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HomeMy WebLinkAbout134-21TX Bogue Watch Homeowners Association IncPermit Class TRANSFER STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vemit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 -X- Excavation and/or filling pursuant to NCGS 113-229 Permit Number 134-21 Issued to _ Bogue Watch Homeowners Association Inc.. 4644-B Arendell St.. Morehead City. NC 28557 Authorizing development in Carteret County at adj. to Bogue Sound and the AIW W. at Bogue Watch S/D, near Bogue as requested in the permittee's application dated 6111119, including attached workplan drawings (4), Sheets C1-C4 all dated 6128/19. This permit, issued on March 7, 2022 , 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 permitto-bean&and void. Maintenance Excavation 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) Excavation shall not exceed 4.5 feet below the normal low water level within the basin and -6 feet below normal low water level within the access channel. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for Additional Cpnditions) Ibis permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty (20) days ofthe issuing date. of the Coastal Resources Commission. This permit must be accessible rn-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, 20244 T i�d Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. 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 DCM Coordinator: !] l J Permit #: (3 "l _Z ( 7; Agents: DCM Field Offices Elizabeth City Morehead City US ACOE Offices: Washington: MAIIdNG DISTRIBUTION SHEET Washington Wilmington (with revised work plan drawings) (OBJECTIONS ) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Washington: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Chris Pullinger — 401 Clif Whitfield (WARD) Jimmy Harrison Tina Martin - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquiman, Tyrrell, Washington) Wilmington: Holley Snider — 401 (Fender, Brunswick, New Hanover) John Perry — 401 (Onslow, Carteret) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Natural Heritage Program LPO: Maria Dunn (WARO) Rodney Butler (NCDOT) Travis Wilson NC Division of Coastal Management CAMA Major Permit Renewal Request District: Morehead City Major Permit Staff: Gregg Bodnar Applicant Information Name: Iast � .First Project Address: Street Address City Request Date: Received in Office: CAMA Permit No.: \ Permit Expiration Date: JLQ' 0-q Payment $ Agent's Name: District Manager/Field Rep Approve? (Initial YES No Appropriate Box) ❑ ❑ DWR Project No: Has substantial development occurred? Other Information If Yes, YES No Explain ❑ ❑ YES NO Recommend to Renew? ❑ ❑ If Not Approved, provide Justification: Staff Signature: USACE Action ID No.: ZIP Code Memo To: Amanda Cannon, Administrative Support, Division of Coastal Management, North Carolina Department of Environmental Quality ("NCDEQ") From: David Mason for WSLD VI Watch, LLC, and Shelley Kaercher, President for the Bogue Watch Homeowners Association, Inc. Date: February 4, 2022 Re: Transfer of the WSLD VI Watch, LLC, to the Bogue Watch Bogue Watch Homeowners Association, Inc. Attached are the following documents for the CAMA Permit transfer to the Bogue Watch Homeowners Association, Inc. • Copy of the North Carolina Non -Warranty Deed from WSLD Bogue Watch VI, LLC, to the Bogue Watch Homeowners Association, Inc., and a copy of the CAMA Permit No. 134- 21. • Copy of the CAMA Permit No. 134-21. • Check payable to NCDEQ for $100 for the transfer. Permit does not expire until 2024, renewal not needed at this time. • Mail Memo and check to NCDEQ, 400 Commerce Avenue, Morehead City, NC 28557 • The address for the transfer is: • Bogue Watch Homeowners Association, Inc. c/o Community Association Management Services ("CAMS") 4644-B Arendell Street Morehead City, NC 28557 Attention: Krista Elliott Thank you for transferring the CAMA Permit to the Bogue Watch Homeowners Association. Please email a copy of the transferred CAMA Permit to kaercheralandeavor.com. RECEIVED FEB 14 19ZZ DCM-MHD CITY FOR REGISTRATION REGISTER OF DEEDS Karen S. Hardesty Carteret County, NC June 10, 2019 2 09:15 PM DEED # Pages: 5 Fee $26.00 NC Revenue Stamp $0.00 FILE # 1640172 This instrument prepared without benefit of title examination or opinion. Prepared by: Keith D. Bums, Nexsen Pruet, PLLC, 4141 Parklake Ave, Ste 200, Raleigh, NC 27612 Return To: WSLD Bogue Watch Vl, L.L.C. c/o Landeavor, 9101 Southern Pine Boulevard, Suite 210, Charlotte, NC 28273 PARCEL NOS. Brief description for the Index: Common Area, Bogue Watch Subdivision Excise Tax: $0.00 NORTH CAROLINA NON -WARRANTY DEED THIS DEED made this 1 Oth day of June 2012, by and between: WSLD BOGUE WATCH VI, L.L.C., a Delaware limited liability company 9101 Southern Pine Boulevard, Suite 210 Charlotte, NC 28273 ("Grantor") and BOGUE WATCH HOMEOWNERS ASSOCIATION, INC., a North Carolina nonprofit corporation c/o 1612 Military Cutoff Road, Suite 108 Wilmington, NC 28403 ("Grantee") The designation, Grantor and Grantee as used herein, shall include said parties, their heirs, successors and assigns and shall include singular, plural, masculine, feminine or neuter as required by context. RECEIVED FEB 14 2022 DCM-MHD CITY 1640172 WITNESSETH, that Grantor, for valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee in fee simple, all those certain lots or parcels of land situated in Carteret County, North Carolina, and more particularly described as follows (the "Property': [See "Exhibit A" attached hereto and incorporated herein by reference, for the legal description of the Property.] The Property herein