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HomeMy WebLinkAbout79983D - Oak 0 0 CAMA / '❑DREDGE & FILL.-A/ N° 79983 A B C D GENERAL PERMIT Previous permit# >' ❑New iiModification ❑Complete Reissue ❑Partial Reissue Date previous permit issued As authorized by the State of North Carolina,Department of Environmental Quality ii and the Coastal Resources Commission in an area of environmental concern pursuant to I 5A NCAC d 71/, so ) ❑Rules attached. Applicant Name TO ► OO4( (561 d Project Location: County 15)✓147Siv,1. I Address 460 1 Et/Si c f c4Cv,,l3 t Ale Street Address/State Road/Lot#(s) riffafx h - 9)141 ) City (?o It <sllf,+t d State N C-ZIP a 46 s la cf.'`-‘ St f 1 .ire P-t nG,1 Phone# ( 9d2) 2O 18CJ2 E_Mail Sea 4?itls6(.,oak-I.Sk+vii Subdivision - ,kit, KS /' Authorized Agent 92� a wA fells City (it IC I s Icvlcj ZIP Affected ❑CAN Cif EVV APTA ❑ES ElPTS 1Phone# ( ) River Basin Lil•1jji y' AEC(s): ❑oiFA CIHHF ❑IH ElUBA CI WA Adj.Wtr. Body b64 'S (C1414,i a /man /unkr ❑ PWS: , Closest Maj.Wtr. Body 47� 1" ORW: yes / 0 PNA / no Type of Project/Activity , v/‘)..-AX t (f r !'<'//iii rd1// �QYI di14fp/4 / i7'ra111Q /5.1"/i S (Scale:4,7 5 ) Pier(dock)length ---- 1 Fixed Platform(s) + I 1 Floating Platform(s) 'XL-k- Finger pier(s) _ Groin length b I L number .... I — Bulkhead/Riprap length — �. F.._..`' _ .._i { ", avg distance offshore — ' , max distance offshore -- I ! t Basin,channel I (i I ; I it 1,40,,...4.0.1 • cubic yards _.. j gym Boat ramp { ! avAve" Boathouse/Boatlift 3E I — ,----1- — - 4.-t; ; fifilsjir , . , _________ ,,.__A___ I . i Beach Bulldozing ' -- i i Other { i Plait/ FMtr- ' $4 . u15t t { Shoreline Length ^S" I g i • D4,J t o n SAV: not sure yes e , 54frezi , _ : f Moratorium: n/a yes o Photos: yes e 1, 1 4_ , , ,_ — I Waiver Attached: yes A building permit may be required by: . ❑See note on back regarding River Basin rules. (Note Local Planning Jurisdiction) � , ��� Notes/Special Conditions M rU.47 (f f�(7/Jr /511C. ,/NG 'eii (IiC/ ,,e� / �p A ef/ I ,/.-el 4,OA (1)1"),. (10 ti ,4,P fly:7:4.f! , 4-1ca f,►.) cd 7 c 1 - 44e *7.S. 4 i-- JJ u.-% S.- /s uli)Jvv ,12 S C., Agent or Applicant Pr ted a Permit Officer's Printed Name Signature **Please read compliance statement on back of permit** Signature LAMA/ DREDGE & FILL 6111 GENERAL PERMIT L.: ) ii ! A B C a'.Jev: lodification Complete Reissue Partial Reissue DatePr eviou previouss permitpermit# issued___ As authorized by the State of North Carolina,Department of Envu-cnmental Quality A 7!H. 5n/ and the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC auks attached.Applicant Name I C INAN._c{ (,'O.(t 15411 V Project Location: County j', i?S'v'C k Address 4(;c I _Eu>j Cu - �'��k:tt,_a'lie Street Address/State Road/Lot#(s) `JNqz:(�i hi,, sir L gd City (,1.(1. tS4itd State. /I/ ZIP 2.. 4ics Phone#. ( C(t()_)C 1 5U.f.):4: E-Mail S ed Ka4Se;C,.talk-r.sh4 VI Subdivision_._ — _.. _ rill,ifS r�� r J ZIP Authorized Agenc .5�•"C-k:d•✓tt/,1 . City l c"'L-16 kv k .- River Basin L 0/716tc Affected CW XEW .F.,-PTA ES PTS Phone# ( )_ /_^� AEC(s): OEA HHF IH UBA NAAdj.Wtr.Body bill' !feit7L,.1 6/man./unkn) PWS: ORW: yes PNA no Closest Maj.Wtr.Bcdy .0.114t, -- --. Type of Project/Activity 7/'i t% /t /' ' !C ! • Ea . S e •� i •; Sri/ .�cn,c-,...I I: (Scale:/j/TS ) P or:dock)length -- -- -- Fixed Piadormus) ..... ---.-- Floating PLidorm(sl 1XC X L Finger pier(s) y, Groin length — _ ---v v tUetA,1 number — tf,.'r1��r Bulkhead:Riprap length — C,[7J✓ <'i- avg distance offshore — 4-' max distance offshore -'�ri1f tfilFlGtC Y.ltitf� — Basin,channel + __ (Srle kvi-rkito-ty -...._ do �1 :v/a' • cubic yards ------- - _ `Y =C� Boat house RrP, + 1 Boa:housc:'Boaddt `�_ 6j4rxt fr r-i: t;'— ��� - --- / Lei beach Bu!Idoz ng i O:her ----- .. -- piaci: tau, eu r Eo,s*r Shorehric Length ti - F�'A,crl/1 SAV: nor sure yes f - Moratorium. n/a yes Photos yes to ' Waiver Attached yes e9 -..