Loading...
HomeMy WebLinkAbout6-15TX Poteat Smith Properties LLCPerbit Class Permit Number TRANSFER 6-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Q•�► 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 Issued to Potent Smith Properties, LLC,100 Pearce Drive, Jamestown, NC 27282 Authorizing development in Brunswick County at Atlantic Ocean, 7402 E. Beach Drive, Oak Island as requested in the permittee's application dated 10/22/14 (MP-1 & MP-2) and 11/4/14 (MP-3). includine the attached workman drawings (2). as referenced in Condition No. 1 of this permit. This permit, issued on March 25,?015 , 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 oe subject to tines, imprisonment or civil action; or may cause the permit to be nuts ana Vora. 1) Unless specifically altered herein, all development shall be carried out in accordance with the attached workplan drawings (2), both dated 10/21/14 and the AEC Hazard Notice dated received in the MHC office 11/12/14. Upland Development 2) Unless specifically altered herein, this permit authorizes the land disturbing activities associated with the development of the above referenced property, including the single family residence and driveway, 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. RECEIVED (See attached sheets for Additional Conditions) APR 0 2 Ab This Dermit action may be annealed by the Dermittee or Signed by the authority of the Secret o d the 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, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Chairman of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Poteat Smith Properties, LLC Permit #6-15 Page 2 of 3 ADDITIONAL CONDITIONS 3) No fill material shall be placed at any time in any vegetated wetlands or surrounding waters outside of the alignment of the fill area indicated on the approved workplan drawing(s). 4) All construction within the Ocean Hazard AEC shall comply with all applicable requirements of the N.C. Building Code and the local flood damage prevention ordinance as required by the National Flood Insurance Program. If any provisions of the building code or the flood damage prevention ordinance are inconsistent with any of the following AEC standards, the more restrictive standard shall apply. 5) All fill material shall be clean and free of any pollutants except in trace quantities. 6) The permittee shall, in coordination with the Division of Coastal Management, determine the static vegetation line and corresponding structural setback requirements. All authorized development shall be located landward of the appropriate setback lines. Construction shall begin within sixty days of this determination or the determinations shall be considered void, and new setback lines shall be re- established. In the case of a major shoreline change within that period, a new setback determination may be required before construction begins. 7) No structures shall be located waterward of the vegetation line referenced in Condition No. 6 of this permit. 8) The foundation pilings, and any other foundation or support structures for buildings, shall be located entirely landward of the small -structure setback line referenced in Condition No. 6 of this permit. 9) All buildings in the Ocean Hazard Area of Environmental Concern shall be on pilings not less than 8 inches in diameter if round, or 8 inches to a side if square. 10) All foundations shall be adequately designed to be stable during applicable fluctuations in ground elevation and wave forces during a 100-year storm. 11) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under the structures. 12) Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two (2) years of the time when it becomes imminently threatened, and in any case, upon its collapse or subsidence. However, if natural shoreline recovery or beach re -nourishment takes place within two (2) years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed under CRC Rules. 13) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. RECEIVED APR 0 2 2015 Hiow�-"Pm I-m 0 r Poteat Smith Properties, LLC ADDITIONAL CONDITIONS Permit #6-15 Page 3 of 3 Sedimentation and Erosion Control 14) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 15) 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. General 16) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 17) 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. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to a Stormwater Permit from the Division of Energy, Minerals and Land Resources. 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 fixrther advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 14-1186. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2014-01171. NOTE: A permit transfer application processing fee of $100 was received by DCM for this project. RECEIVED APR 0 2 2015 _--__._.........._..__..._..._._._..__�_..�_ Permit Class Permit Number TRANSFER 6-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission for 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 Poteat Smith Properties, LLC,100 Pearce Drive, Jamestown, NC 27282 Authorizing development in Brunswick County at Atlantic Ocean, 7402 E. Beach Drive, Oak Island ,ds requested in the permittee's application dated 10/22/14 MP-1 & MP-2)nd 11/4/14 (MP-3), including the attached workplan drawings (2) as referenced in Condition No 1 of this hermit This permit, issued on March 24,E 2015 , 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) Unless specifically altered herein, all development shall be carried out in accordance with the attached workplan drawings (2), both dated 10/21/14 and the AEC Hazard Notice dated received in the MHC office 11/12/14. Upland Development 2) Unless specifically altered herein, this permit authorizes the land disturbing activities associated with the development of the above referenced property, including the single family residence and driveway, 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) 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, 2018 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 DENR and the Chairman of the Coastal Resources Commission. Ara '.' V, rCd r'Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Poteat Smith Properties, LLC Permit #6-15 Page 2 of 3 ADDITIONAL CONDITIONS 3) No fill material shall be placed at any time in any vegetated wetlands or surrounding waters outside of the alignment of the fill area indicated on the approved workplan drawing(s). 4) All construction within the Ocean Hazard AEC shall comply with all applicable requirements of the N.C. Building Code and the local flood damage prevention ordinance as required by the National Flood Insurance Program. If any provisions of the building code or the flood damage prevention ordinance are inconsistent with any of the following AEC standards, the more restrictive standard shall apply. 5) All fill material shall be clean and free of any pollutants except in trace quantities. 6) The permittee shall, in coordination with the Division of Coastal Management, determine the static vegetation line and corresponding structural setback requirements. All authorized development shall be located landward of the appropriate setback lines. Construction shall begin within sixty days of this determination or the determinations shall be considered void, and new setback lines shall be re- established. In the case of a major shoreline change within that period, a new setback determination may be required before construction begins. 7) No structures shall be located waterward of the vegetation line referenced in Condition No. 6 of this permit. 8) The foundation pilings, and any other foundation or support structures for buildings, shall be located entirely landward of the small -structure setback line referenced in Condition No. 6 of this permit. 9) All buildings in the Ocean Hazard Area of Environmental Concern shall be on pilings not less than 8 inches in diameter if round, or 8 inches to a side if square. 10) All foundations shall be adequately designed to be stable during applicable fluctuations in ground elevation and wave forces during a 100-year storm. 11) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under the structures. 12) Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two (2) years of the time when it becomes imminently threatened, and in any case, upon its collapse or subsidence. However, if natural shoreline recovery or beach re -nourishment takes place within two (2) years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed under CRC Rules. 13) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. Poteat Smith Properties, LLC ADDITIONAL, CONDITIONS Sedimentation and Erosion Control Permit #6-15 Page 3 of 3 14) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 15) 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. General 16) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 17) 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. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to a Stormwater Permit from the Division of Energy, Minerals and Land Resources. 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: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 14-1186. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2014-01171. NOTE: A permit transfer application processing fee of $100 was received by DCM for this project. ©A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM TO: Jonathan Howell, Major Permits Section FROM: Heather Coats tt" L Field Representative, Wilmington THROUGH: Debra Wilson V_" District Manager, Wilmington DATE: March 9, 2015 SUBJECT: Permit Transfer Request CAMA. Major Permit No. 6-15 Lance Henderson, Brunswick County Donald R. van der Vaart Secretary RECEIVED MAR 11 10b htrp°�-w�aMtrlt*'i Kelly Smith, Member/Manager of Poteat-Smith Properties, LLC is requesting a transfer of State Permit No. 6-15 from Lance Henderson to Poteat-Smith Properties, LLC. State Permit No. 6-15 was issued to Lance Henderson on January 15, 2015 for the construction of a single- family residence with associated 404 wetland fill. Kelly Smith has stated that Poteat-Smith Properties, LLC intends to develop the property in accordance with the application and will comply with all requirements and conditions of the current permit. The applicant's agent has submitted a check (ck. # 3275) in the amount of $100.00 for the transfer request. Additionally, it has come to our attention that the original application gave the incorrect address for the property. The permit was issued for development at 7400 E. Beach Drive, and the Town has given the parcel an address of 7402 E. Beach Drive. The permit transfer should therefore also be modified to list the correct address of 7402 E. Beach Drive. Enclosures cc: Wilmington Files 127 Cardinal Drive Ext, Wilmington, North Carolina 28405 Phone: 910-796-72M Internet: www.nodenr.gov An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper POTEAT-SMITH PROPERTIES. LLC 100PEARCEDR, J"ESTOW?V, NC 27282 ♦ (336) 240-8540 RECEIVED MAR 11 2015 nf-WA•"n1W halt$ March 5, 2015 Heather Coats, Field Representative NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405-3845 RE: 7400/7402 E Beach Dr, Oak Island, NC 28465 Dear Heather: I am writing to request the transfer of the CAMA permit of the subject property from the current holder to the current owner. Poteat-Smith Properties, LLC acquired 7400 E Beach Dr from Edward Lance Henderson on January 21, 2015, after the CAMA permit was issued on January 15, 2015. Through Poteat-Smith Properties, LLC, I intend to use the CAMA permit for the purpose for which it was it issued — to develop the property in the same manner as outlined in the CAMA permit application. In fact, I worked with Mr. Henderson on the CAMA application process, not understanding that I could have applied for the permit directly given that the property was under contract (my apologies). There are no changes in circumstances affecting the project and no changes to the project as outlined in the application. The only change to the project is that the Town of Oak Island has informed me that they are changing the address for the property from 7400 E Beach Dr to 7402 E Beach Dr for consistency with other addresses in the Town. If you need any additional information or clarification, please feel free to reach out to me directly. Thank you in advance for your flexibility in addressing this transfer quickly. Sincerely, <� Kelly M Smith Member/Manager Poteat-Smith Properties, LLC Page 1 of 1 �IH� I�I�I II II II�II II I�I I II'� oOrMNs P"" of trends n. Cleo s �[ Reglsta of 0"" 61-21-2015 11:16:07.400 Hr iea Ce ty, Nc RECEIVED K REVID" STRIP: $250.60 1"22446) p �to� �� ,� MAR 11 10' � 10bi1 R_� U lnt %p"�•rhnr+� Ck1Ck:;`S t Cash$ MAIAtl: Cu�s_Flttseee C PNdOddatowttra M to wdb at"M GBlaa 19101 a1MV0MWbyV01W aebyaenMncaMNi+naVMuxa«added. This instrument prepared by: Robert K. Se rm, a licensed NC Attorney. Delinquent taxes, if any, to be paid by the closing attorney to the Brunswick County Tax Collector upon disbursement of closing proceeds. P-12251 Revenue Stamps $250.00 STATE OF NORTH CAROLINA COUNTY OFBRUNSWICK GENERAL WARRANTY DEW nds Deed, made this 21 at day of August 2014, by and between EDWARD LANCE HENDERSON(UNMARRIED), Graotor and POTEAT-SMITH PROPERTIES, LLC, a NC Limited Liability Company, Grantee, whose mailing addreaa is 100 Pearce Drive, Jamestown, NC 27282-8444. WITNESSETH: That the Grantor, for valuable consideration paid by the Graeae, 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 of that certain lot or parcel of land situated in the County of Bnutswick, State of North Carolina and more particularly described as follows: BEING Lot 25, Block 8 - B, of Deborah Coy Subdivision, as shown on map recorded in Map Cabinet M, Page 103, Brunswick County