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HomeMy WebLinkAbout89666A - Kitehouse LLC & MPW Holdings LLCoun,at, ((]CAMA ❑DREDGE & FILL N9 89666 CPerit B C D Ag%GENERAL PERMIT Dalous previiouspermitissued_ L Ztir tZP ❑New []Modification [.,Complete Reissue []Partial Reissue As authorized by the /Staaje of North Carolina, Department of Environmental Quality and the Coastal Resources Commission man area of environmental concern pursuant to: ISA NCAC _Z 9.--!.. i L 's S _.---.--.-- ❑ Rules attached. <'_f4General Permit Rules available at the following link: wwwdeq m: g /CAMAr 1 z Uf—Authorized Agent _I a Project Location (County): off Street Address/State Road/Lot #(s) ,[o��.LL3 Phone#(5") 1 % 3C- Email_ yin Q w5f')cta_ Vaj04plpN'/"i Go,vL Subdivision L"0.6cj,_ oV�N W 0.J^J City %,/V0 _ /zip Affected M.GW [))+W [OgRTA [g,65 ❑PTS Adj. Wtr-Body_ /0�rt �)Go) maw,.. Cf rnatt)unk) AEC(s): ❑OEA ❑IHA ❑UW ❑SPIMA ❑PINS Closest Maj. Wtr. ORW: yes to PNA: ye no Type of Project/ Activity Shoreline Length t S5!/8' Access Length 2-0 g'e- (n Pier (dock) length _� fined Plaifofm(s) Floating Platform(s) ---- .._.-.-.-.__—_.__— {� Finger piers)—/5' >G A Total Platform area y Groin length/H Bulkhead/Riprap length D e b Avg distance offshore _ Breakwater/Sill Max distance/ length Basin, channel Cubicyards "' r Boat ramp Boathouse/Boatlift _- Beach Bulldozing Z Vz �gA SAV observed: yes Moratorium: Qa yes no Site Photos: <e5-�' no Riparian Waiver Attached: yes tno A building permit/zoning permit may be required by: Permit Conditions V'3 90 k G-S {Scale: Tt !r O.Efu 1 1 A - ✓. ,.� �/ °� �TAWPAM/NEUSE/BUFFER(circle one) See note on back regarding River Basin rules ----------- — See additional notes/conditions on back _____...... I AM AWARE OF STATUTES, CRC RULES AND CONDITIONS THAT APPLY TO THIS PROJECT AND REVIEWED COMPLIANCE STATEMENT. (Please Initial) K_ DAD Doug Dorman ._ �ka e t Agent or Applicant PRINTED Name Permit Officer i PRINTED Name C. pC T>e Tie a ',^ Signature * ease read compliance statement on back of permit** 5 fture Application Feels) Check R/Money Order Issu ng Date Egpirabon Date ShJ i,i t 0 )i,IIf G, Ui i"M)(>r of l iV r ; 4ta,r I,I Nct ih ('amlin< and the I) f ,, - 'ilPI)ri -i, .: d. d b hof, , I o tif`y hat tIIi: ftr01 �. ,;� hi th t r3POlinki I`v+ a Plogtan- River Basin Rule, Applicable To Your Project; i f"ar "< rplir , Wver [)a,, n Iiiiffe, Runs if indicitrid on front of tlermit, your Protect is subject to the Environmental Management Comrriissioi,' alas for the River Sarin ch=�cked above dut: to its location vaithin that River Basin. l hese bttffff rules are enki= (r d L)y the NC Division of Water (2esources. If you have any questions, please contactthe Division of Water Resources at the Washington Regional Office (232-946.6481) or the Wilmington Regional Office (910-796-7215). Notes/Additional Permit Conditions: Please ensure all debris associated with the removal or construction of the permitted development is contained within the authorized project area and disposed of in an appropriate upland location. Division of Coastal Management offices Morehead City Headquarters Washington District 400 Commerce Ave Morehead City, NC 28557 943 Washington Square Mail Washington, NC 27889 252-808-2808/ t-888-4RCOASI"Fax: 252-247-3330 252-946-6481 (Serves: Carteret, Craven -- south of the Neuse River, Onslow Fax: 252-948-0478 Counties) (Serves: Beaufort, Craven — north of the Neese River, Hyde, Pamlico, Tyrrell and Washington Counties) Elizabeth City District 401 S. Griffin St. Ste. 300 Elizabeth City, NC 27909 252-264-3901 (Serves: Berge, Camden, Chowan, Currituck, Dare, Gates, Hertford, Pasquotank and Perquimans Counties) Wilmington District 127 Cardinal Drive Ext, Wilmington, NC 28405-3845 910-796.7215 fax: 910-395-3964 (Serves: Brunswick, New Hanover and Pender Counties) http://florta !1cdenr.org/webLcmJ m-home nrvis<a6101/2021 #F]New NCAMA ❑ DREDGE& FILL N9 H9666 B C D Preous permit GENERAL PERMIT Dtepre iospermitissued /I Zh. Zz— []Modification [Complete Reissue ❑ Partial Reissue As authorized by the Staa;e of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to: % I SA NCAC / /'r Y ( L `s J ❑ Rules attached. General Permit Rules available at the following link: www deq nc.gov/CAMArules Applicant/x Name Y e J. U �& � L L r + / Address P O Bo11'15 ,L,� 9 /e�(6 6 City �j-(�[�2qa��r.S ljo(-b State Phone#(JJ v) ys/— % 3 o.T Email 54VAP—A Q t.,S-f'% iA a.✓�oR At4+COdt, (.iC Authorized Agent p Project Location (County): Olc—r� ap Street Address/State Road/Lot #(s) o^�S 3 71- 2rw 3 b r 2_f/ZP�2,(/Z� oc-I..Ias Subdivision o) O ✓« City n jf V 0 ZIP Affected [GW [nEW ®.PTA ®hS ❑PTS Adj. Wtr. Body Pam1)Ce) .$�w,� I (na man/unk) AEC(s): ❑ OEA ❑ IHA ❑ UW ❑ SPIMA ❑ PWS Closest Maj. Wtr. Body � O. J ) c t� --Sm v ej tl. ORW: yes, w PNA: ye no Type of Project/ Activity Shoreline Length 'r 5 18 r Access Length 10 %/ ,[.. (n i Pier (dock) length;�i b G Fixed !�dPlatf fm(s) ![ ', — Floating Platform(s) = Finger pier(s) IS e—' ? Total Platform area %' `%S Groin length/q — a1Y Bulkhead/Riprap length Avg distance offshore fi Breakwater/Sill _ Max distance/length Basin, channel Boat ramp Boathouse/ Boatlift Beach Bulldozing — Other rfit S SAY observed: yes Moratorium: Qa yes no Site Photos: Lpefj no Riparian Waiver Attached: yes no A building permit/zoning permit may be required by: t/l.i /rJ4» I/f Y.dA✓r3 7—k _ A C A ` Permit Conditions v 3s !Lr� LL (Scale: �- j ❑ TAR/PAM/NEUSE/BUFFER (circle one) .