HomeMy WebLinkAbout75400_Richard Fertig/ Wind over Waves_20200529 toCAMA / DREDGE & FILL . �� No. 75400D It A - .a` C D
GENERAL PERMIT Previous permit# A//4
> ►.New Li Modification ! Complete Reissue L'Partial Reissue Date previous permit issued r,:l /A
As authorized by the State of North Carolina, Department of Environmental Quality
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC 3 /H • ' »4?
V�, 0 •2 _•$- Rules attached.
Applicant Name G,s4A A:p T. -i4 ,�A vc Project Location: County 1� 1;+z c
Address J -' .3 D ' q i Street Address/State Road/Lot#(s) -
City� 4r-—77-f;_ State' /L ZIP .2-7 6-,7S -. ..:., i -r+tip, v--r-re. r- --(1''
Phone#(w 7 11_3 4 " 1Y 1/ E-Mail - Subdivision , (' 12 2>/:_ - i--,4 .i &--
Authorized Agent ,t,(741 City , ,s-z.. ✓i /wi t/4711--/-F ZIP .--I9e i'
Affected Cw /� ,EW 3 PTA fES 0PTS Phone# ( 'r'—"— River Basin r,15: e.1. 4 r/,j~
0 OEA ❑HHF ❑IH TUBA ❑N/A
AEC S : AdI• Wtr. Body ,74?1,. +L'G D ��U
(na_/man /unkn)
❑PWS•
ORW: yes �n PNA yes I Closest Maj.Wtr. Body �4�+2•1 C /-, - (w,','Q
Type of Project/Activity h x (p • - x / "-- -._ 7 �o,vr^ 1 r 2 y
_ ✓ , .,1(..-- , h .Z7 r ,r-v.r (Scale:l - 4-0 )
Pier(dock)length• "D r Co, ! i _._-_
Fixed Platform(s).1:;. x / i - _
Floating Platform(s) r , /A(,�„ / 1 i
Finger pier(s)lc 7 M i
or > .n ' , !
Groin length T,r o•9 k .-- ! .
number - 1 1 I i
, 1
Bulkhead/Riprap length S'd l Go y/ 7[ ` (, 2�� , —t-
avg distance offshore \, I I 1) ` I
max distance offshore
Basin,channel
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cubic yards — _ t �__._ _...._..._
Boat ram
p 7i i I i !
Boathouse/Boatlift � �-
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....._ ram.-- t + �� �-
Beach Bulldozing , i i
Other ; I 1
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e!I
Shoreline Length — 1-) !` - '� I , I + 1
SAV: :; not sure yes no ;. ,....._.._ ..-- 'i.-it.. � ` .. i .1_ !(.—! `}.......,,!..-,, + j„ .0 ,,,.c, „ d" dv._f -''--�1 W
6.
Moratorium: n/a yes n —_ 73b i1 U A:—.
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Photos: yes no a-- 1 �% I <ny[�w
Waiver Attached: yes n� I , -, I'' r
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A building permit may be required by:10,c17ra Go G A-b ❑See note on back regarding River Basin rules.
(Note Local Planning Jurisdiction)
Notes/Special Conditions ,_; .- .'/.i A '.7— v/=u.4'a.> 9"4" (' / .'i I }1r t
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Agent or plic t Printe me PermitOffiter's Printed Name_
Signature **Please r ad c pliance statement on back of permit** igna re `—f
?,- `'i' — ._2.z)0 f } q ( —.2-1 ta1 A.1 .Z a z,v -Lei ` "-P-i"c'Y1 55b eft-`1010
Application Fee(s) Check# Issuing Date Expiration Date
Statement of Compliance and Consistency
This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become
null and void.
This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The
applicant certifies by signing this permit that I)prior to undertaking any activities authorized by this permit,the applicant will
confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local
ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian
landowner(s).
The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available
information and belief,certify that this project is consistent with the North Carolina Coastal Management Program.
River Basin Rules Applicable To Your Project:
Tar-Pamlico River Basin Buffer Rules n Other:
Neuse River Basin Buffer Rules
If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the
River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of
Water Resources. Contact the Division of Water Resources at the Washington Regional Office (252-946-6481) or the
Wilmington Regional Office(910-796-7215)for more information on how to comply with these buffer rules.