conveyed was acquired by Grantor by instrument recorded in Book 1408, Page 364, in the Office of the Register of Deeds of Carteret County, North Carolina (the "Carteret County Registry"). The Property described herein does not include the primary residence of the Grantor. Grantor hereby reserves unto itself, and its successors and assigns, all rights of the Declarant with regard to the Property, as set forth in the Declaration of Protective Covenants, Restrictions, Easements, Charges, and Liens for Bogue Watch recorded in the Carteret County Registry on October 10, 2006, in Book 1193, Page 161, et seq., as amended by instruments recorded in Book 1385, Page 51, et seq., in Book 1440, Page 17, et seq., at File #1638350, and by such other amendments as may now or hereafter be recorded in the Carteret County Registry (as amended, the "Declaration"), as such rights were assigned by instruments recorded in Book 1368, Page 9, et seq., and in Book 1408, Page 368, et seq., in the Carteret County Registry. Grantor reserves for itself, its successors and assigns, an easement of access on and over the Property for the purpose of construction, location, installation, inspection, maintenance, repair, and operation of any improvements on the Property for the benefit of Grantee and its members, for the purpose of development of any property owned by Grantor in the vicinity of the Property, or for purposes of correcting (in Grantor's discretion and without obligation) any drainage or other condition on the Property or adjacent property which adversely impacts the Property or other real property, which easement shall terminate automatically with no further documentation on that date which is twenty (20) years after the date hereof. All of the Property conveyed hereby is "Common Area' or "Common Area and/or Private Open Space" as those terms are defined in the Declaration, and is conveyed subject to all easements, rights and obligations pertaining to Common Area or Common Area and/or Private Open Space under the Declaration, specifically including, without limitation, the Declarant's rights to designate portions of the Property as Limited Common Area in accordance with the Declaration. Grantee, by accepting this North Carolina Non -Warranty Deed, acknowledges that all or a portion of the Property may be subject to the terms of that Agreement between West Carteret Water Corporation, a North Carolina non-profit corporation, REDUS NC Coastal, LLC, a Delaware limited liability company, and Grantee dated August 2, 2011 and recorded on August 22, 2011 at Book 1384, Page 75, et seq., Carteret County Registry (the "WCWC Water Agreement"). RECEIVED FEB 14 2022 DCM-MHD CITY 1640172 By acceptance and recordation of this Deed, Grantee acknowledges that the Property is conveyed in its "as is" condition, and Grantor expressly disclaims any warranty, express or implied, of any kind or any nature whatsoever with respect to the condition of the Property or any improvements thereon. TO HAVE AND TO HOLD, the aforesaid Property and all privileges and appurtenances thereto belonging to Grantee in fee simple. Grantor makes no warranty, express or implied, as to the title to the Property hereinabove described. Title to the Property is conveyed subject to the following exceptions: 1. All restrictions, general notes, and other matters shown on the plats referenced on Exhibit A, attached hereto; 2. All easements, rights, obligations, restrictions and other encumbrances set forth in the Declafation, as amended; 3. That Agreement between West Carteret Water Corporation, a North Carolina non-profit corporation, REDUS NC Coastal, LLC, a Delaware limited liability company, and Grantee dated August 2, 2011 and recorded on August 22, 2011 at Book 1384, Page 75, et seq., Carteret County Registry (the "WCWC Water Agreement"). 4. Subdivision and other similar governmental regulations and approval conditions now existing relating to the Property; 5. The covenants and reservations contained in this deed; 6. All other easements, rights of way, limitations, conditions, covenants, restrictions and other matters of record; 7. Rights of others in and to all easements and rights -of -way that abut or cross the Property, including, but not limited to, utility and drainage easements, whether appearing of record or shown on any recorded plat identified or referred to in this Deed; 8. Rights of upper and lower riparian owners in and to the waters of streams, creeks or branches crossing or adjoining the Property, and the natural flow thereof, free from diminution or pollution; 9. Matters that would be disclosed by an accurate survey of the Property; 10. Any and all utility, drainage or other similar appurtenances, improvements and fixtures located on or in the Property; and 11. Ad valorem property taxes not yet due and payable. RECEIVED FEB 14 2022 DCM-MHD CITY 1640172 IN WITNESS WHEREOF, Grantor has caused this instrument to be signed in its company name this Coj*—k day of 1lJW_ 20 19 . WSLD BOGUS WATCH VI, L.L.C., a Delaware limited liability company By: WSLD NGSC Portfolio Investors VI, L.L.C., a Delaware limited liability company, its Managing Member By: Walton Landeavor Holdings VI, L.L.C., a Delaware limited liability company, its Managing Member By: Walton Landeavor Investors VI, L.L.C., a Delaware limited liability company, its Managing Member By: Walton Acquisition REOC Master VI, L.L.C., a Delaware limited liability company, its Sole Member By: Walton Street Real Estate Fund VI-Q, L.P., a Delaware limited partnership, its Managing Member By: Walton Street Managers VI, L.P., a Delaware limited partnership, its General Partner