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HomeMy WebLinkAbout86380A - Kitehouse LLC and MPW Holdings LLCa`"w CAMA ElDREDGE & FILL No 86380 G B C D permit GENERAL PERMIT D eous Prevl previouspermitIssued Wew ❑Modification ❑Complete Reissue ❑Partial Reissue V As authorbed hy[he$tate of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area, of environmental concern pursuant to: ISA NCAC ) � � ❑Rules attached. eneral Permit Rules available at the fdlovA g Bnlc yaww.dgy m.croy/CAMArules ApplicantName �%Te.JtowS¢. LLC. //h ek, g�-1,(,—n�4S�ux-AuthorrudAgent `Qo L+ 4 'Po r/✓I O Address P, o . Q a >L 9 rl iS.I 2.9 / 9 Pe !}iot'f'f ASt/t!/le Z, pro(ec1 Locadon (County): a ram' City ,C C:etnc 1,Ca State /V �- ZIP Street Addres0ate R.0-t#(s) L-4;s 3ryr V^ 3Gr Phone#t' 6) Y oS J,(e/ZY 2 2 G /-Z o4I r t..laN Email i�c�{Lt /1 Q Gs^-� '/l ¢✓�� rf[ f t.pki Subdybion W I Ad 0t/+r. W a✓e,j City .S ou J ✓'J ZIP Affected LgCW NEW ®PTA (RES ❑PTS Adl•WM Body `Q lhc-a -S�s-t cL / na Munk) AEC(s): ❑OEA ❑IHA ❑UW ❑SPIMA ❑PWS Closest Mal. Weer. Body ORIN: yes no PNA: ye no Type of Project/ Activity <�;k%6112-0 01 ER f (A/V L-Kt.)A-A / `5) o S-Kl J rr %li-C4 �'l G�1 I Tff J 5 1 (Scale: n/Ti- ) Shoreline Length Ff N $ kJ f AJv aV� F C /cV Access length _Ats 9 r >C Co J Pier(dock) length Ji rA (0' I F��lrl65'��wGry Irv- � / a Floating Platform(s) r' CM —, finger pler(s) � �+/ sG.i Total Platform area co + yS Groin length/# Bulkhead/ Riprep length Avg distance offshore Breakwater/Sill Max distance/length Cubicyards Boat ramp Boathouse/ Boadift U P Beach Bulldozing — other or >< to rr j(uso, ; SAV observed: s M Moratorium: n/a s no (y.,'�, Site Photos: n�l� Rioarlan WaiverAttached; ves no JC 1 C � . G i Agent or Applicant PRINTED Name SI re'aPlaze read compliance statement on back of permit*' e20o (Q °7 Application Fee(s) Check #/Money Order TAP/PAM/NEUSE(BUFFER (chda one) See note on back regarding River Basin rules See additional notes/conditions on back (Please IMU31)1a /g�2_ Permit Officers PRINTED Name - — SI ure Issuing Date Expiration Date ❑DREDGE & FILL N9 86380 O B C D GENERAL permitPrevious PERMIT \4l Date previous permit issued 5 }Flew ❑Modification ❑ Complete Reissue ❑ Partial Reissue As authorized by th'e r9Late off North�C,,arolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to: I SA NCAC 7H, /❑ Rules attached. )6*—ral Permit Rules available at the following link: wwwdeq.nc.gov/CAMArules Applicant Name +1 ;tow e- oI r 1 fiC• Authorized Agent � tw -Vo f"MQ Address P O . 6 a 1<- % r! %S �..c% jai /it *A Ile. 94, Project Location (County): City r rQ,Q.n� &I (-a State rV C ZIP A 7YN 2% YM Street Address/State Road/Lot #(s) L Phone # ( ) c// o .Z lP eZ. 9 � 2 a / 2 (. O -(✓^.}"fit' W CLI Email �c /l Q 0.`^-f ,1 ¢%/�/ 1 EA>A% Subdivision // y Ad b1/—r w o V e✓s J ,4/ / City .S a/ V'D ZIP 2-7 `'f7'z-- Affected NgCW MEW © PTA ®,ES ❑ PTS Adj. Wtr. Body r Ot /h �F C- o S �.-t/L� Vnatlhran/unk) AEC(s): ❑ OEA ❑ IHA ❑ UW ❑ SPIMA ❑ PWS Closest Maj. Won Body / 4M / ORW: yes no PNA: ye no Type of Project/ Activity ktA a.ED AI 6A I (A AAc bC .