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
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cubic yards _.. j gym
Boat ramp { ! avAve"
Boathouse/Boatlift 3E I —
,----1- — - 4.-t; ; fifilsjir , . , _________
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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/
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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
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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
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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
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9TH PLACE E, OAK ISLAND, NC = • C-4719
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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.
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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
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CAMA PERMIT
MODIFICATION
PROJECT NO 20001
DATE 3/17/2021
SCALE AS SHONA
DeAVM ev e9W I eea Mae ESP
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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
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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.
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CI Yes
If YES,enter delivery address below:
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PS Form 3811,July 2020 PSN 7530-02-000-9053
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20 f 9rt and th EBeverly Wilczek RE...0 :. , .C1
Oak Island,NC 28465
March 24,2021
i,cf,if �:r
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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`'
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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
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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.