�� ❑ See note on back regarding River Basin rules ❑ See additional notes/conditions on back I AM AWARE OF STATUTES, CRC RULES AND CONDITIONS THAT APPLY TO THIS PROJECT AND REVIEWED COMPLIANCE STATEMENT. (Please Initial) K yV 'a n n +� �r Yr _ ,V/�Agent or Applicant PRINTED Name P reP re mit Officer's PRINTED Name Signature "Please read compliance statement on back of permit"' Sture �L9Z) SJI AZ 6-%-3 Application Feels) Check tf/Money Order Issu ng Date Expiration Date Statement of Compliance and Consistency This permit is subject to compliance with this application and permit conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that: 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement from the adjacent riparian property owner(s) has been obtained, or proof of delivery of certified mail notification of the adjacent riparian property owner(s). The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: 1-1 Tar- Pamlico River Basin Buffer Rules Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Resources. If you have any questions, please contact the Division of Water Resources at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215). Notes/Additional Permit Conditions: Please ensure all debris associated with the removal or construction of the permitted development is contained within the authorized project area and disposed of in an appropriate upland location. Division of Coastal Management Offices Morehead City Headquarters 400 Commerce Ave Morehead City, NC 28557 252-808-2808/ 1-888-4RCOAST Fax: 252-247-3330 (Serves: Carteret, Craven — south of the Neuse River, Onslow Counties) Elizabeth City District 401 S. Griffin St. Ste. 300 Elizabeth City, NC 27909 252-264-3901 (Serves: Bertie, Camden, Chowan, Currituck, Dare, Gates, Hertford, Pasquotank and Perquimans Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Craven — north of the Neuse River, Hyde, Pamlico, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-796-7215 Fax:910-395-3964 (Serves: Brunswick, New Hanover and Pender Counties) http://portal.ncdenr.org/web/cm/dcm-home Revised 6/01/2021 Carver, Yvonne From: Doug Dorman <dougdaec@gmail.com> Sent: Thursday, April 20, 2023 2:53 PM To: Carver, Yvonne Subject: [External] Re: Reissue GP89666 for Kitehouse/MPW Holdings shared docking facility Attachments: Austin-KITEHOUSE-MPW HOLDINGS REISSUE GP.pdf CAUTION: External email. Do not click links or open attachments unless verified, Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Thanks Yvonne, Here is the signed copy. Doug Dorman Atlantic Environmental Consultants, LLC PO Box 3266 Kitty Hawk, NC 27949 252-261-7707 office 252-599-2603 cell On Thu, 20 Apr 2023 at 09:15, Carver, Yvonne <yvonne.carver@ncdenr.Rov> wrote: Good morning Doug, A copy of General Permit #89666 is attached authorizing the reissuance for the shared docking facility for properties owned by Kitehouse, LLC & MPW Holdings, LLC, on Otter Way in the Wind Over Waves subdivision. In order to validate this permit, please address the following: • sign the permit on the bottom left hand corner below your printed name, • initial where indicated on the bottom right of the permit, • scan and send a signed copy back to our office. No work can be initiated until after we receive the signed copy. If you have any questions regarding this correspondence, please don't hesitate to contact me. Yvonne B. Carver Environmental Specialist II 1 Division of Coastal Management NC Department of Environmental Quality 252-264-3901, ext. 237 yvonne.carver(d)ncdenr.gov 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 M E� D'apaNmrn[ of Envlrpnmgnlal Oua�ilp Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ❑CAMA ❑ DREDGE & FILL N9 89666 A B C D "PAW Previous permit ,.41 % " 3 GENERAL PERMIT Date previous permit issued II "? ❑New ❑Modification 5,Complete Reissue ❑Partial Reissue As authorized by the State of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to: I SA NCAC ❑ Rules attached. ' General Permit Rules available at the following link: wwwdeq.ncgov/CAMArules Applicant Name t ',U Authorized Agent (i,� .� •!.1 ^ r,r� n Address f' + e ' it 'i'I '� n 5or �^ Q' o . c Project Location (County): City State ZIP �/°v' Street Address/State Road/Lot#(s) / -' ,fir `1 -'! Phone#(—) i Email "i : - /. fO"t Subdivision C n, ( C; �• ° 0�1 ,n .. � City ` f v :'> ZIP Affected ❑ CW ❑ E W ❑PTA ❑ ES� 1(nat/man/unk) AEC(s): ❑OEA ❑IHA ❑UW SPIMA ❑PWS Closest Mal. Wtr. Body-S ORW: yes/ho � PNA: yes/no Type of Project/ Activity 4' ) A c_ k" 0,1 A Y 1..' � r,_/ nJ � r (Scale: A/ .i ) "Access LengthTier (dock) length ■E■�■■ ..■■�.� a �u<., f �W■aFixed �QI■ �:: .. Floating Platform(s) Finger pier(s) Total Platform area Groin length/# Bulkhead/ Rpralp length Avg distance offshore fp- 4i'_'4 ME N ■ Other SAV observed: es no■ ■■.. ■:� �■ ■■:d�... ■■■�.N Moratorium: n/a yes no Site Photos: yes no ■■�■■■■ :�.■■■.■..■■■E No A building permit/zoning permit may be required by: �- Permit Conditions ❑ TAR/PAM/NEUSE/BUFFER (circle one) ❑ See note on back regarding River Basin rules ❑ See additional notes/conditions on back I AM AWARE OF STATUTES, CRC RULES AND CONDITIONS THAT APPLY TO THIS PROJECT AND REVIEWED COMPLIANCE STATEMENT. (Please Initial)_ Agent or Applicant PRINTED Name Permit Officer's PRINTED Name Signature **Please read compliance statement on back of permit** Application Fee(s) Check q/Money Order Signature Issuing Date Expiration Date Statement of Compliance and Consistency This permit is subject to compliance with this application and permit conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that: 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement from the adjacent riparian property owner(s) has been obtained, or proof of delivery of certified mail notification of the adjacent riparian property owner(s). The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: 1-1 Tar - Pamlico River Basin Buffer Rules Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Resources. If you have any questions, please contact the Division of Water Resources at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215). Notes/Additional