HomeMy WebLinkAbout20-19 TX WLI Investments LLCMvk5_11
Permit Class
TRANSFER
Permit Number
20-19
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 WLI Investments LLC c/o Mr. D Logan 60 Gregory Road, Suite 1, Belville, NC 28451
Authorizing development in Pender County adiacent to Topsail Sound/AIW W, at Factory
Road, Hampstead , as requested in the permittee's application dated 10/30/18, including attached
workplan drawings (19) Sheets 1-19 of 19 all dated revised 02/18/19.
This permit, issued on June 6, 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.
Upland Development
1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing
activities associated with the development of the I I9-lot subdivision, 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) RECEIVED
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
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
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.
JUN 19 2019
HD CITY
Signed by the authority of the Secretary of DI tl and the
Chairman of the Coastal Resources Commission.
':Fo►. Y /7 !p�
TiA Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Petmittee
WLI Investments, LLC
Marina
Permit No. 20-19
Page 2 of 6
2) Unless specifically altered herein, this permit authorizes the docks, piers and other structures and uses
that are expressly and specifically set forth in the attached permit application and workplan drawings.
No other structure, whether floating or stationary; shall become a permanent part of this docking facility
without permit modification. No non -water dependent uses of structures shall be conducted on, in or
over public trust waters without permit modification.
3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
4) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal
facility shall be installed and operable at an easily accessible location. The pumpout facility shall be
maintained in operable condition for the life of the marina.
5) _ The manna shall display a sign showing the location of the on -site pumpout facility, including other
appropriate waste disposal information, at the entrance and exit from the main pier.
6) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on -site with a
representative of the Division to ensure that the required pumpout facility is in place and operable.
7) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
8) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
9) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structures in order to make them more visible during hours of darkness
or inclement weather.'
10) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
11) This permit authorizes seventy-five (75) formalized boat slips within the upland basin and nine (9)
formalized boat slips within the entrance channel to the upland basin.
WLI Investments, LLC
Permit No. 20-19
Page 3 of 6
ADDITIONAL CONDITIONS
Restrictive Covenants
12) In accordance with commitments made by the permittee, and to ensure compliance with Marine
Fisheries Commission Shellfish Sanitation rules and Division of Water Resources water quality
standards for surface waters, restrictive covenants shall be placed on lots within the entrance canal to the
upland marina as depicted and described on workplan drawing 5 of 19. As currently numbered, Lots 58,
59, 66, and 67 shall be prohibited from having any boat slips. Lot 57 shall only be allowed one (1) boat
slip located along the southernmost 39' of its canal shoreline. Lots 50 through 56 shall be restricted to
one (1) boat slip each. The Medlin property at 209 Lea's Lane and the Lea property at 301 Lea's Lane
shall be restricted to one (1) boat slip each.
13) Drafts of the restrictive covenant instruments shall be provided to the Division of Coastal Management
for review prior to execution and recordation. These Restrictive Covenants shall be recorded with the
Pender County Register of Deeds, and copies of the recorded instruments provided to the Division of
Coastal Management, prior to the initiation of any construction.
Excavation
14) Prior to the initiation of any dredging activities within the channel along the open shoreline (waterward
of Lots 41-49 in the attached workplan drawings), the permittee shall, in coordination with the Division
of Marine Fisheries, develop and implement an oyster relocation plan for the oyster population. Contact
the Division of Marine Fisheries at (252) 808-8050 to initiate the required coordination. Notice of
satisfactory completion of the relocation efforts shall be provided to the Division of Coastal
Management prior to initiation of dredging in channel along the open shoreline.
15) In order to protect juvenile shrimp and finfish populations, no open water excavation shall be permitted
between April 1 and September 30 of any year without the use of turbidity curtains.
16) An earthen plug shall be left between the area to be excavated and the existing waters of Topsail Sound
and a 24-hour period after completion of excavation shall elapse prior to plug removal to prevent
unnecessary siltation into the adjacent water body.
17) No excavation shall take place outside the area indicated on the attached workplan drawings.
18) Excavation shall not exceed -6 feet below the normal low water level within the access channel to the
AIW W and -4 feet below the normal low water level within the area adjacent to Lots 41-49 as depicted
in workplan drawing 19 of 19. In no case shall the depth of excavation exceed the depth of the
connecting waters.
19) The temporary placement or double handling of excavated materials within waters or vegetated wetlands
is not authorized.