By: WSC Managers VI, Inc., a Delaware corporation its General Partner By: �—L/ .C' Name: �optay,. �T Sunk{ Title: Vf STATE OF ��--Z" COUNTY OF C�%,�c_ I, the undersigned Notary Public for the aforesaid State and County, hereby certify that 1�, x personally came before me this day and acknowledged the due execution of the forego' instrument. Witness my hand and official seal, this the (,0— day of nt, 20 T (Seal) PAnted ame: R c4 to, 4 VA Sek✓ My commission expires: 2% % %Q 4 OFFICiALSEAL RECEIVED MICHELLE 1HLLASENOR NOTARY PUBLIC -STATE OF ILLAI 1:. MY COMMISSION EXPIRE&I208 'Ic FEB 14 2022 DCM-MHD CITY 1640172 EXHIBIT A TO NON -WARRANTY DEED Description of Property All that tract or parcel of land lying and being in White Oak Township, Carteret County, North Carolina and being more particularly described on that As Built Survey of Bogue Watch Community Boating Facility Slips 1-27, signed and sealed by E. Glenn Corbett, Professional Land Surveyor, License No. L-3407, and recorded in the Carteret County Registry on May 15, 2019 as File #33805 in Map Book 33, Page 805; BUT SPECIFICALLY EXCLUDING THEREFROM those facilities, if any, within the above - described property used to connect to the existing water distribution system or trunk water mains, and all other equipment necessary or proper to serve all potable water connections in the Subdivision, including, without limitation, any 2", 4", 6" or 8" water mains, valves, hydrants, water service lines, and other appurtenances comprising the Water Facility System conveyed to West Carteret Water Corporation pursuant to the WCWC Agreement referenced in this Non - Warranty Deed. RECEIVED FEB 14 2022 DCM-MHD CITY Permit Class AMENDED STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to WSLD Bogue Watch VI LLC., 312 Chrismill Lane, Holly Springs, NC 27540 Permit Number 134-21 Authorizing development in Carteret County at adj. to Boeue Sound and the AIW W. at B09LIe Watch S/D, near BoQue , as requested in the petmittee's application dated 6/1 1/19. including attached workplan drawings (4), Sheets C I-C4 atf dated 6/28/19. e This permit, issued on October 6, 2021 is sdbje6t to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these tetras may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Maintenance Excavation I) In order to protect juvenile shrimp and finftsh populations, no excavation or filling shall be permitted between April I and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) Excavation shall not exceed -4.5 feet below the normal low water level within the basin and -6 feet below normal low water level within the access channel. In no case shall the depth of excavation exceed the depth of connecting waters. (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, 2024 Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Z_///ez�� Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that RECEIV your project is consistent with the North Carolina Coastal Management Program. Signature oC1Le6n4tee. DCM-MHD CITY WSLD Bogue Watch VI LLC. Permit No. 134-21 Page 2 of 3 ADDITIONAL CONDITIONS 4) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 5) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the pertnittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 6) The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat does not result from the constriction and/or operation of the authorized facilities. Should dredging of these areas be proposed in the future, the permittee is further advised that the Rules of the Coastal Resources Commission prohibit new dredging within SAV beds. Dredee Material Disoosal 7) No dredge material shall be placed within 30 feet of the normal high-water line. 8) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the site is graded and stabilized. 9) The dredge material disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Maintenance Clause 10) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this pen -nit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for dredge material disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the dredge material disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. USACE Conditions 11) In order to further protect the endangered West Indian Manatee, Trichechus manattu, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf. RECEIVED -_r OC.M-+4l 4n WSLD Bogue Watch VI LLC. ADDITIONAL CONDITIONS Sedimentation and Erosion Control Permit No. 134-21 Page 3 of 3 12) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 13) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. General 14) 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. 15) All constntction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in appropriate waste receptacles in an upland location. 16) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 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: The U.S. Army Corps of Engineers authorized the project by way of Nationwide Permit 35 (Action ID SAW-2006-40456). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2006-1250 v3. 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. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high-water level. NOTE: An application processing fee of $475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. RECEIVED FEB I-, Li DCM-MHD CITY NC Division of Coastal Management Cashier's Official Receipt - I5 Received From: W�� �y Ol^Iyp, A AA V Permit No.: dbtA i O / 'i'ruyl.SE—G Applicant's Name: �Ck"V—L Project Address: 17396 A BdD Date: / `/ 20 020 $ 1 OQ - Check No.: County: I,fAr Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: Signature of Field Representative: