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HomeMy WebLinkAbout25-16 TX Myers, Linda & JohnPermit CUSS R i TRANSFER Permit Number 25-16 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermt"t RECCL-.9 V E® JUL I � 2017 for ®�gmn PqTV X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Linda & John Myers, 5920 Nautical Isle Court, Wilminaton. NC 28409 Authorizing development in New Hanover County at adi. to Masonboro Sound, 5920 Nautical Isle Court. Wilmington as requested in the permittee's application dated 12/7/15 incl attached workn drawings (2), both dated 12/7/15. This permit, issued on July 6, 2017 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 to subject to tines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) This permit authorizes only the expanded docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. 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. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the expanded 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. (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, 2019 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. �4.*&-� rt.�Z Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee A Linda & John Myers Permit No. 25-16 .� Page 2 of 3 ADDITIONAL CONDITIONS 3) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 4) In order to satisfy concerns regarding impacts to shallow bottom Primary Nursery Area (PNA) habitat, physical stops shall be placed on the boat lifts at a minimum height of 18" above the bottom substrate to prevent the boat lifts from disturbing the bottom substrate. The stops shall remain in place for the life of the docking facility. 5) 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. 6) 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 structure in order to make it more visible during hours of darkness or inclement weather. 7) This permit authorizes a maximum of 2 formalized boat slips. 8) The expanded pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. 9) No portion of the authorized docking facility shall extend more than one quarter of the width of the water body. Measurements to determine the width of the water body shall be made from the waterward edge of any Coastal Wetland vegetation which borders the water body. 10) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six .feet in width and shall be elevated a mirrimum of three feet over the wetland substrate as measured from the bottom of the decking. 11) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 12) The roof of the covered platform shall not be designed for second story use. 13) 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. General � N 14) The permittee and/or his or her contractor shall meet with a representative of the DiviWn pr, qr to project initiation. -- � s Linda & John Myers Permit No. 25-16 Page 3 of 3 ADDITIONAL CONDITIONS 15) 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. 16) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. 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 proposed project by way of General Permit 197800056 (Action ID No. SAW-2016-00151), which was issued on 1/26/16. NOTE: The Division Water Resources assigned the proposed project DWR Project No. 2016-0053. 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: A permit transfer application processing fee. of $100 was received by DCM for this project. RECOQ7 ED JUL 12 2017 Division of Coastal Mana ement Au tcation Pro P.ainv Nnt Applicant: Tyne (check all that a,,, ly) NEW MAJOR MOD MINOR MOD RENEWAL TRANSFER Permit Coordinator: Field Representative: Date/Time Message 7/3/17 l—I�, ro CS _,Sh f0i O 6"� U%% t-WOA- Nay —:Qs htsc,.r rLG-321�ttU✓Si G,v cvt L�2S' ��L�� 7 12�V i � p i t?p ►JSj ,�z �tii c%11c ,, 2 i sS.,.P-T j c � RECEIVED JUL 12 2017 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM TO: Heather Coats Assistant Major Permits Coordinator FROM: Courtney Spears O j Field Representative, Wilmington THRU: Debra Wilson Qd District Manager, Wilmington DATE: May 19, 2017 SUBJECT: Permit Transfer Request CAMA Major Permit No. 25-16 SEL Property Investors, LLC to Linda and John Myers ROY COOPER coYernor MICHAEL S. REGAN serretury BRAXTON C. DAVIS Director Mr. D Logan with SEL Property Investors, LLC is requesting to transfer CAMA Major permit No. 25-16 to the new property owners, Linda and John Myers, of 5920 Nautical Isle Court, Wilmington, New Hanover County, North Carolina. State Permit No. 25-16 was originally issued to SEL Property Investors, LLC on February 22, 2016 for the construction of a new private docking facility that included an access pier, partially covered platform, floating dock and two boat lifts into Masonboro Sound accommodating up to two vessels. State permit No. 25-16 is due to expire on December 31, 2019. All construction has been completed on the permit except for the two boat lifts. SEL Property Investors, LLC has submitted a check (#55750) in the amount of $100.00 for the transfer