%q l ` ) o SK / /J e f�c-I L/ j P S (scale: n/u ) Shoreline Length — Sly x Gli 1AJD SV(; ,W J / Access Length 9 �C i0 % �J Pier (dock) length Fie glatform(s)' jjt..4 (ertL tf>1.0 / ZK /ors., ` E Floating Platform(s) Finger piers) Total Platform area Groin length/q ) D / Bulkhead/ Riprap length r � ' n Avg distance offshore C F \ 111 S U Breakwater/Sill Max distance/length Basin, channel Cubic yards Boat ramp Boathouse/ Boatlift / N Beach Bulldozing —' L '� Other oJrc' alo.. p� SAV observed: es o Moratorium: n/a es no C, Site Photos: e Riparian Waiver Attached: yes A building permit/zoning permit may be required -^11 I in S�rv-c,'�ttiC'-t-f over w`z.'C"l ❑TAR/PAM/NEUSE/BUFFER (circle one) Permit Conditions ✓gL,�a-d p, rvt i v� � /emu ryt- �-1' 3 4, b t/a- ❑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) Yv��n,� C-axuk-r— Agent or Applicant PRINTED Name Permit Officer's PRINTED Name �O Sign,iture **Please read compliance statement on back of permit**� Si ure / XO c O Application Feels) Check fJ/Money Order Issuing Date Expiration Date Carver, Yvonne From: Carver, Yvonne Sent: Friday, June 10, 2022 9:10 AM To: Doug Dorman Subject: Kitehouse LLC - MPW Holdings LLC permit Attachments: WOW LTR RE- KITEHOUSE - MPW HOLDINGS GP86380A-06092022.pdf, KITEHOUSE - MPW HOLDINGS LLC GP86380 - RECEIPT.pdf Good morning Doug A copy of General Permit #86380 is attached authorizing the shared pier/walkway/docking facility for properties owned by Kitehouse, LLC & MPW Holdings, LLC, on Otter Way in the Wind Over Waves subdivision in Salvo, Dare County. 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. A copy of your receipt is also included in the pdf attachment. Also attached is a copy of the letter mailed out to Wind Over Waves LLC/HOA in response to their objections. 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. Best regards, ? "W" Yvonne B. Carver Environmental Specialist II Division of Coastal Management NC Departmentof 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. ❑DREDGE'& FILL N9 86380 /Ai B C D �\— Previous permit \ J GENERAL PERMIT Date previous permit issued New ❑Modification []Complete Reissue ❑ Partial Reissue As authorized bythetorte of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to: I SA NCAC r r / �" - ❑ Rules attached. ,General Permit Rules available at the following link: www.deq.nc.godCAMAmIes Applicant Name !1 r -1 Q L L-C. / /^(I Authorized Agent i s �-- '�I �l'�s� f �''a ti ,,k Address r) i !i_ It / n A ))l u r Project Location (County): City , I. s State ri s` ZIP >� %L/A) Street Address/State Road/Lot #(s) -. -L Phone # so S : I - ., G Email / ..` 51;A1/ PV_ �.. ( Avr� <n'""1 r Ci'Al Subdivision : ^3'r .mot C/Z�I/ , r pJ City - zip' - Affected 0 CW ❑ EW ❑ PTA F_>J ES ❑ PTS Adj. Wtr. Body ,. r'' '�"p ) � c ' 'r i(naUlhan/unk) AEC(s): ❑ OEA ❑ IHA ❑ UW ❑ SPIMA ❑ PWS Closest Maj. Wtr. Body ORW: yes/,ho PNA: yes/r-)' Type of Project/ Activity �! r_ i , s: t. 'e> K ; n k�/1 t I J 'F G r _T - (Scale: o-..I ,, r f V r -_ Access Length Pier (dock) length - . — —i `- -.-- - --�_. — — FixedPlatform(s)�/ T T J _ Floating Platform(s) L Finger pier(s)_, Total Platform area-- Groinlength/JJ Bulkhead/ Ri ralength P P Avg distance offshore Breakwater/Sill- Maxdistance/length 11 Basin, channel I) Cubic yards v 4 i Boat ramp PF Boathouse/ Boatlif[ Beach Bulldozing Other SAV observed: yes no Moratorium: n/a yes no ""— , Site Photos: yes no Riparian Waiver Attached: ves no A building permit/zoning permit may be required by: 'DJ, Permit Conditions %l " ; - - ❑ TAR/PAM/NEUSE/BUFFER (circle one) ,v. ❑ 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) Y Agent or Applicant PRINTED Name Permit Officer's PRINTED Name Signature *'Please read compliance statement on back of permit•' Signature G / Application Fee(s) Check N/Money Order Issuing Date Expiration Date ..INS FL�i)PltY _ PAbfLICO ,SOUND v h - NOR]9 ,,. 