Hi-62-2024 - Denial - John and Agata Butler

P.O. Box 859 1 Buxton, North Carolina 27920 1252.475.5878
3-7-2024
CERTIFIED MAIL -
RETURN RECEIPT REQUESTED
John & Agata Butler
1500 Caln Meetinghouse Rd
Downingtown, P.A.19335
RE: DENIAL OF CAMA MINOR DEVELOPMENT PERMIT
APPLICATION NUMBER- HI-62.2024
PROJECT ADDRESS- 42013 Ocean View Dr Avon, N.C. 27915
Dear John & Agata Butler:
RECEIVED
MAR 0 7 2024
iIJCM-EC
After reviewing 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 which you have proposed.
This decision is based on my findings that your request violates NCGS 113A-120(a)(8) which requires that all
applications be denied which are inconsistent with CAMA guidelines. You have applied to build a Elevator addition to
house which is inconsistent with 15 NCAC 7H.306..., which states that (a) In order to protect life and property, all
development not otherwise specifically exempted or allowed bylaw or elsewhere in the Coastal Resources
Commission's rules shall be located according to whichever of the following is applicable: (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; (8) 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 in15A 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 project is also inconsistent with 15A NCAC 07H.0309 Use Standards
for Ocean Hazard Areas: Exceptions, which states, "(a) The following types of 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) campsites; (2) driveways and parking areas with clay,
packed sand, or gravel; (3) elevated decks not exceeding a footprint of 500 square feet. Existing decks exceeding a
footprint of 500 square feet may be replaced with no enlargement beyond their original dimensions; (4) beach access
ways 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; (9) swimming pools; and (10) fill not associated with dune
creation that is obtained from an upland source and is of the same general characteristics as the sand in the area in
which it is to be placed

RECEIVED
MAR 0 7 NA
DCM-EC
This development shall be permitted only if it is landward of the vegetation line or pre -project 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; is not essential to the continued existence or
use of an associated principal development; and meets all other non -setback requirements of this Subchapter.
I have concluded that your request also violates NCGS 113A-120(a)(8), which requires that all applications be
denied which are inconsistent with our Local Land Use Plan. Please refer to pages 197- 205 of the 2022 Dare County
Land Use Plan, you will find that in Section 3 policy, Natural Hazards Area Management Topic - #4 NH Areas
NH Policy 1- Oceanfront shoreline development should continue to be managed to protect and preserve the natural
and recreational resources along the oceanfront. The appropriate tools for this are the existing CAMA
permit program and the Areas of Environmental Concerns (AECs) designated under the CAMA
program. Dare County reserves the right to review, comment, advocate, or oppose any proposed
regulations or programs that may affect the regulation of ocean hazards areas of environmental
concern.
Implementation Strategies:
1. Rely on existing CAMA AEC regulations to address development activities along the ocean beaches,
estuarine shoreline, and other public trust areas in unincorporated Dare County. Dare County will
continue to participate in the CAMA permitting process with the provision of a local permit officer
for unincorporated Dare County.
2. Rely on existing regulations of the Dare County Zoning Ordinance for development activities along the oceanfront.
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, Further
information can also be found on the Division of Coastal Management's website:
1; Vk,DrQAC.GO%f'ABOUT/D]N;l SONS/COAST.AL-M.k NACEMENT/COASTAL-
` AGE ,iE NT-PE Ritfi ITS/VA R1 ANC S-APPEALS
The Division of Coastal Management Morehead City Headquarters Office must receive appeal notices within twenty
(20) days of the date of this letter in order to be considered.
Respectfully yours,
K.D. Jackson, LPO
Dare County
50347 N.C. Hwy 12
Frisco, N.C. 27936
cc:
Ron Renaldi, District Manager, Elizabeth City
Yvonne Carver, Field Representative, Elizabeth City
Noah Gillam, Planning Director, Manteo
Keith Gibson, Elevator Contractor
LAND OF BEGINNINGS
PRINTED ON RECYCLED PAPER