-.---.- t - __. . A building permit may be required by: Sec note on back regarding River Basin rules (Note Local Planning Jurisdiction) � ��)/� ��.// /�� / Notes/Special Conditiionnssr /a /C(,&T fJ / ; .1 G) !•e 'n C/C1l/ 1 7L:%t7 /ti fD e{Ct/s:-CQ-rt-f __C .► c m y J r /-k-e--,,-,/,. • cxt 7.9 ck r i 1�i )+-e- In C t--_t>/ • /I/.-r Ir-t S e r S ✓ .r !✓A_And •c/i Gsf r . Stpv�i . E�W CW L 1 A -�- . �S —_[g_W_>7 _O.[-�����ltn� ICLfV)�•t�L-_/�^il Agent r Pnnted Name Pvri,i tOfficer's Pnnted Name Signature "Please read compliance statement on back of permit•* Signature ----- N//i -_ .1,4re / 0,os 5/14/2( sr/s/,(t Application Feels, Check# Issuing Date -- Expiration Date I k. i‘t . , ' __ � r 20'x 6'floating dock \ \ . • f a �z A Ai .. . 4q . a.. " . 1-ishing,crab i casting 4:4110710, Moot Buffer , 5 w ti x,. • C_ 0 It*.- .,,, - „ - Er. x ;— -« w;. Town Boundary Map N Legend Map is to be ee.d toonly streets Town of Oak Island,North Carolina sAd how the general vicinity. Map created by oedre not 100% puarsnteed for Jake Va res 1 Town Boundary for°rep neral iInformation•]d Town of Oak Island `� 0 10 20 40 Feet purposes only. Data used Development Services Department C—I (ETJ)Extra-Territorial Jurisdiction I i 1 t 1 i 1 1 I to generate this map was 5/4/2021 pothered from dieparete sources. Water Features 0 0.00125 QOOM 0A05 0.001e 0.01 Man irefox https://outlook.office365.com/mail/deeplink?popoutv2=184versil • representative serving Southern New Hanover County. 'Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: MacPherson,Tara <tara.macphersonPncdenr.gov> Sent:Tuesday, March 30, 2021 11:03 AM To:Amico, Patrick J <Patrick.Amico@ncdenr.gov> Subject: FW: [External] Oak Island -SE 9th Street Canal Walkover Floating Dock Replacement FYI, but there is an objection. We are waiting to hear from the Town. I attached the objection as well.... Tara MacPherson Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7266 office 910 395-3964 fax tara.macphersonAncdenr.gov 127 Cardinal Drive Ext Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From:eb@statureengineering.com [mailto:ebPstatureengineering.com] Sent: Monday, March 29, 2021 5:27 PM To: MacPherson,Tara <tara.macpherson@ncdenr.gov> Subject: [External] Oak Island -SE 9th Street Canal Walkover Floating Dock Replacement CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam. Tara, The Town of Oak Island would like to replace the floating dock that was damaged by Hurricane Isaias. This floating dock provides public access to the waterway. Adjacent owner notification receipts and agent authorization are attached. • STATURE SE ENGINEERING sw1CRIM 010111111118 a ( PRDECT immosor raniu riciarlit sw RM %%"\III IIII///// ►� SEAL n 9TH PLACE E, OAK ISLAND, NC = • C-4719 •.. i • `` '' /'''/nnIIIIn��``````` SCOPE OF WORK: Eu1o�y;A'Ir�'y 1)REMOVE AND REPLACE 6'X20'TIMBER — : s E� FLOATING DOCK. B .