HomeMy WebLinkAbout32-19 Renewal Town of Oak IslandPermit Class
RENEWAL
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
32-19
Issued to Town of Oak Island c/o Steven Edwards 4601 E. Oak Island Drive, Oak Island, NC 28465
Authorizing development in Brunswick County at adj to the Atlantic Ocean at 4909 East
Beach Drive Oak Island as requested in the permittee's application dated letter dated
This permit, issued on January 18, 2023 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
)e subject to fines, imprisonment or civil action; or may cause the perma to oe nmi auu vulu.
1) This renewal shall be attached to Permit No. 32-19, which was issued to the permittee on 5/10/19, as
well as all subsequent modifications, refinements, and renewals, and copies of all documents shall be
readily available on site when a Division representative inspects the project for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
NOTE: The N.C. Division of Water Resources has assigned the proposed project D WR Project No.
20181592.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No.
2019-00476.
NOTE: A permit renewal application processing fee of $100 was received by DCM for this project
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2024
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Stgneo by me aumonty or me oecretary u1 UOY auo L„V � uau
of the Coastal Resources Commission.
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
District
Applicant 17
Name: I I�
1�t
NC Division of Coastar Management
CAMA Major Permit Renewal Request
Major Permit Staff: Lmk -
C1{{�� P Imo/
V �uest Date: lZlz�m z z-
F;rst �Z �
Received in Office:
Project
Address:
Street.4d*ess Ctry ZIP Code
CAMA Permit t�
No.: '-I61 Permit Expiration Date: J� o—Payment $ 11 O
Agent's Name: N I A
NO
District Manager/Field Rep Approve? (Initial Appropriate Box) lkplj
❑
I Other information
DWR Project s� h��1� USACE Action ' n
No: D V ID No.: 9W �0 +/ 1 " 0 04,-T tc
Has substantial YES Yes, n "AUVU&
development occurred? ❑ IlA E Explain: //�j�Q
NO
Recommend to Renew? ❑
If Not Approved, provide
Justification:
Staff
Signature:
— N«ipFmvtlneBSFaa6EY�Yt<anmeom4�m9hr 1.
ECE'VE
DEC 2 9 2022
December 29, 2022 BY'--�
Re: Major development extension request
To Whom It May Concern:
The purpose of this correspondence is to request an extension for Permit Number 32-19, attached, issued
to the Town of Oak Island for development of a single-family residence. Also include Is a check in the
amount of $100.00 for the major development extension request fee.
Please contact me at your earlies convenience with any questions or concerns.
Thanks,
7Lu
Steven Edwards
Development Services Director
Town of Oak Island
910.201.8052 Office
910.523.2439 Mobile
sedwards@oakislandnc.gov
RECEiveo
DEC 2 9 2022
PJCM WJLMI1JGT01V' RIG
4601 E. Oak Island Drive • Oak Island, North Carolina 28465
Phone: (910) 278-5011 • Fax: (910) 278-3400 • Websire: www.oakislandnc.com
Permit Class Permit Number
NEW 32-19
STATE OF NORTH CAROLINA
RECEIVED Department of Environmental Quality
and
DEC 2 9 2022 Coastal Resources Commission
DCM WILMI1NGTO N, NC Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Town of Oak Island c/o Steven Edwards, 4601 E. Oak Island Drive Oak Island NC 28465
Authorizing development in Brunswick County adj. to the Atlantic Ocean, at 4909 Each Beach
Drive, Oak Island, as requested in the petmittee's application dated 08/02/18 & Ocean Hazard AEC Notice
dated 10/23/18, incl. attached workplan drawings (2), 1-2 of 2 both dated 10/30/18.
This permit, issued on May 10, 2019 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
oe suclect to nnes, imprisonment or civil action; or may cause the permit to be null and void.
Ocean Hazard Development
1) Unless specifically altered herein, this permit authorizes the land disturbing activities associated with
the development of the above referenced property, including the single family residence with lot fill,
all as expressly and specifically set forth in the attached permit application and workplan drawings.
Any additional land disturbing activities and/or construction may require a modification of this
permit. Contact a Division of Coastal Management representative at (910)796-7215 for this
determination.
2) Unless specifically altered herein, no fill material shall be placed at any time in any vegetated
wetlands outside of the alignment of the wetland fill area indicated on the workplan drawing(s).
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2022
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
Braxton C. D ts, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
of Permittee
Town of Oak IVED Permit No. 32-19
Page 2 of 3
DEC 2 `J 2022
ADDITIONAL CONDITIONS
PCM WILMINGTON, NC
3) Prior to the initiation of construction within the Ocean Hazard AEC, a representative of the Division of
Coastal Management shall stake the first line of stable, natural vegetation and appropriate structure
setbacks. These setback determinations shall replace those done at the time the permit application was
processed and approved. Construction shall begin within sixty days of this determination or the
measurement is void and shall be re-established. In the case of a major shoreline change within that
period, a new setback determination shall be required before construction begins.
4) Prior to the initiation of construction within the Ocean Hazard AEC, the permittee shall stake the Town
of Oak Island Development Line.
5) Any fill waterward of the 60' setback from the fast line of stable natural vegetation is hereby deleted.
6) . Any development, including decks and/or fill, waterward of the Town of Oak Island Development Line
is hereby deleted.
7) All construction within the Ocean Hazard AEC shall comply with all applicable requirements of the
N.C. Building Code and the local flood damage prevention ordinance as required by the National Flood
Insurance Program. If any provisions of the building code or the flood damage prevention ordinance are
inconsistent with any of the following AEC standards, the more restrictive standard shall apply.
8) All fill material shall be clean and free of any pollutants except in trace quantities.
9) All buildings in the Ocean Hazard Area of Environmental Concern shall be on pilings not less than 8
inches in diameter if round, or 8 inches to a side if square.
10) All foundations shall be adequately designed to be stable during applicable fluctuations in ground
elevation and wave forces during a 100-year storm.
11) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under
the structures.
12) Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently
threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled
within two (2) 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 re -nourishment takes place
within two (2) years of the time the structure becomes imminently threatened, so that the structure is no
longer imminently threatened, then it need not be relocated or dismantled at that time. This condition
shall not affect the permit holder's right to seek authorization of temporary protective measures allowed
under CRC Rules.
Sedimentation and Erosion Control
13) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
Town of Oak Island
ADDITIONAL CONDITIONS
DEC 2 9 202Z
General
Permit No. 32-19
Page 3 of 3
13 MWILF�iINGTONE
14) groun covers icient to restrain erosion shall be provided within 30 calendar days of completion of
any phase of grading on cut or filled slopes.
15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
16) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
NOTE: This permit does not convey any rights, either in real estate or material.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit. Contact
a representative of the Division at (910) 796-7215 prior to the commencement of any such activity
for this determination.
NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No.
20181592 vl.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project Action ID No. SAW-2019-
00476.
NOTE: An application processing fee of $250 was received by DCM for this project.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403
December 17, 2018
Regulatory Division
RECEIVED
DEC 2 9 2022
DCM WILMINGTON, NC
SUBJECT: File No. SAW-2018-00379; Information Request for Proposed Residential
development/Including Discharge of Fill Material into waters of the U.S. (WOUS), located at
4905, 4907, and 4909 E. Beach Drive, Town of Oak Island, Brunswick County, North Carolina.
Mr. Steven Edwards
Attn: Town of Oak Island
4601 E. Oak Island Drive
Oak Island, North Carolina 28465
sedwards@ci.oak-island.nc.us
Dear Mr. Edwards:
This letter is in reference to your Department of the Army (DA) permit applications received
November 19, 2018 submitted to the Wilmington District Corps of Engineers (Corps) for the
construction associated with proposed residential development on three lots, within waters
adjacent to the Atlantic Ocean, located at 4905, 4907, and 4909 E. Beach Drive, in Oak Island,
Brunswick County, North Carolina.
This letter further notifies you that your DA permit application is insufficient to fully
evaluate your proposal. The applications did not contain a mitigation statement/plan.
Compensatory mitigation is required for the unavoidable impacts to the aquatic environment.
Please see below for further explanation on each item:
1. Compensatory Mitigation: An appropriate compensatory mitigation plan is required to
fully offset unavoidable impacts to WOUS in accordance with 33 CFR 332 -
Compensatory Mitigation for Losses of Aquatic Resources. The application does not
provide a mitigation statement or plan.
Once the mitigation proposal is determined by the Corps to be appropriate, the mitigation plan
must contain the elements described at 33 CFR 332.4(c)(2) through (c)(14).
