Hi-75-24 - Denial - Donald McCoy

r3
P.O. Box 859 1 Buxton, North Carolina 27920 1252.475.5878
CERTIFIED MAIL -
RETURN RECEIPT REQUESTED
Electronic Delivery to: mccoyencllcCo)gmail.com
Donald McCoy
3113 Camille Dr
Winterville, N.C. 28950
RE: DENIAL OF CAMA MINOR DEVELOPMENT PERMIT
APPLICATION NUMBER: HI-75-24
PROJECT ADDRESS: 41971 Ocean View Dr
Dear Mr. McCoy:
8-7-24
RECEIVED
AU6 0 0 2024
DCKA-EC
After reviewing your application, which was determined to be complete on 7-15-24,
the Dare County has determined that no permit may be granted for the proposed
development.
You have applied to construct a 5-bedroom, 1,996-sf single family dwelling,
with a covered deck, 470-sf of open decking, pool, pool deck and fence,
Gazebo, parking and septic. Portions of your proposed development do not
meet the following rules of the N.C. Coastal Resources Commission, and/or the
following provisions of the N.C. Coastal Area Management Act:
15A NCAC 07H ,0306 GENERAL USE STANDARDS FOR OCEAN
HAZARD AREAS, which states, "
(a) In order to protect life and property, all development not
otherwise specifically exempted or allowed by law or elsewhere in the
Coastal Resources Commission's rules shall be located according to
whichever of the following 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.
(3) With the exception of those types of development defined in 15A
NCAC 07H ,0309(a), no development, including any portion of a building or
structure, shall extend ocean ward of the ocean hazard setback. This
includes roof overhangs and elevated structural components that are
cantilevered, knee braced, or otherwise extended beyond the support of
pilings or footings, The ocean hazard setback shall be established based on
the following criteria:
(A) A building or other structure less than 5,000 square feet
requires a minimum setback of 60 feet or 30 times the shoreline erosion
rate, whichever is greater;
LAND OF BEGINNINGS
PRINTED ON RECYC'_ED PAPER

RECEIVED
The development proposed at 41971 Ocean View Drive is located within the Ocean
Hazard Area. The Ocean Erodible Area (OEA) Area of Environmental Concern (,qW)0 B 2024
for this parcel has an erosion rate of 6 feet, and the OEA AEC is 540 feet. The
minimum setback is confirmed as 180 feet (30 times 6), which is measured fro�qq��..A�t ��
the Pre -Project Vegetation Line (also known as the Static Vegetation Line). InLJUM-
review of your site plan drawn on 07/12/2024 and received on 07/15/2024, the
following development is oceanward of the applicable setback and cannot meet the
General Use Standards under 15A NCAC 07H.0306: single-family dwelling, covered
porch, covered deck and landing, septic tanks.
Given the preceding findings, it is necessary that your request for issuance of a
CAMA Minor Permit under the Coastal Area Management Act be denied. This denial
is made pursuant to N.C.G.S. 113A-120(a)(8), which requires denial for projects
inconsistent with the state guidelines for Areas of Environmental Concern or a local
land use plan.
If you wish to appeal this denial, you are entitled -to a contested case hearing. The
hearing will involve appearing before an Administrative Law Judge who listens to
evidence and arguments of both parties before making a final decision on the
appeal. Your request for a hearing must be in the form of a written petition,
complying with the requirements of §15013 of the General Statutes of North
Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, NC 27699-6714, within twenty (20) days from the date of
this denial letter. The requirements for filing a contested case can be found at
http://www.oah. state.nc.us/hearings. Although OAH cannot give legal, advice, any
questions regarding this process should be directed to OAH at 6714 Mail Service
Center, Raleigh, NC 27699-6714 or via telephone at 919-431-3000, including
questions regarding the filing fee (if a filing fee is required) and/or the details of the
filing process.
A copy of your petition filed at OAH must be served on with DEQ's agent for service
of process at the following address:
William F. Lane, General Counsel
Dept. of Environmental Quality
1601 Mail Service Center Raleigh, NC 27699-1601
Please also send a copy of the petition to the attention ofTancred Miller, Director,
N.C. Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC
28557, so that your petition may be forwarded to the attorney who will be
representing the Respondent in the contested case proceeding.
In the alternative, you may petition the N.C. Coastal Resources Commission for a
variance to undertake development that is prohibited by the Commission's rules
(Note- a Commission variance cannot be granted if your project was denied due to
an inconsistency with a CAMA Land Use Plan or other statutory provisions of the
CAMA or NC D&F Law). Applying for a variance requires that you first stipulate that
the Division of Coastal Management applied the Rules properly in issuing this
LAND OF BEGINNINGS
PRINTED ON RECYCLED PAPER