Permit Conditions: Please ensure all debris associated with the removal or construction of the permitted development is contained within the authorized project area and disposed of in an appropriate upland location. Division of Coastal Manaeement Offices Morehead City Headquarters 400 Commerce Ave Morehead City, NC 28557 252-808-2808/1.888-4RCOASTFax: 252-247-3330 (Serves: Carteret, Craven — south of the Neuse River, Onslow Counties) Elizabeth City District 401 S. Griffin St. Ste. 300 Elizabeth City, NC 27909 252-264-3901 (Serves: Bertie, Camden, Chowan, Currituck, Dare, Gates, Hertford, Pasquotank and Perquimans Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Craven — north of the Neuse River, Hyde, Pamlico, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-796-7215 Fax:910-395-3964 (Serves: Brunswick, New Hanover and Fender Counties) http://portal.ncdenr.org/web/cm/dcm-home Revised 6/01/2021 °t"" GAMA ❑DREDGE & FILL N9 86930 0A B C D GENERAL PERMIT Previous permit -3�f ;t Date previous permit issued z� ❑New ❑Modification Complete Reissue ❑Partial Reissue As authorized by the State of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to: K i SA NCAC 7 , / Z� 1� .._ __ Rules attached. �` enerai Permit Rules available at the following link: www deq nceov/CAMAvulm '❑ Applicant Name ��PtxL Se LCl pit 140 AitS 41-t-- Authorized Agent rl+t Address 8 C5 122 S /21 JV.4 M..c:bnS ' ll, 12�. ProjxtLocation(County): /x Ciry___State ')iStreetAessSateRadLot#() %'-(oosf Phone#L9-3 a,5 oZia / �- F_( ^F' 'l., fo I z, (o O ++k C LS wy •—_ —ll ia.A .Email 5aA 4tt.nS:hn J`V-Jq IT . cen-- 4 ��¢i- "o.S I Subdivision 0 Je- City tJo ZIP Affected �CW REW QPTA ®ES ❑PTS Adl.Wtr. Body P'0-k .A i C.o �O'..tr�-+� f( na[Tmardunk) AEC(,): ❑OEA ❑IHA ❑UW SPIMA ❑PWS Closest Mal. Wtr. Body__!_ -li /i Go ORW: yes no PNA: ye no' Type of Project/Activity �6-04ED �1CeCILJACKtkY I�cfCf af� �ft�)� A W r'f /f 2 SG/�S (Scale: A/M ) u�r Shoreline Length -I W / � 6 Access Length ---J 0!q (z t,�,t1♦ f L C� Pier (dock) length S b! K Fixed Platform(,) Floating Platform(s) Fingerpier(s) Total Platform area. Groin length/g_ Bulkhead/ Riprap length Avg distance offshore - �s b Breakwater/Sill Max distance/ length Basin, channel Cubic yards Boat ramo Boathouse/Boatlift W Reach Bulldozing Other �r a 0. SAV observed: yes Cno Moratorium: n/a ��yesno Site Photos: <0 nng, Riparian Waiver Attached: yes 69/ A building permit/zoning permit may be requl Permit Conditions A A 4__ rt,. t lc. k-1 � 1�1- 1�1k< 4 t. e)(. �O cAe A r17 rz<j_ � tAo. Q Imo_ -- � � f TAR/PAWNEUSE/BUFFER (circle one) See note on back regarding River Basin rules -'-�-�+ See additional notes/conditions on back I AM AWARE OF STATUTES, CRC RULES AND CONDITIONS THAT APPLY TO THIS PROJECT AND REVIEWED COMPLIANCE STATEMENT. P(Please InitialJ /11 2 _ Agent o pplicant PRINTED Name r Signature "Jeas�erd�ompllance statement on back of permit-* Application Feels) Check g/Money Order `v.�n^e- (2-o(­-) (— Permit Officer's PRINTED Name afore Issuing Date Expiration Date '1. _ r r _ 14 �G l r r' r Lr, '1d4j CAMA ❑ DREDGE & FILL N9 86380 G B C D Previous Perm t ENERAL PERMIT Date previous permit issued M17}Flew ❑Modification ❑Complete Reissue ❑Partial Reissue As audrorhad bryf he /of North Carolina. Department of Environmental (oak and the Coastal Resources Commission in an area of emiromnental concern pursuant to: ISA NCAC— r Ll'�� ❑Rules attached. k§f--,i Permit Rules available at the fol"ng fink:w dau.mcov/UJ-lArules A- Authorized Arm ' lea.. Y /rt Fa, Projec[l.ondan(Coumy): a� Street Addrets/state P=o t,9(s) L--j s 3 7 r Q- 35. r Phone s r336) YS I ^ 73 oS Email /t fm I tAAt Subdivision W7Ad Det-a-r W0zV`2-S Gry SalV,b ZIP 2-7r/77--- Affected MJCW ®EW ®PTA ®,ES ❑PTS Adj.Wtr:Body P0,1 1C c, S,- r-Atl. A tro an/unk) AEC(s): ❑OEA ❑IHA ❑UW ❑SPIMA ❑PINS Closest Mai. Wtr. Body t c.41 /i 4-1 S o-y/I Z ORW: ye no PNA: ye,8 7yp�etof Projett/ Activity :'�'bQED PI EA I (A Ar-r�<0A-i / T o SKI n) Fs fA S4 t-/ TY 14 1 V-P �C .< L A I I" S r (scale: AMT ) Shoreline Length t Sl N $ Access Length at,7 Ce Pier(dock)length -5� r X (p t Flu ViaMorp(s)'r-4 c4^ UIL YP t Floating Platform(s) Finger piers) / ;f 3C. Total Platform area * YS Groin length/g Bulkhead/ Riprap length Avgdhtanceoftore Breakarater/sill If � I �OR, f n� Max distance/ length L' F Basin,channel — \ ` • ,�{rw, Cublcyards �. v Boat ramp %! >� Boathouse/ BoatI t Beach Bulldozing I o Other, J`7C. r•` jl.so.�� rn�?t SAV observed: s no v- Moratorium: n/a s no C, Site Photos: n �% Riparian Waiver Attached: yes no A building permit/zoning permit maybeC required by: �c�-(�� � PermitConditions Ary-54-rN(AIzs5 eVe C tl) 4 MAN, Iw1 �T l0.hl S �a.1�5 T r�Ir.'��'t•_ __-_. ____ __ C ❑ TAR/PAMINEUSEiBUFFER(circhs.) ❑ See note on bad regarding River Basin rules ❑ See additional notes/conditions on bad I AM AWARE OF STATUTES, CRC RULES AND CONDITIONS THAT APPLY TO THIS PROIECTAND RENEWED COMPLIANCE STATEMENT. (Please Initial)/^42_ P� f�fn+ Agent or Applicant PAINTED Name of— .G� S re••PI se read oompilance statement on back of permit" �2ao is o9 Application Feels) Check P/Money Order SI ore (e Issuing Date Expiration Date . _ t . `i�{, SriA'10'F�. �i..:Z •4' _ - j� icy,, �} y���yp ' 1 � rf.i�%�� •_atY¢ `sA vnl�... -iiLi' ! e . it . [t.�&•"6'. _7Y _ :sf( wfi• '1♦: �=:illf-15J.Y1 ifi'.3�fi1-3! = - v'S'`'J-''�f , . :�.n1 [H yju y..{�, �, .�: /.��,yny:aV :zam Skala .�, �, Y' Yd :•Ic, i. c'(dl n: yl ' ,v: n10T,. i4,' i J,F�'II.0 ir. ,i,$, •.n. yL �..,,nV{iJilt E.n �'',-:'pj� .y .�•1..�: n�S.FerlL.4JW�.: � is a�r'j"'� 1 ' -� _ F{��j � fir, �•' �L-i-i ^'•��' _ At 5to—',�gg i .. �.: i' .ti :}^. .'u 9R !?iMd'r'i4'••,•x �- `7"C.. SY,�,4g,4s '. 7'. `-!3a. ' ' .YG!.7g '-.Vi .Y 'i's4 ': J-_�, 'tee° }._�, .�}.1 !` <�`. :•�6.. � :�-�}-!