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HomeMy WebLinkAbout01-25 KH - Kuhn, MichaelFECEIVED
Kitty Hawk 01-25 KH fAN 0 7 2025
Local Government Permit Number
CAMA r°�cirur DCM-EC
MINOR DEVELOPMENT'°-
PERMIT
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 Michael Kuhn, authorizing development in the Ocean Hazard (AtC) at 3526 N Virginia Dare Trl, in Kitty Hawk,
NC, as requested in the permittee's application, dated December 1, 2024, and received complete on January 1, 2025,
This permit, issued on January 7, 2025, 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: Structural accessway with 5'x10' (50 sq. ft.) uncovered dune deck, landward of the SVL.
All proposed development and associated construction must be done in accordance with the permitted work plat drawings
dated received 1l1/25 [GS 113A-120]
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]
Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and
modification of this permit. [GS 113A-120]
(Additional Permit Conditions on Page 2)
This permit action may be appealed by the permitfee 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 modification not covered under
this permit, require further written permit approval. All work must cease when this
permit expires on: DECEMBER 31, 2028
In issuing this permit it is agreed that this project is consistemwith 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 8 4401, in the amount of $100, was received on 1/8125 for the permit fee.
f
Rob Testerman
CAMA LOCAL PERMIT OFFICIAL
P.O. Box 549
Kitty Hawk, NC 27949
PERMITTEE
(Signature required if conditions above apply to permit)
Name: Michael Kuhn
Minor Permit # 01.25 KH
Date:112125
Page 2
A copy of this permit shall be posted or available on
completion of work. [GS 113A-1201
E EI\/ED
JAN0 7 2025�+
DGM-EC
at 252-261-3552 for a final inspection at I
Pursuant to 15A NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold or otherwise
disposed of to a third -party. [GS 113A-120]
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 a distance 60 feet, as determined by the
DCM, the LPO, or other assigned agent of the DCM. [07H .0306(a)(1)]
With the exception of those types of development defined in 15A NCAC 07H .0309(a), no development, including any
portion of a building or structure, shall extend oceanward of the ocean hazard setback. This includes roof overhangs
and elevated structural components that are cantilevered, knee braced, or otherwise extended beyond the support of
pilings or footings. 107H .0306(a)(3)]
The permittee is required to contact the Local Permit Officer shortly before he/she 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 .03061
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
Any structure shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline
configuration as defined in 15A NCAC 07H .0308(a)(2)(B). Any such structure shall be relocated or dismantled within
eight years of the time when it becomes imminently threatened, and in any case upon its collapse or subsidence.
However, if natural shoreline recovery or beach fill takes place within eight years of the time the structure becomes
imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or
dismantled. This permit condition shall not affect the permit holder's right to seek authorization of temporary protective
measures allowed pursuant to 15A NCAC 07H .0308(a)(2). [07H .0306(g)]
RECEIVED -
All buildings in the ocean hazard area shall be on pilings not less than eight inches in diameter if round or
eight inches to a side if square. [07H .0308(d)(2)] M .
All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under the
structure. For those structures so located on or seaward of the primary dune, the pilings shall extend to five
feet below mean sea level. [07H .0308(d)(3)]
No development shall be permitted that involves the removal or relocation of primary or frontal dune sand or
vegetation that would adversely affect the integrity of the dune. Other dunes within the ocean hazard area
shall not be disturbed unless the development of the property is otherwise impracticable. Any disturbance of
these other dunes shall be allowed only to the extent permitted by this Rule. [07H .0308(b)(1)]
Sand held in storage in any dune, other than the frontal or primary dune, shall remain on the lot or tract of
land to the maximum extent practicable and may be redistributed within the Ocean Hazard AEC provided that
it is not placed any farther oceanward than the crest of a primary dune, if present, or the crest of a frontal
dune. [07H .0308(b)(7)]
No disturbance of a dune area shall be allowed when other techniques of construction can be utilized, and
alternative site locations exist to avoid dune impacts. [07H .0308(b)(8)]
The oceanfront, uncovered deck within the setback area shall not exceed a footprint of 500 square feet
and shall be structurally independent from the house foundation pilings. [7H .0309(a)(3)], [07H
.0306(a)(6)]
SIGNATURE: `i�ll;'�'f;�Irt I1%Y�lii-.1�.;�%t DATE: ! .1
PERMITTEE ";�- Tp
0 7 2025
M-EC
Locality _. __. Permit Number --- REC
Ocean Hazard _ Estuarine Shoreline _ _ ORW Shoreline.___- Public Trust Shoreline_ Other_
(For official use only)
— - -taw
GENERAL INFORMATION
LAND OWNER — MAILING ADDRESS
EIVED
01
rn, ECEIUE
ti �IAiT� ©9 1I
Name: Michael Kuhn
Address: 3526 N VA Dare Trail
City: Kitty Hawk State: NC Zip; 27949 Phone: 901-831-5736 .___
Email: mikekuhnt@mac.com
AUTHORIZED AGENT
Name: Barrett and Haber LLC dba Emanuelson and Dad
Address: PO Box 448
City: Nags Head State: NC Zip: 27959 Phone: 252-261-22,�2
Email: _ emanuelson6705@outlook.com
LOCATION OF PROJECT: (Address, street name and/or directions to site; name of the adjacent waterbody.)
