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HomeMy WebLinkAboutHi-62-2024 - Denial - John and Agata ButlerP.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 M Date 1^16-2-9 N=e of Property Owner.-A-pplying for Permit MaDiug Address: b. 3c,", Z (e2 Z i 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 - )t I This certification is valid thra (date) 1 NO ES, 1. T95 AIRYEY IS SUBJEAND EASD1 BY A NLLM'D EASEMENTS & RE2.STATC 7—'- .._.._.._. VEG. ,_.._.._.._..]. G.L0.M. ZgLE: '%' CREPE: 8.0' MJNpIUM) 4. PW5.RECORDEDP,C.C•A2OG1. 25] 8. WNLNU- WILgNC LINES (MBL). IF SHOWN XEREON•pf� PER TiE CURRENT LOCH. ZONRJO REWUTONS 0I[� SETBACKS ANO/ORR M'OTKWSMAY APPLY AND MUSTBE VEEUPmPRIORTOCON). EEVATONS (NAND 1988): I \511E OW ORCUNO 0 BUIL01N0 . 4.6 HIGH GRouxD o euuDlxa H ,. S1 Z L � MMMW STORAGE 29g DC 8. MTNG OT MVERAOE: 2,1ZO S.F. ,: (14AX) (E=IIDES GRAVEL AND COMMUNITY WUOD WAIJ() 9. ENTRE LOT LIES N11NW 3f0' CAL.A O.E.A./AEC �BUXTDN 10. DARE COUNTY ZDMN4.•R-1' / r $L p'G c. VICINITY MAP NTS 0 3 <^ w S 19'53*6 W 75.00OA' SO j 4.2' LEGEND A.B x n m N8E EX Y PINCH PIPE 1 x9� (Lc. c a a3c) f ,� r - EX 1/2' REBAR 0 - CALWLATEV POINT - EX OO c. MON, - SMOD STME ) '�` 13.Y I to, o __ =. I ♦ - EX NAG N.ML I GPIs- �cwi�" �� I n t) - MAC NNL SET 1 �4 I £ l �(- EX 1' OPEN RPE ®-WATER METER 1 2In Siaxr'RAVE I c� ON�u ON ". 0.v. `I W/ EV[LO91AE ON I I 1 - PHONE PEDESTAL C.AT. V. I _ �1 - UTUTY POLE -�- WY W E Ic 1 Ip y m�U:. S -I 10A. a I v3' I\1 FIRE HYDRANT I� C.. wwt I I Pwa �' b f..: - S AG- MOVE GRADE Be - BELOW GRADE E PL - PROPERTY UK I x I C VT. I DC- WATER VALVE j0 In I I I j I GRAV[L it Ell 14 I �° 'g .__lk II LL) I„g II on w' PF .. ismcTuRE SETBAML G L I LOT 8 <7 i 11, III ice. i LOT ° L o ~ I ~ RS .6L Q I i- O I I Co - I �I I: zf 0.T 02' Be 0.2' B _ 0.1 BG 519'S3'Ot"W Cf G l a -1 I N 19'S3'01" E 75.00'(TIE) 75.00' N79'S3'01'E N1953'01"E N19-53701"E �\ f 1 75.00'(TIE) 75.00'(TIE) 75.00'(TIE) p�� OCEAN VIEW DRIVE f gip' N r�y . (60 R/W P.C. C. SL 23C) < _': 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 �'-°'- OFFICE: (252) 480-9998 FAX: (252) 480-0571 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 donnac@darenc.com 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 °' m r Name ofAdjacentRiparian Property Owner cr $Doi CPHWOl_C., loll E . o 0 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 dnnnac@darenc.com 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 G !@H v���j Ill fill @�pg l�e4l1 9 Eej!jt , .5 $pp Hill � }a9@I ��gi I 9[[[4 8p 11 I I Ilk m]w r arm or 3' CEIVED I F I %V1 � db I I FEB 12 2024 I I -------------- CM-EC ------------- I II ` I I I I I I I I ' I I I i I ------------ '� d0 Carver, Yvonne From: KID Jackson <kd.jackson@darenc.gov> 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 <kd.iackson@darenc.gov> 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 <kd.jackson@darenc.gov> 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 <kd.iackson@darenc.gov> Sent: Tuesday, February 27, 2024 9:23 AM To: Doepker, Lisa <lisa.doepker@deg.nc.gov>; Carver, Yvonne <yvonne.carver@deo.nc.gov> 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). Scan Date: 02.27.2024 09:36:42 (-0500) Queries to: copier@darenc.com ,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 <kd.jackson@darenc.gov> Sent: Tuesday, February 27, 2024 9:23 AM To: Doepker, Lisa <lisa.doepker@deq.nc.gov>; Carver, Yvonne <yvonne.carver@deq.nc.gov> 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: <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> This E-mail was sent from "RNP002673BF37CC" (MP 4054). Scan Date: 02.27.2024 09:36:42 (-0500) Queries to: cooier(d)darenc.com 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 <kd.jackson@darenc.gov> 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 button located on your Outlook menu bar on the Home tab. 