�lti :d.' r \ di_ �' _ •_ - :.. s.':'t.l_ _ .b7?� _:� L• �. h,i'i, 1_.. .9 iAr. i 1T3; 7• 'i:i t� 4'I �i'_� � M .M r•• 5T i'as::+:. 7 � � r-1 iJ 1 •- i^ry� � I �f '� 4 .. `^ h,,4 r r - �L; a41!: i s s A' n• .e,y:±5, • .n, - 1I1: ,. •' .1i r,�h'�ra, 3- ?r%k , G _, AL AIL AL AIL iL AL RESIDUAL OPEN SPACE PHASE 11 wMD OVER WAVES LLC AL D,B. 144Z FG, 333 P.C. 91 SL 721 PID.012B21998 Ak AL AL DVMG FALffAy MIF LOT 30 JOHN & FIOM GAIW&FR AL 1, ----VC- —GARB IL f jaL AL AL mm -.-ROD�UL, QP$&r 4MAQE, -PHASE-L- AL AIL 1L IL lq� M AL PROVER WETLAND A WAY O PRSIW;� WALKWAY PL VNDS LOT 37H EjTEROUS, Uc to I f . PC- A —St 23P �elD 01"0 1999, 2 PROPOS S ps I IER AL Rq-P�SE ff.—P q�fA AL PR060X E50 6 ftR LL "u n7" LM, LOT 36R J&W HOLDINus, ILC iI so, xm BUYM &M 76 AEC LNE NIP I LOT 35 AUBM & A7UY �MNA" gl r g A' s: i 9 l LAND TRANSFER NUMBER: 1% LAND TRANSFER FEE: $0.00 EXCISE TAX: $0.00 PARCEL NO. REAL ESTATE TAXES PAID: .CEIV MAY 2 - 2022 DC-. Prepared by and return to: E. Crouse Gray, Jr., a licensed North Carolina Attorney. GRAY & LLOYD, L.L.P. 3120 North Croatan Hwy., Ste. 101 Kill Devil Hills, NC 27948 www.grayandiloyd.com My File No. 14481-001 NORTH CAROLINA, DARE COUNTY CROSS EASEMENT AGREEMENT THIS CROSS EASEMENT AGREEMENT, made and entered this the fq day of 3Ef o Erl— , 2020, by and between KITEHOUSE, LLC, a North Carolina limited liability company, hereinafter referred to as "Kitehouse" and MPW HOLDINGS, LLC, a North Carolina limited liability company, hereinafter referred to as "MPW". RECITALS: A. Kitehouse is or will be the owner of that certain real property designated and being Lot 37R, as shown on map or plat entitled in part "Recombination Survey, Lot 36R and Lot 37R, Wind Over Waves, Phase 1 & Phase 2, Waves, Dare County. North Carolina" by J.H. Miller, Jr. Land Surveying, as recorded in Plat Cabinet __. Slide Dare County Public Registry. B. MPW is or will be the owner of that certain real property designated and being Lot 36R, as shown on map or plat entitled in part "Recombination Survey, Lot 36R and Lot 37R, Wind Over Waves, Phase 1 & Phase 2, Waves, Dare County, North Carolina" by J.H. Miller, Jr. Land Surveying, as recorded in Plat Cabinet Slide Dare County Public Registry. C. Kitehouse and MPW are desirous of granting to each other certain rights of use in and to a proposed pier and walk easement as shown on the afore -referenced map or plat. NOW, THEREFORE, Kitehouse and MPW hereby grants to each other the right to construct, repair, walk and pedestrian use of that certain pier and walk easement, said proposed pier and walk easement being more particularly described on Exhibit "A — Walkway" which is attached hereto and incorporated herein by reference as if set out word for word, hereinafter the "Easement". 1. The Easement shall be for pedestrian ingress, egress, access, a Joint walkway and pier, including the right to dock or moor watercraft and for storage of watercraft. 2. The Easement both benefits and burdens the above -described properties and shall run with and be appurtenant to such properties. 3. Whenever it appears to any of the parcel owners to which this joint walkway and pier is an appurtenance that repairs or maintenance to the walkway and pier is required, they shall notify the other adjoining lot owner of the need for repairs or maintenance or capital improvements by written notice. Upon the written agreement of the other parcel owner, then the repairs, maintenance or capital improvements shall occur. Each party shall be responsible for one-half (%) of the cost of any maintenance, repair or capital improvement. 4. If a parcel owner fails to pay his or her respective share of cost actually incurred for approved maintenance, repair or capital improvements to the Easement within twenty (20) days after receipt of a statement, the amount of the statement, together with interest at eight percent (8%) per annum from the date the costs were incurred, plus any attorneys' fees necessary to collection, then the non -defaulting parcel owner may file a notice of lien against the defaulting parcel owner. in addition, each parcel owners obligation to pay his or her share of the costs will be an enforceable personal obligation. Upon filing of any notice of a claim of lien against the defaulting parcel owner, the non -defaulting parcel owner may pursue a judicial action to foreclose on the lien pursuant to the provisions of North Carolina law. Proceeds received from such a sale shall be distributed first to pay the lien being foreclosed upon, plus all costs and expenses, interest and attorneys' fees, and any surplus shall be distributed in accordance with the priorities established by applicable law. 3 S. The parcel owners shall work together to coordinate any repair and maintenance gottivities to minimize interference with the parcels that are benefitted by the Easement. 6. if the parties cannot agree as to whether in fact any repair, maintenance or capital irriprovement is to occur, then either party shall have the right to require that the matter; I rs=vluding any dispute arising under the terms of this Agreement be subject to mandatory binding ar-bitration pursuant to N,C.G.S. §1.569.1 et seq. 7 In addition to the Easement, Kitehouse hereby grants to MPW the right of pedestrian use, including the right to launch and land KITES for the purposes of kitesurfing and related activities and the launching and landing of watercraft, of that portion of Lot 37R as set earth on Exhibit °8-37-Wetiand Area". Kitehouse covenants and agrees for the benefit or MPW r1ot to erect any structure In the property set forth on Exhibit "8-37-Wetland Area" which would i nhibit free and unencumbered use of those areas for activities described in this section, other than the walkway and pier described on Exhibit "A- Walkway". 