HomeMy WebLinkAbout154-05 TX/Renewal 03/2019 Widgeons Creek Club, LLC Permit Class Permit Number
TRANSFER/ 154-05
RENEWAL STATE OF NORTH'CAROLINA
Department of Environmental Quality
�r
and
s Coastal Resources Commission
omit
R" for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Widgeon Creeks Club, LLC PO Box 1595,New Bern,NC 28563
Authorizing development in Carteret County at Smvrna Creek and Oyster Creek 201 Black
Duck Rd., Davis. as requested in the permittee's application dated 111105,inc.attached drawings(10) "DCM-MP-2 Att 3-5&
DCM-MP-5 Att 2-6"dated 11/04,"DCM-MP-5 Art.7"dated 12/04,&11DCM-MP-2 Att 2"dated 4/14/04,and the letters dated 1/7/19 and 2/20/19.
This permit, issued on March 7,2019 , 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.
Excavation
1) Prior to any excavation or filling of impoundment#2, a representative from the Division of Coastal
Management shall flag the areas of Coastal Wetlands located on Dike 42.No excavation or filling of
these wetlands is authorized.
2) In order to protect juvenile shrimp and finfish
p J p populations,no excavation or filling shall be permitted
between April 1 and July 31 of any year without the prior approval of the Division of Coastal
Management, in consultation with the Division of Marine Fisheries.
3) Excavation shall not exceed-2 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DEQ and the
other qualified persons within twenty(20) days of the issuing Chairman of the Coastal Resources Commission.
date.
This permit must be accessible on-site to Department +�
personnel when the project is inspected for compliance. Y
Any maintenance work or project modification not covered Braxton C. Davis, Director
hereunder requires further Division approval.
Division of Coastal Management
All work must cease when the permit expires on
This permit and its conditions are hereby accepted.
December 31,2020
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee
Widgeon Creeks Club,LLC. Permit No. 154-05
Page 2 of 4
ADDITIONAL CONDITIONS
4) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
5) The authorized project is located adjacent 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 other than that necessary for placement of the 5 authorized culvert
pipes. 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.
6) All excavated materials shall be confined to the areas indicated in the application forms and on the
attached workplan drawings. Any proposal to alter the areas to be filled shall require permit
modification.
Sedimentation and Erosion Control
7) An Erosion and Sedimentation Control Plan shall be required for this project. This plan shall be filed at
least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the
Division of Energy, Mineral and Land Resources, Land Quality Section, 127 Cardinal Drive Extension,
Wilmington,NC 28405. Any violation of the Erosion and Sedimentation Control Plan shall be
considered a violation of this permit.
8) Appropriate sedimentation and erosion control devices,measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands,watercourses and property (e.g. silt fence,
diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately
around all of the areas to be filled prior to any backfilling activities.
Shoreline Stabilization
9) The alignment of the permitted riprap shall be staked by the applicant or the authorized agent and
approved by a representative of the Division of Coastal Management within a maximum of 30 days prior
to the start of any construction. Failure to initiate construction within 30 days, or erosion of the
shoreline by adverse weather conditions, shall require the alignment to be re-staked by the applicant or
authorized agent and re-approved by a representative of the Division of Coastal Management within a
maximum of 30 days prior to the new expected start of construction.
10) The alignment of the approved rip rap shall not extend more than 6 feet from the normal high water
level at any point along its alignment.
11) The rip rap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to
prevent its movement from the approved alignment by wave or current action.
12) The rip rap material shall consist of clean rock or masonry materials such as but no limited to granite,
marl, or broken concrete.
z-t
Widgeon Creeks Club, LLC. Permit No. 154-05
Page 3 of 4
ADDITIONAL CONDITIONS
Flashboard Risers/Culverts
13) Unless specifically altered herein, this permit authorizes the placement of the 5-flashboard
risers/culverts all as expressly and specifically set forth in the attached permit and workplan drawings.
Any proposal to alter the location of the flashboard risers/culverts shall require modification of this
permit.
14) Appropriate bedding material shall be placed beneath the culverts to prevent structural subsidence.
15) The permittee shall maintain the flashboard risers 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.