•( i 2)REPLACE TIMBER PILE SUPPORTS(2 TOTAL). c\:?.., y3's4o7 Jam S. ` PO 3)REPLACE CRIB FRAMING TO KEEP BOTTOM F . i :: OF FLOATING VE TING DOCK A BOTTOM.MINIMUM OF 18" ��'*F;;IE3..?'0 9TH AND 20TH STREET )r ,• CANAL WALKOVER i b CAMA PERMIT MODIFICATION PROJECT NO 20001 DATE 3/17/2021 SCALE AS SHONA DeAVM ev e9W I eea Mae ESP SI irefox https://outlook.office365.com/mail/deeplink?popoutv2=1&versi( Please let me know if you need any additional information. Thank you, EB E.B. Pannkuk, P.E.SECB LEED Accredited Professional Stature Engineering, P.C. 910-622-5261 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: David Kelly, Town Manager Mailing Address: 4601 E. Oak Island Drive Oak Island, NC 28465 Phone Number: 910-201-8002 Email Address: dkelly@ci .oak-island.nc .us I certify that I have authorized E.B. Pannkuk, PE Agent/Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: SE 9th and SE 20th Streets Canal Walkover hurricane repairs. at my property located at SE 9th and SE 20th Streets, Oak Island in Brunswick County. I 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: Signet Print or The Name Title / t7 / Zaz Date This certification is valid through 6 I 1 / 2021 • i i-r COMPLETE THIS 'FCTION ON DELIVERY SENDER: COMPLETE THIS SECTION A. Signs / � ,'Agent ■ Complete items 1, 2, and 3. , ■ Print your name and address on the reverse )( , ❑ Addressee Delivery), so that we can return the card to you. {Pnnte• C. e of DelivO ■ Attach this card to the back of the mailpiece 1 or on the front if space permits. Wirr- 1. Article Addressed to: D. Is delivery address different from item 1? CI Yes If YES,enter delivery address below: M 6 i ya vc,Q (;c,. .z. (<< z7 IL) Reci ila/ v C�•i 4 c c____---- - /5 r is' i ,4-O .A u: , 2 r i2 72 71 Z 3. Service Type ❑Priority Mail Express® ��, El Adult Signature El Registered Ma11TM' ++ �� stricted 1��� III �����II�� tkllllltlfll O Adult Signature Restricted Delivery ❑Registered Mali Rem IIII(IIl liii II fl O Certified Mail® Delivery ❑Certified Mall Restricted Delivery 0 Signature ConfirmatiofTM 9590 9402 6166 0220 7848 77 ❑Collect on Delivery 0 Signature Confirmation ❑Collect on Delivery Restricted Delivery Restricted Delivery 2._Atticle Number JTranSfer from servfIe 0 Insured Mall 7020 0090 0001 4261 8824 ❑Insured Mail Restricted Delivery (over S500) Domestic Return Receipt PS Form 3811,July 2020 PSN 7530-02-000-9053 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. A. Signature • Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑ Addressee • Attach this card to the back of the mailpiece, B. RecrVpx(P ' tad Name) C. Date of Delivery j or on the front if space permits. ((�� /Gi 3-2-V.-l_ 1. Article Addressed to: D. Is delivery address different from item 1? . Yes tp If YES,enter delivery address below: El No • Z 0 ( c;l-I pi, c e . £e.L 2sl•t, ', C Z8Ll6S 3. Service Type ❑Priority Mail Express® I 1 I1111I liii II 11111111 III.1111111111 Il ❑AAdult SI dult Signature griatureMall® Restricted Denvery 00 Delivery Mail Restricted D 9590 9402 6166 0220 7848 91 0 Certified Mail Restricted Delivery 0 Signature Confirmation"" ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service Labe!) Cl Collect on Delivery Restricted Delivery Restricted Delivery O Insured Mail '70.� 0 (in 4.111) (')fv?.. 1 u r1 1 L- % �C Q / ❑1nsureci Matt Restricted Delivery Robe 20 f 9rt and th EBeverly Wilczek RE...0 :. , .C1 Oak Island,NC 28465 March 24,2021 i,cf,if �:r • r,: - f.. Division of Coastal Management Stature Engineering 127 Cardinal Drive Ext. PO Box 1429 Wilmington,NC 28405-3845 Carolina Beach,NC 28428 Dear Sirs: We recently received notification of a permit application to replace a floating dock located next to the south end of the 9th Street canal walkover. This letter is to express my objection to the replacement of this dock which was damaged by the hurricane in August 2020. This dock is a nuisance to users of the walkway,as it is frequently utilized by fishermen collecting bait. These fishermen not only fish and collect bait from the dock but also fish directly on the walkway,both of which are in