3526 N VA Dare Trail, Kitty Hawk; Adjacent Waterbody - Atlantic Ocean
DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.),.
new 5' wide x 30' long walkover with 5'00' dune deck and 2 sets of stairs to grade
SIZE OF LOT/PARCEL: �2525 _ square feet _ acres
PROPOSED USE: Residential C? (Single-family G Multi -family 0 J Commercial/Industrial 0 Other 0
COMPLETE EITHER (1) OR (2) BELOW (Contact your Local Permit Officer if you are not sure which AEC applies to your
property):
(I) OCEAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE: __200square 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 IMPERVIOUS 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 o State Stormwater
Management Permit issued by the NC Division of Energy, Mineral and Land Resources (DEMLR)?
YES_ NO ✓
If yes, list the total built upon area/impervious surface allowed for your lot or parcel:. square feet
CAMA Minor Appllca,lon
Poge 6 of 10
REcF ivFD
}AN 0
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 ®tCa
treatment system), Building, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation,
FIA Certification, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway
Connection, and others. Check with your Local Permit Officer for more information.
STATEMENT OF OWNERSHIP:
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 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)
—y'—fan owner or record title, Title is vested in name of -______ Michael and Diane Kuhn see Deed Book 2069
0212 Dare y of De - -------
page in the 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 furthermore 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)
(�) Katharine Terrill 3530 N VA Dare Trail
(2)_ Erik and Jennifer Dom 3522 N VA Dare Trail
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 particular hazard problems associated with this lot. This explanation was accompanied by
recommendations concerning stabilization 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 and their agents to enter on the aforementioned lands in connection wlth
evaluating information related to this permit application.
This the 11 _ day oft1k20 24
a w r or person authorized to act as his/her agent for purpose of filing a CAMA permit application
This application includes: general information this Form), a site droving as described on the bock 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 os may be provided orally by the applicant The
details of the application as detc:lb.d by these sources are Incorporated wlfhovt reference In any permit which may be issued. Deviation from these dmoils will
constitute o violation of any permit. Any person developing in an AEC without permit is sublec to civil, criminal and administrative action.
CAMA Misr Application
Page 7 of 10
an
Docusign Envelope ID: COEE6CEF-2903-4496-64DA-5D2F4DEC0094
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: Michael Kuhn
Mailing Address: 3526 N VA Dare Trail
0 7 2025
Kitty Hawk, NC 27949 DCM-EC
Phone Number: 901-831-5736
Email Address:
mikekuhnl@mac.com
I certify that I have authorized Emanuelson and Dad
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: oonslruct new 5' wide x 30' long dune walkover
with 5'x10' dune deck and 2 sets of stairs
at my property located at 3526 N VA Dare Trail, Kitty Hawk
in Dare
County.
/ furthermore certify that ! 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.
Property Owner Information:
.moo,
Signature
Michael Kuhn
Print or Type Name
Title
10/9/20l24 l
Date
This certification is valid through / !
Emanuelson & Dad
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Certified Mail — Return I
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11/18/2023
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Katharine Terrill
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816 Park Place
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Hampton, VA 23669
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Dear Katharine,
.... _......
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We have been contracted by Micheal Kuhn to do the following work at 3526 N VA Dare Trail, Kitty Hawk'
1. Construct 5' wide x 30' long dune walkover with 5'x10' dune deck and 2 sets of stairs to grade F(�0 p
As the adjacent riparian property owner, I am required to notify you of the project in order to give yod t F `' F" !°% E D
opportunity to comment on this project. Please review the attached sketch for additional information.