7Al AL � AL a MARSHAL 1 , iL ,k AIL - � - � j J -, NORTX- AL 1. N p \ Au -__-- _, ,- AIL RES'IDUALNOPEN SPACE ALA PHASE II WIND OVER WAVES LLC ALA I IL- D,B. 144E PG. 333 P C. E, Sl. 721 ' I ' N/E, - PID:01282898 - l?tSIDUAL,DPFN SPACE , PHASE I WIND OVER WAVES LLC AI4 Alk L / +� _ I j LIB. 1372,, PG. 165-- PC 23k EA1PlINGWALKI/AY PROPOSED WALKWAY ALA "j '�` / / -.,A, -SL. Pm0128a1299 OVER WETLANDS 6' X 18 ' --------- AL , AL „!G 2 PROPOSED SLIPS, f FINGER PIER �- " ALL Ake IIL i Ally C-. J ? FRSP28ff s9 fA�ORA1 , r \ AL _ _AL _ _-' •___ PROPOSED PIER 6' X 50 PROOPPO & A SAY I �`-\ \. 6' X 21' t1 LOT 36R `'1., - uo4-�asZAND uLa, �. I I I YPW HOLDINGS, LLC PROPOSED WA KWAYI OVER UPLANDS 6' X 30' 30' DCY BU£FER LINE N/F LOT 30 1 1 1 JOHN & P70NA GARDENER I I 75' AL'C UNK LOT I ,I I 1 XITENOOSEryLLC I I to LOT 35 ALLNN & KELLY BANNER z o1 IA kl IA wl h Iq � I I rl 1 I I I I 1 I I 1 I I I I 1 I I I I I I I I 1 I 1 I 1 I I I 11 I I 1 L — 25 _Y.BS.L_ _ J I I L26' Y.B.SL1 LAND TRANSFER NUMBER: 1% LAND TRANSFER FEE: $0.00 EXCISE TAX: $0.00 PARCEL NO. REAL ESTATE TAXES PAID: MAY 2 _ 2022 DCM-EC 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 I t4_ day of 3 tE F.ui.V&Q- , 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". 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. 0 S. The parcel owners shall work together to coordinate any repair and maintenance activities 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 improvement is to occur, then either party shall have the right to require that the matter, including any dispute arising under the terms of this Agreement be subject to mandatory binding arbitration pursuant to N.C.G.S. §5.569.1 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 forth on Exhibit "B-37-Wetland Area". Kitehouse covenants and agrees for the benefit or MPW not to erect any structure In the property set forth on Exhibit'B-37-Wetland 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". B. 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-Wetland 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 on the Dare County Tax Records by overnight courier service. 3 Kitehous , LLC (� By, (SEAL) Stephen C. Austin, Manager STATE OF Lax CITY/COUNTY OF 1, 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 day of j? , 2020, }tttAeArrttr. Sfr.:....... �1 '��. _ _ r Notary Pu lic (� AL STAMP) My Commission Expires: pGl Registration Number: 5 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 P, 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' 15' 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' 11" West 2.00 feet 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' TY I1" 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' 1S' 34" West 31,78 feet to a point; thence turning and running North 86' 55' 2W 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' ST 20" West 22.76 feet to a point; thence turning and running South 02' 15' 34" West 5.98 feet to a paint; thence turning and running North 79' 26' 49" West 56.91 feet to a point; thence turning and running South 10' 33' 110 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 47.86 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 IT' 36 - Wetland 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 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' X' 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 17' 14' 10" East 45.93 feet to a point; thence turning and running North 06' ST 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 106,59 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` 4T 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 , Dare County Public Registry, reference to which is hereby made for a more complete and concise description of the lands being herein described. YftWOROiiripnn\Kjicitphocxa, LLC%14481-003 A}l31 WOW;SiCWGIrtd Oteanlra+i, t LC\C(osstatement Agreement. do 0 AUTHORIZATION TO ACT AS REPRESENTATIVE FORM Property Legal Description: DEED BOOK: 2473 PAGE NO: 951 PARCEL ID: 064712952826 & 064712952850 STREET ADRESS: ')61')6 & 261280tter 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) I. 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 L o the best of our k wledge. Authorized Signature and Title Autorized Signature and Title 2Z Lf 5 2� Date: 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 this card to the back of the mallptece, IIIIIIIII IIII IIIIIII II IIIII' IIIII III III III III 9590 9402 6361 0296 867811 7020 3160 0001 2522 9664 PS Form 3811, July 2020 PSN 753o-ozo06-lim ' :complete iter*j,2sarl44i., A. I Prfrityour nard'ifnd add ass on the reverse x so that we can return the card to you. ■ Attach this card to the back of the mallpieoe, B• or on the front if space Permits. 4�4 /�'7dIV�F.sCii�-i .S✓�I�L�^�� - '9-5A7% — P-fPei;. AJT p 7p.2o 9590 9402 6361 0296 8678 04 71320 3160 0001 2519 1312 IRS IP 3811 .July 2020 PSN 7SM-M-000-goes '2 A. signature /, a.�. -. x y ❑Agent i d -, EE S �i ,> 7 `l ❑ Addresses �,./ R. Received by (Afnted Name) C. Date of Delivery MAY 16 2022 D. Is delivery address dlfterentfrom item l? ❑Yes If YES, enter deliveryaddress below: ❑ No n lyW ❑ Priodty Mail EVra" gnature ❑ Reaistared Mall- 1 Melra Resbkted Delivery ❑ Registered Mail Restricted Del y I Mall ResideW Dauvery D SgnetmCon&matiodTM an Delivery ❑ Signature Confirmation mm Delivery Reeelcted Delivery Restricted Delivery Mae Domestic Return Receipt ❑ Addresses 3 C. Date of tDelivery � �� � T n Rem 1? O Yes below: ❑ No Y 'service Type ❑ Priority Mad Expmase Ad dtSlgnaaae D Registered Mal - Adult Signature Restricted Delivery ❑ Reg6l Mal Restricted T.eNfied Mall® Delivery&ed Codified Mail RwWted Delkery D SlgnelureConlYmeticn- Colledoncalvary ❑ Signature Confmadon ODKW on DO"Restrcted Delivery Restricted Delivery emgd Man eared Mall Restricted Delivery Domestic Return Receipt s - USPS.com® - USPS Tracking® Results https://tools.usps.com/go/TrackConfirmAction?tRef=fulipage&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 u G Delivered, Left with Individual April 20, 2022 at 1:27 pm a DARIEN, CT 06820 0 Get Updates Text & Email Updates v 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 TrackingS Results https://tools.usps.com/go/TrackConfimiAction?tRef=fullpage&tLc-2... USPS Tracking® FAQs > 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. 