8. In addition to the Easement, MPW hereby grants to Kitehouse the right of pedestrian use, including the right to launch and land KITES for the purposes of kitesurfing and related activities and the launching and landing of watercraft, of that portion of lot 36R as set forth on Exhibit "C-36-Wetland Area". MPW covenants and agrees for the benefit or MPW not to erect any structure in the property set forth on Exhibit "C-36-Wetiand Area" which would inhibit free and unencumbered use of those areas for activities described in this section, other than the walkway and pier described on Exhibit "A- Walkway'. 9. The easement rights granted herein shall be binding upon and shall inure to the benefit of each parcel owner and their heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. 10. All changes, additions or deletions hereto must be in writing and signed by all parcel owners. 11. If a parcel is owned by more than one (1) person or entity, all of the owners of a parcel will collectively be referred to as the parcel owner and will be entitled to only one (1) consent, i.e. each parcel represents one (1) parcel owner for purposes of any consent or other requirement under this Agreement, 12. All notices shall be deemed given when hand delivered or sent, to the address specified an the Dare County Tax Records by overnight courier service. 3 IN TESTIMONY WHEREOF, the this Cross Easement Agreement has been executed the day and year first above written. (siGNAiURE PAGES TO FOLLOW) Kitehousg, tlC .., By: ` V'4_C (SEAL) Stephen C. Austin, Manager STATE OF CITY/COUNTY (�(OFF��� i,.JSfU A-,..1,441 , a Notary Public, hereby certify that STEPHEN C. AUSTIN personally came before me this day and acknowledged the execution of the foregoing instrument, all in his capacity as a manager in, and in the name and for and on behalf of KITEHOUSE, LLC, a limited liability company organized under the laws of the State of North Carolina. Witness my hand and official seal this the 4/11 day of ��_, 2020. %%0111111 p� `y©Yy`; NotaryPu lic /t . - e�� AL STAMP) y My Commission Expires: , t7(f� I %3 Registration Number: MI m STATE OF ff0 a CITY/COUNTYOF e VQ eY I,, �h t d - jb& fi Qlj a Notary Public, hereby certify that Mick le OA�rt apersonally came before me this day and acknowledged the execution of the foregoing instrument, all in his capacity as a manager In, and in the name and for and on behalf of MPW HOLDINGS, I.I.C. a limited liability company organized under the laws of the State of North Carolina. Witness my hand and official seal this the 7 day of AerfWl rV Y . 2020. Notary Public (SEA:L/STAMP) My Commission Expires: f>IR"Q " Cant Registration Number: AO 1(p(�? 3C� Exhibit "A" Walkway Beginning at an iron rebar or other monument, said iron rebar or other monument being located in and on the Northeast corner of Lot 36, Wind Over Waves Subdivision, as shown on map or plat recorded in Plat Cabinet E, Slide 721, Dare County Public Registry, said beginning point being located South 86' 55' 20" West 302.22 feet from an iron rebar or other monument, which such iron rebar or other monument is located in and on the Western edge of the 50ft. right-of-way of Otter Way as the same is intersected by the Southeast corner of Lot 36, Wind Over Waves Subdivision, as shown on map or plat recorded in Plat Cabinet F, Slide 112, Dare County Public Registry, said beginning point being NC. Grid/NADS 83 (N:675829.46 feet E:3049090.83 feet) from said beginning point turning and running North 02' 1S' 34" East 37.86 feet to a point; thence turning and running North 21' 00' 49" East 23,33 feet to a point; thence turning and running North 68' 59' it West 2.00feet to a point; thence turning and running North 21' 00' 49" East 12.00 feet to a point; thence turning and running South 68" 59' 11" East 12.00 feet to a point; thence turning and running South 21' 00' 49" West 12.00 feet to a point; thence turning and running North 68' ST 11" West 2.00 feet to a point; thence turning and running South 21' 00' 49" West 22.01 feet to a point; thence turning and running South 02' 15' 34" West 31.78 feet to a point; thence turning and running North 86' 55' 20" East 22.02 feet to a point; thence turning and running South 03' 04' 40' East 8.00 feet to a point; thence turning and running South 86' 55' 20' West 22.76 feet to a point; thence turning and running South 02' 15' 34" West 5.98 feet to a point; thence turning and running North 79' 26' 49" West 56.91 feet to a point; thence turning and running South 10' 33' 11" West 2.00 feet to a point; thence turning and running North 79' 26' 49" West 12.00 feet to a point; thence turning and running North 10' 33' 11" East 12.00 feet to a point; thence turning and running South 79' 26' 49" East 12.00 feet to a point; thence turning and running South 10' 33' 11" West 2.00 feet to a point; thence turning and running South 79' 26' 49" East 47.96 feet to a point, being the point and place of beginning. Reference is hereby made to that map or plat entitled in part "Recombination Survey, Lot 36R and Lot 37R, Wind Over Waves, Phase 1 & Phase 2, Waves, Dare County, North Carolina" by J.H. Miller, Jr. Land Surveying, as recorded in Plat Cabinet Slide Dare County Public Registry, reference to which is hereby made for a more complete and concise description of the lands being herein described. Exhibit "8" 37 - Wetfand Area Beginning at an iron rebar or other monument, said iron rebar or other monument being located in and on the Northeast corner of Lot 37, Wind Over Waves Subdivision, as shown on map or plat recorded in Plat Cabinet E, Slide 721, Dare County Public Registry, said beginning point being located South 86' 55' 20" West 302.22 feet from an iron rebar or other monument, which such