denial. Applying for a variance means that you agree that the legal restrictions are
valid but request an exception to the restrictions because of hardships resulting
from unusual conditions of the property. In seeking a variance, you are requesting
that the Commission vary the rules at issue and you must state how you believe
your request meets the four criteria found at N.C.G.S. § 113A-120.1. To apply for a
variance, you must file a petition for a variance with the Director of the Division of
Coastal Management and the State Attorney General's Office on a standard form,
which must be accompanied by additional information on the nature of the project
and the reasons for requesting a variance. The variance request may be filed at any
time but must be filed a minimum of six weeks before a scheduled Commission
meeting to be eligible to be heard at that meeting.
You may either appeal the permit decision or seek a variance. These are two
separate paths and cannot be pursued simultaneously. If the appeal of the permit
decision is denied, you may still seek a variance. However, you may not first seek a
variance and if that is denied attempt to challenge the decision to deny the permit.
Information about both a permit appeal in the Office of Administrative Hearings and
the Variance process may be obtained at
https://deq.nc.gov/about/divisions/coastal-management/coastal-management-
permits/variances-appeals.
Respectfully yours,
LIDO K.D. Jackson
Cc (by email):
Ronald Renaldi, District Manager, Elizabeth City, ronald.renaldiCnldeq,nc.gov
Robb Mairs, CAMA LPO Minor Permit Coordinator, [e-mail]
Yvonne Carver, Field Representative, Elizabeth City, [e-mail]
Noah Gillam, Planning Director, Dare County, [e-mail]
AUG 0 a 2024
LAND OF BEGINNINGS
PRINTED ON RECYCLED PAPER

3
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APPLICATION FOR
CAMA MINOR z
Coastal Management DEVELOPMENT
ENVIRONMENTAL QUALITY'
PERMIT _
In 1974, the North Carolina General Assembly passed the Coastal Area Management Act
(LAMA) and set the stage for gaidiag development in fragile and productive areas that
border the state's sounds and oceanfront. Along with requiring special care by those who J
build and develop, the General assembly directed the Coastal Resources Commission CIN
(CRC) to implement clear regulations that minimize the burden on the applicant
fi
This application for a minor development permit under CAMA is part of the
Commission's effort to meet the spirit and intent of the General Assembly. It has been
�(>
designed to be straightforward and require no more time or effort than necessary from
the applicant Please go over this folder with the Local Permit Officer (LPO) for the
locality in which you plan to buLd to be certain that you understand what information he
r
or she needs before you apply
yy0
r
Under CAMA regulations, the minor permit is to be issued within 25 days once a
y
complete application is in hand. Often less time is needed if the project is simple. The
Process generally takes about 18 days. You can speed the approval process by making
certain that your application is complete and signed, that your drawing meets the
specifications sp given inside and that your application fee is attached
L —
Other permits are sometimes required for development in the coastal area While these
c
c
are not CAMA-related, we urge you to check with the Local Permit Officer to determine
v
which of these you may need. A list is included on page two of this folder.
We appreciate your cooperation with the North Carolina Coastal Management Program
and your willingness to build in a way that protects the resources of our beautiful and
19
productive coast
Coastal Resources Commission
Division of Coastal Management
Cl)
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DCM Fom E3I952-2015/Revised - '^'

Locality.ulq-71 Oc6A''Uilt,�'1 .'ul
i Eezmitl�nmber ! I I %ti 2H
Ocean Hazard J EstuarmeShoreliue ORWShoreiine - Pobkc7'rusES�toreIsge Other
or official use only) . r,
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GENERAL INFORM TION
LAND OWnNER-MAILING ADDRESS
Name A1W1,P A-6Y/ l (fo y " kV(::�- L� c
Address_ 3/13 G/fX144,' DR p Q
City 1V1/ 7*ErV/LLE State —LC_ ZiP9'' 0Ph.e
Email rncco an c /ic q x4i 1. c o�r7
AUTHORIZEDAGENT / �^
Address Po Bye 7lP(O
City Kl722' State _ NG Zip279y9 Phone 4Y.,'C9
Email —
LOCATION OF PROJECT: (Address, street name and/or directions to site, name of the adjacent waterbody.)
I9 InerAd view ORive 1APA, �L/- 279/5
rmojy' -fo &t,4Nne OcaANI
DESCRIPTION OF PROJECT: (List all proposed constmction and land disturbance.) Go v$T,e DCT� p�l
©F SS xpewro/n RE ltL eprTff4-,,ol - .
SIZE OFLOT/PAi2CEL: square feet d•3 awes
PROPOSED USE: Residential �(. (Single-family Multi-fa>mly []) Commercial/Industrial o Other
COMPLETE EITHER (I) OR (2) BELOW (Cnnffici
to your,properiy): yourLocaiPerm& officerifyou are notsure which AEC applies
ourpr
(I) OCEAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE:
air conditioned livingace square feet (includes
space, parking elevated above ground level, non -conditioned space elevated above ground level but excluding non -load -bearing attic space)
(2) COASTALSHORELINEAECs: SIZE OFBUILDINGFOOTPRINTANDpTHERIMpERViOJSORBFTIIT
UPON SURFACES: _square feet (includes the area of the foundation of all buildings, driveways, covered decks,
concrete or masonry patios, etc, that are within ffie applicableAEC. Attach your calculations with the Project drawing.)
STATE STORMWATER MANAGEMENT PERMIT: Is the project located in an area subject to a State
Stormwater Management Permit issued by the NC Division of Energy, Mineral and Land Resources (DEMLR)?
YES_ NO--X
If yes, list the total built upon areaRmperviocs surface allowed for your lot or parcel _square feet.