conflict with Oak Island city ordinance Sec. 22-4. There are two other walkways to the east of the 9th street walkway, neither of which have a floating dock primarily due to safety and congestion issues caused by a floating dock. There is no designated parking near the 9th St. walkway and the users of the floating dock park haphazardly at the north end of 9t Place East often blocking free access to the walkover entrance. There is no turn around space at the end of 9t Place East forcing vehicles to either back out into a blind corner at E Pelican or try to turn around in the small space near the walkway often getting stuck or damaging property on the side of the road. The location is the most over fished spot on Oak Island. It is such easy access from the ocean that fishermen constantly come to this spot to get bait, resulting in damage to the wildlife population in the area. Since the closure of the dock and walkover, we have noticed a substantial increase in bird population in the area,at least until the walkway repairs began. The dock is a detriment to my property at 201 9'h Place East. Dock users are indiscriminate as to the time of day they use the dock,often disturbing my family and guests in early morning and late evening hours with their loud vehicles and bright lights.The previously mentioned parking issues frequently make access to my property difficult. There is no lighting in the dock area making for an unsafe area after dark, not to mention a convenient location for illicit activities. The area is not often patrolled by police and it is easy for perpetrators to stay out of site on the dock. Many users also leave trash in the area despite the city trash cans located nearby. It is also frequently used as a restroom area by beach goers. Please consider our objections outlined here and do NOT approve the replacement of this floating dock. Please contact us at 303-549-2010 if you have any questions on our objection. Sincerely, ej,i,t, • „.,___ _.„),,,,y6 z.,/,p6ca..„ ..,...(4.4 Robert and Beverly Wilczek 4CK I tritu d1AlL • Kt IURN KEGEIP JQ4uee r s*v DIVISION OF COASTAL.MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICA1IONIWAIVER FORM f?.ctIvt Name of Property Owner. Robert and Beverly Wilczek Address of Property: 201 9th PL E, Oak Island, NC 284651/4 (Lot or Street II, Street or Road, City 6 County) `/ Agent's Name#: Mailing Address: Agent's phone#: I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawingthe development they are proposing. A description or drawino,with dtmenjions,n ust be orovided_with ettg Otter. I have no objections to this proposal. X I have objections to this proposal, if you hove objections to what Is being proposed,you melt nay the Division of Coaxal Management(DCAO In writing within 10 days of receipt of this notice. Coneepoh c•Should DI mailed to 127 Cardinal Drive Ma, Wilmington, NC, 28405.3846. DM representatives can.• . o be contactsdat(910) 756-7216.No response is co►sidared the same as no objection l you have b$ ,no U byC �dMaft. , WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15'from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) __,_,T,„_.___I do wish to waive the 15'setback requirement. AL)12IL/I do not wish to waive the 15' setback requirement (Property Owner Information) ( jafent Props O ner Information) Signature Signature c). Owner ' s Agent : Robert and Beverly Wilczek E .B . Pannkuk, PE Print or Type Name Print or Type Hems PO Box 1429 201 9th PL E Mailing Address Melling Address Carolina Beach, NC. 28428 Oak Island, NC 28465 city/Stete/ZIp City/Stale/Zip 910-622-5261 :(J) - 5 � 7 )-() 1 Telephone Number Telephone Nuatber 3/16/2021 _ 1/ �LL 2-+ Date Dais Revised 6/18/2012 9TH PLACE E, OAK ISLAND, NC SCOPE OF WORK: ` 1) REMOVE AND REPLACE 6'X20 TIMBER FLOATING DOCK. f 2) REPLACE TIMBER PILE SUPPORTS (2 TOTAL). it. 3) REPLACE CRIB FRAMING TO KEEP BOTTOM OF FLOATING DOCK A MINIMUM• OF 18" =r w - ABOVE CREEK BOTTOM. F- 'der � : hr "M 7 ClIf J%ib µ uY_• . .. ` -..,�„*-...ter... .,.