General
16) The construction and/or operation of the waterfowl impoundments shall not directly result in any closure
of any waters that are open to the taking of shellfish. Any such closure directly attributable to the
waterfowl impoundments shall require that the permittee undertake remedial actions to remedy the
situation.
17) The permittee understands and agrees that, if future operations by the United States requires the
removal,relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters,the permittee will be required, upon
due notice from the Corps of Engineers,to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the State of North Carolina.No claim shall be
made against the United States or the State of North Carolina on account of any such removal or
alteration.
NOTE: The permittee is encouraged to consult with the Division of Marine Fisheries Habitat and
Enhancement and Shellfish Sanitation Sections to develop strategies that will help ensure that
water discharged from the impoundments do not have a negative impact to juvenile finfish and
shellfish adjacent to the project site.
NOTE: Due to Smyrna Creek and Oyster Creek being designated as primary nursery areas, and Oyster
Creek being designated as open to the harvesting of shellfish and as Outstanding Resources
Waters,the permittee is advised to exercise caution while operating heavy equipment to ensure
failure of the dike walls adjacent to these waterbodies does not occur.
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: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at(252) 808-2808 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.
Widgeon Creeks Club,LLC. Permit No. 154-05
' Page 4 of 4
z ADDITIONAL CONDITIONS
NOTE: The N.C. Division of Water Resources has authorized the proposed project under General Water
Quality Certification No. 3400 (DWR Project No. 05-1461),which was issued on 9/8/05.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id.No.
200501090.
NOTE: A permit Renewal/Transfer application processing fee of$200 was received by DCM for this
project.
s:
3
ti
s
ROY COOPER
K
:a Governor
MICHAEL S. REGAN
Secretary
Coastal Management BRAXTON C. DAVIS
ENVIRONMENTAL QUALITY March 7, 2019 Director
Widgeon Creeks Club LLC
c/o Carl Huddle
PO Box 1595
New Bern, NC 28563
Dear Mr. Huddle:
The enclosed permit constitutes authorization under the Coastal Area Management Act,
and where applicable, the State Dredge and Fill Law, for you to proceed with your project
proposal. The original (buff-colored form) is retained by you and it must be available on site
when the project is inspected for compliance. Please sign both the original and the copy and
return the copy to this office in the enclosed envelope. Signing the permit and proceeding
means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant
to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with
NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your
permit. You should also be aware that another qualified party may submit an objection to the
issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise,
all work must be carried out in accordance with your application. Modifications, time extensions,
and future maintenance requires additional approval. Please read your permit carefully prior to
starting work and review all project plans, as approved. If you are having the work done by a
contractor, it would be to your benefit to be sure that he fuiiy understands all permit
requirements.
From time to time, Department personnel will visit the project site. To facilitate this
review, we request that you complete and mail the enclosed Notice Card just prior to work
initiation. However, if questions arise concerning permit conditions, environmental safeguards,
or problem areas, you may contact Department personnel at any time for assistance. By
working in accordance with the permit, you will be helping to protect our vitally important coastal
resources.
Sincerely,
Douglas V. Huggett
Major Permits Manager
N.C. Division of Coastal Management
Enclosure
State of North Carolina I Environmental Quality I Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City,NC 28557
252 808 2808
DCM Coordinator: -� 1p Q_ Permit#:
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MAILING DISTRIBUtT''IOIINII SHEET 'I