Registry. Grantor acquired title to this property by Dead recorded in Book 613, Page 846, Brunswick County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Gtantce, their heirs, successors and assigns, in fee simple. http://branswick-live.inttek.netlpusliimage.ntk?s jlrQm3n9W7LRiBrRdBgOj6gMmx4NhY... 3/5/2015 Page 1 of 1 �IIzNIIY. Regis 0 Deede And the Grantor covenants with the Gtmtee, that the Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and five and clear of all MAR 1.1 i encumbrances, and that Grantor will warrant and defend the title against the lawful clamps of all persona ryrWewnt� whomsoever except for the following exceptions hereinafter waled. Title to the property herein above described is subject to the following exceptions: 1. Easements for utilities and tights of way in the chain of title. 2. All govunn)cntal laws, rules, regulations and ordinances that affect the use of the propesty. 3. Carrvnt yew ad valavm taxes. IN WTINESS WHEREOF, the Grantor has hereunto set their hand and see], the day and year first above written. I { p EDWARD LANCE IENDERSON The Grantor rep _ meets that this property is / is not X_ Uir primary reddence- STATE OF < Flarida **** COUNTY OF rt 8j'�j L a Notary Public is sad for the State and Canty eforesaid certify that EDWARD LANCE HENDERSON personally appeared before me this day and acknowledged the execution of the foregoing nstrument. Wihwas my hand and Real this r,A II day of t 2014. 11 LLl My Commission expires: Y 4.13.16 (Notay Signature) (Notary Seal) �y�.�y 0 R NAMIILR9 Y +� �- 1.t1'fAaaay910NY�1�1a0 ''� �... FX►RKtNp4Wwla, aala http://brunswick-live.inttek.netlpushimage.ntk?s jIrQm3n9W7LRiBrRdBgOj6gMmx4NhY... 3/5/2015 RECEIVED ut0 1 1 1nA DENR CAMA Daily Check Log for WIRO Date Received Check From (Name) Name of Permit Holder Vendor Check Number Check amount I Permit NumbedCommenfs Refund/Reallocated 3/2/2015 Pacula Builders LLC I Roy Gilbert & Brenda Madison 'First Citizens Bank 1138 $600.00:GP 65079D � 3=015 Pacula Builders LLC _ Dennis Michael Security Savings Bank - 1847 _ $400.00 GP 65102D @$200 Dennis Michael GP 65103D @$200 _ 3/2/2015 David Lee Builders, Inc I Edwards B of A 19918 $100.00 minor fee, TB 15-03 3/3/2015 Carolina Marne Construction, Inc. ;John Clark First Bank 9496 $400,00, GP 65093D l 3132015 East Coast Engineering & Surveying, P.C. Dinah Gore First Bank 1308 $100,00 minor fee, SB 15-01 _. 3142015 Hunter Development Corp. John Ledoux Yadkin Bank 22714 $200.00 GP 65037D 3/52015 Coastal Marine Piers Bulkheads LLC James Hamen Wells Fargo Bank 20059 $100.00 renewal fee, MP 119-10 3/52015 Mark D. Kelly same IPNC Bank 795 $200.00 GP 65121 D 3/6/2015 Lighthouse Marine Construction Inc Rick Rouse 1B of A 5269 $600.00 GP 65035D 3/6/2015 1 Bruce Marek, P.E. Timber Creek HOA Wells Fargo Bank 1433 $400.00 majorfee, Timber_ Creek, BHI, Br 3162015 Kenneth W. and Be T. Futch same Alliance Credit Union 10240 $250.00 major fee 3/6/2015 Gregory A Holden same CresCom Bank 2017 $25.00 return ck fee, 6134, 2/13/15 3/62015 Gregory A Holden Kathryn Bradley CresCom Bank 2016 $400.00 GP 65109D @$200 Lockwood Folly, POA replacement for rtned check GP 65056D @$200 repayment 3/92015 Garry D. Aldridge same NC State Employees' Credit Union 1044 $200.00 GP 57442D 3/92015 Bun Builders, Inc. Poteat-smith Properties, LLC BB&T 3275 $100.00 transfer fee, MP 6-15 _ i DCM Coordinator: l Permit #: d-1S MAILING DISTRIBUTION SHEET AA .kl_ Prar�p �� L L e DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City L�✓ Washi ton �L ilmi sf US ACOE Offices: Washington: Wilmington: Ral ' mble Cultural Resources: Renee Gledhill -Early or(environmental.review@ncdcr.gov) Public Water Supply: Diane J. Williams (WIRO) Joey White (WARD) NC DOT: Ken Pace Shellfish Sanitation: Patti Fowler State Property: Tim Walton Water Resources: Karen Higgins (Raleigh) John Hennessy (NC DOT) Washington: Anthony Scarborough Wilmington: Joanne — 401 C - 401 Linda Lewis - Stormwater Wildlife Resources: Maria Dunn (WARD) LPO: Fax Distribution: Permitee Agent #:. North Carolina Department of Environment and Natural Resources Pat McCrory Donald R, van der Vaart Governor Secretary March 25, 2015 Potent Smith Properties, LLC 100 Pearce Drive Jamestown, N.C. 27282 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff - colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733- 2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, Douglas V. Huggett Major Permits and Consistency Manager 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247.33301 Internet: www.ncooastaimanagement.net An Equal Opportunity/ Affirmative Action Employer