations, I have enclosed a copy of my permit application and project
drawings) as notification of my proposed project. No action is required from you or you may sign and return
the enclosed no objection form. If you have any questions or comments about my proposed project, please
contact me at ZSZ- 207-0305- ,or by mail at the address listed below. lfyouwishto
ApplicanPs Telephone
file written comments or objections with the LOCAL GOVERNMENT CAMA Minor Permit Program, you may submit
them to:
WES HASKETT
Local Permit Officer for TOWN OF SOUTHERN SHORES
5375 N. VIRGINIA DARE TRAIL
SOUTHERN SHORES, NG 27949
Sincerely,
Property Owner
q3 p 1 c� KKK + —Fr-
Mailing Address
P i 4 ✓ I1M,i . nl, Z,74Ny
City, Slafe, Zip Code
JUL262024

Receipts for
Certified Mail
(Staple Here)
ate
' I .p 7 —
a�e
Adjacent Pr >! ar((yy Uvnner
�5 �n•fP[� +--Tr�
Maltingqddress
� Ci �rP IV( 2794 j
City, State, Zip Code
REC.;;E 61./�= r
Dear Adjacent Property:
This letter is to inform you (hat I, M I C e' (� ni CP have applied for a CAMA Minor
Property Owner
Permit on my property al I 3 Pal,e.- 'T Tr -a r l in COUNTY
Property Address
County. As required by CAMA regulations, I have enclosed a copy of my permit application and project
drawing(s) as notification of my proposed project. No action is required from you or you may sign and return
(he enclosed no objection form. II you have any questions or comments about my proposed project, please
contact meat_LY-207-63OS orby mail at the address listed below. Ifyouwishto
Applicant's Telephone
JUL 262024
DCM-Ec
file written comments or objections with the LOCAL GOVERNMENT CAMA Minor Permit Program, you may submit
(hem to:
WES HASKETT
Local Permit Officer for TOWN OF SOUTHERN SHORES
5375 N. VIRGINIA DARE TRAIL
SOUTHERN SHORES, NC 27949
Sincerely,
Property Ov)ner
q3 W-CSY- A—IFa I
Mailing Address
PAAJ Uz,ik, 7-7gq-7
City, State; Zip Code