request along with the deed and letter of request. This office has no objection to this request. Enclosures CC: MHC File Tyler Crumbley, USACE Chad Coburn. DWR RECEIVED MAY 2 5 2017 DCM- MHD CITY Nothing Compares. State of North Carolina I Environmental Quality l Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910 796 7215 SEL Property Investors, LLC SEL Properties Property Investors, LLC 60 Gregory Road, Suite 1 Belville, NC 28451 Attention: D Logan Jason Dail Division of Coastal Management 127 North Cardinal Drive Wilmington, NC 28405-2845 RE: Permit Transfer Request, CAMA Permit Number 25-16, New Hanover County Dear Mr. Dail, On behalf of SEL Property Investors, LLC, I am requesting the transfer of CAMA Permit Number 25-16 from SEL Property Investors, LLC to John and Linda Meyers of 5920 Nautical Isle Court. I have enclosed a copy of: • The deed for the property transferring from SEL Property Investors, LLC to John and Linda Meyers. • Transfer fee of $100 The transfer of this permit is intended for its original purpose and will conform to the permit conditions until any future permit modification can be authorized. Please use 5920 Nautical Isle Court, Wilmington NC 28409 as contact for the permittee. Thank you for your assistance. Sincerely, D Logan 910-332-3524 SEL Property Investors, LLC Manager CC: John and Linda Meyers - Owners RECEIVED MAY 2 5 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC iv _ 2 r.017 60 Gregory Road, Suite 1, Belville, NC 28451 P: 910-452-7175, F: 910-452-2135 Spears, Courtney From: Linda Myers <1indafmyers1114@gmaiLcom> Sent: Thursday, May 18, 2017 12:32 PM To: Spears, Courtney Subject: Transfer of Permit 25-16 to Myers Hello Courtney, Jessica, from Logan Homes, told me earlier this week that she had delivered what was needed to make the transfer of ownership in permit from SEL Property Investors to John and Linda Myers. Can you give us some idea of the time frame before we will be receiving the permit in our names? Will this be emailed or mailed or both? If mailed, it should be sent to our permanent home address: Linda and John Myers 458 Country Oak Ln Wilkesboro, NC 28697 I hope we will receive an email copy too so we can move forward with the company installing the 2 boat lifts. They will not continue with us until they see copy of permit in our name. Then we still have to go through the Architextural ReviewCommittee at Helms Port Development before any work can begin this group has to approve. Thanks for all your help, and we will appreciate all you can do to expedite the transfer of ownership. Linda/John Myers Owners of 5920 Nautical Isle Ct in Wilmington 336-909-5296 RECEIVED MAY 2 5 2017 DCM- MHD CITY RECEIVED MAY 2 5 2017 D'yIC M- M H D CITY _ BK: RS 6996 uIIIIIn�I��IIIIIIII�IIIIIAuI C 249D: 9-2501 RECORDE RE 2016027318 NC FEE$25.00 08-28-2016 NEW HANOVER COUNTY, NC STATE OF NC 09:22:52 AM TAMMY THEUSCH BEASLEY REAL ESTATE BY: CAROL HUGHLEY REGISTER OF DEEDS EXTX $4650.00 DEPUTY This instrument prepared by: $Jeffrey P. Keeter, a licensed North Carolina attorney. Parcel ID# R07600-003-168-000 PO Box 4, Wilmington, NC 28402 Revenue Stamps: $4,650.00 STATE OF NORTH CAROLINA WARRANTY DEED COUNTY OF NEW HANOVER THIS DEED, made this a95-A day of August, 2026, by and between, SEL PROPERTY INVESTORS, LLC, a North Carolina limited liability company, whose address is 60 Gregory Road, Suite 1, Belville, NC 28451 GRANTOR; and LINDA MYERS and husband, JOHN MYERS, whose address is LJ5 _ &^oun:'rw Oo$k Ln- k21Aker,6aroma nIC' z74-77 GRANTEES. WITNESSETH: THAT the said GRANTOR, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable considerations to it in hand paid by GRANTEES, the receipt of which is hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does hereby grant, bargain, sell, and convey unto the said GRANTEES, their heirs, personal representatives and assigns, the following described property lying and being in the County ofNew Hanover and State ofNorth Carolina, and more particularly described as follows: Being all of Lot 4, Phase Two of Helms Port Subdivision as shown on that map recorded in Map Book 60 at Page 297 of the New Hanover County Registry, reference to which is hereby made for a more particular description of the property. THE ABOVE -DESCRIBED PROPERTY IS CONVEYED SUBJECT TO. (A) all ad valorem taxes against the same for the current year, which are to be prorated between the parties, using the calendar year as the basis for prorating; (B) all easements and public and private utility rights -of -way of record affecting the same, and (C) certain easements and restrictions as to the use thereof, running with said property by whomsoever owned, which easements and restrictions are expressly assented to by the Grantee by acceptance of this deed, and which easements and restrictions are set forth in or shown on the Master Declarations of Covenants, Conditions and Restrictionsfor Helms Port, recorded in Book 5879, Page 850, New Hanover County Registry, as it may be amended from