v
Locality `)2 o i g OCcun ✓� c i✓ A�_ Avon A) [ 2 71t S Permit Number N . - r d- )N
Ocep Hazard Estuarine Shoreline ORW Shoreline Public Trust Shoreline Other
(For official use only)
RECEIVE®
GENERAL INFORMATION
LAND OWNER - MAILING ADDRESS
Name ` �G
Address / 000 cov_ i Ir?4; T7 � C;
City %iwNit%Tt'M r State a ZiplQ31% Phone
Email i� i4l-. b KWL IZ`� ® CLGHsr .
AUTHORIZED (AGENT j /
Name \W t t,t.l 14t � V. 6 tz--srxr
Address G ?k�r_ 21. Z Z
City %+'Q 1JMW'i- State
-.1G L L ETI Z 5mm
/,/C Zip ?7gYIT Phone
G-rv\ e t% .. Ceti
Zsz,z�-7 - ZzaC-)
LOCATION OF PROJECT: (Address, street name and/or directions to site; name of the adjacent waterbody.)
FEB 12 2024
4-/2o, 3 tX..c'+-i �/rc1<tXis-'_ 6��Pul-Q I�iC. 5v_1 1:"y�H`C� Go2N�e O'r
f" l�v� l Prrc *Trr 'oLA-PA .
DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) pzo E OM
Ia,Ae CF Ftout:'
SIZE OF LOT/PARCEL:
PROPOSED USE: Residentialn
�k_ Ma-H . fq-04NJ�v 1:1Jwc> ett lNTU"
square feet acres
(Single-family ❑ Multi -family ❑ ) Commercial/Industrial ❑ Other ❑
-EC
COMPLETE EITHER (1) OR (2) BELOW (Contact your Local Permit Officer if you are not sure which AEC applies
to your property):
(1) OCEAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE: 91c> square feet (includes
air conditioned living space, parking elevated above ground level, non -conditioned space elevated above ground level but
excluding non -load -bearing attic space)
(2) COASTAL SHORELINE AECs: SIZE OF BUILDING FOOTPRINT AND OTHER DYTERVIOUS OR BUILT
UPON SURFACES: _ square feet (includes the area of the foundation of all buildings, driveways, covered decks,
concrete or masonry patios, etc. that are within the applicable AEC. Attach your calculations with the project drawing.)
STATE STORMWATER MANAGEMENT PERMIT: Is the project located in an area subject to a State
Storrnwater Management Permit issued by the NC Division of Energy, Mineral and Land Resources (DEMLR)?
YES NO
If ves, list the total built upon area/impervious surface allowed for your lot or parcel: square feet.

OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA
minor development permit, including, but not limited to: Drinking Water Well, Septic Tank (or other sanitary waste
treatment system), Building, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservatio�E D
Certification, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway
others. Check with your Local Permit Officer for more information.
STATEMENT OF OWNERSHIP:
FEB 12 2024
I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an AEC or a
person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify tbDOe C
listed as landowner on this application has a significant interest in the real property described therein. This interest can be
described as: (check one)
an owner or record title, Title is vested in name of �t L.� ,
ee Deed Book 2S'3 6 page �S'b in the '`�E County Registry of Deeds.
an owner by virtue of inheritance. Applicant is an heir to the estate of
probate was in
County.
if other interest, such as written contract or lease, explain below or use a separate sheet & attach to this application.
NOTIFICATION OF ADJACENT RIPARIAN PROPERTY OWNERS:
I fartbermore 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)
(l} xl C.ioZ /no�Tl��t�t 87 CAgQx nuz. Mp. z6tla
(2) VEN nJ g1(a (-WWQ'a-tr.by r 4�at�lcr�1 lit 27W3
(3)
(4)
ACKNOWLEDGEMENTS:
I, the undersigned, acknowledge that the land owner is aware that the proposed development is planned for an area which
may be susceptible to erosion and/or flooding. I acknowledge that the Local Permit Officer has explained to me the particu-
lar hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabiliza-
tion and floodproofing techniques.
I furthermore certify that I am authorized to grant, and do in fact grant, permission to Division of Coastal Management staff,
the Local Permit Officer an eir agents to enter on the aforementioned lands in connection with evaluating information
related to this permit a ication.
i This the 2 Z day of 20 Z
Landowner or person/dTtthorized to act as his/her agent for purpose of filing a CAMA permit application
This application includes: general information (this form), a site drawing as described on the back of this application, the
ownership statement, the Ocean Hazard AEC Notice where necessary, a.check for $100.00 made payable to the locality, and
any information as may be provided orally by the applicant. The details of the application as described by these sources are
incorporated without reference in any permit which may be issued. Deviation from these details will constitute a violation of
arty permit. Any person developing in an AEC without permit is subject to civil, criminal and administrative action.

