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HomeMy WebLinkAboutMinor_WHE Properties LLC_20220707 Hyde County No. 01-23 DCM Washington Permit Number District CAMA MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina,Department of Environmental Quality and the Coastal Resources Commission for development in an area of environment concern pursuant to Section 113A-118 of the General Statutes,"Coastal Area Management' Issued to WHE Properties, LLC, authorizing development in the Coastal Shoreline (AEC) at Parcel #7651-99-5397 off Hodges Road in Germantown, Hyde County, as requested in the permittee's application, dated July 7, 2022. This permit, issued on July 8, 2022, is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action,or may cause the permit to be null and void. This permit authorizes:The construction of a 6-foot wide bridge across coastal wetlands and an estuarine ditch.The 6'x 60'bridge will span 40' of coastal wetlands and the estuarine ditch at an elevation of 3'and each end will have a 10' slope on each end to the existing grade of the adjacent uplands.The project will create no new impervious surface within the 75'CAMA AEC. (1) All proposed development and associated construction must be done in accordance with the permitted work plat drawings(s)dated received on July 7,2022. (2) All construction must conform to the N.C. Building Code requirements and all other local, State and Federal regulations,applicable local ordinances, and FEMA Flood Regulations. (3) Any change or changes in the plans for development, construction, or land use activities will require a re- evaluation and modification of this permit (4) A copy of this permit shall be posted or available on site. Contact this office at (252) 948-3950 for a final inspection at completion of work. rs perms ac on may a appea e y e perm' ee or o er qua ie persons within twenty(20) days of the issuing date. From the date of an appeal, any work conducted under this permit must cease until the appeal is resolved.This permit must be on the project site and accessible to the permit officer when the hane Staples project is inspected for compliance. Any maintenance work or project DCM Field Representative modification not covered under this permit, require further written permit approval.All work must cease when this permit expires on: 943 Washington Square Mall 31 December 2025 Washington, NC 27889 In issuing this permit it is agreed that this project is consistent with the local Land Use Plan and all applicable ordinances.This permit may not be transferred to another party without the written approval of the Division of Coastal Management PERMITTEE (Signature malted if conditions above apply to permit) tit)`-N� rr oe- teS, RtsC (5) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective sedimentation and erosion control measures. (6) All other disturbed areas shall be vegetatively stabilized (planted and mulched)within 14 days of construction completion. (7) The bridge shall be elevated three feet above wetlands as measured from the substrate to the bottom of the decking. SfA1 a" i_ ,_$(y;� ROY COOPER N V, Governor �p �P tr.:- ELIZABETH S.BISER r°` • Secretary ��.... _- -, BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality July 11,2022 WHE Properties LLC 5141 Old 97Rd Pantego NC 27860 Dear Mr.Respess: The Division of Coastal Management hereby acknowledges receipt of an application for State approval for development in the Coastal Shoreline (AEC) off Hodges Rd near Germantown Bay in Hyde County, North Carolina.The application was dated July 7,2022,and appears to be adequate for processing at this time. The projected deadline for making a decision is 1 August 2022. Shane Staples,Field Representative for the Division of Coastal Management is responsible for processing your permit and he can be reached at 252-948-3950 or via email at Shane.staples@ncdenr.gov if you have any questions. N.C.G.S. 113A-119(b) requires that notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development.You should post this notice at a conspicuous point along the property where it can be observed from a public road. Some examples would be: nailing the notice card to a telephone pole or tree along the road right-of- way fronting the property, or at a point along the road right-of-way where a private road would lead one into the property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made and if additional information is required,you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, ///, , S( Shane Staples,Field Representative Division of Coastal Management Washington Regional Office • ENCLOSURE Cc:DCM WaRO Robert Tankard DWR Hyde County LPO DE North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 943 Washington Square Mall I Washington,North Carolina 27889 `.