1.JS A OOELLE,CERTIIYTNAI TNSPUI WMS Yilt LMOER MY
SWERMSI(Y4 FROM AN ACh SUR\SY MAOEIMOFR MY MU AAVW.
Tf
C'N
SE wNOT BVM£Y�FDFAPE AS dUWTMi
B<AI>,O CIEWLSY W01G{EO
MIgUJA1NklEIXRAM]NE REFERENCE95NOYM IIEPEQV, i1NI THE
p�SN A
�,
t•'I)P65S/0+
MPMEPRECISNNAMCENT14iEO1S110.NC..TRATTN6P1AfWAM
PPfPARfONACCOROOICE WMM09 [)36ASMJEMIED
@ y•
.a
TX10I•TNAT THE 6uRYEv i$Of ANEI(ISTMD PMCEIOfIMU.
r 90 T,
{O:
W111:f54Wl1RAyN45GNAlWE. RE0491MTIdA14U0eEP
A40 SEN TN45 MM OAY Of ARV, MTO
J�s�N
A, M�'t�yy4
• `G"--
DATUM M
JASON L FII F. PtS LASv
HORRWY
VERTICAI
NOTES
1 Nl d3fAAICE5 y10WM APE HdiOONTAL fiRWNOdSTANCE9.
> TN'3 MiOPER1Y It IOrATEDM fLC00 EDNES'%', SNAOFOIC. t'AFI['YAS SNryhN ON fFAN MAP
PANEL S)ta3M61pYt OATEO JUNf 19 NIMANO 6U6rtCI TO duNOE DYfEMA
I ITNERE ARE AIO NO S MONUMENi51W11W 5.600'Of THIS 6RF
6300
\ GOACN�AINVK N7
RiJ'76'60
1 A16 i, P0.6
a/
•••+•SOS / FORM60AROS
°Y FLODOZONE FOR CONCRETE
fL00020NE
,
o a 1, SIMOEUr.
p p
\* o p \\ FLOOOZONEW
CIWACrEO
\\\o o \ GRAVEL
\\\\ HVAC 411
\�$�a°�so0,
6
0o
1
N67'3979'E a i EX)SONG
26r p o \ DIKUM
I6 OG FF-11W
p\V�mau \\
BUM1OIrp SEIPACNS
\� -I,•i ° \\
25'FROW (20N/NG)
O ° OCT \ T6
TR
IS'SIOE f20NWO/
�O
J REAR (CAMS/
Am1m MLOr COVERACE-3w
a o \
0 o
M4YIMU)W8UILDMW4Hb J5'
R\ 8 qo \\ WWI!
EXISTNHJCOVERAGE 6.EJ6SF-1637Y.
R\ Qp "Ao \ 32191SF(nAT/
71 7M o o\ \\ n.SWOYEr
LEGEND
€€€ram o
�Wd07Np
\a
0p as \\'
EfGIMJGpI.RFIEIp.A1Ak"M
� \f C
NAGNETK'NAN
� �. �
ao
6Ei/RONR00 (SM)
0
• w O
CALCULArEOFO1Nr
Q O 0 o 913.16'6ajL
PRORERlYeOUNOMY
575'I0YIW CHA
AOJJ4N/%KKLA/YfIIFS —
_ _ _ _ O\
PRDPCRIYIIES
RASWOf-WAY
OUILOWOSC70ACK —
,WCAMASfr6ACX-------------
BUNHEAO -0000000000000
AlFROFAN/F ICBOr BNA' —
—
FF94FL000ZM/E o 0
0 0 0 0 a o a 0 0
M6 r. pa
w
41
H
CL
WRREPONDCT,
14 s"
TOMANO NAIL
H 613.fFZ.J6sFT
E 1,g3SJ1J 16sFT
ELEV. 62T
�F!
J9.29
CVAw IAatt
CUHYE
RA01W
l<NOfN
IAAYIfNr
OLIIA
GMMDDEMWO
GNOHD
CI
]N 63•
101.11'
I",
Is'SIN'
S]'YO'E
to .0
GF
699,E
UIOP
b6M'
S'JJ'W
s1WldlY
1,6w
AS BUILT SURVEY FOR
SCALE)•=a0' MICHAEL LANCSEK & DIANE KLEMENTOWICH
—���R, BEING LOT 434, CHICAHAUK, M.B, 7, PG. 6
rs ImAxu+. IYUHAu n Da D Ih Judy
MOAN III tIIY al ll(1 NH YtIW MVIIN4LUbKR W[S
WAi PI rin 11,1 IF 14"'1"11" ShCLf_1 DI
/1 AIL .... / ItN
Drewn byr
•'
TIMMONS GROUP .•�'-.
ECEIVED
JUL 2 6 2U24
®CI VI —EC

X IqZ" C�'X Ib
2X$ PT Pai�i,rw, I� OC�ai
5/lx� �I� k// oII
(�O
W
► I ICI
N 'N m gl 8g . MM RECEIVED
Ol NL JUL 2 6 2624
6Z°�ZN ,O p • oN�B �o o° o 0
„VZ � p ' p% o DCM EC
o p
p
J � �
� m
r
rn
0
91
-'£��
r
o��

RECEIVED
ss Town of Southern Shores
O
N 5375 N. Virginia Dare Trait, Southern Shores, NC 27949
l Phone [phone]•/ Pax 252-255-0876
, 1\ wn info((bsouthernsltores-ne.gov
T�
WW W.southerushores-nc.gov
Cq BouNP
July 26, 2024
David Needham, CPOA Board Member and Chair of the Architectural Committee
Chicahauk Property Owners Association
5377 N. Virginia Dare Trl,
Southern Shores, NC 27949
Dear Mr. Needham:
This letter is in response to your correspondence, which was received by the Town of Southern
Shores on July 15, 2024, regarding your concerns about the proposed development by Michael
Lancsek, at 93 Poteskeet Trl., adjacent to a canal, in the Town of Southern Shores. The project
consists of 100 sq. it, of freestanding deck. The proposed project has been determined to comply
with local regulations and the Rules of the Coastal Resources Commission (15A NCAC 07H
.0209(d)(10)(0), and as such, a permit has been issued to authorize the development.
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 filed prior to that deadline. Please contact me at [phone], If you
have any questions, or if I can provide any additional information.
Respectfu
Wes Haskell, LPO
Town of Southern Shores
5375 N. Virginia Dare Tri,
Southern Shores, NC 27949
cc: Ron Renaldi
District Manager, Northeastern District
NC Division of Coastal Management
J U L 2 6 2024
i)CM-EC

Wes Haskett It E D
From: Dave Needham <gmgmedical@gmaiI,com>
Sent: Monday, July 15, 2024 11:17 AM J U L 2 6 2024
To: Wes Haskett
Subject: CAMA request for 93 Poteskeet
(. CM -EC
Good Morning Wes,
CPOA is in receipt of the CAMA Adjacent Riparian Property Owner Statement for CAMA Minor Permits.
The property owner sent only the CAMA required information and did not file a proper ARB request. In
particular, there is no information as to the planned use for the structures or their height.
Thus, until our ARB process has been completed and approval granted we object to the CAMA proposal.
If you could please confirm receipt of this email I would appreciate it.
Thank you,
Dave Needham
CPOA Board Member and Chair of the Architectural Committee
Mobile [phone]
gmgnlPdils_al m i . 9m
This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this
email as spam.

RECEIVED
CAMA THIRD PARTY DCM FORM 5 1 U L 2 6 2024
HEARING REQUEST FORM DCM FILE No:
DCM-EC
PETITIONER'S NAME
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. § 113A421.1(b) and 15A N.C.A.C. 07J .0301. (Please attach a copy of the permit Ifyou
cannot obtain a copy of the permit, please provide the name of the permittee, the project location, and
the permit number.) Requests are reviewed and determined by the chairman of the CRC to determine
whether a hearing 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.&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)1; and
(Please describe horn you are directly affected by the permit decision. Persons directly
affected by a decision often include, but are not limited to, owners ofreal property in the
vicinity of the proposed development who can show that it is likely to have a significant
aah)erse effect on the value and enjoyment of their propertj; or persons who can
demonstrate a history of substantial use ofpablic 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)]. (Sunanarize the evidence and
arguments you 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 form.

The Commission notes that there are some opinions of the State Bar which indicate that non -attorneys nup, not
represent others at quasi-judicial proceedings such as this Third Paro, Hearing Request before the Commission.
These opinions note that the practice of non-Imvyer professionals, such as engineers, surveyors or contractors,
representing others in quasi-judicial proceedings through ivritten argument nray be considered the practice of
lmv. Before you proceed with this (rearing request, you nrtp+ wish to seek the advice of counsel before having a
non-Imvyer represent your interests through preparation ofthis Petition.
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, Enviromuental Division. 15A N.C.A.C. 07J .0301(b).
Contact Information for DCM: Contact Information for Attomev General's Office:
By mail, express mail or hand delivery: By U.S. mail:
Director Enviromnental Division
Division of Coastal Management 9001 Mail Service Center RECEIVED
t \ /
400 Commerce Avenue Raleigh, NC 27699-9001 E 1 1 ! v
Morehead City, NC 28557
By Fax:
[phone]
By Email:
Check DCM website for the email
address of the current DCM Director
www. n cc o a s t a l m an a gem e n t. n e t
By express mail:
Environmental Division
114 W. Edenton Street
Raleigh, NC 27603
By Fax:
[phone]
J U L 2 6 2024
DCM-EC
C
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
Mailing Address
City
Updated: February 2011
Date
Email address of Petitioner or Attorney
Telephone number of Petitioner or Attorney
Zip Fax number of Petitioner or Attorney