2,7124, 11:34 AM
IMG_9594.jpg
OCEAN HAZARD AEC NOTICE
Iroject is in an: ✓ ocean Erodible Area —High Hazard Flood Area
>ropertyOwner; 13 GOG lft�4
--
rooertyAddress:
)ate Lot Was Platted: Fare
Tbisnotia is;oded in laskcyohe
special risks and moons amviand wft dpvdopmtd m this
area, which is subject to nonral hazards such as stomas, erosion
and. cu¢eals The rules-: of the Coastal. Resources. Co 'en
requnt that you . receive m AEC 1T=d . Notice and -
ackmwledga that: notice m. wri mg b.Snrc a P=Dff fur .
devdopmtat can issued,
RECEIVED
Inlet Hazard Are TEB 12 2024
R -EC
Properly Owner's Sgnafure Date
SPECIAL NOTE: This hazard notice is requi-ed for
developmmtm areas subject to sudden and massive sfnmts aad
er== Perm* issued for devdopmertt In this area expire on
Deceraber 31 of t}tr 1hiri year fallowing the year is which lha
petmA was teemed. Shcat}y before:wo& begins on the pm)act
site, tht Local Pennit Of5cm�myu�st� b�e contacted to ddvan the
vegelxtion line and se$>ack fILY1D111G atyour sibG7f the propcty
the C'onm s=eg nAcs m budding sk+ndacds, aotm6 not has s hair change stare the time of para t issosncS and tht
trtbacks and dune akrrsrhm = daa_g d to m' ;;,=, but not Fgpaed devtbpmt& can AM.meet the sctbnek requc==t
=lmiivat, pmpmty loss frc hazaxds:.ES` drhn Pam, the the LPG vnL mfyou that you may begin wa& Substanti t
Joastal Resoumcc Comiaumm d= not gnaztmfrc tht safety of progess ce to pmject must be made wiff2m'60 days of this
he dcvelopmci t and awames. no U�bd ty fo hfum damarc to seback d^Irim:� uI or the setback mnsr be r ' easrmd
he devclopme Pcmuta issued in toe Oceea Rnd Alta. of Also; flit oecu¢earee d a major shmnai change as the rea & of
=ur;rt+nmental..C,o ii�nh,i -flag cardrtion that shmmues tic z strmn wilitm the 60-day pedad wm amwatatc m-
-elorated or dim mff.vl if they become finu6a utty tt,r arr,, d mcam remmA of tlw setback_ It is important that you check with
ry cbatvacs in sbmeliix wnfiStitati�: Tbc shuchne(s} must be the LPC bdm the pcmrt expires for offictsl " to
docz-Ixd or diama.B d witbm two (2) ycm of. bccomimg continue Bic vD& aftc fhc pea 2 bx aataptc4�,:�+. IIp,.if
©mmm3ty thrcatrnnd, d is any caso upoa its callapsc or fo,mdatinn plkgs bave btm placed and sut40I rngeSs is:
ubmdeace coutiimirr4n P=3A renewal can tic a dW1:iad.` It is' maEawhil tn:
coi3irmeuurk a$q-pcun3 cxpaatson-
be best avmlablo mfomsatinn, as acoegted by flu Coabt81 ` x
.rsomcer C m=on; indicates that the amncal long -tam Pbr awm ot7nafrA ct ""-xxs .� � a'
cal vcrzgc occ� eroaon ruic Jhr the area whccc yma pmpm-ty
tcatrdis fieperyrav
m ran was estabhsbed by.;
botng?ohs oftfu noasdm taken
tr&i ziso mdiu that ncc sbm
:6 fret laaiwsr3-m ame3cu'�
he vud watccsinaraajor x":.
_ fret deep in ibis
Da.
https:llmail.google.cornlmaiVu/01?tab=rm&ogbl#inboxtFMfcgzGxRdwebwlGrMwhdSDsMKgfMOb?projector-1 &messagePart1d=0.1 1/2

