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HomeMy WebLinkAbout75-19 Renewal Fahle, Steven & CathyPermit Class RENEWAL STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 75-19 Issued to Steven R. and Cathy A. Fahle 218 Shoreline Dr. Sunset Beach, NC 28468 Authorizing development in Brunswick County at adi. to AIWW at 218 Shoreline Drive E, Sunset Beach as requested in the permittee's application dated letter dated This permit, issued on January 9, 2023 , 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) This renewal shall be attached to Permit No. 75-19, which was transferred to the permittee on 1/31/22, as well as all subsequent modifications, refinements, and renewals, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this renewal. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2019-0367. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No. 2019-00545. NOTE: A permit renewal application processing fee of $100 was received by DCM for this project. 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, 2024 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 Chair of the Coastal Resources Commission. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee NC Division of Coastal Management CAMA Major Permit Renewal Request District: Choose a district Major Permit Staff: Choose Staff Applicant Infurmalion Applicant Name: Fahle Steven & Cathy Request Date:12/11/22 Last First Project 218 Shoreline Dr E. Address: Street Address CAMA Permit 75-19 No.: Agent's Name: n/a Received in Office: Sunset Beach 28468 City Permit Expiration Date: 12/31 /22 ZIP Code Payment $ 100.00 NO District ManagedPield Rep Approve? (Initial Appropriate Box) ❑ DWRProject 2019-0367 No: Has substantial YES NO If Yes, development occurred? El - Explain: YES NO Recommend to Renew? 7 ❑ If Not Approved, provide Justification: USAGE Action ID No.: 2019-00545 an Brock Staff Brendan Brock Date: l022.12d008:12by d0_05101 12/20/22 Signature: Date: 2022.12.20 08:12:50-05'00' Date: NorthCato9naDeparmamtofEnvtronmental Quanty I Dlvlslon of Coastal Maanrraog9emnt e WasMrgtonofDce 1943Washinfori SquareMaa I Washington North Carollna27B{91 252.946b4B1 Wllmington office 1122 Central Drive Extension I Wgmhtgtoo. North Caroana28M 1910196A115 Morehead OtyOflilce 1400Commerce Awnuo I Morehead CBy.NodhQMlta28W I2SM082WS 12/11/2022 State of North Carolina Department of Environmental Quality and Coastal Resources Commissions Re: Major Permit 75-19 issues to Steven R. and Cathy A. Fahle — 218 Shoreline Dr. E. Sunset Beach NC. 28468 Status of current Permit - No work has been done on this permit; we cannot get a contractor to drive the pilings we need to complete this project. Grice is the on folks in the area and they are out 2 years to drive pilings. Things are worse after the hurricane we had over the summer. - There have been no changes to the permit plan except the transfer to Steve and Cathy the new owners in January 2022. - There are no plans for us to change the ownership of this property - Since we have started no work on this project we are in compliance with all conditions of the permit - I have attached a executed copy of the current Permit in place permit number 75-19. - Attached is a check for 100 dollars made out to the NCDEQ. Please renew our permit for another 3 years to allow us time to get the dock built based on current construction delays due to COVID 19. Please let me know if you have any questions regarding. Thanks Steven R. and Cathy A. Fahle 218 Shoreline Dr. E. Sunset Beach NC 28468 Fyfi i RECEIVED DEC 14 M:" K)CM WILMINGTON, Nt. Permit Class TRANSFER STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS l 13A-118 _ Excavation and/or filling pursuant to NCGS 1 13-229 Permit Number 75-19 Issued to Steven R. and Cathy A Fable 218 Shoreline Dr. Sunset Beach, NC 28468 Authorizing development in Brunswick County at adi to AI W W at 218 Shoreline Drive E. Sunset Beach, as requested in the permittee's application dated 03/07/19 (MP-1) & 03/12/19 (MP-4), including attached workplan drawing (1) dated received at DCM Wilmington 07123/19. This permit, issued on January 31, 2022 , 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 tines, imprisonment or civil action; or may cause me permit to oe nuit ana voru. Docking Facility I) This pennit authorizes only the 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 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, 2022 Signed by the authority of the Secretary of VhQ ano the chair of the Coastal Resources Commission. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State ofh Molina Co That JeCn �j� your project is consistent with the North Carolina Coastal �( �/� Management Program. DEC 14 2022 Signature of Pertninee e ^&A rnm nAINt;TON iRECE1VEn Steven R. and Cathy A. Fahle DEC 14 P022 Permit No. 75-19 Page 2 of 3 ®CM WILMINGTON NC ADDITIONAL CONDITIONS 3) In accordance with commitments made by the permittee and in order to satisfy concerns of the resource agencies, physical stops shall be placed on the personal watercraft lift at a minimum height of 18" above the bottom substrate to prevent the personal watercraft lift from disturbing the bottom substrate. The physical stops shall remain in place for the life of the permitted docking facility. 4) This permit authorizes a maximum of one (1) formalized personal watercraft slip. 5) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six (6) feet in width and shall be elevated a minimum of three (3) feet over the wetland substrate as measured from the bottom of the decking. 