Permittee: WcJ Seh CW� Wt, -u.0 Glo 62rt t�.b�� ?0 t�qc
Agents:
23
DCM Field Offices
Elizabeth City (with revised work plan drawings)
Morehead City A�or�'
Washington
Wilmington
US ACOE Offices:
Washington: Raleigh Bland(Beaufort, Camden, Chowan,Craven,Hertford,Hyde,Perquimans,
Tyrrell)
Josh Peletier(Bertie,Currituck,Dare,Gates,Pamlico,Pasquotank,Washington)
Tom Steffans(NC DOT-Beaufort,Carteret,Craven,Pamlico)
Bill Biddlecome(NC DOT-Remainder ECity/Washington District)
Wilmington: Tyler Crumbley(Brunswick,New Hanover)
Liz Hair(Carteret,Onslow,Pender)
Brad Shaver(NCDOT-Brunswick,New Hanover, Onslow, Pender)
Cultural Resources: Renee Gledhill-Earley at Environmental.Review@ncdcr.gov
Public Water Supply: Heidi Cox(WIRO) Clif Whitfield(WARD)
Marine Fisheries: Shane Staples Curt Weychert
NC DOT: David Harris
Shellfish Sanitation: Shannon Jenkins/Sharron Gupton
State Property: Tim Walton/Mike Moser
DEMLR/DWR: Sheri Montalvo
Washington: Anthony Scarbraugh-401
Roger Thorpe-Stormwater
Garcy Ward-(NCDOT-Beaufort,Bertie,Camden,Carteret,Chowan,Craven,Currituck,
Dare,Gates,Hertford,Hyde,Pamlico,Pasquotank,Perquimans,Tyrrell,Washington)
Wilmington: Robb Mairs—401 (Carteret, Onslow,Pender)
Chad Coburn—401 (Brunswick,New Hanover)
Christine Hall-Stormwater
Joanne Steenhuis-401 (NCDOT-Brunswick,New Hanover,Onslow,Pender)
Wildlife Resources: Maria Dunn(WARD) (NCDOT)Travis Wilson
Natural Heritage Program Rodney Butler
LPO:
Fax Distribution: Permittee#: Agent#
WIDGEON CREEKS CLUB, LLC
Safety- Honesty - Knowledge- Experience- Fellowship-Wildlife Respect- Conservation
February 20, 2019
Mr. Ryan Davenport
Compliance and Enforcement Representative
NC Dept. of Environmental Quality
400 Commerce Avenue
Morehead City, NC 28557
Ref: Widgeon Creeks Club, LLC Major Permit — Permittee Name Change Notification
Widgeon Creeks Club, LLC Major Permit — Member/Manager Principal Authority
Mr. Davenport:
This letter serves as a notification of Permittee name change for Permit Number 154-05.
Permit Number 154-05 is currently issued to Widgeon Creek Hunt Club, LLC. Please
be advised the permit should be issued to Widgeon Creeks Club, LLC as registered with
NC Dept. of the Secretary of State. Please see the enclosed Dept. of the Secretary of
State's Certificate of Existence witnessed by Secretary Elaine F. Marshall on 14
November 2017. The required $100.00 permit name change fee is enclosed.
In addition, please make it known Carl Huddle has the authority to represent Widgeon
Creeks Club, LLC as the principal Member/Manager in conducting the business matters
of said entity. Please see the enclosed 2018 Secretary of State Limited Liability
Company Annual Report noting Carl Huddle as principle signatory on behalf of said
entity.
If you need additional information, please advise. Thank you in advance for
cooperation.
Sincerely,
Carl C. Huddle DECEIVED
Widgeon Creeks Club, LLC
Member/Manager
(252) 636-7529 MAR 0 4 2019
Enclosure(s): DCM-MHD CITY
Widgeon Creeks Club, LLC - Secretary of State's Certificate of Existence
Permit Name Change Fee $100.00 Check No. 1348
Widgeon Creeks Club, LLC - Secretary of State Limited Liability Company Annual Report
PO Box 1595, New Bern, NC 28563, Tele: (252)633-2425, Fax: (252)634-9718
'"=�'•, NORTH CAROLINA
• Department of the Secretary of State
CERTIFICATE OF EXISTENCE
(Limited Liability Company)
I, Elaine F. Marshall, Secretary of State of the State of North Carolina, do hereby
certify that
WIDGEON CREEKS CLUB, LLC
is a limited liability company duly formed under the laws of the State of North
Carolina, having been formed on the 6th day of October, 2003, with its period of duration
being Perpetual.
I FURTHER certify that the said limited liability company's articles of organization
are not suspended for failure to comply with the Revenue Act of the State of North
Carolina; that the said limited liability company is not administratively dissolved for
failure to comply with the provisions of the North Carolina Limited Liability Company
Act; and that the said limited liability company has not filed articles of dissolution as of
this date of this certificate.
IN WITNESS WHEREOF,I have hereunto set
my hand and affixed my official seal at the City
of Raleigh,this 14th day of November,2017.
"1aL6° Scan to verify online.
Certification# 101323771-1 Refereace#14087551- Page: 1 of 1 Secretary of State
Verify this certificate online at http://www.tio9nc.gov/verification
DECEIVED
MAR 0 4 2019
DCM-MHD CITY
%�~ LIMITED LIABILITY COMPANY ANNUAL REPORT
,-,...
ronon
NAME OF LIMITED LIABILITY COMPANY Widgeon Creeks Club, LLC
SECRETARY OF STATE ID NUMBER: 0693718 STATE OF FORMATION: NC i aq OffiCe use n y
REPORT FOR THE CALENDAR YEAR: 2018
SECTION A:REGISTERED AGENT'S INFORMATION XChanges
1.NAME OF REGISTERED AGENT: Carl Huddle
2.SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED OFFICE STREET ADDRESS&COUNTY 4.REGISTERED OFFICE MAILING ADDRESS
PO Box 1595 PO Box 1595
New Bern, NC 28563 Craven New Bern, INC 28563
SECTION B:PRINCIPAL OFFICE INFORMATION
1.DESCRIPTION OF NATURE OF BUSINESS: Hunt Club
2.PRINCIPAL OFFICE PHONE NUMBER: (252)633-2424 3.PRINCIPAL OFFICE EMAIL: chuddle@traderconstructiong
4.PRINCIPAL OFFICE STREET ADDRESS&COUNTY S. PRINCIPAL OFFICE MAILING ADDRESS
PO Box 1595 PO Box 1595 0 .�
New Bern, NC 28563 Craven New Bern, INC 28563 Craven
6. Select one of the following if applicable. (Optional see instructions)
❑ The company is a veteran-owned small business
❑ The company is a service-disabled veteran-owned small business
SECTION C:COMPANY OFFICIALS(Enter additional company officials in Section E.)
NAME. Walter Brady NAME: Walter Brady NAME: Cas Cader
TITLE. Manager TITLE: Member TITLE: Manager
ADDRESS: ADDRESS: ADDRESS:
1722 River Drive 1722 River Drive 254 Howland Parkway
Morehead City, NC Carteret Morehead City, NC Carteret Beaufort, NC 28516 Carteret
SECTION D:CERTIFICATION OF ANNUAL REPORT, Section D must be completed in its entirety by a person/business entity.
February 15, 2018
SIGNATURE DATE
Form must be signed by a Company Official listed under Section C of This form.
Carl Huddle Manager/Member
Print or Type Name of Company Official Print or Type Title d
SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF$200 B •� RECEIVED
MAIL TO:Secretary of State, Business Registration Division,Post Office Box 29525,Raleigh,NC 27626-0525
MAR 04A19
DCM-I ii i-i o CITY
SECTION E:ADDITIONAL COMPANY OFFICIALS
NAME: Cas Cader NAME: Jack Huddle NAME: Jack Huddle
TITLE: Member TITLE: Manager TITLE: Member
ADDRESS: ADDRESS. ADDRESS:
254 Howland Parkway 117 Trent Shores Drive 117 Trent Shores Drive
Beaufort, NC 28516 Carteret New Bern, NC 28562 Craven New Bern, INC 28562 Craven
NAME: Carl Huddle NAME: Carl Huddle NAME: Eric Luckenbach
TITLE. Manager TITLE: Member TITLE: Manager
ADDRESS: ADDRESS: ADDRESS:
117 Trent Shores Drive 117 Trent Shores Drive 2203 Old Lexington Road
New Bern, INC 28562 Craven New Bern, NC 28562 Craven Asheboro, NC 27205 Randolph
NAME. Eric Luckenbach NAME: Ben Ramsey NAME: Ben Ramsey
TITLE: Member TITLE: Manager TITLE: Member
ADDRESS: ADDRESS: ADDRESS:
2203 Old Lexington Road 621 Maple Avenue 621 Maple Avenue
Asheboro, NC 27205 Randolph Asheboro, NC 27203 Randolph Asheboro, INC 27203 Randolph
NAME: James Walker, III NAME: James Walker, III NAME: Cory Williams
TITLE: Manager TITLE: Member TITLE: Manager
ADDRESS: ADDRESS: ADDRESS:
153 Harbor Road 153 Harbor Road 1125 Medical Center Drive
Washington, INC 27889 Beaufort Washington, NC 27889 Beaufort Wilmington, INC 28401 New Hanover
NAME: Cory Williams NAME: Name:
TITLE: Member TITLE: TITLE:
ADDRESS: ADDRESS: ADDRESS:
1125 Medical Center Drive
Wilmington, NC 28401 New Hanover
NAME: NAME: NAME:
TITLE: TITLE: TITLE.