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Date 1^16-2-9
N=e of Property Owner.-A-pplying for Permit
MaDiug Address:
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I certify that I have authorized (agent) Wtui Ad✓, K (*IIz5w4 to act on mg
bebalf for the purpose of applying for and obtaining aIl CAMAPermits necessary to
E7,�a �(FFCOK^prnurl
4n.ctaii or construct (activity) '
at(my propertylocatedat) %40,14
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This certification is valid thra (date)
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1. T95 AIRYEY IS SUBJEAND EASD1 BY A NLLM'D EASEMENTS & RE2.STATC
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SURVEY FOR
JOHN
P.
BUTLER & AGATA P. BUTLER
LOT 7 —
PHASE 2 REVISED — KINNAKEET SHORES — AVON
KINNAKEET
TOWNSHIP — DARE COUNTY — NORTH CAROLINA
3o u D
30
SEABOARD SURVEYING & PLANNING, INC. C-1536
103F W. WOOD HILL DR., P.O. BOX 58, NAGS HEAD, NC 27959
1 inch = 30 ft.
@:2210483 SURVEETED:01 2 22 RC
PUTTED: o3 15 23 BRa
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OFFICE: [phone] FAX: [phone]
EIVED
12 2024
M-EC

'£ p p.a6ed
Wd Z1=6 $LIOS/LL
CERTIF
Name of Adjacent Ripa
'?Nr6 '`G<000
Address
jeAe-E7o.1 WC
City, State Zip
To Whom. It -May Conoc
This correspondence is
PrD0 IEUEk
property at 42nt3 CX004 .uIQW 1�)R• D1
T)� Couuty, which is adjacent to your property. A copy of the application and project
drawing is attachedlenclosed for your review.
if you have no obj ections to the proposed activity, please mark the approp iate statement below and return to me as soon
as possible, if no comments are mceivedwibin 10 days of receipt of this notice, it wl be ccnsideredthatyouhave no
.Comments or objections reogardmgtb s project
If you have objections or comments, please marktbe appropriate statement below and send yoir correspondence to:
DONNA C=, DARE COTJ=P.O. BOX 1000 MANTEO, NC 27954
If you have any questions about the project, please do not hesiia;e to coact me at my address/msmber listed below, or
contact (DONNA C= at 252475-5873, or by email at [e-mail]
Sincerely,
k�.,R- '�a-r k.ez'
Property Owner's Name
address
City
Ygy-wi- izv3
Telephone Number
Store
Ihave no objecti4ntothe project describedmthis correspondence.
I have objection(s) to the project descnbed in this correspondence.
Adjacent Riparian Signatrre
Dare
Zip
RECEIVED
F EB 12 20
Prat or Type Name Telephone Nunber C

- U.S. Postal Service'"
CERTIFIED MAIL° RECEIPT
-. Domestic Mail Only
.For debery information, visit our website at wwW-usps com`�
M�hGT tLE fir- r -:Y' P%i-t C-Ruz °'
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r
Name ofAdjacentRiparian Property Owner cr
$Doi CPHWOl_C., loll E . o
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Address o
i AX oMA PaR tc IAA . M
City, State Zip 209 t 2 m
m
To Whom It 'May Concern ru
ru
O
This correspondence is to notify you as a riparian property owner that I am r`
_ PrDD ELEtcwmp,
property at LI2 at3 OCj'A-> \Jt WV4 :, in
t Ot - G7 _ Cou�ty, which is adjacent to yotu property. A copy oftlre application and project
drawing is attached/enclosed for your review.
If you have no objections to the proposed activity, please markthe appropriate statement below and return to me as soon
as possible. L no comments are received wi3hin 10 days of receipt of this not ce, it wiI be considered that you btrve no
comments or objections regarding this project
If you have objections or comments, please mark the appropriate statement below and send your correspondence to:
DONNA_ CR=, DARB COUNTY P.O. BOX 1000 MAN'TEO, NC 27954
L you have any questions about the project; please do not hesitate to contact me at my adkess/mnaber listed below, or
contact (DOlgNA CRERF at 252-475-5873, or by email at [e-mail]
Sincerely, Cor tr2acn�:Ie
2'T2- _ 2-0--.. z'2 01Z �� v crrt3Sots
i r� 1 I��Tt ER et84 2-L4 t - I. 2LA 3
Property Owner's Name Telephone Number
Address City State Zip
I have no objectignta the project descabed inthis correspondence.
I have objectioa(s) to the project described m this cormspondence.
Adjacent Riparian Sigaa-trse
Date
RECEIVED
FEB 12 2024
P,-mt or Type Name TelephoneNtmber DCM-EC