RECEIVE®
J 0 L 2 6 2024
15A NCAC 07H .0209 COASTAL SHORELINES ''`�
(a) Description. The Coastal Shorelines category includes estuarine shorelines and public trust shorelines. D C M— E G
(1) Estuarine shorelines AEC are those non -ocean shorelines extending from the normal high water
level or normal water level along the estuarine waters, estuaries, sounds, bays, fresh and brackish
waters, and public trust areas as set forth in an agreement adopted by the Wildlife Resources
Commission and the Department of Environmental Quality [described in Rule .0206(a) of this
Section] for a distance of 75 feet landward. For those estuarine shorelines immediately contiguous
to waters classified as Outstanding Resource Waters (ORW) by the Environmental Management
Commission (EMC), the estuarine shoreline AEC shall extend to 575 feel landward from the
normal high water level or normal water level, unless the Coastal Resources Commission
establishes the boundary at a greater or lesser extent following required public hearing(s) within
the affected county or counties.
(2) Public trust shorelines AEC are those non -ocean shorelines immediately contiguous to public trust
areas, as defined in Rule 07H .0207(a) of this Section, located inland of the dividing line between
coastal fishing waters and inland fishing waters as set forth in that agreement and extending 30
feet landward of the normal high water level or normal water level.
(b) Significance. Development within coastal shorelines influences the quality of estuarine and ocean life and is
subject to the damaging processes of shore front erosion and flooding. The coastal shorelines and wetlands
contained within them serve as barriers against flood damage and control erosion between the estuary and the
uplands. Coastal shorelines are the intersection of the upland and aquatic elements of the estuarine and ocean
system, often integrating influences from both the land and the sea in wetland areas. Some of these wetlands are
among the most productive natural environments of North Carolina and they support the functions of and habitat for
many valuable commercial and sport fisheries of the coastal area. Many land -based activities influence the quality
and productivity of estuarine waters. Some important features of the coastal shoreline include wetlands, flood plains,
bluff shorelines, mud and sand flats, forested shorelines and other important habitat areas for fish and wildlife.
(c) Management Objective. All shoreline development shall be compatible with the dynamic nature of coastal
shorelines as well as the values and the management objectives of the estuarine and ocean system. Other objectives
are to conserve and manage the important natural features of the estuarine and ocean system so as to safeguard and
Perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management system
capable of conserving and utilizing these shorelines so as to maximize their benefits to the estuarine and ocean
system and the people of North Carolina.
(d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of
this Rule. These uses shall be limited to those types of development activities that will not be detrimental to the
public trust rights and the biological and physical finetions of the estuarine and ocean system. Every effort shall be
made by the permit applicant to avoid or minimize adverse impacts of development to estuarine and coastal systems
through the planning and design of the development project. Development shall comply with the following
standards:
(1) All development projects, proposals, and designs shall preserve natural barriers to erosion,
including peat marshland, resistant clay shorelines, and cypress -gum protective fringe areas
adjacent to vulnerable shorelines.
(2) All development projects, proposals, and designs shall limit the construction of impervious
surfaces and areas not allowing natural drainage to only so much as is necessary to service the
primary purpose or use for which the lot is to be developed. Impervious surfaces shall not exceed
30 percent of the AEC area of the lot, unless the applicant can demonstrate, through innovative
design, that the protection provided by the design would be equal to or exceed the protection by
the 30 percent limitation. Redevelopment of areas exceeding the 30 percent impervious surface
limitation shall be permitted if impervious areas are not increased and the applicant designs the
project to comply with the rule to the maximum extent feasible.
(3) All development projects, proposals, and designs shall comply with the following mandatory
standards of the North Carolina Sedimentation Pollution Control Act of 1973:
(A) All development projects, proposals, and designs shall provide for a buffer zone along the
margin of the estuarine water that is sufficient to confine visible siltation within 25
percent of the buffer zone nearest the land disturbing development.
(B) No development project proposal or design shall propose an angle for graded slopes or
fill that is greater than an angle that can be retained by vegetative cover or other
erosion -control devices or structures.