RECEIVED
JUN 19 2019
t7CM-MHD CITY
WLI Investments, LLC
ADDITIONAL CONDITIONS
Maintenance Clause
--------- -
Permit No. 20-19
Page 4 of 6
20) The Division of Coastal Management will be notified in writing at least two (2) weeks in advance of any
maintenance excavation workauthorized by this permit and that notification include:
a. The number of the original permit
b. A statement that no dimensional changes are proposed
c. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained
and the area to be used for dredge spoil, and the estimated amount of material to be removed.
d. The date of plan revision and the permittee's signature shown anew on the original plan.
Spoil Disposal
21) 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.
22) The disposal area effluent shall be,contained by pipe, trough, or similar device to a point at or beyond
the normal low level to prevent gully erosion and unnecessary siltation.
23) The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the dike
and a maximum distance from spillways to allow settlement of suspended sediments.
24) A water control structure shall.be installed at the intake end of the effluent pipe to assure compliance
with water quality standards.
25) The diked disposal area shall be constructed a sufficient distance from the normal high water level or
any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters.
26) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
beginning of any dredge activities.
Shoreline Stabilization
27) The authorized bulkhead and rip rap shall adhere to the alignment depicted on the attached workplan
drawings. Any proposed development depicted on the Medlin property at 209 Lea's Lane and Lea
property at 301 Lea's Lane within the attached application and workplan drawings are hereby deleted
from this authorization.
28) The rip rap sill material shall consist of clean rock or masonry materials such as, but not limited to,
granite, marl, or broken concrete. It shall be of a size sufficient to prevent its movement from the site by
wave or current action.
29) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.
30) The bulkhead shall be constructed prior to any backfilling activities.
WLI Investments, LLC Permit No. 20-19
Page 5 of 6
ADDITIONAL CONDITIONS
31) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
32) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
33) All backfill material shall be clean and free of any pollutants except in trace quantities.
Sedimentation and Erosion Control & Stormwater
34) A Stormwater Permit will be required for this project. This application must be filed at least thirty (30)
days prior to the beginning of any land disturbing activity. Submit this plan to the Department of
Environmental Quality, Division of Energy, Minerals and Land Resources, 127 Cardinal Drive
Extension, Wilmington, NC 28405.
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environmental Quality, Division of Energy, Minerals and Land
Resources, 127 Cardinal Drive Extension, Wilmington, NC 28405.
35) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
36) 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. At a minimum, a silt fence shall be properly installed
immediately landward of the bulkhead cap immediately following completion of backfilling activities.
General
37) No development activities authorized by this pernut shall be initiated until such time as the purchase of
the property by the permittee has been finalized and such documentation has been provided to the
Division of Coastal Management.
38) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
RECEIVED
JUN 19 Z019
DCM-MHD CITY
WLI Investments, LLC Permit No. 20-19
Page 6 of 6
ADDITIONAL CONDITIONS
39) If the crossing of wetlands with mechanized construction equipment is necessary, temporary
construction mats shall be utilized.for the areas to be crossed. The temporary mats shall be removed
immediately upon completion of construction.
40) No vegetated wetlands' or open water areas'shall be excavated or filled, even temporarily, outside of the
areas indicated on the attached workplan drawings.
41) 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.
42) The pemuttee 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: 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. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: Installation of new water mains will require engineered plans and specifications to be submitted
to the Public Water Supply Section for review and approval before installation, and the existing
Publiq Water Supply Well on site will need to be abandoned. Please contact Public Water Supply
at 916-796-7215.
NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No.
2018-1527v1.
NOTE: The U.S. Army Corps of Engineers assigned COE Action Id. No. SAW-2018-01501.
NOTE: A permit transfer application processing fee of $100 was received by DCM for this project.
ROY COOPER
Govemor
NORTH CAROLWA
MEMORANDUM
TO: Courtney Spears
Major Permits Section
FROM: Jason
Field Re tative, Wilmington
THRU: Debra D. Wilson Q ga
District Manager, Wilmington
DATE: May 29, 2019
MICHAEL S. REGAN
Se—ary
BRAXTON DAVIS
Drecror
SUBJECT: Permit Transfer Request
CAMA Major Permit #20-19, D. Logan for WLI Investments, LLC, Hampstead,
Pender County
Mr. D. Logan, managing member representing the new owner (WLI Investments, LLC)
of property being developed under CAMA Major Permit #20-19 is requesting a permit transfer
of State Permit #20-19. State Permit #20-19 was originally issued on March 29, 2019 to Logan
Development Inc. (for "Shoal's at Lea's Waterfront"), authorizing construction of a residential
subdivision and marina facility, adjacent to Topsail Sound, at the end of Factory Road, in
Hampstead, Pender County.