iron rebar or other monument Is located in and on the Western edge of the 54ft. right-of-way of Otter Way as the same is intersected by the Southeast corner of Lot 36, Wind Over Waves Subdivision, as shown on map or plat recorded in Plat Cabinet F, Slide 112, Dare County Public Registry, said beginning point being NC Grid/NAGS 83 (N:675829.46 feet E:3049090.83 feet) from said beginning point turning and running along the Western property line of Lot 37, Wind Over Waves Subdivision South 1T 14' 10" West 86.37 feet to an iron rebar or other monument; thence turning and running North 66' 36' 29" West 28.57 feet to an iron rebar or other monument; thence turning and running North 88' 54' 10" West 97.24 feet to an iron rebar or other monument; thence turning and running North 00' 35' 21" East 10.00 feet to an iron rebar or other monument; thence turning and running North 89' 08' 01" West 324.01 feet to a point; thence turning and running North 41' 23' 2W East 159.61 feet to a point; thence turning and running South 66' 36' 29" East 38.57 feet to a point; thence turning and running South 81' 25' 4W East 335.73 feet to an iron rebar, being the point and place of beginning. Reference is hereby made to that map or plat entitled in part `Recombination Survey, Lot 36R and Lot 37R, Wind Over Waves, Phase 1 & Phase 2, Waves, Dare County, North Carolina" by J.H. Miller, Jr. Land Surveying, as recorded in Plat Cabinet Slide Dare County Public Registry, reference to which is hereby made for a more complete and concise description of the lands being herein described. 8 Exhibit "C" 36 - Wetland Area Beginning at an iron rebar or other monument, said iron rebar or other monument being located in and on the Northeast comer of Lot 36, Wind Over Waves Subdivision, as shown on map or plat recorded in Plat Cabinet E, Slide 721, bare County Public Registry, said beginning point being located South 86' 55' 20` West 302.22 feet from an iron rebar or other monument, which such iron rebar or other monument is located In and on the Western edge of the 50ft. right-of-way of Otter Way as the same is intersected by the Southeast corner of Lot 36, Wind Over Waves Subdivision, as shown on map or plat recorded in Plat Cabinet F, Slide 112, Dare County Public Registry, said beginning point being NC GridJNADS 83 (N:675829.46 feet E:3049090.83 feet) from said beginning point turning and running North 17' 14' 10" East 45.93 feet to a point; thence turning and running North 06' 57' 40" East 41.56 feet to a point; thence turning and running North 77' 09' 03" West 354.29 feet to a point; thence turning and running South 22' 23' 20" West Io6.59 feet to a point; thence turning and running South 66' 36' 29" East 38.57 feet to a point; thence turning and running South 81' 25' 40" East 335.73 feet to an iron rebar or other monument, being the point and place of beginning. Reference is hereby made to that map or plat entitled in part "Recombination Survey, Lot 36R and Lot 37R, Wind Over Waves, Phase 1 & Phase 2, Waves, Dare County, North Carolina' by J.H. Miller, Jr. Land Surveying, as recorded in Plat Cabinet , Slide I Dare County Public Registry, reference to which is hereby made for a more complete and concise description of the lands being herein described. N:%0RD\c}ient,\K\Kiteh0use, LLC\1448110D1 ai UI wow: S) Cauc"na octantrmt, Uc\C'm, Emmert Agr@emen, 6— AUTHORIZATION TO ACT AS REPRESENTATIVE FORM Property Legal Description: DEED BOOK: 2473 PAGE NO: 951 PARCEL ID: 064712952826 & 064712952850 STREET ADRESS: 26126 & 26128Otter Way Salvo NC 27972. Please Print: Property Owner: Stephen Austin —MPW Holdings LLC Property Owner: Kitehouse, LLC The undersigned property owners of the above noted property, so hereby authorize Doug Dorman of Atlantic Environmental Consultants LLC to, (Contractor/Agent) (Name of consulting firm) 1. Act on my behalf and take all actions necessary for the processing, issuance and acceptance of permits and/or certifications and any all standard and special conditions attached. 2. Enter the property to obtain site information including inspections with regulatory agencies (Dare County, North Carolina Department of Environmental Quality, U.S. Army Corps of Engineers, etc.) for the purpose of obtaining permits and/or certifications. Property Owners Address (if different than property above): 2918 A Martinsville Road Greensboro NC 27408 Property Owners Telephone Number: 336-451-7305 We hereby certify that the above information submitted in this application is true and accurate to the best of our qwledge. Authorized Signature and Title uthorized Signature and Title Date: <S Date: ■ Complete Items 1. 2. and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach the card to the back of the mallpiece, won Ore front If space permits A. slenetiim ❑ AOerd X ❑ Addresses & ReroAed by P"'I AWM) C. Date of Ddmxy D. Is d &wyaddraea W&entfrom @ern 1? ❑ Yes - 'a >C� 1 �R > CO C V - MAY 1 5 2022 t. Artlola Addressed to: /67^^1419U—=�e_ IfYES, miter delivery address below. ❑No M III�III�II��II'llllll �I IIIIIIIIIII IIIII�IIIIII aService Type °P,waWWMatN o anr�eaBdDenay 9590 9402 6361 0296 867811 oaearre,damrmd man twauu eeavey ❑ alp�at"Cown� n 2-Adida__. P Gallop w Da6wry ❑SpmluaCOMrmmbn t]OoBa wDQWwyRftWaeaDdwy PRsMcWd D@Mry 7020 3160 0001 2522 9664 == tieabhted Deem PS Forth 3811, Juy 2020 PSN'I&M.02-000MM pa„wd0 pelum p ig , A ' Complete ttem�1,°2, � ^ A. ✓ } PdrOfyour nam�'gnd address on the reverse .: -. - X ?�,� 9'a+ent so that we can return the card to you. ❑ addressee B. byfrim 6dedti ) C• ° Or Delivery ■ Attach this card to the back of the marlplece. or on the front if space permits. -4' 3 t1" ` d. 1. Article Addressed to: .. D. Is ddMy eddrM from Rom 1? ❑ Yes jb(,6J 4— F/lr)O'�- 4P-^X4--le— If YES, wtar delivery adfta below: ❑No p 7p.2o j� 'I�IIII'II'�I'IIIII�IIII�II�I�IIIIII�IIIIIII o=6111 Stua gdreP, k""wwDatwy °aeygawNd- ° tadtfesmaed 9590 9402 6361 0296 8678 04 �°Aarta�seMOO b Cm aetl Ma F105atcloa DeMery CI TM ❑Ccledw Delwy °slwi "cwfUwUon OCow-D*-yP-bLtw Ddyay Pesteredl)*Y y 2 ANda Nlanber f718rMevlrMfl senyae /BAelt __ _._. 