We ask that you sign the attached Waiver Form and return it to us as soon as you can. You may scan 7AN 0 7 2025
and email, fax or simply mail. If you have any questions, please do not hesitate to contact us. Should you
have any objections to the proposed work, you may contact Rob Testerman, Local Permitting Officer fcfi G'_ �'�
the Town of Kitty Hawk, at 252-261-3552, by email at rob.testerman@kittyhawktown.net, or in writing t
PO Box 549, Kitty Hawk NC 27949.
We thank you for your cooperation in this matter,
SENDER: CoA,7PLETE THIS SECTIoN COMPLETE THIS SECTION ON DELIVERY
Sincerely, ■ complete Remy 1, 2, and 3. A slgnature
r Pont your name and address on the reverse X O Agatt
$0 that we can return the cared to you. ❑ AddreOyae
■ Attach this card to the tack of the mallpleca, B. Re lvs7d���by (Pdntad Name) C. Dato ofDgI�
or on the front if soave DerrnRs. ( n�^5 I r 1 t i _"1�i5N
Lorelei Barrett ""°"' D•dsdev&yaddremaftentfmmttemia ❑vel
If YEa, a ter delhreryaddress below. O No
Emanueison & Dad
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www. ema n ue lso ndad.com
N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION (MINOR PERMIT)
CERTIFIED MAIL RETURN RECEIPT REQUESTED or HAND DELIVERED
Katharine Terrill
Name of Adjacent Riparian Property Owner
816 Park Place
Address
Hampton VA 23669_____
City, State Zip
To Whom It May Concert:
11 /18/2024
Date
RECEIVE®
JAN 0 7 2025
®CM -EC
This correspondence is to notify you as a riparian property owner that 1 am applying for a CAMA Minor permit to
construct 5' wide x 30' long dune walkover with 5'x10' dune deck and 2 sets of stairs to grade
on my property at 3526 N VA Dare Trail Kitty Hawk _
in Dare _ County, 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:
If you have any questions about the project, please do not hesitate to contact me at my address/number listed below, or
contact
Sincerely,
Michael and Diane Kuhn
Property Owner's Name
901-831-5736
Telephone Number
3526 N VA Dare Trail Kitiv Hawk, NC 27949
Address
City
State
I have no objection to the project described in this correspondence.
I have objection(s) to the project described in this correspondence.
I-��t.,_a
Adjacent Riparian Signature kA-t t4 is iz t i-f h- �e I�tX f b1t
Print or Type Name
Date
Telephone Number
Zip
Address City State Zip
Revised July 2021
Emanueison Dad
Certified Mail — Return Receipt Requested
11/18/2023
Erik and Jennifer Dorn
1200 Chadwick Ave
Alexandria, VA 22308
Dear Erik and Jennifer,
PO Box 448
Nags Head, NC 27959
Phone:252-261-2212
Fax:252-261-1115
JAN 0 7 2025
DCM-EC
We have been contracted by Micheal Kuhn to do the following work at 3526 N VA Dare Trail Kitty Hawk:
1. Construct 5' wide x 30' long dune walkover with 5'x10' dune deck and 2 sets of stairs to grade
As the adjacent riparian property owner, I am required to notify you of the project in order to give you the
opportunity to comment on this project. Please review the attached sketch for additional information.
We ask that you sign the attached Waiver Form and return it to us as soon as you can. You may scan
and email, fax or simply mail. If you have any questions, please do not hesitate to contact us. Should you
have any objections to the proposed work, you may contact Rob Testerman, Local Permitting Officer for
the Town of Kitty Hawk, at 252-261-3552, by email at rob.testerman a@kittyhawktown.net, or in writing to
PO Box 549, Kitty Hawk NC 27949.
We thank you for your cooperation in this matter
Sincerely,
Lorelei Barrett
Emanuelson & Dad
r
www.emanuelsondad.com
Y'
J
N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION (MINOR PERMIT)
CERTIFIED MAIL RETURN RECEIPT REQUESTED or HAND DELIVERED
11/18/2024
Erik and Jennifer Dorn Date
Name of Adjacent Riparian Property Owner RECEIVED
1200 Chadwick Ave
Address
Alexandria. VA 22308 1AN 0 7 2025
City, State Zip
To Whom It May Concern:
This correspondence is to notify you as a riparian property owner that I ant applying for a CAMA Minor permit to
construct 5' wide x 30' long dune walkover with 5'x10' dune deck and 2 sets of stairs to grade
on my property at 3526 N VA Dare Trail. Kitty Hawk
in Dare __-__ County, 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:
If you have any questions about the project', please do not hesitate to contact me at my address/number listed below, or
contact
Sincerely,
Michael and Diane Kuhn
Property Owner's Name
901-831-5736
Telephone Number
3526 N VA Dare Trail Kilt LHawk, NC 27949
Address
City
State
_ f I have no objection to the project described in this correspondence.