`mrr-.. _....Q\ r 252946.6481 T D r APPLICATION FOR y.i —3 CAMA MINOR o Coastal Management DEVELOPMENT ENVIRONMENTAL QUALITY PERMIT In 1974, the North Carolina General Assembly passed the Coastal Area Management Act �\ (CAMA) and set the stage for guiding development in fragile and productive areas that border the state's sounds and oceanfront Along with requiring special care by those who build and develop, the General Assembly directed the Coastal Resources Commission (CRC) to implement clear regulations that minimize the burden on the applicant. ti This application for a minor development permit under CAMA is part of the N Commission's effort to meet the spirit and intent of the General Assembly. It has been N designed to be straightforward and require no more time or effort than necessary from the applicant. Please go over this folder with the Local Permit Officer(LPO)for the locality in which you plan to build to be certain that you understand what information he or she needs before you apply. Under CAMA regulations, the minor permit is to be issued within 25 days once a complete application is in hand. Often less time is needed if the project is simple. The process generally takes about 18 days.You can speed the approval process by making certain that your application is complete and signed, that your drawing meets the specifications given inside and that your application fee is attached. Other permits are sometimes required for development in the coastal area.While these are not CAMA-related,we urge you to check with the Local Permit Officer to determine which of these you may need.A list is included on page two of this folder. We appreciate your cooperation with the North Carolina Coastal Management Program and your willingness to build in a way that protects the resources of our beautiful and productive coast Coastal Resources Commission Division of Coastal Management rio - m mom'' cn m C Xm m � obC ° .4) DCM Form EBI952-2015/Revised •� t OTHER PERMITS MAY BE REQUIRED:The activity you are planning may require permits other than the CAMA j minor development permit, including, but not limited to: Drinking Water Well, Septic Tank(or other sanitary waste treatment system), Building, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA Certification,Sand Dune, Sediment Control,Subdivision Approval,Mobile Home Park Approval,Highway Connection, and others. Check with your Local Permit Officer for more information. STATEMENT OF OWNERSHIP: I,the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an AEC or a person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person listed as landowner on this application has a significant interest in the real property described therein. This interest can be described as: (check one)_an owner or record title,Title is vested in name of U 14 E ' t ?ey4 i e i LI. C.' see Deed Book As 7 page /8 in the f/y de ' County Registry of Deeds y .,.., owner by virtue of inheritance.Applicant is an heir to the estate of ; probate was in County. yother interest, such as written contract or lease, explain below or use a separate sheet&attach to this application. /NOTIFICATION OF ADJACENT RIPARIAN PROPERTY OWNERS: I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. (Name) (Address) (I) ,,.•n ;d., £L a*zfti At 41 3 Ca h ez ?Or4 (2) ,4'4" L 0,74, 2r tfV 2 At b. s , co d r to,. C 02 7j7Q (3) // (4) ACKNOWLEDGEMENTS: I,the undersigned, acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to erosion and/or flooding. I acknowledge that the Local Permit Officer has explained to me the particu- lar heard problems associated with this lot.This explanation was accompanied by recommendations concerning stabiliza- tion and floodproofing techniques. I furthermore certify that I am authorized to grant, and do in fact grant, permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. This the 7 day of lkJy ,20 A.2.