Additionally, please note the preference for purchasing mitigation bank credits to offset
impacts at 33 CFR 332.3(b). If mitigation bank credit purchase is not proposed, the
justification for utilizing other forms of mitigation should be provided.
-2-
The Corps requests that the applicant provide the requested information within 30
days of the date of this letter. If no response is received by then, the application may need to
be withdrawn. Should you have any questions or comments regarding this request for
additional information, please contact Liz Hair at the above address, by phone at (910)
251-4049, or by email at sarah.e.hair()usace.army.mil.
Sincerely,
Liz Hair
Project Manager
Wilmington Field Office
Regulatory Division
Electronic Copies Furnished:
Ms. Courtney Spears NC-DEQ/DCM
Mr. Chad Coburn -NC DEQ/DWR
RECEIVED
DEC 2 9 2022
DCM WILMINGTON, NC
VICINITY MAP ATLANnG OCEAN
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4909 EAST BEACH DRIVE
— 60' PUBLIC RIGHT—OF—WAY
NOTE THIS PROPERTY LES WTIHIN THE
CAMA OCEAN ERODIBLE AREA OF
ENVIRONMENTAL CONCERN.
LEGEND OF USED)
ZONING GRAPHIC SCALE
L9 q 719 is DD
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AGENCf 1 INCH - 30 FEET
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1. T94 PROPERTY LIES IWINN A EEMA SPECIAL FLOOD HATARD MBA
VE-17. VE-19 A9 SHOWN ON P RA WvOo6500'74. DATED 9/2/2DG&
CENEPAL NOTES:
1. MEASUREYEMS ON THE MOP ARE IN FEET AND OEMMLS THTREDF.
2 ALL SET CORNEAS ARE 1/2' BON PEBM UNLESS OTIERMSE NXED.
3. THE PROPERTY MY BE $U&IECf TO AODDDNAL FASETIENB, WGHB OF
WAYS AND RESIRIGIKKLS NOT DISCERNI&E BY OBSEAVATON AT THE
TIME OF SURVEY OR THAT MAY BE OF RECORD. NO THE SEARCH BY
THOMAS D. VON GNON.
1. PUT OF LONG BFADH, SECTION B. RECORDED M NIP CABINET I.
PAGE 9E-89 ON 3/17/1939 IN THE BRUNSWICK COUNTY. NORTH
OJROLDU R13NSiFR OFF D®5.
E O® BOOK 1190. PAGE 27. RECORDED IN 1HE BRON9 W COUNTY.
NORM CAROUNA REGISTER OF DEEDS.
THE IS TO CFRIRY 1HAT ON MARCH SFH. 2018. 1 SURYEYFL llff
PROPERTY SHOWN ON TNIS PRAT. MI) T T THE IIrtE MYF9 ANP 111E
WALLS OF THE BUILDINGS. IF ANY, ARE SHOWN MESON. THE M OF
T6S PROPERTY 6 0.1 ACRES AS UTATED Of COORDINATE IW COMPUTATION N j11� SIT tEBIR01�-t1F'CCT'Of1�1S .t0,0.
sIDNEo —R� .
TIONA$ VON CPNON L-3986
R.TIx>m mw LSYIWD l➢T SU H FAST BEICH DF
TAX PARCEL # 249DF010
LOT SURVEY
FOR: TOWN OF OAK ISLAND
LOT 5
BLOCK S. SECTION 1
LONG BEACH
OAK ISLAND, SMITHVILLE TOWNSHIP
BRUNSWICK COUNTY, NORTH CAROLINA
VCS & CO., INC. C-2160
1 YAUPON WAY
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OAK ISLAND, NC
TELE. (704) 361-1567
EMAIL vcsbrunsco®ec.rr.com
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PROFILE
4909 EAST BEACH DRIVE
60' PUBLIC RIGHT-OF-WAY
TOWN OF OAK ISLAND
iED
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PROFRE
SGLC VERRCgI 1 IN.-1O FT. / HORIZONTAL: 1 IN.=40 R.
----- EXISDNG GRADE
FINISHED GRADE
® FILL AREA
O 404 FILL AREA
nftel V ao
DEC 2 9 2022
CCA4 WlUWINQTnju eFw
Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
1/10/2023
Town of Oak Island
same
BB&T
90268
$100.00
major renewal #32-19, BrCo
KB rct.
18959