�+r......t � ,� y E F�p� Amico, Patrick J From: Amico, Patrick J Sent: Friday, May 14, 2021 1:39 PM To: robertwilczek@msn.com Subject: General Permit for Floating Dock Replacment Attachments: Objection Response.pdf; 7H 2500-08262016131832.pdf; 9thPlEastOKl.pdf;thirdparty.pdf Mr. Wilczek: Please see attached response and appeal materials (if you should choose) for your objection to the Town of Oak Island replacement project at 9th Place East. Please feel free to call my cell if you have any questions or comments. Thanks, and have a great weekend, Patrick Patrick Amico Environmental Specialist NC Division of Coastal Management Department of Environmental Quality 910 796-7425 office 910 515-5792 mobile (preferred for voicemail) 910 395-3964 fax patrick.amico@ncdenr.gov 127 Cardinal Drive Ext Wilmington, NC 28405 Please note beginning 3/22/2021 I will be working in Eastern Brunswick County and no longer be the field representative serving Southern New Hanover County. --''Nothing Compares--‘,_ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ' ',, ,=� ROY COOPER Governor :: --'-'' , it., , a MICHAEL S. REGAN Secretary BRAXTON DAVIS Director May 14, 2021 Robert Wilczek 201 9th Place East . Oak Island,NC 28465 Dear Mr. Wilczek: This letter is in response to your correspondence, which was received by the N.C. Division of Coastal Management on March 29,2021,regarding your concerns about the proposed development by the Town of Oak Island, at property located at the 9th Place East street end, adjacent to the Davis Canal, in Oak Island,NC. The project consists of the replacement of a floating dock damaged by Hurricane Isaias within the Estuarine Shorelines Area of Environmental Concern(AEC). Based on consistency with the Rule requirements outlined in 15A NCAC 07H. 2500, a permit has been issued to authorize the development. I have enclosed a copy of the permit,as well as the relevant statutes. If you wish to contest our decision to issue this permit,you may file a request for a Third Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director,Division of Coastal Management,in writing and must be received within twenty(20)days of the permit decision. I have enclosed the applicable forms and instructions that must be filed prior to that deadline. Please contact me at 910-515-5792, if you have any questions,or if I can provide any additional information. Respectfully yours, Patrick Amico Field Representative N.C. Division of Coastal Management 127 Cardinal Dr. Extension, Wilmington,N.C. 28405 Cc: WiRO files State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext,Wilmington,NC 28405 919 796 7215 CAMA THIRD PARTY DCM FORM 5 HEARING REQUEST FORM DCM FILE No: PETITIONER'S NAME COUNTY WHERE THE DEVELOPMENT IS PROPOSED PLEASE TAKE NOTE that the undersigned,a person affected by the decision of(check one): a Local Permit Officer acting on a CAMA Minor Development Permit application; or the Division of Coastal Management acting on a CAMA Permit application hereby requests permission from the Coastal Resources Commission(CRC) to file an appeal pursuant to N.C.G.S. § 113A-121.1(b)and 15A N.C.A.C. 07J .0301. (Please attach a copy of the permit. If you cannot obtain a copy of the permit,please provide the name of the permittee, the project location, and the permit number.) Requests are reviewed and determined by the chairman of the CRC to determine whether a hearing should be granted. 