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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 'a m � T?'3= SPOT GROUND 5.6't ATANRC OCEAN EIEVATONS S 74'29'00° E FAST BEACH DRNE MS 50.00' IRS -- ------- 11.71 1t.Tt T T r. I I o UPLAND ti) I -�- 7 WET LAND O M ARE iU 257.9 SO. FEET� w I I L I i99a IATG — rV6GETATON LN(i I 1 s5'3 *ARDSg.fCOPY OF ME PUTT ACCURATELY DEPICTSJRISOICIION OF SECTION 404 OF TIE ERMINED BY THE UNDERSIGNED ON THIS IRs REUM UPON MR A PERIOD FROM THIS DATE THE UNDERS IINATON URRING THE APPROF 1987 U. S. ARMY CORPS OF VnON MANUAL RORY OFFICIAL ACTON 0 NO.. n;35 SH CAR J 0 o 0 OvFV-E'TDPNENT p 60' OFFSEF OF OSV) O 4 O N 01 Cum m o . m 50.00"---.._"= 161 N 7,V29'00" W IEMENT `- 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 R-7 AGENCf 1 INCH - 30 FEET SEUI4 FRONT- 16• 'LEUINf SIDE- MAP 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 gs OAK ISLAND, NC TELE. (704) 361-1567 EMAIL vcsbrunsco®ec.rr.com �Q O 9 � 0 -.I u 2 � W 29 ATLANTIC OCEAN AREAS TO BE FILLED r� APG FIILK YL1NV0� mla 4. uwmAwA,& �rsA w mumr m } G $ 50 00 TO wmumo to Rriwc nt- emoa W. IO 1+50 M4 AI6Y51 74 s I I I I I I wi"U . �KGCTAMP1_ 1wE PROFILE 4909 EAST BEACH DRIVE 60' PUBLIC RIGHT-OF-WAY TOWN OF OAK ISLAND iED i E )A' 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