HomeMy WebLinkAbout20080694 Ver 1_DCM Permit_20080429o ~~ ~.
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Permit Class ~2~~~ d Yo~~. Permit Number
NEW Ca.c~,C-Q* Ge 63-08
STATE OF NORTH CAROLINA ~(a ~~ D
Department of Environment and Natural Resources 0 ``VV~J
and pPR 2 9 2008
Coastal Resources Commission
a.
Q ~ WA1ER QUAI]n
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Ocean King, LLC, PO Box 250, Atlantic Beach, NC 28512
Authorizing development in Carteret County at adi. Atlantic Ocean, 105, 107, & 111 Atlantic Blvd,
& 201 & 301 East Dr., Atlantic Beach as requested in the permittee's application dated 12/27/07. including the
attached workplan drawings L) as referenced in condition No. 1 of this permit
This permit, issued on Apri125, 2008 , 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) Unless specifically altered herein, all development shall be carried out in compliance with the
attached list of workplan drawings:
Sheet SD0.10 dated revised 2/23/07
Sheet SD1. 00 dated 12/21/07
Sheet SD 1.10 dated 12/21 /07
Sheet SD 1.11 dated 12/21 /07
Sheet A3.01 dated 12/21/07
Sheet A3.02 dated 12/21/07
Sheet A3.03 dated 12/21/07
Sheet A3.04 dated 12/21/07
Sheet A3.05 dated 12/21/07
AEC Hazard Notice dated 12/27/07
(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. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit shall 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 shall cease when the permit expires on
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
f ' ~ ~~
~~'
J s . Gregson, Director
' Division of Coastal Management
This permit and its conditions are hereby accepted.
December 31, 2011
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee
Ocean King, LLC
ADDITIONAL CONDITIONS
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Permit # 63-08
Page 2 of 4
2) This. permit only authorizes development on properties owned by the permittee, specifically Parcel A-D,
Parcel E, and Parcel G, as indicated on the attached workplan drawing Sheet SD1.00. Development
activities proposed for other properties not indicated as being owned by the permittee at the time of
permit application, including but not limited to sidewalks, tree grates, crosswalks, utility lines, and
irrigation systems, are not authorized by this permit. In the future, should the permittee obtain proper
legal rights to carry out development on any area other than the parcels indicated above, a modification
of this permit shall be required.
Ocean Hazard Area Development
3) The permittee shall survey and stake the static vegetation line based on information provided by the
Division of Coastal Management. A representative of the Division of Coastal Management shall then
verify the location of the static vegetation line.
4) Prior to the initiation of any construction authorized by this permit, a representative of the Division of
Coastal Management shall stake the limits of the small structure (60 feet) and large structure (120 feet)
setbacks. Construction shall begin within 60 days of these determinations. Failure to initiate
construction, or in the case of major shoreline change, shall require these limits to be re-staked by the
Division.
5) The foundation pilings, and any other foundation or support structures for the two duplex
condominiums, including the associated parking areas located underneath the buildings, shall be located
entirely landward of the 60-foot small structure development setback line referenced in Condition No. 4
of this permit.
6) The foundation pilings, and any other foundation or support structures for the 14-story high rise
building, including the multi-story parking deck, shall be located entirely landward of the 120-foot large
structure development setback line referenced in Condition No. 4 of this permit.
7) No portion of the proposed property fence, as indicated on Sheet SD 1.10, shall be located oceanward of
the 60-foot small structure setback.
8) All buildings in the Ocean Hazard AEC shall be on pilings not less than 8 inches in diameter if round, or
8 inches to a side if square.
9) All foundations and structures shall be designed to be stable during applicable fluctuations in ground
elevation and wave forces during a 100-year storm. Cantilevered decks and walkways shall meet this
standard or shall be designed to break-away without structural damage to the main structure.
10) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under
the structures.
11) 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 a flood damage prevention ordinance are
inconsistent with any AEC standards, the more restrictive standard shall apply.
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Ocean King, LLC Permit # 63-08
Page 3 of 4
ADDITIONAL CONDITIONS
12) To ensure that the cantilevered portion of the high-rise building is feasible from an engineering
perspective, the permittee shall submit for approval the final engineered design plans of the cantilevered
structures to the Division of Coastal Management prior to initiation of construction.
:~
NOTE: To protect against unreasonable danger to life and property, the permittee is advised that extreme
caution should be used in the design and construction of all buildings that are to be cantilevered
:~ over the appropriate development setback lines. Failure to develop a sound engineering design
;~
for these structures could threaten the long-term integrity of these structures.
13) Any structure within the Ocean Hazard AEC 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 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 renourishment takes place
within two 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
t shall not affect the permit holder's right to seek authorization of temporary protective measures allowed
under the Rules of the Coastal Resources Commission. 4
NOTE: In accordance with § 113A-115.1 of the Coastal Area Management Act and 15A NCAC
07H.0308(a), no new seawall or riprap revetments shall be allowed in the future should any
structure become threatened from erosion. Included in this prohibition would be the replacement
of the existing seawall located oceanward of the authorized development.
NOTE: In order to protect hatchling loggerhead sea turtles, all lights on building faces, including balcony
lights on the ocean side of all structures, should be eliminated. Where ocean side lighting is
required, alternatives including shading, screening, or replacing fixtures with modern alternative
light sources should be utilized. Parking lots, streets, walkways, dune crossovers, and other
areas requiring lights should be illuminated with light fixtures located close to the ground to
minimize casting direct light on the beach and dunes. For more information on the proper design
of ocean side lighting, contact the N.C. Wildlife Resources Commission at (919) 729-1359.
Erosion and Sedimentation Control
NOTE: An Erosion and Sedimentation Control Plan shall be required for this project. This plan shall be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Land Quality Section, 127
Cardinal Drive Extension, Wilmington, NC 28405.
14) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent properties (e.g. silt fence, diversion swales or berms,
sand fence, etc.).
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Ocean King, LLC Permit # 63-OS
Page 4 of 4
ADDITIONAL CONDITIONS
Stormwater Management
1 ~) The N.C. Division of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stormwater Permit No. SW808080119 on 3/28/08.
Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit.
16) No portion of the stormwater collection system shall be located oceanward of the 60-foot small structure
development setback line referenced in Condition No. 4 of this permit.
General
17) Construction shall be done in a manner that ensures that public access to the ocean beach and associated
public access facilities are not impeded. All staging areas shall be located on the permittee's property
unless proper legal authorities are obtained to utilize additional staging areas.
18) The applicant shall implement measures to ensure that debris resulting from site preparation and
construction of the permitted project is either contained on the permittee's property or properly disposed
of at an approved high ground waste disposal facility...
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including any planning approvals necessary
from the Town of Atlantic Beach Planning Board or any other setback requirements of the Town
of Atlantic Beach.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 808-2808 prior to the commencement of any
such activity for this determination.