15A N.C.A.C. 07J .0301(b). Approval of a Third Party Hearing Request allows a petitioner to file a contested case petition with the Office of Administrative Hearings within twenty(20)days of receipt of the CRC's Order. N.C.G.S. § 113A-121.1(b). Denial of a Third Party Hearing Request is a final agency decision which may be appealed to Superior Court under N.C.G.S. § 113A-121.1(b) and Chapter 150B,Article 4. For this application to be complete,the Petitioner must address each of the three factors listed below. The CRC's chairman's decision to grant a hearing will be based on whether the Petitioner: (1) Has alleged that the decision is contrary to a statute or rule [N.C.G.S. § 113A-121.1(b)(1)]; (Please cite the statute or regulation allegedly violated by the permit decision.) (2) Is directly affected by the decision [N.C.G.S. § 1 13A-121.1(b)(2)]; and (Please describe how you are directly affected by the permit decision. Persons directly affected by a decision often include, but are not limited to, owners of real property in the vicinity of the proposed development who can show that it is likely to have a significant adverse effect on the value and enjoyment of their property, or persons who can demonstrate a history of substantial use of public resources in the area directly affected by the development.) (3) Has alleged facts or made legal arguments that demonstrate that the request for the hearing is not frivolous [N.C.G.S. § 113A-121.1(b)(3)]. (Summarize the evidence and arguments you would present at a hearing in support of your appeal explaining why the permit was improperly issued.) Please answer these questions on a separate piece of paper and attach it to this form. The Commission notes that there are some opinions of the State Bar which indicate that non-attorneys may not represent others at quasi-judicial proceedings such as this Third Party Hearing Request before the Commission. These opinions note that the practice of non-lawyer professionals, such as engineers, surveyors or contractors, representing others in quasi-judicial proceedings through written argument may be considered the practice of law. Before you proceed with this hearing request, you may wish to seek the advice of counsel before having a non-lawyer represent your interests through preparation of this Petition. DELIVERY OF THIS HEARING REQUEST This request must be received by the Division of Coastal Management(DCM)within twenty(20)days of the date of the disputed permit decision. N.C.G.S. § 113A-121.1(b). Failure to do so constitutes waiver of the right to request a hearing. A copy of this request must also be sent to the Attorney General's Office,Environmental Division. 15A N.C.A.C. 07J .0301(b). Contact Information for DCM: Contact Information for Attorney General's Office: By mail,express mail or hand delivery: By U.S. mail: Director Environmental Division Division of Coastal Management 9001 Mail Service Center 400 Commerce Avenue Raleigh,NC 27699-9001 Morehead City,NC 28557 By express mail: By Fax: Environmental Division (252)247-3330 114 W. Edenton Street Raleigh,NC 27603 By Email: Check DCM website for the email By Fax: address of the current DCM Director (919) 716-6767 www.nccoastalmanagement.net Based on the attached responses to the above factors,the undersigned hereby requests a third party hearing. Signature of Petitioner or Attorney Date Printed Name of Petitioner or Attorney Email address