6) 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. 7) 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. 8) The authorized covered platform/gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Lattice is specifically excluded from being used under this authorization. 9) The roof of the covered platform/gazebo shall not be designed for second story use. 10) 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. General 11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 12) 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. 13) 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. 14) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. Steven R. and Cathy A. Fahle ADDITIONAL CONDITIONS Permit No. 75-19 Page 3 of 3 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: 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 Programmatic General Permit 291 (Action ID No. SAW-2019-00545), which was issued on 09/19/19. NOTE: The N.C. Division of Water Resources assigned DWR Project No. 2019-0367. NOTE: An application processing fee of $250 was received by DCM for this project. RECEIVED DEC I J�X0 " DCM WILMIW ..'::;r,, . ISA NCAC 073.0404 DEVELOPMENT PERIOD EXTENSION (a) For CAMA minor permits authorizing beach bulldozing, the permit holder is entitled to request a one-time 30- day permit extension. No additional extensions shall be granted alter the 30-day extension has expired. Notwithstanding this Paragraph, the permit holder is eligible to apply I'or another minor permit authorizing beach bulldozing following expiration of the 30-day permit extension. (b) All other CAMA permits may be extended where substantial development, either within or outside the AEC, has begun or is continuing. The permitting authority shall grant as many two-year extensions as necessary to complete the initial development, with the exception that multi -phased beach nourishment projects may be granted ten-year extensions to allow for continuing project implementation. Renewals for maintenance of previously approved dredging projects may be granted for periods not to exceed five years, For the purpose of this Rule, substantial development shall be deemed to have occurred out a project if the permit holder can show that development has progressed beyond basic site preparation, such as land clearing and grading, and construction has begun and is continuing on the primary structure or structures authorized under the pemit. For elevated structures in Ocean Hazard Areas, substantial development begins with the placement of foundation pilings, and proof of the local building inspector's certification that the installed pilings have passed a floor and foundation inspection. For residential subdivisions, installation of subdivision roads consistent with an approved subdivision plat shall constitute substantial development. (c) To request an extension pursuant to Paragraphs (a) and (b) of Otis Rule, the permit holder shall submit a signed and dated request containing the following: (1) a statement of the completed and remaining work; (2) a statement that there has been no change of plans since the issuance of the original permit other than changes that would have the effect of reducing the scope of the project, or previously approved permit modifications; (3) notice of any change in ownership of the property to be developed and a request for transfer of the permit; and (4) a statement that the project is in compliance with all conditions of the current permit. (d) For extension requests where substantial development has not occurred in accordance with Paragraph (b) of this Rule, the Division of Coastal Management may circulate the request to the commenting State resource agencies along with a copy of the original permit application. Commenting Slate resource agencies will be given 30 days in which to comment on the extension request. Upon the expiration or the commenting period the Division of Coastal Management will notify the permit holder of its actions on the extension request. (c) Notwithstanding Paragraphs (b) and (d) of this Rule, an extension request may be denied on making findings as required in either G.S. 113A-120 or G.S. 113-229(c). Changes in circumstances or in development standards shall be considered and applied by the Division of Coastal Management in snaking a decision on an extension request. (i) The applicant for a major development extension request shall submit, with the request, a check or money order payable to the Department in the sum of one hundred dollars (S 100.00). History Note: Authori(rG.S. 113A-119; 113A-119.1; 113A-110; 113A-124(c)(8); 113-129(e); ejj: March 15, 1978; Amended EJ): August 1, 1001; August 1, 1000; April 1, 1995; A4arch 1. 