Division of Coastal Management Offices
Morehead City Headquarters Washington District
400 Commerce Ave 943 Washington Square Mall
Morehead City, NC 28557 Washington, NC 27889
252-808-2808/ I-888-4RCOAST 252-946-6481
Fax: 252-247-3330 Fax: 252-948-0478
(Serves:Carteret,Craven, Onslow- (Serves: Beaufort, Bertie, Hertford, Hyde,
North of New River Inlet-and Pamlico Tyrrell and Washington Counties)
Counties)
Elizabeth City District Wilmington District
401 S. Griffin St. 127 Cardinal Drive Ext.
Ste. 300 Wilmington, NC 28405-3845
Elizabeth City, NC 27909 910-796-7215
252-264-3901 Fax: 910-395-3964
Fax: 252-264-3723 (Serves: Brunswick, New Hanover,
(Serves:Camden,Chowan, Currituck, Onslow-South of New River Inlet-
Dare,Gates, Pasquotank and Perquimans and Pender Counties)
Counties)
http://portal.ncdenr.org/web/cm/dcm-home
Revised 7/06/17
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1u. AREA: *50,641 S.F. LOT 6—R
LANDS UNE I- (FORMERLY LOTS PHASE 3
CALM PER o 30 LOT 9-RR 7-R & 8-R)
SL 123-124) 40 AREA: *58,702 S.F. 26186 OTTER WAY WIND OVER WAVE.
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WIND OVER WAVES PH III HOA / FERTIG PIER
SALVO, NC
GRAPHIC SCALE
In
60 0 30 60 120 240
( IN FEET )
1 inch = 60 ft.
MINUTES OF THE ORGANIZATIONAL MEETING
OF THE DIRECTORS OF
WIND OVER WAVES PHASE 3 HOMEOWNERS ASSOCIATION, INC.
The undersigned being all of the Initial Board of Directors of the Corporation hereby consent to
and ratify the action taken to organize the corporation without a meeting pursuant to their written
consent hereto filed with these minutes and the waiver of notice of the organizational meeting called by
a majority of the Directors for the purpose of adopting ByLaws,electing officers and the transaction of
such other business as may come before the meeting.
The Articles of Incorporation filed with the Secretary of State of North Carolina on the 15th day
of April,2019,were approved and inserted in the record book of the corporation.
The ByLaws regulating the conduct of the business and affairs of the corporation were adopted
and inserted in the corporate record book.
The persons which names appear below were appointed and elected officers of the corporation to
serve for a period of one year and until their successors are appointed or elected and shall qualify:
President: John M.Robbins,III
Vice-President: Jeffery J. Malamey
Secretary: John M.Robbins,III
Treasurer: John M. Robbins,III
The following resolutions were adopted:
RESOLVED, that the corporate record book, which includes the Articles of Incorporation,
ByLaws and these Minutes are adopted as the record book of the corporation.
RESOLVED, that the treasurer of the corporation be and he is hereby authorized to pay all
charges and expenses incident to or arising out of the organization of the corporation and to
reimburse any person who has made any disbursement therefore.
RESOLVED,that the office of the corporation be established and maintained at 109 Puddle Lane,
Manteo,NC 27954 and that the meetings of the Board of Directors from time to time may be held
at the principal office or such other place as the Board of Directors shall determine.
RESOLVED, that for the purpose of authorizing the corporation to do business in any state, or
territory of the United States or any foreign country in which it is necessary or expedient for this
corporation to transact business,the officers of the corporation are hereby authorized to appoint
all necessary agents,registered agents,offices and registered offices and to designate and change
the location of all offices and to file all necessary certificates, reports and other instruments as
may be required by the laws of said locality.
•
RESOLVED,that the Treasurer be and hereby is authorized to open a bank account in behalf of
the corporation with and further a resolution
for the purpose of authorizing a bank account on the printed form of said bank was adopted and
ordered appended to the minutes of this meeting.
RESOLVED,that the corporation proceed to cany on the business for which it was incorporated
and further that the officers of the corporation are authorized to do all things and acts necessary
for the accomplishment of the purposes of the corporation,to retain an attorney to represent the
corporation in any matters they deem necessary and also to retain a certified public accountant to
periodically audit the books and records of the corporation and to prepare tax returns.
RESOLVED,that the fiscal year of the corporation is fixed as January 1 through December 31.
RESOLVED,that the signing of these minutes shall constitute full ratification thereof and waiver
of notice of the meeting by the signatories. •
This the day of ,2019.
John M.Robbins,Jr.,Director
John M.Robbins,III,Director
Jeffery J. Malarney,Director
N:\WORD\Clients\W\Wind Over Waves,LLC\13749-002 Incorporation of HOA\Minutes Organizational Meeting Directors.wpd
NORTH CAROLINA
Department of the Secretary of State
To all whom these presents shall come, Greetings:
I, Elaine F. Marshall, Secretary of State of the State of North Carolina, do hereby certify
the following and hereto attached to be a true copy of
ARTICLES OF INCORPORATION
OF
WIND OVER WAVES PHASE 3 HOMEOWNERS ASSOCIATION, INC.
the original of which was filed in this office on the 15th day of April, 2019.
