HomeMy WebLinkAbout20190268 Ver 1_DCM Permit 26-19_20190430ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director April 30, 2019
Garrett Isenhour
4330 Southport Supply Road, Suite 101
Southport, NC 28461
Dear Mr. Isenhour:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where
applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored
form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign
both the gold original and the white copy and return the white copy to this office in the enclosed envelope. Signing
the permit and proceeding means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-
121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 1506 with the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20)
days of this decision on your permit. You should also be aware that another qualified party may submit an
objection to the issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance requires
additional approval. Please read your permit carefully prior to starting work and review all project plans, as
approved. If you plan to have the work done by a contractor, it would be to your benefit to be sure that he fully
understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request
that you complete and mail the yellow Notice Card just prior to work initiation. However, if questions arise
concerning permit conditions, environmental safeguards, or problem areas, you may contact Department
personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our
vitally important coastal resources.
Enclosure: WiRO
Kim Williams -Agent
Sincerely,
J R.
Douglas . Huggett gar
Major Permits and Consistency Manager
N.C. Division of Coastal Management
H DEQ��
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 1.27 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215
Permit Class
NF.W
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
ermit
for
X Major Development in an Area of Environinental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Garrett Isenhour, 4330 Southport Supply Road, Suite 101 Southport, NC 28461
Authorizing development in
Brunswick
Permit Number
26-19
County adi. to the Atlantic Ocean, at 4625 Each Beach
Drive, Oak Island — , as requested in the permittee's application dated 1/21/19 and Ocean Hazard
AEC notice dated 1/21/18 incl, attached workplan drawings as referenced in Condition No. 1.
This permit, issued on Aril 30 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
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) This permit authorizes the following workplan drawings (4), Sheet 3 of 5 dated 12/2018, Sheet 4 of 5
dated 1/16/19, Sheet 5 of 5 dated received at DCM Wilmington 2/11119, and Figure A dated 09/2018.
Ocean Hazard Development
2) 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, 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.
(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
Chairman of the Coastal Resources Commission.
6�� / I r.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Garrett Isenhour Permit No. 26-19
Page 2 of 3
ADDITIONAL CONDITIONS
3) No fill material shall be placed at any time in any vegetated wetlands outside of the alignment of the fill
area indicated on the workplan drawing(s).
4) 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.
5) All fill material shall be clean and free of any pollutants except in trace quantities.
6) 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.
7) In no case shall the authorized development be located oceanward of the Town of Oak Island
Development line.
8) 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.
9) All foundations shall be adequately designed to be stable during applicable fluctuations in ground
elevation and wave forces during a 100 -year storm.
l 0) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under
the structures.
11) 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
12) 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.).
13) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of
any phase of grading on cut or filled slopes,
Garrett Isenhour
ADDITIONAL CONDITIONS
General
Permit No. 26-19
Page 3 of 3
14) No development authorized by this permit shall take place until the sale of the property to the permittee
by Heirs of W. Lee Hewett is finalized and a documentation showing change of ownership is provided
to the Division of Coastal Management. Should the purchase of the property not be finalized, this permit
shall be null and void.
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. 2019-
0268.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project Action ID No. SAW -2019-
00176.
NOTE: An application processing fee of $400 was received by DCM for this project.