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HomeMy WebLinkAbout122-03 Minor Mod 2003 Therrell, TommyPermit Class MODIFICATION/MINOR STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ,Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Nurnt 122-03 Issued to Tommy Therrell 1712 Ruben Road, Monroe, NC 28112 Authorizing development in Brunswick County at AAM between Saucepan Creek & Shallotte River on Monks Island , as requested in the permittee's application dated letter dated 9/26/03 & written statement dated 12/5/03, including the attached workplan drawings (4), Sheets 6, 9 & 10 of 10 dated rev. 9/24/03 & Sheet 6A of 10 dated 9/24/03. This permit, issued on December 11, 2003 , 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) This minor modification authorizes the installation of the utilities for the previously permitted development on Monks Island, including the directional boring under the AIWW, all as expressly and specifically set forth in the letter dated 9/26/03 and depicted on the attached workplan drawings. 2) In order to comply with Condition No: 26 of the original permit, and in accordance with the pennittee's written notification signed and notarized on 12/5103, no public monies will be utilized for the construction or perpetual maintenance of any utilities associated with this project. The prohibition of the expenditure of public monies shall remain in force for the life of the permitted project. 3) In order to comply with Condition No. 27 of the original permit which required deed restrictions on all lots prohibiting the expenditure of public monies, and in accordance with -the permittee's written notification signed and notarized on 12/5/03, deed restrictions will be recorded with the Brunswick County Register of Deeds prior to the transfer of any property, and copies of these deed restrictions shall be provided to the Division of Coastal Management. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of, the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. 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, 2006 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. onna D. Moffitt, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee \1 Tommy Therrell Permit #122.03 Page 2 of 2 ADDITIONAL CONDITIONS 4) All materials resulting from the directional boring and trenching activities will be confined above mean high water and landward of regularly or irregularly flooded marsh. 5) All utility lines must be installed underneath the AIWW and coastal wetlands by directional drilling and must be installed at least six feet below the two foot over depth cut of the federal channel of the AIWW. 6) Appropriate sedimentation and erosion control devices, measures or structures (e.g. silt fence, diversion swales or berms, sand fence, etc.) must be implemented to prevent spillover of solids into any marsh or surrounding waters. 7) No coastal marsh will be excavated or filled. NOTE: The permittee is advised that the Division of Environmental Health, prior to the award of a contract or the initiation of construction, must approve plans and specifications for all water system improvements as required by T15A:18C.0300 et. seq. For more information, contact the Public Water Supply Section at (919) 733-2460. 8) This minor modification must be attached to the original of Permit No. 122-03, which was issued on 9/16/03, and all documents must be readily available on site when a Division representative inspects the project for compliance. 9) All conditions and stipulations of the active permit remain in force under this modification unless altered herein. NOTE: The permittee is reminded that Condition No. 27 of the original permit states "In order to ensure compliance with Condition No.. 26 of this permit, the permittee shall place deed restrictions on all lots referencing the prohibition of the expenditure of public monies referenced in Condition No. 26 of this permit. The deed restrictions shall be recorded with the Brunswick County Register of Deeds and a copy of the recorded deed restrictions supplied to the Division of Coastal Management prior to the initiation of any activities authorized by this permit." This office has not received copies of the required deed restrictions. Permit # 4aa-U3 DCM Coordinator: ✓S• MAILING DISTRIBUTION: Permitee• Z(CN/t/ Agent DCM Field