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Carver, Yvonne
From: KID Jackson <[e-mail]>
Sent: Wednesday, March 6, 2024 10:56 AM
To: Carver, Yvonne
Subject: Re: [External] Fwd: hi-62-24 permit
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Ok so I will send out the denial letter today and I will start that now.Yes the permit has been voided
On Wed, Mar 6, 2024 at 10:48 AM Carver, Yvonne <yyonne carverC@deq nc gov> wrote:
Have you voided the minor and issued the denial letter? The instructions about the variance
procedure will be in that letter. They can't move forward with the variance request until the
permit decision of a denial is issued.
e.%Lawrie
Yvonne B. Carver
Environmental Specialist II
Division of Coastal Management
NC Department of Environmental Quality
252-621-6453
401 S. Griffin St., Suite 300
Elizabeth City, NC 27909
From: KD Jackson <[e-mail]>
Sent: Wednesday, March 6, 2024 10:32 AM
To: Carver, Yvonne <yvonne.carver@deg,nc.r ov>
Subject: Re: [External] Fwd: hi-62-24 permit
t

CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
So I talked with Keith Gibson and He told me he just emailed you about this process they need to do for
variance or appeal so I am wonderingwhat is my next step to help move this along for them.
On Tue, Mar 5, 2024 at 2:03 PM KD Jackson <[e-mail]> wrote:
Yes and I have reached back out to the people saying that I mess the permit up and need to cancel that
permit but for some reasons I thought we had discussed this being a exemption from everything so it's
my fault for sure.
On Tue, Mar 5, 2024 at 1:58 PM Carver, Yvonne <yvonne c.arver@de_ci-ncgov_> wrote:
KD,
Isn't this the one that the entire house is within the setback?
Enclosed elevators are not an exception to the Ocean Hazard setback, as I noted in another
email.
t9wo"I~
Yvonne B. Carver
Environmental Specialist II
Division of Coastal Management
NC Department of Environmental Quality
252-621-6453
N

401 S. Griffin St., Suite 300
Elizabeth City, NC 27909
From: KID Jackson <[e-mail]>
Sent: Tuesday, February 27, 2024 9:23 AM
To: Doepker, Lisa <[e-mail]>; Carver, Yvonne <[e-mail]>
Subject: [External] Fwd: hi-62-24 permit
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report
Message button located on your Outlook menu bar on the Home tab.
Just finished this one up for elevator
---------- Forwarded message ---------
From: <---0 r@daren_c.com>
Date: Tue, Feb 27, 2024 at 9:22 AM
Subject: hi-62-24 permit
To: kd jackson <kd.'ackson(cPdarenc.gov>
This E-mail was sent from "RNP002673BF37CC" (MP 4054).
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,n,4 a r,;m Uus ae r. ss -nny D .0 �,. r -.< *'e Uo tr Cwolsr r £�i.ib�ic. Rec .i . a.: 'va olay e _if.. . -se .r t !Ird Oaf . s by an
a. i•,nrvr d state of ri al.. .