1991; March 1, 1985; November 1, 1984: Readopted Eff August 1,1011; Amended E).. August 1, 2022. DEC 14 202?, DCM WILMINGTON, NO Steve, I have attached a copy of the rules for a permit extension but essentially: To request an extension the permit holder shall submit a signed and dated request containing the following: (1) a statement of the completed and remaining work; (2) a statement that there has been no change of plans since the issuance of the original permit other than changes that would have the effect of reducing the scope of the project, or previously approved permit modifications; (3) notice of any change in ownership of the property to be developed and a request for transfer of the permit; and (4) a statement that the project is in compliance with all conditions of the current permit. (5) A copy of the existing permit (6) $100 check made out to NCDEQ Please send the request and the check to 127 Cardinal Dr. Ext., Wilmington, NC 28405 by 12/31/2022. Brendan Brock Field Representative NC Division of Coastal Management Department of Environmental Quality 910 796-727C office brendan.brack@ncdenr.gov 127 Cardinal Drive Ext Wilmington, NC 28405 RECEIVED DEC 14 2022 DCM WILMINGTON, NC .o w kaim .., e0009 en rwuemquet,.. lfarms at"Wilwarbor Dow IIIIII IIII ee Cp ee���,,tI III III �I�ll lur IN+Y IsiYdl8le Bnatwldc QOYllly'lYlf 0�;d9Y,h7% II�IIIIII'I �I�III ul 9i a �f 3 14511011110 tflYl ae81@l'IQ /Itl•llef ! YYY an art: Partial Humber '2:sr.(A 2.'2 9snoWWbyNa BrwwM OowW AesoNori 011lee. llyela nata awtiBad that Ole peAleltaitlberBtaldtea the deed T 9etum r' Of e OYL TjptM' 3 Total Rev A' � �ky]�Lg,_gre G3 teens (Aeal) T6tt COl l rW--' 7efund CashS--Flnor�ce Pomorreof document we Ipeglble due t000ndalon at odglnal. 2 Document contains seats vedfbd by odgnei retratm, thatmmt be reproduced or cowed. This instrument prepared by: David L. Wortman, a licensed North Carolina attorney. Delinquent taxes, if any, to be paid by the closing attorney to the Brunswick County Tax Collector upon disbursement of closing proceeds. No title opinion or closing services rendered by preparer. NORTH CAROLINA QUITCLAIM DEED Excise Tax: --- Parcel Identifier No. 256GCO22 Verified by County on the _ day of . 20_ By: PREPARED WITHOUT EXAMINATION OF TITLE Mail/Box to: The Wortman Law Firm, PLLC, 624 Village Rd., Suite I, Shallotte, NC 29470 This instmmentwas prepared by The Wortman lAw Finn PLLC 624 Village Rd Suite I Shallotte NC 28470 Brief description for the Index: TR-1 & 2.82AC TWIN LAKES PL 59/95 NC 179 0.820AC THIS DEED made this _ day of , 20� by and between GRANTOR GRANTEE STEVEN FAHLE and wife, STEVEN RAY FAHLE and CATHY CATHY FAHLE ALLEN FAHLE, co -trustees of the IS8 Windsor Court STEVEN AND CATHY FARLE TRUST Hampstead, NC 28443 dated December 31, 2012 218 Shoreline Drive East Sunset Beach, NC 28468 Enter in appropriate block for each party: mane, address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Greater and Grantee as used herein shall include mid parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter a required by context TO HAVE AND TO HOLD the aforesaid property and all privileges and appurtenances thereto belonging to the Grantee hi fee simple. WITNESSETH, that the Grantor. for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, have remised and released and by these presents do remise, release and forever quitclaim unto the Grantee and his heirs and assigns all right, title, claim and interest of the said Grantors in and to those certain lots or parcels of land situated in, Shallotte Township, Brunswick County, North Carolina and more particularly described as follows: "SEE ATTACHED" The property hercinabove described was acquired by Grantor by instrument recorded in Book 4545, Page 1229 and Book 4545, Page 1246, Brunswick County Registry. am rru W"Kitlen, . Auast"OR L ThbbrAtacatlM'utbn thud 1I4 P tod M1m1 of rl 1WW the thud (Asap Tim Cot. f 0- III unswickl�llllJ. lll l�ll00jet., f need„05... 3 ° 9Mum JILE 'f � TS'Pe 3 rated 12 .—Bev77 2kS CkB�=Ceeb S tehmd Cash $-----Flnm¢e j Ponlons of document are RegUe due to condition of original. '7uacumant contains Beak vadflpd by original instrument that cannot be reproduced or copied. This instrument prepared by: David L. Wortman, a licensed North Carolina attorney. Delinquent taxes, if any, to be paid by the closing attorney to the Brunswick County Tax Collector upon disbursement of closing proceeds. No title opinion or closing services tendered by prepater. NORTH CAROLINA QUITCLAIM DEED Excise Tax:... Parcel Identifier No. 256GCO22 Verified by County on the_ day of .20_ By: TITLE Mall/Bo%to: The Wortman Law Rd., Suite I, Shallotte, NC 29470 This instrument was prepared by, The Wortman Law Firm PLLC. 624 Village Rd.. Suite 1. Shallone NC 28470 Brief description for the Index: TR- I & 2.82AC TWIN LAKES PL 59l95 NC 179 0.820AC THIS DEED made this____ day of, 20. by and between GRANTOR GRANTEE STEVEN FAHLE and wife, STEVEN RAY FAHLE and CATHY CATHY FAHLE ALLEN FAHLE, co -trustees of the I88 Windsor Court STEVEN AND CATHY FAHLE TRUST Hampstead, NC 28443 dated December 3l, 2012 218 Shoreline Drive East Sunset Beach, NC 28468 Enter in appropriate block for each party: name, address, and, if appropriate, character of cnlity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. TO HAVE AND TO HOLD the aforesaid property and all privileges and appurtenances thereto belonging to the Grantee in fee simple WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, have remised and released and by these presents do remise, release and forever quitclaim unto the Grantee and his heirs and assigns all right, title, claim and interest of the said Grantors in and to those certain lots or parcels of land situated in, Shallotte Township, Brunswick County, North Carolina and more particularly described as follows: "SEE ATTACHED" The properly hereinabove described was acquired by Grantor by instrument recorded in Book 4545, Page 1228 and Book 4545, Page 1246, Brunswick County Registry. Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 12/20/2022 Cathy Fahle Steven Fahle BB&T 961 $100.00 major renewal fee #75-19 BrCo BB rct. 17922