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
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pia
T
CW7
ill•,
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,
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
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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
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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.