20080708 Ver 1_DCM Correspondence_20231220

ROY COOPER
Governor
ELUMETH S. BISER
Secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
Envlronmenta/Quality
TO: Cameron Luck, DCM Major Permit Assistant Coordinator, MHC
FROM: Tara MacPherson, DCM District Manager, Wilmi
DATE: December 20, 2023 ft
SUBJECT Permit Modification Request to State Permit No. 40.96, Oak Island Property Holdings, LLC,
Old Bridge Road, Oak Island, Brunswick County
Davey Resource Group, Inc., acting agent for Oak Island Property Holdings, LLC, is requesting a Minor
Modification to State Permit No. 40-96. This request was submitted in a letter received by DCM on
December 5, 2023. The request is a reduction in scope of the overall permitted project with a proposed
stormwater system that would capture 100% of the proposed impervious area within the 75 ft. AEC. No
work has occurred onsite other than clearing, grading and removal of an old shrimp boat, DCM staff met
with the consultant onsite on June 13, 2023.
The minor modification request includes the cover letter dated 10/18/23 and an updated narrative with six
(6) drawings dated received on 12/5/23. The proposal also includes Exhibit A, dated received on 12/19/23,
and the certified mail receipts for the adjacent riparian notifications,
State permit #136-86 was originally issued to Sandy Tyner for the property on July 11,1986 for the
construction of a 140-unit condominium complex, 58-slip marina and a bulkhead along the eastern property
boundary. The permit also authorized the excavation of a basin area waterward of the bulkhead, measuring
360' in length by 60' in width, and to a final project depth of —5' to —6.5' at Mean Low Water (MLW). It
appears that the only development initiated under this permit was the construction of a bulkhead and a
fixed pier/dock along the eastern property boundary. State Permit No. 136-86 expired on December 31,
1989.
State permit #40-96 was issued to Sandy Tyner on March 27, 1996, for the replacement of the bulkhead
and dock as well as an expansion of the docking facility to include 18 boat slips with 320 linear feet of side -
to dockage. The permit also authorized dredging of the same basin area authorized by permit #136-86 with
no change in dimensions. The permit was later transferred to George Saunders on June 3, 2002 and then
to S&R Properties I, LLC on March 19, 2007. Portions of the dock that were still in place have since been
removed. A Major Modification to State Permit 40-96 was issued to Oak Island Property Holdings, LLC. on
March 13, 2009, for the development of a 55 slip marina, excavation of an upland basin and entrance
channel to -6.5 ft at MLW, installation of 1,695 linear ft. of bulkhead for shoreline stabilization, a 224 vessel
dry stack facility, floating docks for 55 formalized boat slips, drop zone and associated upland development
(see Sheet 2 of 6). The proposed excavation would have impacted approximately 4,491 sq. ft. of Section
D_EQ.�- North Carolina Department of Environmental Quality I Division of Coastal Management
� Wilmington Office 1 127 Cardinal Drive Extension I 'Wilmington, North Carolina 28405
Tai..r+orn� 910.796.7215

Permit Modification Request to State Permit No. 40-96, Oak Island Property Holdings, LLC
Page 2 of 3
404 type wetlands, approximately 1,022 sq. ft of Coastal Wetlands and approximately 20,180 sq. ft. of
shallow bottom. Approximately 118,771 sq. ft. of high ground would have been excavated for the upland
basin. The proposed upland development consisted of 5 condo buildings towers, parking, a clubhouse, pool
and amenities (see Sheets 2 and 3 of 6 and attached).
State Permit No. 40-96 was modified again on June 9, 2009 for a change in mitigation requirements and
has been renewed several times since (see Narrative). According to the narrative, mitigation payment to
the EEP was completed on September 25, 2009. The most recent renewal was issued on September 22,
2021 and the permit technically expired on October 20, 2023, although a renewal request was received on
on November 29, 2023 and is currently in processing. The application states that due to local economic
hardship associated with the recession no work has been done onsite under the previous authorizations.
The applicant is requesting several modifications that are an overall reduction in scope and impacts, but
would be a net increase in % total impervious surface with the existing and proposed new impervious
(including redevelopment) within the 75 ft. Estuarine Shoreline AEC (see Sheets 3,4,5 and 6 of 6 and
Impervious Numbers Table). The total permitted impervious surface area was 23,422 sq. ft. with 15 %
impervious area in the75 ft. AEC (17,712 sq. ft. was permitted as redevelopment). The new modified
proposal reduced the size of the high ground basin and thus the size of the 75 ft. AEC. The new total
proposed impervious surface area within the 75 ft. AEC is 37,619 sq. ft. with 37 % impervious area (8,851
sq. ft. would be permitted as redevelopment and 10,251 sq. ft. would be new impervious). The applicant is
proposing to utilize innovative stormwater to capture 100% of the proposed new impervious area within the
75 ft. AEC, which would reduce the impervious within the 75 ft. AEC from 37% to 18%. According to the
applicant, a modification will be submitted to State Stormwater for the new proposal. The applicant provided
the grading plan for this proposal (Attachment A). Stormwater modifications include a 162 ft. long 18" pipe
for hydrological connectivity, proposed swale, pumpstation, vegetative filters and stormwater infrastructure
(see Sheet 6 of 6). The total new proposed impervious onsite is proposed to be 278,507 sq. ft. or 20%.
The proposed reconfigured parking spaces would be reduced from 873 spaces to 213 spaces and the
previously proposed residential units are no longer being proposed. Reconfigured parking is proposed to
accommodate the proposed northern dry stack racks and the previously permitted dry stack building for a
total of 213 parking spaces and an impact of 76,901 sq. ft of high ground. The parking area dimensions on
the northern and western sides of the project area are approximately 370 ft. by 60 ft. and 440 ft. by 122 ft.
respectively. The application states that the area previously permitted for residential units would be
designated for future development that would not exceed the original number of approved units.
According to the proposal, the total high ground basin excavation would be 22,634 cy with three floating
docks reconfigured to support dry stack storage instead of permitted wet slips. The previously permitted
channel access from the basin to the AIWW remains at 5,675 cubic yards to a final depth of -6.5 at MLW.
The proposed bulkhead would be reduced to 753 linear ft. on the project site and the basin would be
reduced to 220 ft. long by 210 ft. wide. Total basin excavation would be 22,634 cubic yards to a final depth
of -6.5 ft. at MLW. No changes are proposed to the previously approved onsite spoil disposal area. The
permitted finger piers would be replaced with three floating docks measuring 280 ft. by 10 ft., 192 ft. by 10
ft. and 750 ft. by 10 ft. running directly adjacent to the new bulkhead. The southernmost floating dock would
have two fuel stations and a pump out. The total proposed wet slip slip count would be reduced from 55 to
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Whittington, North Carolina 28405
910.796.7215

Permit Modification Request to State Permit No. 40.96, Oak Island Property Holdings, LLC
Page 2 of 3
49, but dry stack development would be able to accommodate up to 674 vessels (previously permitted for
224 dry slips).
A 722 ft. long by 20 ft. wide road is proposed to access the site landward of the 75 ft. AEC. A wooden
walkway measuring 131 ft. by 6 ft. would lead from the high ground to the northernmost floating dock. An
additional wooden walkway would provide access to the southern portion of the basin measuring 278 ft.
long by 6 ft. wide. Elevated wooden walkways, accounting for over 15,000 sq. ft. of shading over Section
404 wetlands, have been eliminated.
A total of seven additional drystack storage buildings are proposed for a total of 674 dry slips at this Marina.
Four, measuring 103 ft. long x 35 ft. wide, are proposed in the footprint of the previously permitted basin to
accommodate 150 dry slips. One measuring approximately 170 ft. long by 35 ft. wide, is proposed just
landward of the proposed basin to accommodate 62 dry slips, and two measuring approximately 270 ft,
long by 35 ft. wide are proposed south of the newly configured northern parking area to accommodate 270
dry slips. There is no change to the originally permitted 250 ft. long by 135 ft. wide dry stack, which would
accommodate 192 dry slips. Three storage racks are proposed adjacent to the northernmost dry stack
measuring 54 ft. long by 16 ft. wide. Two additional storage racks are proposed between the permitted and
proposed southern dry stack buildings adjacent to the fork-lift measuring 54 ft. long by 16 ft. wide and 96 ft.
long by 16 ft. wide. Two drop zones are proposed with one as a reconfigured concrete forklift access path
and a new forklift access path extending from the north, both extend through the 75 ft. AEC and the 30 ft.
coastal shoreline buffer. The reconfigured path to the western dry stack would be completely outside of the
75 ft. AEC and within the previously permitted basin footprint. The existing impervious layer permitted west
and south of the forklift drop zone would be removed (1,130 sq. ft.) and an additional 497 sq. ft would be
removed within the 30 ft. coastal shoreline buffer. The approximately 55 ft. wide concrete path would
narrow and would extend approximately 650 ft. landward of the 75 ft. AEC to access the northern drystack
building. An additional 10,251 sq. ft. of impervious would be added within the 75 ft. AEC to accommodate
the new fork and reconfigured fork-lift paths.
This office would have no objection to the modification and reduction of scope of State Permit No. 40-96,
provided it is consistent with all other local, state, and federal regulations. Davey Resource Group, Inc.
indicated that the stormwater approval request would be submitted concurrently with this proposal. The
applicant submitted a $100 check (check No. 30771) on 11/3/23 for the fee amount.
By copy of this memo, DCM is requesting that the USACE and NC DWR and NC DEMLR provide any
comments that your agency may have on the proposed project to Cameron Luck of DCM's MHC
office within 14 days of receipt of this memo.
Enclosures
cc: DCM-MHC USACE DWR Christine Hall- DEMLR State Stormwater
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 CarNnal Drive Extension I Wilmington, North Carolina 28405
910.796.7215