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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.