7020 3160 0001 2519 1312 sass xedoea�y PS Form 3811, July 2020 PSN MV-02-00D-11M Domestic Return Rwai "- __>L 4- 3� tj a n ri n a 0S " USPS.come - USPS Tracking® Results https://tools.usps.com/go/TrackConfirmAction?tRef—fullpage&tLc=2... USPS Tracking® FAQs > Track Another Package + Tracking Number: 70203160000125229664 Remove X Your item was delivered to an individual at the address at 1:27 pm on April 20, 2022 in DARIEN, CT 06820. USPS Tracking Plus® Available \/ G Delivered, Left with Individual T April 20, 2022 at 1:27 pm m m 0- DARIEN, CT 06820 a Get Updates Text & Email Updates v n Tracking History April 20, 2022, 1:27 pm Delivered, Left with Individual DARIEN, CT 06820 Your item was delivered to an individual at the address at 1:27 pm on April 20, 2022 in DARIEN, CT 06820. April 17, 2022 Redelivery Scheduled DARIEN, CT 06820 April 15, 2022, 9:26 am I of 3 5/16/2022, 8:57 AM USPS.com® - USPS Tracking® Results https://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=2... USPS Tracking® FACls > Track Another Package + Tracking Number: 70203160000125191312 Remove X Your item was delivered to an individual at the address at 10:07 am on April 21, 2022 in BASKING RIDGE, NJ 07920. USPS Tracking Plus® Available v OV Delivered, Left with Individual -n April 21, 2022 at 10:07 am m m BASKING RIDGE, NJ 07920 CL m Get Updates v Text & Email Updates Tracking History April 21, 2022, 10:07 am Delivered, Left with Individual BASKING RIDGE, NJ 07920 Your item was delivered to an individual at the address at 10:07 am on April 21, 2022 in BASKING RIDGE, NJ 07920, April 21, 2022, 7:04 am Out for Delivery BASKING RIDGE, NJ 07920 April 21, 2022, 6:53 am u I of 3 5/16/2022, 8:57 AM Carver, Yvonne From: Carver, Yvonne Sent: Friday, June 10, 2022 9:18 AM To: Shannon Bracy Subject: Copy of Letter in Response to Kitehouse, LLC & MPW Holdings, LLC proposal in Wind Over Waves Attachments: 7H.1200 piers -docking facilities.pdf; KITEHOUSE - MPW HOLDINGS LLC GP86380 - RECEIPT.pdf; WOW LTR RE- KITEHOUSE - MPW HOLDINGS GP86380A-06092022.pdf Good morning Ms. Bracy, In response to the objection(s) received for the proposed pier/walkway/docking facility by Kitehouse & MPW Holdings, LLC, the attached letter has been composed and mailed to the attention of Tom Amatucci, along with a copy of the authorized permit and applicable rules. Your copies of that letter, permit and rules are attached for your reference. If you have any questions, please don't hesitate to contact our office. Respectfully, Ymnne Yvonne B. Carver Environmental Specialist II Division of Coastal Management NC Department of Environmental Quality 252-264-3901, ext. 237 Yvonne. carver(a.ncdenr.gov 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Wind Over Waves, LLC Wind Over Waves HOA ATTN: Tom Amatucci P.O. Box 473 Rodanthe, NC 27968 NORTH CAROLINA Environmental Quality June 9, 2022 Re: Objection to the Issuance of CAMA General Permit No. 86380A to Kitehouse, LLC and MPW Holdings, LLC for the development of a shared pier/walkway with platform and slips at 26128 & 26126 Otter Wave in Salvo, Dare County Dear Mr. Amatucci: This letter is in response to the objections by the Wind Over Waves Board, as adjacent riparian property owners, to a permit request from Kitehouse LLC and MPW Holdings, LLC, for the development of an accessway and docking facility at the aforementioned property in Salvo, Dare County. Yvonne Carver, of the Division of Coastal Management staff, was recently on site to evaluate the permit applicant's request. The permit applicants have requested a permit to construct a shared walkway over uplands and wetlands, and a shared pier leading to platforms, a finger pier, and 2 slips. Under the Coastal Area Management Act (CAMA), the Coastal Resources Commission (CRC) has established Rules for General Permits for this type of development that are found in 15A NCAC 07H .1200 (copy enclosed). You have notified the Division of Coastal Management of your objections to this proposed development via an email dated June 2, 2022. Your objections to this proposed development related to subdivision covenants. The Division has reviewed your objections, along with all aspects of this development proposal for consistency with the aforementioned Rules, which describe the CRCs standards and guidelines for this type of development. Our review of the proposed development has found it to be consistent with these Rules. �q North Carolina Department of Environmental Quality I Division of Coastal Management D_E ) Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City. North Carolina 27909 �au.m...n+mn.