1 have objection(s) to the project described in this correspondence.
Adjacent Riparian Signature
E"r_� l7drh
Print or Typo Natne
IIA-FIZy Date
5-71- f6 P-9w FF
Telephone Number
Zip
35zy N . yA Bare Ira ( K- tAy 7f f?
Address City Statc Zip
Revised July 2021
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RECEIVE
JAN 0 7 2025
DCM—EC
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OCEAN HAZARD AEC NOTICE
Pro)sct is In an: X Ocean Erodible Area
Property Owner. t`t'C*AOL ar 'ptnare KUWJ
Property Address: 35ata t I Yiacflu+err PMut j
Date Lot Was Platted: _ti 11 111
this notice is intended to make you. the apphcaut_ aware of the
special risks and conditions associated with development m this
area, which is subject to natural hazards such as storms,erosion
and currents. The rules of the Coasiel R.e5oorees Commission
require that you receive an AEC Hazard Notice and acknawltdgr
that notice in writing before a permit for development can br
issued.
The Commission's roles on building standards. oeeanfronl
setbacks and dune alterations arc designed to mimnrize, but not
eliminate, property loss from hazards. By granting permits. the
Coastal Resources Commission does Doi Ruamnico the safety of
the development and assumes no liability for future damage to the
timclopmem. Permits issued in the Ceemt Hazard Area of
Emirotimrnwl Concern include the condition that strucaims be
relocated or dismantled if they become imminently threatened by
changes in shoreline configuration. The sauctura(sj must be
tslcxaied or dismantled within Iwo 02) yeas of bewmmg
imminently lineatened. and in any case upon its eoltspae or
subsidancc
Inlet Hazard Area
SPECIAL NOTE Thic hazard notice is required for
developmear in areas subject to sudden and massive storms and
erosion. Permits issued for development in lhis urea aepire on
Deeembo 31 of the third year following the year in which the
perinit was issued, Shortly Were work begias on the projecl site.
the Local Permit Officer must be enntaeted to determine the
vegetation line and setback distance At your site if the property
has seen little change since the time of permit issuance. and the
proposed development tan still meet the setback requiremiatt. the
LPO will infann you that you may begin work. Substantial
progress an the project must be made within 60 days of this
setback determination, orthe setback must be rrmaisurcd. Alan,
the occurtaDue Ufa majat shoreline change aslhe result of a storm
within the 60-day period will necessitate re -measurement of the
setback. It is important that ymu check with the LPO befaie the
permit expires for official apprmal to continue the work after the
permit has expired. Generally. if inundation pilings have Iran
placed and substantial prngresc is continuing, permit renewal can
be authorized. It is unlawful to continue work after permit
"piralion.
*[bebesi available tororrnation, as accepted by the Coastal
Resources Commission, indicates that the annual long-term For more information, conmen
average ocean erosion rate for the area where your property is
lacam it is a.o fcci bur year. Rob Testerman
The rate was atuh6bcdbycarefulanalysis ofacrmalphotographs Local PermitORit:er RECEIVED
of the coastline taken ever the past so yeats. GC
P.O. Box 549
?Ire Rood waters in a major siorm are predicted to be about
It) foatdeep inthis arw 10'unrV ebA-'4 'EiarpCkZynT.aoAddress JAM 07 2025
Prelerred oceanfront protection measures are beach nounshrneat Kitty Hawk. NC 27949 �Cn l �
and relocation of threatened structures. Hard erosion tontttol
structures such as bulkheads, seawalls, reemicats, groins. jeates Locality
and bmakw•alcm are pmldliked. Temporary sand bags may be
authonzed under certain conditions. 252-261-3552
Tile applicartt must acknowlccigc this information and Phone Number
regvwemcnts by cigntng this notice in the space below Without
the proper aiynature, the application will not be complete.
r
i
7
Properly Owner's Signature date
Revised Wolin; 2016