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HomeMy WebLinkAbout167-96 TX Windjammer Phase II Development LLCPermit Class TRANSFER STATE Department Resources Major Development to an Aiea of Environmental Concem pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 PermitNumber 167-96 Issued toWindjammer, Phase II Development, LLC, 20 E. Second St., Ocean Isle Beach, NC 28469 authorizing development in Brunswick County at Ocean beach, off of W. Second St., OceanIsle Beach as requested in the permittee's application dated 3/10/98 including work plan drawings listed in Condition No. 1. This permit, issued on 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) This permit modification authorizes construction of Windjammer Condominiums, Phase II, in keeping with workplans listed in Condition No. 2. All conditions and stipulations of the original of permit No. 167-96 issued on 12/11/96 remain in force under this major modification unless altered herein. 2) Windjammer Condominiums, Phase II project must be carried out in keeping with the following workplans: a) "Site Plan - for Phase 2 ...:. dated revised 3/12/98; b) "Typical Details ...:. dated 10/31/96; c) .... Building Plan .... and "Elevation ...:. Sheets A-1 , A-2 and A-3 dated respectively 3/9/98, 3/3/98 and 2/26/98. . (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing 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 furtherDepamnental approval. All work must cease when the permit expires on December 31.1999 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 DEHNR and the Chairman of the Coastal Resources Commission. Donna LF. Moffitt, Director e/ Division of Coastal Management This permit and its conditions are hereby accepted. Windjammer, Phase H Development, LLC Permit #167-98 Page 2 of 2 ADDITIONAL CONDITIONS 3) The foundation piling of the structure must be located landward of the first line of stable natural vegetation, a distance of 120 feet. This must be established by Division of Coastal Management representatives from the Wilmington District Office, immediately prior to any structural piling placement. The line must be re-established if construction is not initiated within sixty (60) days and/or if there is a major shoreline change prior to commencement of construction. 4) All disturbed areas shall be vegetated and mulched within fourteen days of construction completion. 5) Any structure shall be -relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structures shall be located or dismantled within two 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 renourishment takes place within two 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 Rule .0308(a)(2) of this section. 6) The Division of Water Quality approved the project on November 22, 1996 under Stormwater Management Permit No. SW8961001, which was revised by DWQ letter of 3/19/98. Any violation of the SWMP will be considered a violation of this CAMA permit. 7) Facility lighting shall be of a design that will not affect nesting or hatching activities of sea turtles. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at, least thirty (30) days prior to the beginning of any land- disturbing activity. Submit this plan to the Dept. of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. NOTE: Work within the highway right-of-way must be coordinated with, and approved by the District Division of Highways, in Wilmington. Permit Class TRANSFER STATE OF NORTH; CAROLINA " - Department of Environment and Natural Resources Development in anArea of Concern X_ Major pursuant to NCGS 113A=,118 ;o Y c' Permit Number 167-96 Excavation and/or filling pursuant to NCGS 113-229 Issued to Windjammer, Phase H Development, LLC, 20 E. Second St., Ocean Isle Beach, NC 28469 authorizing development in Beach - - County at Ocean beach, off of W. Second St., Ocean Isle as requested in the permittee's application dated 3/10/98 including work plan Brunswick drawings listed in Condition No. 1. This permit; issued on ' -- \ 9 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) This permit modification authorizes construction of Windjammer Condominiums, Phase II, in keeping with workplans listed in Condition No. 2. All conditions and stipulations of the original of permit No. 167-96 issued on 12/11/96 remain in force under this major modification unless altered herein. 2) Windjammer Condominiums, Phase II project must be carried out in keeping with the following workplans: a) "Site Plan - for Phase 2 ...... ..:' dated revised 3/12/98; b) "Typical Details ...... dated 10/31/96; c) .... Building Plan .... and "Elevation ...... ..:' Sheets A-1 , A-2 and A-3 dated respectively 3/9/98, 3/3/98 and 2/26/98. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing 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 furtherDepartmental approval. All work must cease when the permit expires on December 31.1999 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 DEHNR and the Chairman of the Coastal Resources Commission. 4Y� Donna V. Moffitt, Director Division of Coastal Management This permit and its conditions are hereby accepted. .