Mr. Logan is requesting transfer of State Permit #20-19, from Logan Development, Inc.
to WLI Investments, LLC. Mr. Logan states that the company would utilize the permit for which
it was authorized. The new property owner has submitted a check (Ck. No. 65028) in the
amount of $100.00 for the transfer request. This office has no objections to the request.
V<L vkaIV 1 VhPrG�
Volob Mollvh� bWR
State ofNort6 Carolina I Envaoomental Quality I Coastal Management
127 Cardinal Drive Em., Wilmingtoo, NC 29405
919 796 7215
RECEIVED
JUN 11 2019
DCM-MHD CITY
WLI Investments, LLC
May 21, 2019
WLI Investments, LLC
60 Gregory Road, Ste. 1
Belville, NC 28451
Manager, D Logan
Jason Dail
Division Coastal Management
127 Cardinal Dive Extension
Wilmington, NC 28405
RE: Permit Transfer Request, CAMA Permit Major 20_19, Fender County
Dear Mr. Dail,
On behalf of WLI Investments, LLC, I am requesting the transfer of CAMA Permit Major 20_19 from
Logan Development, Inc to WLI Investments, LLC.
I have enclosed a copy of the deed transferring the property form Bert Lea, et al to WLI Investments,
LLC.
It is our intent to use the permit for its original intended purpose and to conform to the permit
conditions until such time as any future permit may be authorized. Also enclosed is the transfer fee
check for $100. Please use the above contact information for the permittee. Thank you for your
assistance.
Sincerely,
D Logan
910-443-2869
WLI Investments, LLC
Manager/Member
CC: Greg Finch, Land Management Group
11
RECEIVED
MAY 2 4 2019
60 Gregory Road, Ste. 1 Belville, NC 28451
DCM WILMINGTON, NG
Bl lllllllllplllllllllllllllflhl
Doc No' 20048771
Recorded: OSI08@019 0 Fege 411 of 8
Fee MR: g28.00
Excise Tax: 521.000.00
pander County orth arolina
Sharon Lear Willoughby Register of Deeds
BK 4684 PG 1175 - i180 (6)
THE ATTORNEY PREPARING THIS INSTRUMENT HAS MADE NO RECORD SEARCH OR
TITLE EXAMINATION AS TO THE PROPERTY HEREIN DESCRIBED, UNLESS THE SAME
IS SHOWN BY HIS WRITTEN AND SIGNED CERTIFICATE.
Mail after recording to: This instrument was prepared by:
WLI Investments, LLC F. Daryl Mills, PLLC
60 Gregory Road, Ste.1 5710 Oleander Drive, Suite 204
Belville, NC 28451 Wilmington, NC 28403
FDM #18-030CIV
Brief description for the Index: 68.808 acres, more or less
Parcel No: 32 45-5001-0000;fir W 3Z 9z - pS''Gdis'o"A'; 32fa - r�sc- SnNB- ear. 3z9z yK ��89.a
Rev: $Z�'W"'23►:'boo ;t9?^Mµ SL4�l-emd;32Ss-Fv•fS88-Ga�
STATE OF NORTH CAROLINA
COUNTY OF PENDER
THIS DEED made this 30th day of April, 2019 by and between BERT L. LEA, JR, and wife,
BARBARA PARKER LEA; DOROTHY LEA MEDLIN, widow; and JLIkY LEA LANE
and husband, CHARLES M. LANE, 301 Leas Lane, Hampstead, NC 28443, hereinafter
GRANTOR, and WLI INVESTMENTS, LLC, a North Carolina limited liability company,
60 Gregory Road, Ste. 1, Belville, NC 28451, hereafter 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.
BLOCK, CROUCH, KEETEA
BEHM & SAYED, LL.P.
WILMINGTON, INC
WITNESSETH:
RECEIVED
JUN 11 2019
RECEIVED
MAY 2 4 2019
DCM-MHD CITY DCM WILMINGTON, NC W/
That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in
fee simple, all that certain lots or parcels of land situated in Pender County, North Carolina and
more particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE MADE A
PART HEREOF AS THOUGH FULLY SET OUT HEREIN.