Carver, Yvonne
From:
Carver, Yvonne
Sent:
Tuesday, March 5, 2024 1:58 PM
To:
KID Jackson
Cc:
Doepker, Lisa
Subject:
RE: [External] Fwd: hi-62-24 permit
KD,
Isn't this the one that the entire house is within the setback?
Enclosed elevators are not an exception to the Ocean Hazard setback, as I noted in another
email.
Yvonne B. Carver
Environmental Specialist II
Division of Coastal Management
NC Department of Environmental Quality
252-621-6453
401 S. Griffin St., Suite 300
Elizabeth City, NC 27909
From: KID Jackson <[e-mail]>
Sent: Tuesday, February 27, 2024 9:23 AM
To: Doepker, Lisa <[e-mail]>; Carver, Yvonne <[e-mail]>
Subject: [External] Fwd: hi-62-24 permit
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
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Just finished this one up for elevator
---------- Forwarded message ---------
From: <copier(cbdarenc com>
Date: Tue, Feb 27, 2024 at 9:22 AM
Subject: hi-62-24 permit
To: kd j a c k s o n <kd.jack on darenc.gov>
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Scan Date: 02.27.2024 09:36:42 (-0500)
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Dare Countv
Local Government
RECEIVED
FEB 2 7 20A HI-62.2024
Permit Number 11l I
CAMA DCM-EC
MINOR DEVELOPMENT
PERMIT
�A A
&
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 John & Agata Butler, authorizing development in the Ocean Hazard (AEC) at 42013 Ocean View Or, in Avon,
N.C. 27915 as requested in the permittee's application, dated 1-22-2024, and received complete on 2-21-2024. This
permit, issued on 2-27-2023, 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: Add Elevator to house
(1) All proposed development and associated construction must be done in accordance with the permitted work plat drawings
from Seaboard Surveying 3/15/23 and received by K.D. Jackson on 2-21-24. [GS113A-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. [GS113A-120]
(4) A copy of this permit shall be posted or available on site. Contact this office at 252-475-5879 for a final inspection at
completion of work. [GS113A-120]
(Additional Permit Conditions on Page 2)
This permit action may be appealed by the pernittee or other qualified persons
within twenty (20) days of the issuing date. 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 modificalion 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 with 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 #_04551_, in the amount of $100, was received on _2-23-
2024_ for the permit fee.
K.D. Jackson
CAMA LOCAL PERMIT OFFICIAL
P.O. Box 859
Buxton, N.C. 27920
PERMITTEE
(Signature required 9 conditions above apply to permit)

Name: John & Agata Butler
Minor Permit # HI.62-2024
Date: 2.27.2024
Page 2
RECEIVED
FEB 2 7 2024
(5) The pennittee is required to contact the Local Permit Officer 252-475-5879, shortly before he 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 .306]
(6) In order to avoid danger to life and property, all development shall be designed and placed so as to minimize damage
due to fluctuations in ground elevation and wave action in a 100-year storm. All buildings constructed within the ocean
hazard area shall comply with the NC Building Code, including the Coastal and Flood Plain Construction Standards of the N.
C. Building Code, and the Local Flood Damage Prevention Ordinance as required by the National Flood Insurance Program.
If any provisions of the building code or a flood damage prevention ordinance are inconsistent with any of the following AEC
standards, the more restrictive provision shall control. [07H .308(d)(1)]
(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 -1201
(8) Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently threatened by
changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two 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 renourishment takes place within two 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 at that time. This condition shall not affect the permit holder's right to seek authorization of temporary
protective measures allowed under CRC rules. [7H .0306(g)]
SIGNATURE:
PERMITTEE
DATE:
C

Carver, Yvonne
From: KD Jackson <[e-mail]>
Sent: Monday, February 12, 2024 2:20 PM
To: Carver, Yvonne
Subject: Re: [External] Fwd: hi-62-24 application
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
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No Variance needed from Dare County as this meets all criteria for us butfor Cama I guess this shed it's
talking about is what their calling storage under the house but would be attached to the house.
On Mon, Feb 12, 2024 at 12:17 PM Carver, Yvonne <[e-mail]> wrote:
Hey KD,
I note that the Static vegetation line (i.e. pre -project vegetation line) and CAMA setback line
and is shown, but the FLSNV is not. All lines must be shown on the site plan and both
proposed structures shown to scale.
Confirmed on the DCM interactive map that the entire house is within the setback. An
elevator is not a development in 07H.0309 Exceptions. A storage shed must be per (a)(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;
In all cases, this development shall be permitted only if it is landward of the vegetation line or
pre -project 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; is not essential to the continued existence or use of an
associated principal development; and meets all other non setback requirements of this
Subchapter.
The application must be deemed complete before a permit decision is made. Would the
proposed request require a variance from Dare County? Just a reminder per Policy #16 (copy
attached) from the LPO Manual that any petitioner requesting a CAMA Variance must see a
variance from applicable local requirements as a prerequisite.
t

Yvonne B. Carver
Environmental Specialist II
Division of Coastal Management
NC Department of Environmental Quality
252-621-6453
401 S. Griffin St., Suite 300
Elizabeth City, NC 27909
From: KD Jackson <[e-mail]>
Sent: Monday, February 12, 2024 11:02 AM
To: Carver, Yvonne <[e-mail]>; Doepker, Lisa <[e-mail]>
Subject: [External] Fwd: hi-62-24 application
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
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Here is one I just received for an elevator on Ocean View dr but Yvonne I think they may be denied then
go for Variance or the next step not sure .
---------- Forwarded message ---------
From: <[e-mail]>
Date: Mon, Feb 12, 2024 at 10:59 AM
Subject: hi-62-24 application
To: kd jackson <k_d,[e-mail]>
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2

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Email co -respondence t,,, ano from this address may be suaed to the North C; a (at•na Pumm Recoffts Law and jT),Iy be disclosed ro thimi par z-s by ar, authorized
state official.