- -ar.c, e-2 Landowne r person authorized to ct as his/her agent for purpose of filing a CAMA permit application This application includes:general information (this form), a site drawing as described on the back of this application, the ownership statement, the Ocean Hazard AEC Notice where necessary, a check for$100.00 made payable to the locality, and any information as may be provided orally by the applicant. The details of the application as described by these sources are incorporated without reference in any permit which may be issued Deviation from these details will constitute a violation of any permit.Any person developing in an AEC without permit is subject to civil, criminal and administrative action. Locality C L Cocch Permit Number 0 Ocean Hazard Estuarine Shoreline ✓ ORW Shoreline Public Trust Shoreline Other (For official use only) GENERAL INFORMATION LAND OWNER-MAILING ADDRESS 1 Name W Hk �i�D�Dt f.Ej/ 1LL L Gtzry R`' CSS Address .Se/4// tile/ 7 6 7 LI City 4/ 9 O State A/C. Zip.2 ?d ePhone ,25 1 C9 y9- 3/o yr Email Tay it- -kate vs A)et . Dry AUTHORIZED AGENT Name Address City State Zip Phone Email LOCCATION OF PROJECT: (Address, street name and/or directions to site; name of the adjacent waterbody.)y. OnPo 4 s -rd /W !yJ a Cosa -7 Ceres MG.V�otrlA/ Ray et43 4.4 e AA- toa..#e Y bb J y / DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) / 444,, e.crorj COST 7 t✓ej/c / as,d e r ko ae_ £ 4 , es' , SIZE OF LOT/PARCEL: square feet "ZOO acres (o PROPOSED USE: Residential 0 (Single-family 0 Multi-family 0 ) Commercial/Industrial Other COMPLETE EITHER(1) OR(2) BELOW(Contact your Local Permit Officer ifyou are not sure which AEC applies to your property): (1) OCEAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE: square feet(includes air conditioned living space, parking elevated above ground level, non-conditioned space elevated above ground level but excluding non-load-bearing attic space) (2) COASTAL SHORfJLJNE AECs: SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT UPON SURFACES: / `I square feet(includes the area of the foundation of all buildings, driveways, covered decks, concrete or masonry patios etct tha/are ffithin the applicable AEC.Attach your calculations with the project drawing.) r 5 Ve�Kw�/ STATE STORMWATER MANAGEMENT PERMIT: Is the project located in an area subject to a State Stormwater Manageme ermit issued by the NC Division of Energy, Mineral and Land Resources(DEMLR)? YES NO If yes, list the total built upon area/impervious surface allowed for your lot or parcel: square feet. SITE DRAWING/APPLICATION CHECKLIST + Please make sure your site drawing includes the following information required for a CAMA minor development permit. The Local Permit Officer will help you,if requested. PHYSICAL DIMENSIONS Label roads Label highways right-of-ways Label local setback lines Label any and all structures and driveways currently existing on property _T Label adjacent waterbody PHYSICAL CHARACTERISTICS • Draw and label normal high water line(contact LPO for assistance) Draw location of on-site wastewater system If you will be working in the ocean hazard area: Draw and label dune ridges (include spot elevations) Draw and label toe of dunes Identify and locate first line of stable vegetation (contact LPO for assistance) Draw and label erosion setback line(contact LPO for assistance) Draw and label topographical features (optional) If you will be working in a coastal shoreline area: Show the roof overhang as a dotted line around the structure Draw and label landward limit of AEC Draw and label all wetland lines (contact LPO for assistance) Draw and label the 30-foot buffer line DEVELOPMENT PLANS Draw and label all proposed structures Draw and label areas that will be disturbed and/or landscaped Note size of piling and depth to be placed in ground Draw and label all areas to be paved or graveled Show all areas to be disturbed Show landscaping NOTE TO APPLICANT Have you: • completed all blanks and/or indicated if not applicable? • notified and listed adjacent property owners? • included your site drawing? • signed and dated the application? • enclosed the$100.00 fee? • completed an AEC Hazard Notice, if necessary?(Must be signed by the property owner) FOR STAFF USE Site Notice Posted _ Final Inspection Fee Received �Z Site Inspections Date of Action: Issued#/-Exempted Denied Appeal Deadline(20 days from permit action) 4 4 "ir" I /,y'v0' -0A0A-- ,{ 4 4- )2,7'1? d l % ) 1 ) 1 Mg1 11 ) .09 fi 4 fi r „I t447 or _ ,, l ->doJJ H/1 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY isComplete items-1,2,and 3. A. Si./atuye 1 II Print your name and address on the reverse (/ Ala /(J// ❑Agent X ■ Addresse so that we can return the card to you. IN Attach this card to the back of the mailpiece, Q�Receiy(Pr to am ate of Delivef or on the front if�space permits. /- "" 1. Article Addressed to: D. Is delivery address di.