The real property conveyed herein is subject to a right of way and easement for
ingress, regress and egress over, across and through Lea's Lane from N.C. State
Road 1570 (presently known as Factory Road) to the real property owned by the
Grantors named above adjacent to and generally South of the real property
conveyed herein. This reservation of easement and right of way is to preserve
and reserve in perpetuity access to the residences and other property of the
Grantors and shall run with the land.
The properties hereinabove described were acquired by Grantors by deed recorded in Pender
County Registry, North Carolina. The preparer of this instrument has been informed that
property described above does not include the primary residence of the grantor, but no
independent verification has been made and none is represented h=in.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple,
has the right to convey the same in fee simple, that title is marketable and free and clear of all
encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all
persons whomsoever except:
1. All restrictive covenants of record;
2. Ad valorem taxes for the year 2019 and thereafter;
3. All utility easements, permits and rights of way of record;
4. All zoning, land use and planning ruIes, regulations, ordinances and statutes.
RECEIVED
ak 4684
Pg 1176
RECEIVED
JUN 11 2019 W; 2 4 2C19
DCM-MHD CITY
DCM WILMINGTON, NC
ak 4684
P9 1177
IN WITNESS WHEREOF, the Grantors haves hereunto set their hands and seals the day and
year first above written.
i
STATE OF NORTH CAROLINA
COUNTY OF /end�e
C /Zoaect e� , a Notary Public of the County of ,�/ei and
State aforesaid, do hereby certify that BER L. LEA, JR. and wife, BARBARA PARKER LEA
personally appeared before me this day and acknowledged the due execution of the foregoing
instrument for the purposes therein expressed.
WITNESS my hand and official stamp or seal, this the 30 day of April, 2019.
My Commission Expires:
visa 9
(AFFIX NOTARIAL SEAL)
G
NOTARY $=
PUBLIC
Gc
I mdd C %dot.-/tcs.Notary Public
w«tsr
RECEIVED
JUN 112019
ADDITIONAL SIGNATURES NEXT PAGE DCM-MHD CITY
RECEIVED
�Wl 2 1 2019
DCM WILMINGTON, NC
Bk 4%4
Pg 1178
STATE OF NORTH CAROLINA
COUNTY OF )ZgVe,✓
L 4,a/, C' A,4 ,/e¢li. , a Notary Public of the County of and
State aforesaid, do hereby certify that DOROTHY LEA M DLIN personally appeared before
me this day and acknowledged the due execution of the foregoing instrument for the purposes
therein expressed.
WITNESS my hand and official stamp or seal, this the 3 0 day of April, 2019.
�j�C' vdegi. Notary Public
My Commission Expires:
Y--1sa-3
(AFFIX NOTARIAL SEAL)
NOTARY
PUBLIC
ADDITIONAL SIGNATURES NEXT PAGE
RECEIVED
JUN 11 2019.
DCM-MHD CITY
RECEIVED
MAY 2 4 2019
DCM WILMINGTON, NC
9k4654
Pg 1179
I
STATE OF NORTH CAROLINA
COUNTY OF
I, C Xoc Jezw , a Notary Public of the County of and
State aforesaid, do hereby certify that JUDY LEA LANE and husband, CHARLES M. LANE
personally appeared before me this day and acknowledged the due execution of the foregoing
instrument for the purposes therein expressed.
WITNESS my hand and official stamp or seal, this the
30 daff�y// of April, 2019.
C Xo eau., NotaryPublic
My Commission Expires:
(AFFIX NOTARIAL SEAL)
NOTARY
PUBLIC
RECEIVED
JUN 112019
DCM-MHD CITY
RECEIVED
MAY 2 4 2019
DCM WILMINGTON, NC
Bk 4684
Pg 1180
EXHIBIT "A"
BEING all of that real property described as TRACT 1, consisting of 68.808 acres, more or
less, as shown on that map recorded in Map Book (p3 , Page/ 5i-lgbPender County
Registry, reference to which map is hereby made for a more particular description.
RECEIVED
JUN 11 2019
DCM-MHD CITY
RECEIVED
MAY 2 4 2019
—'CM WILMINGTON, PIC
Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
;NumberlComments
6/5/2019
WLI Investments
Logan
Corning
65028
$100.00
majer fee 20-19, end of
JD rct.
LLC
Development to
Credit
FactHampstead PnCo
8234
WLllnvestments
Union
LLC
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