'GPAa c
/i vtN IN WITNESS WHEREOF, I have hereunto set my
� tofficial�a � •e it. i hand and affixed my seal at the City of
t :.
{1*�'' : '� Raleigh, this 15th day of April, 2019.
_ -gete}nZ
vyir "t » Scan to verify online.
Certification#C201907917181-1 Reference#C201907917181-1 Page: 1 of 4 Secretary of State
Verify this certificate online at http://www.sosnc.gov/verification
SOSID: 1831727
Date Filed: 4/15/2019 4:21:00 PM
Elaine F.Marshall
North Carolina Secretary of State
C2019 079 17181
ARTICLES OF INCORPORATION
OF
WIND OVER WAVES PHASE 3 HOMEOWNERS ASSOCIATION,INC.
I, the undersigned,a natural:person over the age of eighteen(18).years or more, do hereby
make and acknowledge these Articles of Incorporation for the purpose of forming a non-profit
corporation under and by virtue of the laws of the State of North Carolina, as contained in Chapter
55A of the General Statutes of North Carolina, entitled "Nonprofit Corporation Act", and the
several amendments thereto;and to that end,do hereby set forth:
I.
The name of the Corporation is Wind Over Waves Phase 3 Homeowners Association,Inc.
II
The period of the duration of the Corporation shall be perpetual.
III.
The purposes for which this Corporation is organized are:
(a) For the preservation of the values and amenities in the Wind Over Waves Phase 3
Subdivision and for the maintenance of open spaces and other common facilities and for the
maintaining and administering of the community property and facilities and administering and
enforcing the covenants and restrictions and collecting and disbursing the assessments and charges
regarding,said Wind Over Waves Phase 3 Subdivision.
(b) The Corporation shall have all the powers granted non-profit corporations under
Chapter 55A of the General Statutes of North Carolina.
(c)To do ail and everything necessary,suitable or proper for the accomplishment of any of
the purposes or attainment of any of the objectives of the corporation and to do every other act
acts, thing or things incidental, appurtenant to, growing out of or connected with the aforesaid
purposes.
IV.
The corporation shall have'two (2)classes of voting membership as set forth in Article VI
of the.Declaration of Covenants, Conditions,Restrictions Wind Over Waves Phase 3 Subdivision,
as recorded in Deed'Book 1954,Page 260,Dare County Public Registry,as amended.
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Certification#C201907917181-1 Reference#C201907917181-Page:2 of 4
•
V.
The directors of the corporation shall be elected or appointed by the members in the manner
and for the terms provided in the bylaws. -
•
No part of the net earnings of the Corporation shall inure to the benefit of any director,
officer, or member of the corporation or any private person(except that reasonable compensation
may be paid for services rendered to or for the Corporation affecting one or more of its purposes).
No substantial part of the activities of the Corporation shall be the carrying on of propaganda, or
otherwise attempting to influence legislation, and the Corporation shall not participate in or
otherwise intervene (including the publishing• or distribution of statements) in any political
campaign on behalf of any candidate for public office.
VII.
In the event of the dissolution of the Corporation,no director or officer shall be entitled to
any distribution or division of its remaining property or its proceeds,and the balance of all money
and other property received by the Corporation from any source,after the payment of all debts and
obligations of the Corporation shall be disposed of exclusively.for the purposes of the Corporation
in such manner or to such organization or organizations organized and operated for substantially the
same purposes as this corporation as set forth in Article III hereinabove or exclusively for
charitable, educational, religious or scientific purposes as till at the time qualify as an exempt
organization or organizations under Section 501(c)(3)of the Internal Revenue Code of 1986(or the
corresponding provision of any future United States Internal Revenue Law) as the Board of
Directors shall determine.
VIII.
The Corporation may indemnify all of its officers, directors, employees or agents against
liability and litigation expense,including reasonable attorneys fees arising out of their status as such
or their activities in any of their corporate,capacities; provided, however, that there shall be no
indemnification of any of the above against liability or litigation expense he may occur on account
of his activities which were at the time taken,known or believed by him to be clearly in-conflict
with the best interests of the Corporation. Further any person who, at the request of the '
Corporation, is or was serving as a director, officer, employee or agent of another corporation,
partnership, joint venture, trust or other enterprise or as a trustee or administrator under an
employee benefit plan shall be likewise indemnified by the Corporation.
2
Certification#C201907917181-1 Reference#C201907917181-Page: 3 of 4
•
DC
The street address for the business and for the initial registered office of the Corporation in
the State of North Carolina is 109 Puddle Lane, Manteo, NC 27954. The mailing address for the
business and for the initial registered office is PO Box.388,Manteo,NC 27954;and the name of its
initial registered agent at such address is John M.Robbins,III.
x
The number of directors constituting the initial Board of Directors shall be three(3);and the
names and addresses of the persons who-are to serve as the initial'directors are as follows:
Name Address
John M.Robbins,El PO Box 388,Manteo,NC 27954
William G.Garner 3675 Marine Drive,Greenville,NC 27834
Josh Clark 3675 Marine Drive,Greenville,NC 27834
XI.