-rent from item 1? 0 Yes If YES,enter delivery address below: p No a 11s. t 1.>\as.nc Ka. . 3. Service Type Express® l III IIIIII IIII I'I I III I I I I I I I I II I II II I II I II III ❑D Adult Signature 0 Adult Signature Restricted Delivery E0 lRegisteedlMail Restri I ❑Certified Mail® Delivery 9590 9402 6918 1104 2493 02 o Certified Mail Restricted Delivery 0 Signature Confirmation' Co)lept pn Dai a ,,T. ❑Signature Confirmation •9. Article Number(Transfer from service label) Dta ive �lastrttdIellder Restricted Delivery fl Insured Mail 7018 3090 00D1 9391 9457-:!;_7 _ 'a_r,'t 'S Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receip USPS TRACKING# First-Class Mail Postage 8 Fees Paid LISPS Permit No. G-10 9590 9402 6918 1104 2493 02 United States • Sender: Please print your name,address,and ZIP+4s'in this box• Postal Service \ O\& \ \. a�$k...n.$) ��i�ll►�liliilili'�I►illiilillllll�llllllillilf"liilil�iilli�"I N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIbNIWAIVERFORM CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY . (Top portion to be completed by owner or their agent) Name of Property Owner: IW N E Pr-Oper-�te5 Address.of Property: I�'IOC` '�es P /0 c 1czli'©n, Ni Mailing Address of Owner: 5 j `1 I 0 Id g1 [ Road PO-n 1oj IV • 27 W Owner's email:cQ r y r+Of&15 g CI:�r8wner's Phone#: c.2.-91 q'310 5 • Agent's Name: . Agent Phone#: Agent's Email: • • ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) I hereby certify that I own property adjacent to the above referenced property.The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing. A description- io or drawing,with dimensions, must be provided with this letter. ,V I DO NOT have objections to this proposal. I DO have objections to this proposal. • If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management(DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 943 Washington Square Mall, Washington, NC 27889. DCM representatives can also be contacted at(252) 946-6481.No response is considered the same as ho objection if you have been notified by Certified Mail. . WAIVER SECTION . I understand that any proposed 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 (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback,you must skin the appropriate blank below.) / ( � I DO wish to waive some/all of the 15'setbacks // / QA�_ Signs um of Adjacent Riparia roperty Owner • -OR- I do not wish to waive the 15'setback requirement(initial the blank)Signature of Adjacent Riparian Property Owner. , 'ca/V \ / �—!/ • Typed/Printed name of ARPO: IAN re Jo 140 to r"/ 2 q t, A �,p/ p . Mailing Address ofARPO: /'6 Il/ t.1 beri .re`) OCicvpi ` . J C 90 3( 1 qM€1 (• Ca c/ ARPO's emal:W r.� ^�`,J J ARPO's.Phone#: R-0 *3 C � C I q) Date: Gi / 1" d" 'waiver is valid for up to one year froth ARPO's Signatue Revised May 2021 - • TIPS FOR ADJACENT RIPARIAN OWNER NOTIFICATION&WAIVER FORMS CAMA Regulations require notice of proposed development to the Adjacent Riparian Property Owners(15A NCAC 7J.0204(b)(5)). Proof of actual notice (a sign-off by the owner on this form) or certified mail return receipts(showing delivery of notice)are needed,or any other method which satisfies the Local Permit Officer (LPO)that a good faith effort has been made to provide notice. The purpose of this notice is to make adjacent riparian property owners aware of the proposed development so that they have an opportunity to provide comments(or potentially object to)the proposed development, and to give DCM or the LPO an opportunity to consider these comments/objections before a permit decision is made. Permission" of adjacent property owners is not necessarily required for DCM to issue a permit; however, permission must be obtained for certain types of proposed developments if they fall within a 15' setback area along the riparian access area of the adjacent property,as determined solely by DCM. It is in the applicant's best interest to provide comprehensive and accurate notice so that any concerns or objections • can be resolved early in the permit review process.In addition,if the adjacent riparian property owner appeals the permit decision, insufficient notice could be a basis for granting such an appeal. Who is an Adjacent Riparian Property Owner? • What is Adjacent? (Note: DCM reads this broadly to ensure comment by Potentially impacted neighbors) • A property thafshares a boundary line with the site of proposed development;AND • A