Carver, Yvonne
From: Carver, Yvonne
Sent: Tuesday, March 5, 2024 1:00 PM
To: KD Jackson
Subject: RE: [External] Fwd: hi-62-24 application resend/updated survey
KD,
Now it's showing 2 static veg lines and 2, 180' setback lines. I don't see a FLSNV line.
And the development is still seaward of the 180' CAMA setback. Only those items listed below
in Exceptions are permittable seaward of the oceanfront setback requirements:
15A NCAC 07H .0309 USE STANDARDS FOR OCEAN HAZARD AREAS: EXCEPTIONS
(a) The following types of 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) campsites;
(2) driveways and parking areas with clay, packed sand, or gravel;
(3) elevated decks not exceeding a footprint of 500 square feet. Existing decks exceeding a footprint of 500 square feet
may be replaced with no enlargement beyond their original dimensions;
(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;
(9) swimming pools; and
(10) fill not associated with dune creation that is obtained from an upland source and is of the same general characteristics
as the sand in the area in which it is to be placed.
In all cases, this development shall be permitted only if it is landward of the vegetation line or pre -project 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; is not essential to the continued existence or use of an associated principal development;
and meets all other non -setback requirements of this Subchapter.
v VVV 7_Ne
Yvonne B. Carver
Environmental Specialist II
Division of Coastal Management
NC Department of Environmental Quality
252-621-6453
401 S. Griffin St., Suite 300
Elizabeth City, NC 27909
From: KD Jackson <[e-mail]>
Sent: Friday, February 23, 2024 9:23 AM

To: Carver, Yvonne <[e-mail]>
Subject: (External] Fwd: hi-62-24 application resend/updated survey
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu liar on the Home tab.
So I have the updated surveys howing the static line and F.L.N.S.V on it.
---------- Forwarded message ---------
From: <copier(adarenc.com>
Date: Fri, Feb 23, 2024 at 9:21 AM
Subject: hi-62-24 application resend/updated survey
To: kd jackson <kd.jackson(a)darenc.gov>
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SALVO
NOTES,
1. THIS SLWVE! IS SUB.ECT TO ANY FACTS THAT MAY BE
1
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Carver, Yvonne
From: Carver, Yvonne
Sent: Tuesday, August 15, 2023 12:07 PM
To: KID Jackson
Subject: RE: [External] Fwd: butler site plan, follow up query on elevator
Hey KID,
Confirmed with Ron that if it were a utility lift, it would be considered an accessory, but a fully
enclosed elevator would be considered development and would need to meet the setback
requirements. They would need to apply for a minor, with an updated site plan showing the static
line, FLSNV that you confirm/stake, current setback line, location/dimensions of elevator and a cross
section of the elevator shaft. Because they would not be able to meet the setback, it would be a
technical denial, with the opportunity to apply for a variance.
In Policy Memo 3 of the LPO manual, there is a section about elevators:
2. Rule: 15A NCAC 07H .0306(a)(4)
a. Issue: Calculation of Total Floor Area = The total area of the outside wall dimensions of
the structure, plus all roof covered porches, times the number of floors/stories.
b. Policy: There is no subtraction for stairwells or elevators. The square footage of a
stairwell or elevator shaft is counted on every floor of living space. Cathedral
ceiling areas are excluded from the Total Floor Area calculation. Enclosed
entrances below base flood elevation must meet all requirements of the NC
Building Code and the Local Flood Damage Prevention Ordinance. If the entrance
area is heated, even if by convection (open to the upper floor), then the square
footage of the area would be included in the Total Floor Area calculation.
2 "MW
Yvonne B. Carver
Environmental Specialist II
Division of Coastal Management
NC Department of Environmental Quality
252-264-3901, ext. 237
Please note that my email address has changed to: Vvonne.carver(a)dep.nc.nov
401 S. Griffin St., Ste 300
Elizabeth City, NC 27909