_ r
The name arid address of the incorporator is, E. Crouse Gray, Jr., Gray and Lloyd, LLP,
3120 N.Croatan Hwy.,Ste., 101,Kill Devil Hills,NC 27948...
XIL
No contract or other transaction between this non-profit Corporation and any other
corporation and no act of this Corporation shall in any way be affected or invalidated by the fact
that any of the directors of this Corporation are pecuniarily or otherwise interested in, or are
directors or officers of such other corporation; any directors individually,or any firm of which any
director may be a member, may be a party to or may be pecuniarily or otherwise interested in any
contract or transaction of this Corporation,provided that the fact that he or such firm so interested
shall be disclosed or shall have been.known.to the Board ofDirectors-or a majority thereof;and any
director of this Corporation who is also a director or officer of such other corporation or who is so
interested may be counted in determining the existence of a uorum at any meeting of the Board of
Directors of this Corporation,which shall authorize uch co tract or transaction with like force
and effect as if he were no such director or officer such othe orporation or not so interested.
IN TESTIMONY WHEREOF, I e hereunto my hand and seal this the 28t1' day of
March,2019.
(SEAL)
E. Crouse Gray;Jr.,Incorporator
N WORDClientsWAWInd Over Waves,UO13749-002 Incorporation of HOA1Arucles of lncorp for HOA.wpd
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Certification#C201907917181-1 Reference#C201907917181-Page:4 of 4
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to g''tGga Ft4RTte7 's
(Name of Pro a Owner)
property located at 2Co 1`86 Ott . WA-C SAW 0 t t4 c ( !ir( 1t4 Wot✓)
- I (Address, Lot,Block, Road, etc.)
�
on UGv , in 54LVnJ AI L >Of , N.C.
(Waterbody) (City/Tdwn and/or County)
.t + The applicant has described to me, as shown below, the development proposed at the above
locaye
I have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(Individual proposing development must fill in description below or attach a site grawing)•
WAIVER SECTION •
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin
must be set back a minimum distance of 15' from my area of riparian.access unless waived by
me. (If you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Prop O r fo ation) (Ad' Property er Information)
Sign re denature*
Print or Type ame J Print or Type Na e
Po �j x 11 Poyybox. 14I5
MailingEltdc(ioss gc 7i7q?7 M�A1lay tsl L 2 5+
City/State/Zip Address
atl Ci /State ip `
9i�_33y-79it -fwh3ra „ 4,,� 2ry52•'z3•v91b
Telephone Number/email address Telephone Number/email address
Date 144.Iy �l 7, Date* 2qI 2�LD
(Revised Aug. 2014)
*Valid for one calendar year after signature*
NC Division of Coas'ai Mgt. Habitat Impact Computer Sheet
Applicant rG le
t4A V-0 -Fe -rid, / ( �� L.i�lvSs
Date: 2 07 Nt
General Permit#: —7 V O
Describe below the HABITAT disturbances for the application. Ali values should match the name,and units of measurement
found in your Habitat cede sheet
TOTAL Sq. Ft ANAL Sq. Ft. TOTAL Feet FINAL Feet
(Applied for. (Anticipatedflnal (Applied For. (Anticipated final
DISTURB TYPE Disturbance total disturbance Disturbance disturbance.
Habitat dame Choose One includes any Excludes arty total includes Excludes any •
anticipated restoration any anticipated restoration and/or
restoration or and/or Temp restoration or temp impact
temp impacts) impact am cunt) temp impacts) amount)
4.q..u,=. Dredge❑ Fill❑ Both ❑ Other ❑ -?yZ ) 2
Dredge❑ Fill❑ Both 0 Other 0 ")ote {:7 1 t) , .
Dredge❑ Fin❑ Both ❑ Other ❑
I Dredge 0 Fill❑ Both 0 Other 0
Dredge 0 Fill❑ Both ❑ Other ❑
Dredge 0 Fill El Both 0 Other ❑
Dredge❑ Fill❑ Both ❑ Other ❑
Dredge 0 Fill 0 Both 0 Other 0
Dredge❑ Fill 0 Both 0 Other ❑
Dredge El Fill❑ Both 0 Other 0
Dredge 0 Fill❑ Both ❑ Other ❑
• Dredge 0 Fill❑ Both ❑ Other ❑
Dredge❑ Fin 0 Both ❑ Other 0
Dredge❑ Fill❑ Both 0 Other ❑