REC EIVEL
(C) All development projects, proposals, and designs that involve uncovering more than JU 2 6 2U24
acre of land shall plant a ground cover sufficient to restrain erosion within 30 working
days of completion of the grading; unless the project involves clearing land for the
purpose of forming a reservoir later to be inundated. f i M -C
(4) Development shall not have a significant adverse impact on estuarine and ocean resQcQ
Significant adverse impacts include development that would directly or indirectly impair water
quality increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation
(SAV), deposit spoils waterward of normal water level or normal high water, or cause degradation
of shellfish beds.
(5) Development shall not interfere with existing public rights of access to, or use of, navigable waters
or public resources.
(6) No public facility shall be permitted if such a facility is likely to require public expenditures for
maintenance and continued use, unless it can be shown that the public purpose served by the
facility outweighs the required public expenditures for construction, maintenance, and continued
use.
(7) Development shall not cause irreversible damage to valuable, historic architectural or
archaeological resources as documented by the local historic commission or the North Carolina
Department of Natural and Cultural Resources.
(8) Established common-law and statutory public rights of access to the public trust lands and waters
in estuarine areas shall not be eliminated or restricted. Development shall not encroach upon
public accessways nor shall it limit the use of the accessways.
(9) Within the AECs for shorelines contiguous to waters classified as ORW by the EMC, no CAMA
permit shall be approved for any project that would be inconsistent with rules adopted by the
CRC, EMC or MFC for estuarine waters, public trust areas, or coastal wetlands. For development
activities not covered by specific use standards, no permit shall be issued if the activity would,
based on site -specific information, degrade the water quality or outstanding resource values.
(10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new
development shall be located a distance of 30 feet landward of the normal water level or normal
high water level, with the exception of the following:
(A) Water -dependent uses as described in Rule 07H .0208(a)(1) of this Section;
(B) Pile -supported signs (in accordance with local regulations);
(C) Post -or pile -supported fences;
(D) Elevated, slatted, wooden boardwalks exclusively for pedestrian use and six feet in width
or less. The boardwalk may be greater than six feet in width if it is to serve a public Ilse
or need;
(E) Crab Shedders, if uncovered with elevated trays and no associated impervious surfaces
except those necessary to protect the pump;
(F) Decks/Observation Decks limited to slatted, wooden, elevated and unroofed decks that
shall not singularly or collectively exceed 200 square feet;
(G) Grading, excavation and landscaping with no wetland fill except when required by a
permitted shoreline stabilization project. Projects shall not increase stormwater runoff to
adjacent estuarine and public trust waters;
(H) Development over existing impervious surfaces, provided tint the existing impervious
surface is not increased;
(I) Where application of the buffer requirement would preclude placement of a residential
structure with a footprint of 1,200 square feet or less on lots, parcels and tracts platted
prior to June 1, 1999, development shall be permitted within the buffer as required in
Subparagraph (d)(10) of this Rule, providing the following criteria are met;
(i) Development shall minimize the impacts to the buffer and reduce runoff by
linuting land disturbance to only so much as is necessary to construct and
provide access to the residence and to allow installation or connection of
utilities, such as water and sewer; and
(ii) The residential structure development shall be located a distance landward of the
normal high water or normal water level equal to 20 percent of the greatest
depth of the lot. Existing structures that encroach into the applicable buffer area