✓' Windjammer, Phase H Development, LLIC Permit #167m% Page 2 of 2 ADDITIONAL CONDITIONS 3) The foundation piling of the structure must be located landward of the first line of stable natural vegetation, a distance of 120 feet. This must be established by Division of Coastal Management representatives from the Wilmington District Office, immediately prior to any structural piling placement. The line must be re-established if construction is not initiated within sixty (60) days and/or if there is a major shoreline change prior to commencement of construction. 4) All disturbed areas shall be vegetated and mulched within fourteen days of construction completion. 5) Any structure shall be -relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structures shall be located or dismantled within two 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 renourishment takes place within two 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 Rule .0308(a)(2) of this section. 6) The Division of Water Quality approved the project on November 22, 1996 under Stormwater Management Permit No. SW8961001, which was revised by DWQ letter of 3/19/98. Any violation of the S WMP will be considered a violation of this CAMA permit. 7) Facility lighting shall be of a design that will not affect nesting or hatching activities of sea turtles. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land - disturbing activity. Submit this plan to the Dept. of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. NOTE: Work within the highway right-of-way must be coordinated with, and approved by the District Division of Highways, in Wilmington. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT July 15, 1998 Windjammer Phase II Development, LLC 20 E. Second Street Ocean Isle Beach, NC 28469 Dear Sir: The enclosed pernutconstitutes authorization underthe Coastal Area Management Act, andwhere 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. Ifyou object to the permit or any ofthe conditions, you mayrequest 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, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days ofthis decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the mattermust be resolved priorto work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work mustbe carried out in accordance with your application. Modifications, time extensions, and future maintenance require 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 be 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, orproblem areas, you may contact Departmentpersonnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, -16 - Q+ Jofin R Parker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. BOX 27667, RALEIGH, NC 27611-7667 /2726 CAPITAL BLVD., RALEIGH, NC 27604 PHONE 919-733-2293 FAX 919-733-149S AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER -SO% RECYCLED/10q POST -CONSUMER PAPER DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 September 28, 1998 IN FIEFLY MF"M I V Regulatory Division Action ID No. 199701768 and State Permit No. 167-96 y Three Island Partners, 1 Causeway Drive SW Ocean Isle Beach, North Carolina 28469-7505 Dear Sir: Through coordination with the North Carolina Division of Coastal Management (NCDCM), we have received a copy of your permit modification to perform additional work associated with the construction of the Windjammer Condominiums, Phase II on West Second Street, adjacent to the Atlantic Ocean, in Ocean Isle Beach, Brunswick County, North Carolina. Our review of your plans reveals that no impacts to waters or wetlands subject to our regulatory jurisdiction are proposed. Therefore, no Department of the Army authorization is required for your work. Should your proposed scope of work change, please contact this office to discuss possible required authorization. Please be advised that this does not relieve you of the need to obtain all necessary authorization, including a valid permit from NCDCM, prior to beginning work. Should you have any questions, please contact the undersigned available at telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Project Manager Wilmington Field Office Copies Furnished: Mr. John Parker Division of Coastal Management North Carolina Department of Environment and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611 Mr. C. Robert Stroud, Jr., District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 u el LD U pia T CW7 ill•, I , Division of Coastal Management �J Application Processing Notes Applicant: Deadline: N L\4� Date/Time: Message: WINDJAMMER 20 Ocean July 10, 1998 PHASE II DEVELOPMENT, LLC E. Second Street Isle Beach, NC 28469 Mr. John Parker North Carolina DENR Division of Coastal Management P.O. Box 27687 Raleigh, NC 27611-7687 Dear Mr. Parker: Windjammer Phase II Development, LLC is an N.C. corporation owned equally by Stuart F. Cooke, John V. Sutton, Jr. & Windfall Properties, Inc. RECEIVED JUL 13 1998 COASTAL MANAGEMENT Windjammer Phase II Development, LLC has entered into an agreement with Three Island Partners, LLC (which is also owned equally by Stuart F. Cooke, John V. Sutton, Jr. and Windfall Propperties, Inc.) to