of Petitioner or Attorney ( ) Mailing Address Telephone number of Petitioner or Attorney ( ) City State Zip Fax number of Petitioner or Attorney Updated: February 2011 • l ::CAMA DREDGE & FILL ili;is i ,ji4; A B C Q GENERAL PERMIT Previous permit# )r'New Modification Complete Reissue Partial Reissue Date previous permit issued As authonzed by the State of North Carolina,Department of Environmental Quality 7 c , and the Coastal Resources Commission in an area of environmental concern pursuant to ISA NCAC C / -Rules attached. Applicant Name 'C tti'� L (,j t.it --IStaq Y Project Location: County 6✓Z'rls't/,[k - ._t- r Street Address/State Road/Lot#(S) `JN'/R J i? S"t S�4t z`' Address c�(;1, � _EU'St Ct.� S�{,�t� Q"ti� City _,jjk .1,,ii.ti State AlC"ZIP )1 E,c Phone#( ycc) 2C ( St,'% E.Mail 5ed Ka 05 Cf.ctik-is/444i Subdivision >rtL:it.s Authorized Agent �t'- �h�ki.A4 5 City -.!S(t.V'k ZIP cw XEW XPTA -ES -PTS Phone# ( )_ River Basin (.r /74e/r Affected man_runkn j AEC(s): OEA HHF IH UBA NIA Adj.Wtr.Body.__Pat,'_-c(an„(' - a PWS, �.C �� Closest Maj.Wtr.Body c� -- ORW yes 63) PNA isl i no/ r�� / / /I���� Type of Project/Activity 7zyt-:a,.�. t f 2 iZCi frit/bp ib( //470- 'pr/ 4. /7///fl //?'1� /rl"r4S / l (Scale:/t' S ) Pier idock,length -- - Fixed Platforms) ____ Floating Platform(si X L Finger pieris) Groin length �.� _ --./.tPei/404:4 - number — u Bulkhead Riprap length - t tl\J avg distance offshore-...- max distance offshore -- IC t_.;ry (C+. tf -- Basin,channel --- . - (Z Scyrrickttoty , cubic yards w t ¢6 Boat ramp - °^ - • �Y Boathouse.'Boathfc / __ 4feM - ' t `'rfrr Beach Bulldozing j Other 201g"t `lam yi,3 N> PJu }r E 5.1 Shoreline Length_. _.L i -l •P-eji run �l i Trier not sure yes V end Moratorium. n'a yes Photos. yes e / Waiver Attached. yes A building permit may be required by: See note on back regarding River Basin rules. (Note Local Planning Jurisdiction) // _ //. tl /�f Notes/Special Conditions At( nt 6,."77 1/ft. / ci. .AL, eij r e_e_ ,'h,4) ft t//,:,,C_E��'�sJt,,t C%'l�Y,rIC'Y ,`-jam /E, Ica-hie oi['t Ti i17S7i • C� JJLr..� f�S & C1C « _ Agent or Applicant Pnnted Name PermitOfficer's Pnnted Name Signature "'Please read compliance statement on back of permit'* Signature v'//} vV41 f. ,l, t /sQ.ras s 14/2_f — _OS l a Application Fees) Check# Issuing Date Expiration Date Fwd: [External] FW: Objection to 9th street crossover MacPherson, Tara <tara.macpherson@ncdenr.gov> Wed 5/5/2021 9:08 AM To: Amico, Patrick J <Patrick.Amico@ncdenr.gov> 3 attachments(3 MB) OKI Code of Ordinance_Sec._22_4._All_walkways..pdf;9thPlaceEast_FloatingDock.pdf;CAMA Sectio.1200-General Permit for Construction of Piers and Docking Facilities.pdf; FYI Get Outlook for iOS From:Steve Edwards<SEdwards@ci.oak-island.nc.us> Sent:Tuesday, May 4, 2021 5:48:39 PM To: robertwilczek@msn.com <robertwilczek@msn.com> Cc: MacPherson,Tara <tara.macpherson@ncdenr.gov>;Amico, PatrickJ <Patrick.Amico@ncdenr.gov>; Kelly, David <dkelly@ci.oak- island.nc.us>; pwdirector<pwdirector@ci.oak-island.nc.us>; planner<planner@ci.oak-island.nc.us> Subject: FW: [External] FW: Objection to 9th street crossover CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam. Mr. Wilczek Thanks for taking my call and giving me the opportunity to discuss the 9th PI East floating dock project and to address your concerns. As discussed, I am forwarding you the email string, with Tara MacPherson, DCM District Manager, regarding your objections and staff's response. In addition I have attached the OKI Code of Ordinance Sec. 22.4, an aerial map showing the floating dock location and riparian setbacks, and the CAMA regulations