OTHER PERMITS MAY BE RE QUIRED: 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 andAir Conditioning, Insulation and Energy'Conservation, FIA
Certification, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Pads Approval, Hi-ghway Connection, and
others. Check with your Local Permit Officer for more information.
STATEMENT OF OWNERSHIP:
1, 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 that the person
listed as landowner on this application has a significant interest in the real property described therein. This interest can be
described as: (check one)
Zan owner or record title, Title is vested in name of
see Deed Book ;ZSS/ page o3/3 in the A*fA,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 AWACENT RIPARIAN PROPERTY OWNERS:
I furthermore certify that the following persons are owners ofproperties adjoining this property. I afSmn that I have given
ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMApermit.
(1)
(2)
(3)
(4)
FA
ACKNOWLEDGEy)ONTs:
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 floodprooflug 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 and their agents to enter on the aforementioned lands in connection with evaluating information
related to this permit application.
/ , w This the '7 dayDfMAY, 201Y
to act as his/her agentfor purpose of Sling a CAMA permit application
This app&crdion includes: general brformation (this form), a site drawing as described on the back of this application, the
ownership statement the Ocean Hazard AEC Notice where necessary, a checkfor $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 detaik will constitute a violation of
ony permit. Anyperson developing in an AECwithoutpermit is subject to civil, criminal and arbninistrative action.

% OCEAN HAZARD AEC NOTICE
Project is in an!y Ocean Erodible Area Inlet Hazard Area
Property Owner: 1'*IC�O Y ANC .4 LC -
Property Address: X�( g 7I oG&41 V/EW
Date Lot Was Platted•. eG4' 1 Z&V
This notice is intended to make you, the applicant, aware of the
special risks and conditions associated with development in this
area, which is subject to natural hazards such as storms, erosion
and currents. The rules of the Coastal Resources Commission
require that you receive an AEC Hazard Notice and acknowledge
that notice in writing before a permit for development can be
issued.
The Commission's rules on building standards, oceanfront
setbacks and dune alterations are designed to minimize, but not
eliminate, property loss from hazards. By granting permits, the
Coastal Resources Commission does not guarantee the safety of
the development and assumes no liability for future damage to the
development. Permits issued in the Ocean Hazard Area of
Environmental Concern include the condition that structures be
relocated or dismantled ifthey became imminently threatened by
changes in shoreline configuration. The structures) must be
relocated or dismantled within two (2) years of becoming
imminently threatened, and in any case upon its collapse or
subsidence.
The best available information, as accepted by the Coastal
Resources Commission, indicates that the annual long-term
average ocea/n erosion rate for the area where your property is
located is --41 — feet per year.
The rate was established by careful analysis of aerial photographs
of the coastline taken over the past 50 years.
The flood waters in a major storm are predicted to be about
3 feet deep in this area.
Preferred oceanfront protection measures are beach nourishment
and relocation of threatened snuctmes. Hard erosion control
structures such as bulkheads, seawalls, revetments, groins, jetties
and breakwaters are prohibited. Temporary sand bags may be
authorized under certain conditions.
The applicant must acknowledge this information and
requirements by signing this notice in the space below. Without
the proper signature, the application wil I not be complete.
Property Owner's ignature Date
SPECIAL NOTE: This hazard notice is required for
development in areas subject to sudden and massive storms and
erosion. Permits issued for development in this area expire on
December 31 of the third year following the year in which the
Permit was issued. Shortly before wom begins on the project site,
The Local Permit Officer must be contacted to determine the
vegetation line and setback distance at your site. If the property
has seen tittle change since the time of permit issuance, and the
proposed development can still meet the setback requirement, the
LPO will inform you that you may begin work. Substantial
Progress on the project must be made within 60 days of this
setback determination, or the setback must be re -measured. Also,
the occurrence of a major shoreline change as the result of a storm
within the 60-day period will necessitate re -measurement of the
setback It is important that you check with the LPO before the
Permit expires for official approval to continue the work after the
permit has expired. Generally, if foundation pilings have been
placed and substantial progress is continuing, permit renewal can
be authorized. it is unlawful to continue work after permit
expiration.
For snore ilrfOrM[tfioR, confect:
Local Permit Officer
�o PDX &15eo,Alr, 279/S'
Address
ZovvTy , Av19.I
Locality
le' ) h�75. 57gg
Phone Number
Revised October 2016