I
RECEIVED
IUL 2 6 2024
may be replaced or repaired consistent with the criteria set out in ISA NCM/'� n n� L: /"•
07J.0201 and.0211; and L.J�V� ClJ
(J) Where application of the buffer requirement set out in Subparagraph (d)(10) of this Rule
would preclude placement of a residential structure on an undeveloped lot platted prior to
June 1, 1999 that are 5,000 square feet or less that does not require an on -site septic
system, or on an undeveloped lot that is 7,500 square feet or less that requires an on -site
septic system, development shall be permitted within the buffer if all the following
criteria are met:
(i) The lot on which the proposed residential structure is to be located, is located
between:
(I) Two existing waterfront residential structures, both of which are within
100 feet of the center of the lot and at least one of which encroaches
into the buffer; or
(11) An existing waterfront residential structure that encroaches into the
buffer and a road, canal, or other open body of water, both of which are
within 100 feet of the center of the lot;
(ii) Development of the lot shall minimize the impacts to the buffer and reduce
runoff by limiting land disturbance to only so much as is necessary to construct
and provide access to the residence and to allow installation or connection of
utilities;
Od) Placement of die residential structure and pervious decking shall be aligned no
further into the buffer than the existing residential structures and existing
pervious decking on adjoining lets;
(iv) The first one and one-half inches of rainfall from all impervious surfaces on the
lot shall be collected and contained on -site in accordance with the design
standards for stormwater management for coastal counties as specified in 15A
NCAC 02H .1005. The stormwater management system shall be designed by an
individual who meets applicable State occupational licensing requirements for
the type of system proposed and approved during the permit application process.
If the residential structure encroaches into the buffer, then no other impervious
surfaces shall be allowed within the buffer; and
(v) The lots shall not be adjacent to waters designated as approved or conditionally
approved shellfish waters by the Shellfish Sanitation Section of the Division of
Marine Fisheries of the Department of Environmental Quality.
(e) The buffer requirements in Paragraph (d) of this Rule shall not apply to Coastal Shorelines where the EMC has
adopted rules that contain buffer standards.
(0 Specific Use Standards for ORNV Coastal Shorelines.
(1) Within the AEC for estuarine and public lust shorelines contiguous to waters classified as ORW
by the EMC, all development projects, proposals, and designs shall limit the built upon area in the
AEC to no more than 25 percent or any lower site specific percentage as adopted by the EMC as
necessary to protect the exceptional water quality and outstanding resource values of the ORW,
and shall:
(A) provide a buffer zone of at least 30 feet from the normal high water line or normal water
line; and
(B) _ otherwise be consistent with the use standards set out in Paragraph (d) of this Rule.
(2) Single-family residential lots that would not be buildable under the low -density standards defined
in Subparagraph (f)(1) of this Rule may be developed for single-family residential purposes so
long as the development complies with those standards to the maximum extent possible,
(g) Urban Waterfronts.
(1) Definition. Urban Waterfronts are waterfront areas, not adjacent to ORW, in the Coastal
Shorelines category that lie within the corporate lints of any municipality duly chartered within
the 20 coastal counties of the state. In determining whether all area is an urban waterfront, the
following criteria shall be met:
(A) the area ties wholly within the corporate limits of a municipality; and
(B) the area has a central business district or similar commercial mining classification where
there are mixed land uses, and urban level services, such as water, sewer, streets, solid