purchase the land associated with permit #167-96. windjammer Phase II Development, LLC hereby requests that the above permit be transferred into their name. We have enclosed our check in the amount of $50.00 to cover the cost of this transfer. The sale is will beent upon ansfer of the effected untilAclosing. Your assistance is greatly appreciated. Sincerely, Phil Holcombe V-- W4.A;ammer Phase II Development, LLC JAMMER PHASE II DEVELOPMENT, LLC 20 E. Second Street Ocean Isle Beach, NC 28469 July 10, 1998 Mr, John Parker North Carolina D$NR Division of Coastal Management P.O. Box 27687 Raleigh, NC 27611-7687 Dear Mr. Parker: Windjammer Phase II Development, LLC is an N.C. corporation owned equally by Stuart F. Cooke, John V. Sutton, Jr. & Windfall Properties, Inc. RECEIVE® JUL 13 1998 COASTAL MMAGEMEW Windjammer Phase II Development, LLC has entered into an agreement with Three Island_Partners, LLC (which is also owned equally by Stuart F. Cooke, John V. Sutton, Jr, and Windfall Properties, Inc.) to purchase the land associated With permit #167-96. Windjammer Phase II Development, LLC hereby requests that the above permit be transferred into their name. We have enclosed our check in the amount of $50.00 to cover the cost of this transfer. The sale is contingent upon transfer of the CAMA permit, and, therefore no deed will be effected until closing. Your assistance is greatly appreciated. Sincerely, Phil Holcombe for Windjammer Phase II Development, LLC Enclosure lor �; w; jawyn "acy. 11 n�ss ; CIO 'm !I!& ATT;?FVp,A in ... 001)L xWoorwo", w2qnyovs; no "C p"I nil; p ov;�Vrs, aw,; ajosim- "y" TAIS :6 INK1,50TAC oroc CINURY00 QK QQ ovwy Q?TQTr, um V3 1PIV 7VmzjsV- 0, :j0qwq 040 &VWN 10 qn 00mom 01 Q0,q0 to Cason wp, rpo opope Nian 7wr3 rosm wmA, yo c3_� :"IMIsamn j" t. pmw cu. ;ova Umaa.gipmiry mrown 107009 14111.lw Wo :NW47Y yu AIM, �-V= in bomyoumpan 701 sAw sawmq loco wr Q01joy, nk, n mfjq1y3T kjohjum, v7 .0100.0glou wyno ?I-ym t oncyl, P,1013waw; jqVP0 100 /F vp WE' "AYE "L, fx1 91: Ifyorap. an . &'T 100 0.. Q0 AV "AW 01 wyjoay, oa..- go, 12: 'jas'? ju Sol V-�, i.I=s MUMMY&' JUL., 10=99IFR11 0913 DEHNR 10STAL D1i09T TEL:919 733 1495 P. 002 Permit Class Permit Number MAJOR MODIFICATION STATE OF NORTH.CAROLINA 167-96 Department of Enviro,iruecii�a a Natural Resources and .. Coastal Resources Cornr ssjon Y rut X ,;..':.:. .for,='�_ Major Develogme�"r4"• n an Ate` ofEnvlronmental Concern pursuant to NCGS IHA=118., w Excavation and/or filling pursuant to NCGS 113-229 Issued m Windjammor Condominiums II, c/o Three Island Partners, LLC, t Causeway Dr., Ocean Isle Beach, NC 20549 authorizing development in Brunswick County at Ocean beach, off of W. Second St., Ocean Isle Beach as requested in the permittee's application dated 3110/99 including work plan drawings listed in Condition No. 1. This permit, issued on 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) This permit modification authorizes construction of Windjammer Condominiums, Phase II, in keeping with workplans Iisted in Condition No. 2. All conditions and stipulations of the original of permit No. I67-96 issued on 12/11/96 remain in force under this major modification unless altered herein. 2) Windjammer Condominiums, Phase 11 project must be carried out in keeping with the following workplans; a) "Site Plan - for Phase 2 ..." dated revised 3/12/98; b) "Typical Details ...." dated 10131196; c) .... Building Plan .... and "Elevation ...." Sheets A -I , A-2 and A-3 dated respectively 3/9/98, 3/3/98 and 2/26/98, (See attached sheet for Additional Conditions) This penniuction may be appealed by the pemtittee or other qualified persons within twenty (20) days of the issuing date. An appeal requites 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 Departmental approval. All work must cease when the permit expires on December 31. 1999 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 authorityof the Secretary of DEHNR and the Chairman of the Coastal Resources Commission, Donna . Maflltt, Director 'Division of Coastal Nanagement This permit and its conditions are hereby accepted. -Sittnature.0fPermittee JUL.7.10'-98-(FR1) 09:34 DEHNR COSTAL N(NT TEL:919 733 1493 P. 003 Windjammer Condominiums If ADDITIONAL CONDITIONS Permit #167-98 Page 2 of 2 3) The foundation piling of the structure mast be located landward of the first line of stable natural vegetation, a distance of 120 feet. This must be established by Division of Coastal Management representatives from the Wilmington District office, immediately prior to any structural piling placement. The line must be re-established if construction is not initiated within sixty (60) days and/or if there is a major shoreline change prior to commencement of construction, 4) All disturbed areas shall be vegetated and mulched within fourteen days of construction completion, 5) Any structure shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structures shall be located or dismantled within two 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 renourishment takes place within two 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 Rule ,0308(a)(2) of this section. 