for piers and docking facilities for your review. Our conversation today leaned more towards public behavior and a difference of opinions on the interpretation of the attached code of ordinance Sec. 22.4. It is my interpretation that the floating dock is not part of the scenic walkway and is not subject to Sec. 22.4. However, it is my opinion that the floating dock would be subject to Sec. 22.4 if it were within 30 feet of the adjacent scenic walkway's access area; which, I had a 30 foot buffer zone overlaid on the attached aerial plan showing that the floating dock is outside of this 30 foot buffer. With regards to public behavior I strongly encourage you to continue to call Oak Island's police department when there is an issue. As to your comments regarding the lack of police enforcement, I would recommend that you speak with Oak Island's Police Chief. We also discussed the lack of parking and lighting, which the Town will look at what is needed to restore its parkins and evaluate if lighting is needed VV ILlI Ulc auvvc Ilvlcu,QIIU a VVC u1L.uacu, you UV IIaVc LI Ic I ISM to OIJIJcal, UULI1, UIC Ilo0U115 uul.n IJCI1111L Lv WC ,..VUJlaI nwvut,.c Commission (CRC) and my interpretation to Oak Island's Board of Adjustment(BOA). Patrick Amico will provide you with the documentation needed for an appeal to the CRC and Jake Vares, Planner will assist you with an appeal to Oak Island's BOA. Please do not hesitate to contact me if you have any additional comments or concerns. Best regards, Steven Edwards Development Services Director Town of Oak Island 4601 E. Oak Island Oak Island, NC 28465 Office: (910) 278-5024 Fax: (910) 278-1811 From:Steve Edwards Sent:Wednesday, April 21, 2021 2:23 PM To: MacPherson,Tara <tara.macpherson@ncdenr.gov> Cc: David Kelly<DKelly@ci.oak-island.nc.us> Subject: RE: [External] FW: Objection to 9th street crossover Hi Tara, The Town does intend to move forward with this project and staff has reviewed the Wilezek's comments and appreciate them bringing their concerns to the Town's attention. With regards to Oak Island's ordinance,Sec. 22-4 (attached), it is staff's opinion that fishing,crabbing and bait casting are prohibited on the walkway, but not from the floating dock. If these activities are being carried out on the walkway and complaints are filed, the Town will take appropriate actions. With regards to parking, there have been obstructions placed within the 9th PI's ROW that has restricted parking; these obstructions will be removed and parking restored to accommodate the use of the walkway and floating dock. As to the use of the dock, staff is pleased to hear that the facility is being used as intended; however, it is not acceptable if there is a disturbance that is in violation of Oak Island's noise ordinance and as with any noise ordinance violation the Oak Island Police Department needs to be called. The comment on devaluing their property because of the walkway/floating dock is subjective and could also been seen as an asset. On the issue of no lighting, is something the Town will need to evaluate and make a determination if lighting is needed; however, I would like to point out that the facility has been in place for several years and to the best of my knowledge the lack of lighting has not been an issue. If individual's are using this area for illicit activities or as a restroom the Oak Island Police Department needs to be contacted. I hope this addresses the Wilezek's concerns and encourage them to reach out and provide any supportive information or suggestions that can help with the continued and safe use of this facility.