Offices: BiizAeth City Morehead City W-a� Wilmington US Army Corps of Engineers (USACE): Wa on: Mike Bell (NCDOT) - leco OT) RateighSland Wilmington: D Henry Wicker Others: CCiE'canl I�e9eHfeB3�-�cCnee vi ui iii early En Marine Pies! Mike &+eer- NEDAT-des Shellfish Sanitation: Patti Fowler S W T) �x'ater Itesearees- 7oh 4,thrrlan�l Wil FAXING DISTRIBUTION: q �i Permiteeat 70zl Agent at? I d -7 DCM Field Offices: Morehead City Wilmington US Army Corps of Engineers (USACE): WAb%gtQX..Mike Bell (NCP914 BillTftWizee i)LCDOT) eigh Bland Wilmington: D Henry Wicker rr..aAroa A. WIR/Ili East Coast Engineering Company, P.A. 4918 Main Street Fax: 910.754,8049 Consulting Engineers Post Office Box 2469 Office: 910.754.8029 Shallotte, NC 28459 January 24, 2006 Mr. Jim Gregson, District Manager Division of Coastal Management NC Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 Subject: Monks Island CAMA Major Permit No. 122-03 Recorded Deed Restrictions Dear Mr. Gregson: Enclosed for your reference are the documents required by Coastal Re�U fte'S S dsCln DCM Number 122-03. The enclosed deed restrictions are provided to comply with Condition Number 27 of the permit. If you have any questions, or require any additional information, please contact our office. Sincerely, Elizabeth M. Nelson, P.E. Enclosures Copy: Mr. Tommy Therrell, with enclosures File: 0515 (Monks Island) Bnnnswick County Reg1ster of Deems Robert J. Robinson Inst #232506 Book 2022Page 726 10/06/2004 11:15: 09am Rec# RET TOTALZI�REV TC# REC# CKAMT CK# CASH REF BY .} SUPPLEMENTAL DECLARATION OF COVENANTS, RESTRICTIONS, EASEMENTS, CHARGES AND LIENS FOR THE MONK ISLAND PHASE OF BRANTLE_Y,POINT_E GCti4 V�IILrv1�'..'— ; STATE OF NORTH CAROLINA e un COUNTY OF BRUNSWICK This Supplement to Declaration made this the 3o day of September, 2004 by Therrell Properties, LLC, a North Carolina Limited Liability Company (hereinafter referred to as "Declarant"): WITNESSETH THAT WHEREAS, on August 23, 2004, Therreff Properties, a North Carolina Limited Liability Company, (hereinafter referred to as "Developer") caused to be executed and recorded the Supplemental Declaration of Covenants, Restrictions, Easements, Charges and Liens for the Monk Island Phase of Brantley Pointe, which was recorded in Book 1998 at Page 1307, of the Brunswick County Registry ("the Declaration"); and WHEREAS; pursuant to Article XIII Section 13 of the Declaration, at any time prior to the closing of the first sale of a Lot by Devloper, the Developer may amend this Declaration. The Developer hereby desires to amend the Declaration by adding a restriction to Exhibit B of the Declaration. NOW THEREFORE, pursuant to the provisions of Article XHI of the Declaration, Declarant does hereby: Amend "Exhibit B" of the protective covenants, restrictions, easements, charges and liens for the submitted property to include the restriction setting forth the minimum square footage of heated space for any house constructed on Monk Island, said restriction being shown as letter "1" on Exhibit "B" of this supplemental declaration. Imst # 232506 Book 2022Page: 727 IN TESTIMONY WHEREOF, Therrell Properties, a North Carolina Limited Liability Company has caused this instrument to be signed in its name by its duly authorized member/manager this the 3 b day of September, 2004. STATE OF NORTH CAROLINA COUNTY OF BRUNSMKIF I, N ; \J; ah Ann f ar 4�` s , a Notary Public, do hereby certify that Tommy L. Therrell, member/manager of Therrell Properties, LLC personally came before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and official seal this 3b day of Notary Public My Commission Expires: t STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Fetegaing-(er annexed) Geftifieate(s) of This Instrument was filed for Registration on this � Day of in the Book and page shown on the First Page hereof. J Register of Deeds Inst # 232506 Book 20222age: 728 Additional Restrictions a.. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 030227, as issued by the Division of Water Quality under NCAC 2H..1000. b. , The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is 3,500 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not Iirnited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. g. Filling in or piping of any vegetative conveyances (ditches, swales, etc. ) associated with the development except for average driveway crossings, is strictly prohibited by any persons. h. Lots within CAMA's Area of Environmental Concern may have the permitted built -upon area reduced due to CAMA jurisdiction within the AEC. i. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters. All roof drains shall terminate at least 30' from the mean high water mark. k. No public monies will be utilized for the construction or perpetual maintenance of any utilities associated with this project. The Prohibition of the expenditure of public monies shall be perpetual. 1. The minimum square footage of heated space for any house constructed on any Lot on Monk Island shall be 3,000 square feet. State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Division of Coastal Management Michael F. Easley, Governor William G. Ross, Jr., Secretary Donna D. Moffitt, Director MEMORANDUM TO: Doug Huggett Permits Section, DC FROM: Jim Gregson District Manager, DCM DATE: November 24, 2003 SUBJECT: Request for Modification of State Permit #122-03 Tommy Therrell / Monks Island Brunswick County IINX 1\ fir: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES $ 12 I,3 RECEIVED NOV 2 6 2003 East Coast Engineering, on behalf of Mr. Tommy Therrell, has requested a minor modification to CAMA Permit No. 122-03. Permit No 122-03 was issued to Mr. Tommy Therrell on September 16, 2003 for the land disturbing activities associated with the initial development of 5 residential lots and amenities and a community dock located on Monks Island. The permit will expire on December 31, 2006. The proposed modification would include a utility bore under the AI W W to serve Monks Island. The utility bore wold be directionally drilled under the AIW W and adjacent marsh and would consist of an 18" bore containing: 2-3" HDPE conduits for Brunswick Electric; 1-3" HDPE conduit for Atlantic Telephone; and 1-6" HDPE conduit for a water line supplied by Brunswick Co. Water. The utility bore would begin directly across the AI W W from Monks Island at Brantly Island. Mr. Therrell is also a partner in the development at this site which is the subject of a pending CAMA Major Permit application (Brantly Pointe). The bore would start near a proposed parking lot on Brantly Island and would be located approximately 60 feet landward of NHW and landward of all coastal and 404 Wetlands. The bore would go under approximately 420 feet of marsh before reaching the AIW W where it would continue for approximately 850 feet to Monks Island. The bore would be located at least 6 feet below the 2 foot over depth cut of the federal channel. The applicant has notified the adjacent property owners at the Brantly Pointe site of the proposed development. This Office has no objections to the applicants proposal. Per condition 26) of Permit No. 122-03, prior to construction of the utility bore, the applicant must provide a written statement to DCM which demonstrates that no public monies will be utilized for the construction or perpetual maintenance of the utility lines associated with this project. The applicant has submitted a check (ck. #5027) in the amount of $100.00 for this modification request. cc: Charles Jones Wilmington Files 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Monks Island Coastal Resources Commission Permit Number 122-03 I, Tommy Therrell, developer of Monks Island, attest that no public monies will be utilized for the construction of any utilities associated with this project. In order to ensure that no public monies will be utilized for the perpetual maintenance of any utilities associated with this project, I will place deed restrictions on all lots referencing the prohibition of the expenditure of public monies. These deed restrictions will be recorded with the Brunswick County Register of Deeds prior to the transfer of any property. Tommy Therrell DATE I, , a Notary Public for the County of the State of North Carolina, hereby certify that appeared personally before me this day and being duly sworn acknowledge that the above statement was executed by him. Witness by hand and notary seal, this day of 2003. SIGNATURE My Commission Expires: Page 1 of 1 East Coast Engineering Company, P.A. 4918 Main Street Fax: 910Consulting Engineers Office: 910.7 Post Office Box 2469 910.754.84.8029 4 Shallotte, NC 28459 Certified Flail Return Receipt Requested November 