property that fronts a natural or manmade waterbody that is connected to coastal waters and . can support some form of navigation, even a kayak or canoe, including a common canal system or a manmade basin. • Easement holders?Yes, if the easement could be impacted by the proposed development. • Streets/Roads? Only if the street/road could be impacted by the proposed development.This might include street-ends which might be used,for parking and beach access. • 'Holders of recognized submerged lands claims/shellfish franchises. What is Riparian? Do the boundaries of the adjacent property legally intersect with the water at mean high tide?If there is a question about whether an adjacent property is considered "riparian, please reach out to DCM Staff - especially on the oceanfront beach where there may be undeveloped parcels on the beach or in the water. Who/What is a Property Owner? For private individuals(or families),send notice to the address listed on the tax card.If the property is owned by an Inc. or LLC, please send notice to the person listed as the registered agent on the.NC Secretary of State's Corporations Look Up site: https://www.sosnc.gov/search/index/corp. For Condominiums or neighborhoods with an owners' association (HOA/POA), send notice to the association (which is usually a corporation,for which you send notice to its registered agent). What is Notice, and how do I ensure it is received? • You can meet with your adjacent property owner, provide a description or drawing of the . proposed development, and`aCVfemao sigh his form and return it to DCM;OR - • You can hand-deliver this form and a description or drawing,and ask your neighbor to return it to DCM (consider providing them with a stamped envelope); OR • You can mail this form by USPS Certified Mail, return receipt requested (the Green Card). If you choose this option,you must provide either the signed &returned green card OR track the certified mail package number on USPS.GOV's online tracking system, and provide the tracking print-out as proof of delivery to DCM If you have any questions about this process, please reach out to DCM Staff and DCM Legal Counsel and we will work to answer your questions. Revised May 2021 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. ignatur= • Print your name and address on the reverse ` i iv/ ❑Agent so that we can return the card to you. �: �" �ellifr ' Addresse • Attach this card.to the back of the mailpiece, B. Received by(Pnnted Name) C. Date of Deliver or on the front if space permits. • Z Z 1. Article Addressed to: D. Is delivery address different from item 1? UYes If YES,enter delivery address below: 0 No 4.\6! 000, NQ. ay;3D 11111111111111111111 11111111 I II I II II III II III ❑Adult Signature 0 PrioritySignature vice eRestricted Delivery 00 Registered Mail"' Registeredll Mail Restrict ❑Certified Mail® Delivery 9590 9402 6918 1104 2493 40 ❑Certified Mail Restricted Delivery 0 Signature Confirmation' ❑Collect on Delivery 0 Signature Confirmation 2. Article Number(Transfer from service label) ❑Collect on'all Delivery Restricted Delivery Restricted Delivery 7 018 3090 0001 9391 9 419 tall Restricted Delivery PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receip USPS TRACKING# First-Class Mail 11111 larlitirls Hill Postage&Fees Paid USPS Permit No. G-10 9590 9402 6918 1104 2493 40 United States • Sender:Please print your name,address, and ZIP+P in this box• Postal Service \ \ O\C\ ° 1 Iil�lilrrll�rrlilifil�il err Iliirifili IIiI rrr7iFlrrriri�f,riil WHE Properties Gary Respess 5141 Old 97 Road Pantego, NC 27860 June 13, 2022 - To: Melvin W. Brinkley & Robin S. Melvin In the past couple of years, I have purchased property from James Gilliam and David Cox, adjacent to your property in Hyde County. I am working with the North Carolina Division of Coastal Management to have a bridge installed to connect the properties. Plans are being made to install a 60 ft x 6 ft bridge that will consist of salt treated pilings and a concrete slat top. Please refer to the attached map for details. In order to be compliant, I am requesting for you, as adjacent landowners, to please complete the attached "Adjacent Riparian Property Owner Notification/Wavier Form." If you have any question, please feel free 'to call. I appreciated your help in this matter. l Sincerely, - — - Gary Respess i 252-944-3105 Email: garyrtct@rsnet.org Coo° D ae -dr & 3 a�e3 (9 WHE PROPERTIES, LLC • . by- • : . . 4 41' • - . tr tole 4-4 • • • N - a _3 .-C - - — _ ---- �__,_