DocuSign Envelope ID: SOCOD079-BA71-4249-8EF63AC527A5BD30
OCEAN HAZARD AEC NOTICE
Project is in an: X Ocean Erodible Area _ Inlet Hazard Area
Property Owner: it7` SOY ENL G/�
Property Address:_g1971 ocea✓. V;e,., nr.. Avv,n , he .2?215
Date Lot Was Platted:_/0199/f99_3
This notice is !mended to make you, the applicant, aware of the
special risks and conditions associated with development in this
area, which is subject to natural hazards such as storms, erosion
and currents. The rules of the Coastal Resources Commission
require that you receive an AEC Hazard Notice and
acknowledge that notice in writing before a permit for
development cau be issued.
The Commission's rules on building srandazds, oceanfront
setbacks and dune alterations are designed to minimize, but not
eliminate, property loss from hazards. By granting permits, the
Coastal Resources Commission does not guarantee fee safety of
the development and assumes no liability for future damage to
the development. Permits issued in the Ocean Hazard Area of
Environmental Concern include the condition that Matures be
relocated or dismantled if they become imminently threatened
by chatages in shoreline configuration. The swcture(s) mug be
relocated or dismantled within two (2) years of becoming
imminently threatened, and in any case upon its collapse or
subsidence.
The best available information, as accepted by the Coastal
Resources Commission, indicates that the annual long-term
average oc�������QQsion rate for the area where your property is
located ss Mfeerperyear.
The raze was established by careful analysis of aerial
photographs ofthe coastline taken over the past 50 years.
The flood waters in a major storm are predicted to be about
fear deep in this area.
Preferred oceanfront protection measures are beach nourishment
and relocation of threatened structures. Hard erosion coobol
structures such as bulkheads, seawalls, revetments, groins,jades
and breakwaters are prohibited. Temporary sand bags may be
authorized under certain conditions.
The applicant must acknowledge this information and
requirements by signing this notice in the space below. Without
the proper signature, the application will not be complete.
ne� 6/14/2022
°APPBj9CAS�e er's Signature Date
SPECIAL NOTE: This hazard notice is required for
development in azees subject to sudden and massive stones and
erosion. Permits issued for development in this area expire on
December 31 of the third year following the year in which the
permit was issued. Shortly before work begins on the project
site, the Local Permit Officer must be contacted to determine the
vegetation line and setback distance az your site. if the properly
has seen little change since the time of permit issuance, and the
proposed development can still meet the setback requiremed,
the LPO will inform you that you may begin work Substantial
progress on the project must be made within 60 days of this
setback determination, or the setback must be re -measured.
Also, the occurrence of a major shoreline change as the result of
a storm within the 60day period will necessitate re -
measurement of the setback It is important that you check with
the LPO before the permit expires for official approval to
continue the work after the permit has expired. Generally, if
foundation pilings have been placed and substantial progress is
continuing, permit renewal cam be authorized. It is unlawful to
continue work aRerpermit expiration.
For mare information, contact:
x 17 J—&&SOYt
Leoat Permit officer
503H7 n4 N,'? ja
Address
FP1'.5r.a,N6 a7936
Locaw '
?fa- 4175--5979
Phone Number
Revised 0cb1ber20I6

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit Qor✓AsD 1 c i. oy/&CzD LGG
Mailing Address; 3/l3 cii/17/LLd ORfyG
Wfu'ft:R�It.1.Er /fG y8590
Phone Number.
Email Address: r»Gcoy�>7CJlG ��rnacJ• car+7
I certify that I have authorized lrcK /7"1VS'F1110VlE FNS/NEE2ad(rr rG
Agent r Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary forthe follo ingproposeddevelopment eax>Sreoc-rfOr✓ oG
KEN7-AG OTWYE
at myproperty located at 'fl97f DaeA✓ ✓rfW DRr✓E A�onl sic t79is
in P499 County.
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 and their agents to enter
on the aforementioned lends in connection with evaluating information related to this
permit application.
Property Omer Information:
1217
Signatr/e
PoWAJ-0' rn--Ce>Y
Plfnt orTypa Name
a NNe/L
Titre
4 1 2G I z�
pate
This certification is valid Through I 1 Zd ! 2
Revised rtlar: 2016