12, 2003 Devane Family LLC Post Office Box 5 Elizabethtown, NC 28337 Re: Mr. Tommy Therrell CAMA Major Permit Application Modification Monks Island Dear Devane Family: Il(E�vED NOV 13 2003 DIVISION OF COASTAL MANAGEMENT Mr. Tommy Therrell has retained our firm to apply for a permit modification with the North Carolina Division of Coastal Management to develop property located on Monks Island. The Division of Coastal Management (DCM) requires that all adjacent riparian landowners be notified of this permit request. Enclosed is a copy the plans showing the proposed permit modification. The modification is the addition of a utility bore to provide utilities to the island. If you have any questions regarding the enclosed information, please contact our office. Any comments regarding the proposed project should be directed to the DCM at the address shown below. The DCM allows 30 days from the certified receipt of the enclosed package to allow the adjacent landowner to submit comments on the proposed development. If the DCM has not received any comments within 30 days, this will be interpreted that there are no objections to the proposed development. NCDENR Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 (910) 395-3900 Sincerely, EYizabeth M. Nelson Enclosures: Design Plans; Cover, Sheet 6 and Sheet 6A Copy: Mr. Steve Mann Mr. Tommy Therrell Mr. Jim Gregson, DCM File 0515 (Monks Island) Y East Coast Engineering Company, P.A. 4918 Main Street Fax: 910.754.8049 Consulting Engineers Post Office Box 2469 Office: 910.754.8029 Shallotte, NC 28459 Certified Mail Return Receipt Requested November 12, 2003 Hilda and McKee Pigott 3941 Halifax Road Wilmington, NC 28403 Re: Mr. Tommy Therrell CAMA Major Permit Application Modification Monks Island Dear Mr. and Mrs. Pigott: Mr. Tommy Therrell has retained our firm to apply for a permit modification with the North Carolina Division of Coastal Management to develop property located on Monks Island. The Division of Coastal Management (DCM) requires that all adjacent riparian landowners be notified of this permit request. Enclosed is a copy the plans showing the proposed permit modification. The modification is the addition of a utility bore to provide utilities to the island. If you have any questions regarding the enclosed information, please contact our office. Any comments regarding the proposed project should be directed to the DCM at the address shown below. The DCM allows 30 days from the certified receipt of the enclosed package to allow the adjacent landowner to submit comments on the proposed development. If the DCM has not received any comments within 30 days, this will be interpreted that there are no objections to the proposed development. NCDENR Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 (910) 395-3900 Sincerely, Elizabeth M. Nelson Enclosures: Design Plans; Cover, Sheet 6 and Sheet 6A Copy: Mr. Steve Mann Mr. Tommy Therrell Mr. Jim Gregson, DCM File 0515 (Monks Island) ECEIVE NOY 13 2003 DIVISION OF COASTAL MANAGEMENT Sent by.:'EASJ COAST ENGINEERI Nov-18-03 03:12Pm from 910754804949103502004 Page 3i 3 I ■ complete items 1,2, and 3. Also complete item d if Restricted Delivery is desirsd. ■ Print your name end address on the reverse so that we can return the card to you. ■ Attach this card to the back of the meilpiece• or on the front if space permits. 1. Ardcle Addressed te: Agere 8 iWecmved try (Prinled N e) I C. Date of De6re4y {(Al Zi.�LVs D. Is delivery address different from item 1.1 . C3 Yes _ If YES, enter delivery address bNow: ❑ No 3. SServic Type FdCenified Mall ❑ E��� Mai! S I ❑ Registered C3'F+.eturn Receipt for Merchandise l/ �.p�� ; ❑ ensured Mau ❑ C.O.D. - r, 4. Restricted Delivery? aWre Feel 0 Yes Z. Article Number 7001 *1940 0002 9395 3193 (7ransrer Irom service laFen PS Form 3811, August 2001 Domestic Return Receipr iM5eS0+#1208 i UNITED STATES POSTAL SERVICE II I First-class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender. Please print your name, address, and 7JP+4 in this box East Coast Engineering Company, P.A. 49`118 Main Street • P.O. Sus 246a ,S.ia9ot�,111C 2t44 _. _ iill::irvltli:tt1e11I:;;:ill;itlilll:leii;:f:::cii,ll t EkIIVE JFil NOV 19 2093 DIVISION OF ponks Islavld rnvck. Zent by:EAST COAST ENGINEERI Nov-18-03 03:12Pm from 910754804949183502004 Page 2 ■ Complete items 1; 2, and 3. Also complete item 4 N Restricted Delivery is oeslred. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiece, or on the front if space eermrts_ I. Article Addressed to: 1 It YES, enter de,ire addles: below: O s Mail r7n Receipt far Merchandise 2. Article Number _ ___,.. U Yes (IranaferIfom service Mbo 7001 1940 0002 9395 3186 uo 1 I, August 2001 Domestic P,etum Receipt tczsasolJA.25oe UNITED STATES POSTAL SERVICE - F.-I-ploss Mail Postage &Fees Paid USP5 Permit No. G-10 e Sender: Please print your name, address. and ZIP+4 in this box mast Coat Ewer ng CaMpanyr 4918 Mr-:- Street- P,O. Box Lw�W W 28499 „ LrLIh,LJ,rl,I,111Jr„�lJd:,lJlrr�irllrH,r,,,}1,J,til ,� ;;vTi �T i r �u NOV ? n 2003 B DIVISION of COASipi !JIANAGEMEN T DEC. 1.2003 2:53PM NCDENR WIRO NO.492 P.2 East Coast Extgineexing Company, P.A. Fax: 910,754,8049 1 Consulting Enginee;g 0jfim 9�0.754,8029 September 26, 2003 Mt. Jim Gregson, District Manager Division of Coastal Management NC Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405.3845 Subject: Monks Island CAMA Major Permit No, 122,03 Minor Permit Modification Dear Mr. Gregson: 4918 Meat Sheet Po9t Office Box 2469 5j1allotte, NC 28459 On behalf of Mr. Tommy Theri:4, we request a minor permit modification to CAMA Major Permit No, 122-03, for proposed development ar Moults Island. The revision requested is to include a utility bate under the Atlantic Im incoastal Waterway to serve Monks Island. Sheet GA of 10 has been added to the design plans to show the proposed utility bore. The additional revised shoots included tefl.ect the modification. FaPlosed is a check for 1100 to cover the required modification fee. If you have any questions or require any additional infoimation, please contact our office Sincerely, 13A���/%• Elizabeth M. Nelson Enclosures: Revised Cover Sheet, (2) - 24" x 36" and (2) - I I" x 17" Revised Sheet 6 of 10, (2) - 24" x 36" and (2) — I I" x 17" Sheet 6A of 10, (2) — 24" x 36" and (2) — 11" x 17" Revised Sheet 9 of 10, (2) — 24" x 36" and (2) — I I" x 17" Revised Sheet 10 of 10, (2) — 24" x 36" and (2) —11" x 17" Copy, Mt. Tommy Therrell, with enclosures Mr. Steve Mann, widl enclosures He: 0515 (Monks Islamd) n SEP 2 9 2033 I DBViS0OP9 OF COASTAL MAP+1.AQ1rMENh 6 T Sent by:EAST COAST ENGINEERI Dec-08-03 09:07am from 9107548049d919„733_1495 ypage` 2i 3 J 1 _..._.. . ' ° ,enl br'ePYI CORV al (Ha INCFfti 04E-65'03 IJ tai on from 410791 PA44r r44• }i } Marks isasud Caytal ?Resoueoes Cowusolasiatt Peemif NUMUer W-09 1, Tommy Thevrell, dwelopar of Mcnlsn Island, aeeect sh9l t,o pNh14r monic3 will 1>o i.tiligcd for the construction of any u¢ifitiec altociated with this project, in ordrt e, aeusule }la! nq pubic monies will be utilized for the ptrpewad maintenance of arty u131113M atsoC+atea unrn ;his pruirct, T will place deal restriction on all lots nch" icing the prohibition of the e-Vcnditurc of public monies These cited restriotitms will be recgided wi h the Btunsakc Count7 MOW of Dsads pzior to the tin sfer of any pmpczrf, T9aun7 Thstsel Zd DATF, Sent by:EAST COAST ENGINEERI Dec-08-03 09:07am from 9107548049d919 733 1495 page 3, 3 % 2M,2�- i "'Ll I —I IS " ,_,— appescad penonolly befom ine this day and 6cing d; y 'worn aelutowle* that the ibm statament wit esocuted by hurt. made by hand and notary aea� chb 1 dal Q dOtl3, M� f,;pmutiaaign P.Yp'vas: Page I of I Sent by:EAST COAST ENGINEERI Dec-00-03 09:27am from. 91075480494919 733 1495 va9e 3/ 3 Stilt b116Py7 COPjT (MUN (RI Ott'05-9z )01F14P fPJFl Fl)d954ry014r •ra F/ D c"RIA1 N+naw(M Cot ermit Number 1 241 1, Tommy Tterrell, developer of Monks Island, 04st that no public x1 3149 w40 ba ut 40d for the aonstrucdon of any utb7 c3 associated with NO ptriea, In order to ensure that nh public Meniao wig t e vplized fqr the petpetwl MQJtenxpce of sot ua7ities assnciarrd with ttua project, f will phce deed malcdow on 0 3otj cefettaitxmg the prohbidon of the txpendit we of public btlonieA, These deed restrictions will be ttMr&d wish the ScunswiC4 County Roost sr of Deed%. Tocnot7Thcmll �� I, `; +i n inn sg +5 a Notxrp PObk For the Gountp of Vxn n the State 9f North Cam;" hereby entity spat 'F "*' 'a ( rf t,; iippewea, person:liy pgore nse cpp say mg pvpt qy# sworn s4now4dge that thasbove elotement urea executed by hum. Times by hand and notary seal, this Sl�- - day of 1,"t xn Ekywy, M. My Commission EnFires: T ' Page i of 1