time to time (the "Declaration). Returned To ���E p 1Ck,CrOUch,Keeter, �L Y, 0N, NC MAY 12 2017 TO HAVE AND TO HOLD the above granted and described premises together with all and singular the rights, privileges, easements and appurtenances and hereditaments belonging or in anyway appertaining unto the said GRANTEES their heirs, personal representatives and assigns, in fee simple. AND the said GRANTOR, for itself, its successors and assigns, does covenant to and with the said GRANTEES, their heirs, personal representatives and assigns, that it is seized in fee of said premises and that it has good right to sell and convey the same; that the title is marketable and free and clear from any and all encumbrances, except as set forth herein; and that it will, and its successors and assigns shall, WARRANT AND DEFEND the title to the same against the lawful claims and demands of any and all persons whomsoever. Notwithstanding the foregoing, the warranties herein recited are subject to: 2016 ad valorem taxes; all applicable zoning and land use ordinances, rules, regulations, laws and statutes; and all restrictive covenants, easements and rights -of -way of record. IN TESTIMONY WHEREOF, the said GRANTOR has caused this instrument to be signed in its name by its Vice President, on the day and year first above written. F If checked, the property herein conveyed includes the primary residence of one or more of the Grantors. SEL PRO TY TORS, LLC BY: (SEAL) Patrick L non, Vice President State of NorAi Carolina County of CQJ\S1ML L "� W Q,Q l , a Notary Public of Nv�b.1 kQ L County, North Carolina do certify that on'thisiRik day of jJAClij 2016, before me personally appeared PATRICK LENNON, Vice President of SEL PROPERTY INVESTORS, LLC., a North Carolina limited liability company ,/ personally known to me; proved to me by satisfactory evidence; proved to me on the oath or affirmation of who is personally known to me, to be the person(s) whose name(s) is/are signed on the preceding or attached record, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose. aunnnn ry Pub lc NotaEE I V E D MyMm"on t P PUBLIC G2 � % , /OK COVV MAY 2 5 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC MAY 12 2017 ppNTY.N TAMMY THEUSCH BEASLEY New Hanover County o Register of Deeds i o Register of Deeds W v 320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401 Telephone 910-798-4530 • Fax 910-798-7751 �,❑S„ �' w 'P State of North Carolina, County of NEW HANOVER Filed For Registration: 08/26/2016 09:22:52 AM Book: RB 5996 Page: 2499-2501 3 PGS $4,676.00 Real Property $26.00 Excise Tax $4,650.00 Recorder: CAROL HUGHLEY RECEIVED Document No: 2016027318 MAY 2 5 2017 DCM- MHD CITY •+++t++++ttt+++++t+t++t+tt+t++ttt+t+t+t+++++t+t+t++r+ttr*t***r***#i}ii#}iiattattt+t+:+t++++++:+i:+r+++++++++ DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. RECEIVED DCM WILMINGTON, NC Date Date Check From (Name) Name ojPermit Vendor Check Check Permit Number NOTES Received Deposited Holder Number amount 5/22/2017 SEL Property same/Myers I Wells Fargo 55750 $100.00 transfer fee, MP 25-16 CS rct. 3394D Investors, LLC I NHCo v n n M < 0 ND M2 01 (7 N O \ 0 V M rt / DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 18 July, 2017 Regulatory Division Action ID No. SAW-2016-00151 and State Permit No. 25-16 SEL Property Investors, LLC Attn: D. I. Logan, Manager 60 Gregory Road, Suite 1 Belville, North Carolina 28451 Dear Mr. Logan: Through coordination with the North Carolina Division of Coastal Management (NCDCM), and on behalf of John and Linda Meyers, we have learned of your request to transfer the Department of the Army (DA) permit issued to SEL Property Investors, LLC to Linda and John Meyers. The original permit was issued for the construction of anew private docking facility that included an access pier, partially covered platform, floating dock and two boat lifts at 5920 Nautical Isle Court, adjacent to Masonboro Sound/AIWW, in Wilmington, New Hanover County, North Carolina. Coordinates are: 34.22568 N,-77.9446 W. Your transfer request states that you intend to utilize the permit for the purposes for which it was previously issued, and is in compliance with the original terms and conditions without change or modification —except as previously authorized. This permit is hereby transferred, however, it is understood that all other conditions of your permit remain applicable and will expire December 31, 2021. If you have any questions or comments, I may be reached at (910) 251-4170. Sind Tyler Crumbley, Project Manager Wilmington Regulatory Field Office Enclosures: CAMA Permit GP56 Conditions Plans -2- Copies Fumished (w/o enclosures): Ms. Heather Coats Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Chad Coburn Division of Water Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Doug Huggett North Carolina Department of Environmental Quality Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Ms. Courtney Spears Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405