RECEIVED
waste management, roads, police and fire protection, or in an area with an industrial or
similar zoning classification adjacent to a central business district. JUL 2 6 2024
(2) Significance. Urban waterfronts are recognized as having cultural, historical and economic
significance for many coastal municipalities. Maritime traditions and longstanding development
_��patterns make these areas suitable for maintaining or promoting dense development along the
shore. With proper planning and stonnwater management, these areas may continue to preserveDCM
local historical and aesthetic values while enhancing the economy,
(3) Management Objectives. To provide for the consumed cultural, historical, aesthetic and economic
benefits of urban waterfronts. Activities such as in -fill development, reuse and redevelopment
facilitate efficient use of already urbanized areas and reduce development pressure on surrounding
areas, in an effort to minimize the adverse cumulative environmental effects on estuarine and
ocean systems. While recognizing that opportunities to preserve buffers are limited in highly
developed urban areas, they are encouraged where practical.
(4) Use Standards:
(A) The buffer requirement pursuant to Subparagraph (d)(10) of this Rule shall not apply to
development within Urban Waterfronts that meets the following standards:
(i) The development shall be consistent with the locally adopted land use plan;
(ii) Impervious surfaces shall not exceed 30 percent of the AEC area of the lot.
Impervious surfaces may exceed 30 percent if the applicant can demonstrate,
through a stornwater management system design, that the protection provided
by the design would be equal to or exceed the protection by the 30 percent
limitation. The storniwaler management system shall be designed by an
individual who meets any North Carolina occupational licensing requirements
for the type of system proposed and approved during the permit application
process. Redevelopment of areas exceeding the 30 percent impervious surface
limitation shall be permitted if impervious areas are not increased and the
applicant designs the project to comply with the intent of the rule to the
maximum extent feasible; and
(iii) The development shall meet all slate stonnwater management requirements as
required by the EMC;
(13) Non -water dependent uses over estuarine waters, public trust waters and coastal wetlands
shall be allowed only within Urban Waterfronts as set out below.
(i) Existing structures over coastal wetlands, estuarine waters or public trust areas
may be used for commercial non -water dependent purposes. Commercial, nor -
water dependent uses shall be limited to restaurants and retail services.
Residential uses, lodging and new parking areas shall be prohibited.
(it) For the purposes of this Rule, existing enclosed structures may be replaced or
expanded vertically provided that vertical expansion does not exceed the
original footprint of the structure, is limited to one additional story over the life
of the structure, and is consistent with local requirements or limitations.
(iii) New structures built for non -water dependent purposes are limited to pile -
supported, single -story, unenclosed decks and boardwalks, and shall meet the
following criteria:
(I) shall provide for enhanced public access to the shoreline;
(11) may be roofed, but shall not be enclosed by partitions, plastic sheeting,
screening, netting, lattice or solid walls of any kind;
(III) shall requite no filling of coastal wetlands, estuarine waters or public
trust areas;
(1V) shall not extend more than 20 feet waterward of the normal high water
level or normal water level;
(V) shall be elevated at least three feet over the wetland substrate as
measured from the bottom of the decking;
(VI) shall have no more than six feet of any dimension extending over
coastal wetlands;
(VII) shall not interfere with access to any riparian property and shall have a
minimum setback of 15 feel between any part of the structure and the

RECEIVE[)
JUL 2 6 2024
adjacent property owners' areas of riparian access. The line of dit�f'� n �_ C
of areas of riparian access shall be established by drawing a line ��,„,// I V
the channel or deep water in front of the properties, then drawing a line
perpendicular to the line of the charnel so that it intersects with the
shore at the point the upland property line meets the water's edge. The
minimum setback provided in the rule may be waived by the written
agreement of the adjacent riparian owner(s) or when two adjoining
riparian owners are co -applicants. Should file adjacent property be sold
before construction of the structure commences, the applicant shall
obtain a written agreement with the new owner waiving the minimum
setback and submit it to the permitting agency prior to initiating any
development;
(Vltp shall be consistent with the US Army Corps of Engineers setbacks
along federally authorized waterways;
(IX) shall have no significant adverse impacts on fishery resources, water
quality or adjacent wetlands and there shall be no alternative that would
avoid wetlands. Significant adverse impacts include the development
[bat would impair water quality standards, increase shoreline erosion,
alter coastal wetlands or Submerged Aquatic Vegetation (SAV),
deposit spoils waterward of normal water level or normal high water
- level, or cause degradation of shellfish beds;
N shall not degrade waters classified as SA or High Quality Waters or
ORW as defined by the EMC;
(XI) shall not degrade Critical Habitat Areas or Primary Nursery Areas as
defined by the NC Marine Fisheries Commission; and
(XII) shall not pose a threat to navigation.
History Note: Authority G.S. 113A-107(b); 113A-108,- 113A-113(b); 113A-124,
Eff. September 1, 1977;
Amended Eff. April 1, 2001; August 1, 2000; August 3, 1992; December 1, 1991; May 1, 1990;
October 1, 1989;
Temporary AnrerrtJment Eff. October 15, 2001 (exempt front 270 day requirement-S.L. 2000-142):
Temporary Amendment Eff. February 15, 2002 (exempt front 270 day requirement-S.L. 2001-
494);
Amended Eff: April 1, 2019; March 1, 2010; April 1, 2008, August 1, 2002:
Readopted Eff. Judy 1, 2020.

RECEIVED
JUL 2 6 2024
DCM-EC