N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION (MINOR PERMIT)
CFRTIC1F:n RAAll nrrr1 ln.,
s/712 �(
To Whom It May Concern:
This correspondence is to notify you as a riparian property owner that I am appl - g for a CAMA Minor permit to
�Ns7,Cbe-94Al 9eW74G SB1.Q&bAl eo77k;i < po6L.
onmypropertyat `�l`f�( OCE/fM t11JW)Wt1e-' "404mZNG 27%�
in �/�i( LP' County, which is adjacent to your property. A copy of the application and project
drawing is attached/enclosed for your review.
ifyou have no objections to the proposed activity, please mark the appropriate statement below and return to me as soon
as possrble. If no comments are received within 10 days of receipt of this notice, it will be considered that you have no
comments or objections regarding this project.
If you have objections or comments, please mark the appropriate statement below and send your correspondence to: (K.D.
Jackson, Dare County, P.O. BOX 959, Frisco, N.C., 27915)
If you have any questions about the project, please do not hesitate to contact me at my address/number listed below, or
contact (K.D, Jackson) at (2S2-475-5789), or by email at ([e-mail])-
Sincerely,
D,✓/F6D/r�t�0y �%�Ojr�/VC�/�.�
Property O er's Name
3
Address
e Sa)25�-�78�
Telephone Number
l✓/st7gxv1/ 1. L e
City
State
I have no objection to the project described in this correspondence.
I have objection(s) to the project described in this correspondence,
Adjacent Riparian Signature
Print or Type Name
r)Ioaress
City
Date
Telephone Number
State
Zip
Zip
Revised July 2021

N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION 11
T*40?� 1-4
11tame of Ad'acerr Riparian
'f l 9J7 oc r/ V
Address
04 49A) , AJG 2'
City, State 01p
To Whom It May Concern:
This correspondence is to n,
eows evcam/o d R
PERMIT)
You as a riparian property owner that I am applying for a CAMA Minor permit to
on my property at 'f/97/ 4C&/1N ✓/E�J D,Gi✓ �jyo�rA/G 27g✓�'
inCounty, which is adjacent to your property. A copy of the application and project
drawing is attached/enclosed for your review.
If you have no objections to the proposed activity, please mark the appropriate statement below and return to me as soon
as possible. If no comments are received within 10 days of receipt of this notice, it will be considered that you have no
comments or objections regarding this project
If you have objections or comments, please mark the appropriate statement below and send your correspondence to: (K.D.
Jackson, Dare County, P.O. BOX 859, Frisco, N.C., 27915)
If you have any questions about the project, please do not hesitate to contact me at my address/number listed below, or
contact (K.D_ Jackson) at (252-475-5789), or by email at: ([e-mail]).
Sincerely,
i
4,P
Property Owner's Name
'/3 C4W144E
Address City
/e'12 s2- z5S- S�SIo
Telephone Number
«C' : we z lqs90
state
I have no objection to the project described in this correspondence.
I have objection(s) to the project described in this correspondence.
Adjacent Riparian Signature
Print or Type Name
Address
City
Date
Telephone Number
State
211
Zip
Revised July 2021

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PROPOSED vEFFM-E CR(uunCH AREA
PROPOSED CONCRETE AREA
PROPOSED DRAWL AREA
PRCROSED DRELLING AREA
PROPOSED CCEN DECKS
PROPOSED COWRED DECKS
PROPOSED WHICI£ PARKING AREA
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PROPOSED P.(ME w W 4.) p S0. FIT
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Vacant Land Federal
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PARCEL NO. Ot4801999
SEAL
RECEIVE
-)CM-EC
floug-40
ENGINEERING, P.C.
Off"
Box
ENGINEERING,
6475 N. Croolan Hwy, Suip
Kllly Hawk NorlM1 CODOIina 27949
-. fna nI-RZM
Dare County Site Plan
For:
MCCOy Enc LLC
Lacalion:
41971 Ocean View Drive
Lot 10, Kinnakeel Shores Phase 2 Subdivision
Avon Dare Counly North Carolinc
SIZE PROdCi NUMBER REV SHEET N
D 236924 — C1
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