6) The Division of Water Quality approved the project on November 22, 1996 under Stormwater Management Permit No. SW8961001, which was revised by DWQ letter of 3/19/98. Any violation of the SWMP will be considered a violation of this CAMA permit. 7) facility lighting shall be of a design that will not affect nesting or hatching activities of sea turtles. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land - disturbing activity. Submit this plan to the Dept. of Environment and Natural. Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. NOTRI Work within the -highway right-of-way must be coordinated with, and approved by the District Division of Highways, in Wilmington. 6 THREE ISLAND PARTNERS, LLC #1 Causeway Drive Ocean Isle Beach, NC 28469 July 10, 1998 Mr. John Parker North Carolina DENR Division of Coastal Management P.O. Box 27687 Raleigh, NC 27611-7687 Dear Mr. Parker: aleCEIV D JUL 131998 CQASTALMANAGEMENT Three Island Partners, LLC has entered into a sales agreement with Windjammer Phase II Development, LLC for the land associated with permit #167-96 and request that this permit be transferred to them. Your assistance is greatly appreciated. Sincerely, Phil Holcombe for Windjammer Phase II Development, LLC :--'It "' - !.-;i 01: 01 vtol.'r 1AX104 ONO& YQU VnIK"10 man? impon'susm csly4an in lRYS MCI 0 08vu-:40V 00 109104 .1m �nmi Whl a CIO! beloyrz Aw Aq .619WINQ bawl%, yma:l nui all mexq0lov"d 1 1 pyniq 7EY-0QU01H jQw mW wenym bne 61-7111 Amysa AlAw OwAS"aw nsal aw mok 11 %waraval ed lKloq um my"Woolqyz "AlwiQ M sonsweRTS 100'' swosiop TOM JUL. -10'98(FRI) V:35 ['EH1R i'16JIL �I,)IT TEL 919 -51 I495 F 002 Permit Class MAJOR MODIFICATION STATE OF NORTH CAROI WA Department of Environmeni'and Natural Resources and Coastal Re -sources Commission -�rr�tit for Major Development. in an Area of Environmental Concern pursuant to NCOS 113A-118 IS w Excavation and/or filling pursuant to NCGS 113-229 Permit Number 167-96 Issued to indlammor Condominiums 1I, c/o Three Island Partners, LLC, I Causeway Or., Ocean Isle Reach NC 28549 authorizing development in Beach Brunswick County at Ocean beach, off of W. Second St., Ocean Isle 3/10/98 including work plan drawings listed in Condition No. 1. This permit, issued on n -- g. — 01_ 7 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. as requested in the perminee's application dated 1) This permit modification authorizes construction of Windjammer Condominiums, Phase II, in keeping with workplans listed in Condition No. 2. All conditions and stipulations of the original of permit No, 167-96 issued on 12/11/96 remain in force under this major modification unless altered herein. 2) Windjammer Condominiums, Phase II project must be carried out in keeping with the following workplans; a) "Site Plan - for Phase 2 ...... dated revised 3/12/98; b) "Typical Details ...... dated 10/31/96; c) .... Building Plan .... and "Elevation ...." Sheets A-1 , A-2 and A•3 dated respectively 3/9/98, 3/3/98 and 2/26/98. (See attached sheet for Additional Conditions) This permiLRction may be appealed by the petmittee or other qualified persons within twenty (20) days of the issuing 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 Departmental approval. All work must cease when the permit expires on p<Cpmher 31. 1999 Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Donna . MoftStt, Director ivision of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Proeram, JUL, ,.If>`98(FRII 09:34 DEBR COSTAL MGMT TEL:919 733 1495 P.00J Windjammer Condominiums 11 Permit #167-98 Page 2 of 2 ADDITIONAL CONDITIONS 3) The foundation piling of the structure must be located landward of the fast line of stable natural vegetation, a distance of 120 feet. This must be established by Division of Coastal Management representatives from the Wilmington District Office, immediately prior to any structural piling placement. The line must be re-established if construction is not initiated within sixty (60) days and/or if there is a major shoreline change prior to commencement of construction. 4) All disturbed areas shall be vegetated and mulched within fourteen days of construction completion. 5), Any structure shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structures shall be located or dismantled within two 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 renourishment takes place within two 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 Rule ,0308(a)(2) of this section. 6) The Division of Water Quality approved the project on November 22, 1996 under Stormwater Management Permit No. SW8961001, which was revised by DWQ letter of 3/19/98. Any violation of the SWMP will be considered it violation of this CAMA permit. 7) facility lighting shall be of a design that will not affect nesting or hatching activities of sea turtles. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land - disturbing activity, Submit this plan to the Dept. of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405, TrOTE: Work within the highway right-of-way must be coordinated with, and approved by the District Division of Highways, in Wilmington.