� /'� 6� 252.264.3901 Wind Over Waves, LLC Wind Over Waves HOA June 9, 2022 Page 2 After having given careful consideration to your objections to this proposed development, we have determined that it is consistent with the Rules of the CRC and the State's Coastal Management Program, and that all pre -requisites have been satisfied. Therefore, the Division of Coastal Management issued General Permit No. 86380A on June 9, 2022 (copy enclosed) for the proposed development. If you wish to appeal this permit decision, you must file a Third Party Hearing Request Form with the Director of the Division of Coastal Management within 20 days of the permit issuance date. If you choose to pursue an appeal, please contact this office so that we can provide you with the appropriate forms and addresses. If you have any further questions regarding this matter, please do not hesitate to contact Yvonne Carver, or me, at this office. Sincerely, Ron Re i District Manager, Northeast District RR/yc Enclosure: GP No. 86380A and 15A NCAC 07H .1200 cc: Yvonne Carver, DCM, Elizabeth City Kitehouse, LLC, Greensboro MPW Holdings, LLC, Greensboro Doug Dorman, Atlantic Environmental Consultants, dougdaec@gmail.com Shannon Bracy, Seaside Management, shannon Ccbseaside-management.com Carver, Yvonne From: Renaldi, Ronald Sent: Friday, June 3, 2022 8:28 AM To: Carver, Yvonne Subject: FW: [External] Cama Permit Request by Kitehouse LLC Attachments: Cama Denial to SSM.docx; Cama Petition _ Kitehouse LLC, MPW Holdings, LLC.pdf See below and attachments for objection. Ron Renaldi District Manager, Northeastern District NC Division of Coastal Management 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 (252)264-3901 Find a Field Rep Map Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Tom Amatucci <bwctom@gmail.com> Sent: Thursday, June 2, 2022 5:05 PM To: Renaldi, Ronald <ronald.renaldi@ncdenr.gov> Cc: Shannon Bracy <shannon@seaside-management.com>; Tammy Hedrick <tammychedrick@gmail.com>; Stephen Piper <pipersmp@gmail.com>; Tom Amatucci <bwctom@gmail.com> Subject: [External] Cama Permit Request by Kitehouse LLC CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Dear Mr Renaldi, Please see attached documents regarding the permit request at Wind Over Waves, HOA in Salvo NC Thanks for your attention to this matter. Tom Amatucci PH: 443 928 8007 P O Box 473 Rodanthe, INC 27968 i From: Shannon Bracy <shannon(cDseaside-management.com> JUN C 3 2022 To: Doug Dorman <douadaec(cilgmail.com> Cc:D>ji u Bcc: Date: Tue, 31 May 2022 18:21:35 +0000 Subject: RE: Wind Over Waves Dock Hi Doug, Please see the response below from the WOW Board of Directors. If you have any questions or need additional information please let me know. Thanks! The Board met on Friday May 27, 2022 and discussed the Kitehouse, LLC and MPW Holdings, LLC request for approval of what is called on the General Permit a walkway and a pier and dock. The Board of Directors has determined that the request is disapproved. The reason is that the Board, acting as the Architectural Review Committee, will not approve the construction of appurtenances on a lot without there either being a preexisting residence on the lot or the appurtenances being constructed contemporaneously with the construction of a residence. The Board notes that, when these properties were for sale, a real estate agent inquired as to whether such construction could be approved without the construction of a residence and was told no. The Board took a similar position with respect to a request to remove trees. This request is unusual in that a portion of the proposed construction runs down the lot line between Lot 36R and Lot 37R. The Board will not require that both houses be under construction before approving a renewed request but does distinguish between the two lots. if a residence is constructed on Lot 36R, the Board will approve the construction of the pier and dock but not the walkway. if residence is constructed on Lot 37R, the Board will approve the construction of the walkway as well as the pier and dock. The reason for the distinction is that the walkway extends behind Lot 37R. While the pier and dock extend behind Lot 36R they do so over water and not the wetlands, and so are less likely to attract pedestrian traffic, particularly from the pier maintained by the HOA. Given that the request is disapproved, the Board will also not authorize Signature of the N.C. Division of Coastal Management Adjacent Riparian Property Owner Notir/cation/Waiver Form. It is the Board's view that signature is required by a representative of the Board with respect to the Open Space south of Lot 37R and Open Space north of Lot 36R as, if constructed, the structure will occupy portions of both lots. While it is between Kitehouse, MPW and the other lot owners, for the same reason, the Board believes that signatures are required from the owners of Lot 30 and Lot 35. Respectfully, WOW/ARC ** WOW Covenants Section 5.05 - 5.09 r N.C. DIVISION OF COASTAL. MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM CERTIFIED MAIL RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: Kitehouse, LLC & MPW Holdings, LLC Address of Property: 26126 & 26128 Otter Way, Salvo, NC 27972 Mailing Address of Owner: 2918 A Martinsville Road, Greensboro, NC 27408 stephen@austindevelopment.com Owner's email: Owners Phone#: 336-451-7305 Agent's Name: Doug Dorman Agent Phone#: 252-599-2603 Agent's Email: dougdaec@gmail.com JUIN 0 3 2022 ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION ,. (Bottom portion to be completed by the Adjacent Property Owner) I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing. A I DO NOT have objections to this proposal. objections to this proposal. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 401 S. Griffin St., Ste, 300, Elizabeth City, NC, 27909. DCM representatives can also be contacted at (252) 264-3901, No response is considered the same as no objection if you have been notified by Certified Mail, WAIVER SECTION I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the appropriate blank below.) I DO wish to waive some/all of the 15' setback -OR- Signature of Adjacent Riparian Property Owner I do not wish waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Typed/Printed name of ARPO: Mailing Address of ARPO: ARPO's email: Date: 5/26/22 PO Box 473, Rodanthe, NC 27968 ARPO's Phone#: *waiver is valid for up to one year from ARPO's Signature* Revised July 2021 Inpo 14.4-DrN(..J (,c,<- F�..,,rlora Nc Z�Yab' IMG_4353 IMG_4360 IMG_4341 IMG_4348 IMG_4354 IMG_4361 IMG_4349 IMG_4356 IMG 4344 kx r r�r IMG 4351 IMG_4345 IMG 4352 IMG 4359