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 <yvonne.carver@deq.nc.gov> 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 <kd.iackson@darenc.gov> Sent: Monday, February 12, 2024 11:02 AM To: Carver, Yvonne <yvonne.carver@dep.nc.goy>; Doepker, Lisa <lisa.doepker@deg.nc.gov> 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 button located on your Outlook menu bar on the Home tab. 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: <copier@darenc.com> Date: Mon, Feb 12, 2024 at 10:59 AM Subject: hi-62-24 application To: kd jackson <k_d,jackson@darenc.gov> This E-mailwas sent from "RNP002673BF37CC" (MP 4054). 2 Scan Date: 02.12.2024 11:13:26 (-0500) Queries to: copie @L[arenc.com 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 <kd.jackson@darenc.gov> Sent: Friday, February 23, 2024 9:23 AM To: Carver, Yvonne <yvonne.carver@deq.nc.gov> 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> This E-mail was sent from "RNP002673BF37CC" (MP 4054). Scan Date: 02.23.2024 09:35:34 (-0500) Queries to: copier@darenc.com SALVO NOTES, 1. THIS SLWVE! IS SUB.ECT TO ANY FACTS THAT MAY BE 1 BY A FULL ACCURATE TTE SEARCH AND RU k RESIWC ONSTAM DF RECORD. AND FBY O 00NIS 15.000 C.ANAA-TATC VEG• ME 2. AREA BY NE: 'X' TE COMWrtATON I 15,000 SF. —4. F.LR.M. ZONE: 'K' (RF.P.E- Atl MINIMUM) ' 4. PIN RECORDED 5. REOCLUDED REFERENCE: Po. SB C, SL 230; D.S. 253CHEREON, BUILDING UNI (N 6 SHOWN HEREON, ARE f( Al.s L/ 8. MINIMUM BURREN UOC PAMUCO ATANTC SOUND 2 OCEAN ZONI _ _ PER THE CURRENT LOCAL ZONIND REWUP Y A OTHER .. .. ..EAMAA-STATC CtCUNE. -� .. ..— SEIBACXS AND/OR RESTRICTONS MAT APPLY AND MUST S TO VRR1m PPoai CON5IRUCTON. (PER DARE CWNM BE 7. EIEVATCN9 (NAYD 1986): AS SHO`Ml Q LOW GROLBA O BUILDING - 4.5' HIM �_ tT� � FLOORW�A�Z20 S.F.(14.1X) RECEIVE' B.E (EXCLUDES GRAVEL. AND COW.IUNIIY WOOD WALE() 9. ENTRE LOT LIES WT 1N SW C A.M.A. O.EA./A.La MAR 0 5 2024 l0. OARS COUNTY ZONIN(T:'R-1' 9L 0C ,� pC, O VICINITY MAP NTS F�'" 3 4' R SD79'S3'01" W /J.0 o BG 42' LEGEND 4.6 % n w• xm. (P.0 C A 2]CI X - EX. T PINCH PIPE sry 10.1' CALCULATED X O - POINT • ;;}}FF o' 5' MBL ZONNO A -le SO SET WDDD TAKE 4 - EX. MAC HAL 15' OE °, _ NAIL SET I s ,? I ZMAO I - EX. I- OPEN PIPE �dA 1n SI.PR4E I OxEwrw Y nlNts. I r I W ®- WATtR METER Q'II RM0 6 E =' CgIIAflE PHONE PEDETAL - - UTILITY POLE 10.1' GY "RE - FARE HYDRANT 'S'?NG. WNN ®- ElEOT. TRANS. iN P H I ( 0,0 AO - ABOVE GRADE `i IIh III WAU( I r N I Q I BG - BELOW GRADE PL - PROPERTY UN j� x I x 35W� I I I w - WATER VUVE>- N� x l GRAVEL I Id I 180' QAM.0. MINIMUM STRUCTURE SETBACK 1 I I $u o - x I I Z L I— II , I I II IW I I Quj I FI 411 = LOT 8 II, i ,ILwI I li N 1— m IF ;II v� Z i ' I j k II I; II i I� li II II LOT 7 I ..Ix I 1 I; I j co Ln y j LL — `— — ss MBL A j i t I P . I o o O 0 :I I; xI I I I O.S A 2' BC Q2' TV Bc ---- _ o.) A 't N 19'53'O7` E .ems• B 75.00' N7953'01`E N1953'01`E N19'53'01`E �\ 75.00'(11E) 75.00'' TIE) 75.00'(nE) 75.00'(11E) 75.00'(TIE) % OCEAN VIEW '. - DRIVE: ...... .: �.. ... '•$.R.'1421 ., ,._ o .. � . ... (60' R/W P.C. C, SL 236)� .. . �M .,. .. .. . a/2.. CAM.A. STAJIC VEQTAllON SURVEY FOR JOHN P. BUTLER & AGATA P. BUTLER LOT 7 — PHASE 2 REVISED — KINNAKEET SHORES — AVON KINNAKEET TOWNSHIP — DARE COUNTY — NORTH CAROLINA » 1s o ]o SEABOARD SURVEYING & PLANNING, INC. C-1596 1 inch = 30 ft. 103F W. WOOD HILL DR., P.O. BOX 58. NAGS HEAD, NC 27959 OFFICE (252) 480-9998 FAX: (252) 480-0571 LE:=O0 SURVEYED:01 12 2 RC PLAM0,03 1s 23 BR.1 ,191 .1 0 vo�; 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