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April 21, 2022, 7:04 am Out for Delivery BASKING RIDGE, NJ 07920 April 21, 2022, 6:53 am I of 3 5116/2022, 5:57 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, Vc OMW Yvonne B. Carver Environmental Specialist II Division of Coastal Management INC Department of Environmental Quality 252-264-3901, ext. 237 Yvonne. carverCo�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 patties. 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. North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909 rvonm cena iw+ 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. 8638OA 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, -- i 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, dougdaecOcimail.com Shannon Bracy, Seaside Management, shannon(c seaside-management.com Cancer, 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, NC 27968 1 From: Shannon Bracy <shannonCcDseaside-management.com> JUN 03 2022 To: Doug Dorman <dougdaec a()gmail.com> Cc: D 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 simiiar 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 a 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 Notification/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 N.G. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER 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 Owner's email: Agent's Name: Doug Dorman Agent's Email: dougdaec@gmail.com Greensboro, NC 27408 Owner's Phone#: 336-451-7305 Agent Phone#: 252-599-2603 ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Ownerl 1UN 0 3 2022 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..r I DO have 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., Sfe. 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 sion 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: Wind Over Warms. LLC Attn: Tom Amatucci Mailing Address of ARPO: PO BOX 473, Rodanthe, NC 27968 ARPO's email: Date: 5/26/22 ARPO's Phone#: `waiver is valid for up to one year from ARPO's Signature' Revised July 2021 Parcel Data Sheet https://tax.darecountync.gov/parcelcard.php?parcel=012821998 County of Dare, North Carolina *Owner and Parcel information is based on current data on file and was last updated on June 02 2022 Primary (100%) Owner Information: WIND OVER WAVES LLC ATTN: TOM AMATUCCI P.O. BOX 473 RODANTHE NC27968 S �z- �� Parcel Information: Parcel:012821998 PIN:064712858361 District: 18- SALVO Subdivision: WIND OVER WAVES - PH 2 LOtBIkSect: LOT: OPEN SPACE BLK: SEC: Multiple Lots: - PlatCabSlide: PL: SL: Units: 0 Deed Date: 07/30/2002 BkPg: 1442 0333 Parcel Status: ACTIVE Property Use: VACANT LAND (PRIVATE) 0] BUILDING USE &FEATURES Tax Year Bldg Value: $0 Next Year Bldg Value: $0 Building Use: Exterior Walls: Actual Year Built: Full Baths: Half Baths: Bedrooms: Heat -Fuel: Heat -Type: Finished sgft for building 1: Air Conditioning: Total Finished SgFt for all bidgs: 0 MISCELLANEOUS USE Tax Year Misc Value: $11700 Next Year Misc Value: $12,700 Misc Bldg b: (RD2) VIED. WD. DOCK WD. GIRDERS BOLT Year Built: 2002 sqft: 1200 LAND USE Tax Year Land Value: $4 3,_00 Land Description : 18-Marsh Acreage TOTAL LAND AREA: 13.17 acres Tax Year Total Value: $17,000 *Values shown are on file as of June 02 2022 Next Year Land Value: $4` Next Year Total Value: $17,000 1 of 1 6/6/2022, 12:59 PM Zg r sA M�M� f�s�l� 2d <Zlt.�flar� r1c 2'7yor 5116-v IMG_4362 IMG_4346 IMG 4353 IMG_4360 IMG_4341 1 IMG_4348 IMG_4354 s IMG 4361 IMG_4343 IMG_4349 IMG_4356 IMG_4344 IMG_4351 IMG 4357 IMG_4345 IMG_4352 IMG_4359