ADDRESS: ADDRESS: ADDRESS.
�C/�CIVC11
MAR 0 4 2019
DCM-MHD CITY
NC Division of Coastal Management
Cashier's Official Receipt 7840 A B
Date: 20
Received From: 'C fl r ► '�X c,u o U-f— $ I
Permit No.: .�� (�—
Check No.:
Applicant's Name: >nx 1 A
�.
Coun
Project Address:
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant:
Signature of Field Representativ Date:
Date:
0
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WIDGEON CREEKS CLUB, LLC
ism Safety• Honesty • Knowledge • Experience • Fellowship•Wildlife Respect• Conservation
January 7, 2019
Mr. Ryan Davenport
Compliance and Enforcement Representative
400 Commerce Avenue
Morehead City, NC 28557
Ref: Widgeon Creeks Club, LLC Major Permit Renewal #154-05
Mr. Davenport:
This letter serves as a request for Permit Number 154-05 be renewed for a period of
two years from the date of expiration, December 31, 2018.
In addition, we request the permit be revised to list the legal name and address of the
property owner and Permittee.
The original permit and subsequent renewals listed the name and address of the
Permittee as follows:
Widgeon Creek Hunt Club, LLC
1537 Bluebird Lane
Asheboro, NC 27205.
Subsequent to the latest renewal, the Permittee's legal name and address has changed
to the following:
Widgeon Creeks Club, LLC
PO Box 1595
New Bern, NC, 28563
If you need additional information, please feel free to contact me. Thank you in
advance for your cooperation.
Sincerely,
arl C. HuddletECE
ivE�
Widgeon Creeks Club, LLC 0 9 Z019
Member/Manager JAN
(252) 636-7529 OCM-MHp CITY
Enclosure: Permit Renewal Fee $100.00 Check No. 1342
PO Box 1595, New Bern, NC 28563, Tele: (252)633-2425, Fax: (252)634-9718
NC Division of Coastal Management
Cashier's Official Receipt 7859 AB c�u
Date: (C) 20 1 C(
Vy�
Received From: $
Permit No.:
-""44L4-r-zI Check No.:
Applicant's Name: /u -'�_ 46d
County:
Project Address:
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant:
Date:
Signature of Field Representative: O
Date:
i
ROY COOPER
Governor
MICHAEL S. REGAN
.S'ecreiory
BRAXTON DAVIS
Coastal Management
ENVIRONMENTAL QUALITY 01recfor
Memorandum 1/2/19
To: Doug Huggett
From: Ryan Davenport
Re: Renewal Request— tate Permit#154-05, Widgeon Creek Club, LLC
Please find enclosed a request from Carl Huddle requesting to renew State Permit#154-05.
There has been work on the project throughout the life of the permit. The permit expired on
12/31/18. The applicant is requesting a renewal so that the work can be completed. Enclosed
is a $100 check# 1342.
Cc: Roy Brownlow
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Ave I Morehead City,NC 28557
252 808 2808
C201214200497
SOSID:0693718
Date Filed:5/24/2012 11:57:00 AM
Elaine F.Marshall
State of North Carolina North Carolina Secretary of State
Department of the Secretary of State C201214200497
Limited Liability Company
AMENDMENT OF ARTICLES OF ORGANIZATION
Pursuant to§57C-2-22 of the General Statutes of North Carolina,the undersigned limited liability company hereby submits the
following Articles of Amendment for the purpose of amending its Articles of Organization.
1. The name of the limited liability company is: Widgeon Creeks Hunt Club, LLC
2. The text of each amendment adopted is as follows(attach additional pages if necessary):
Change name to:
Widgeon Creeks Club, LLC
3. (Check either a or b,whichever is applicable)
a. The amendment(s)was(were)duly adopted by the unanimous vote of the organizers of the limited liability company
prior to the identification of initial members of the limited liability company.
b. The amendment(s)was(were)duly adopted by the unanimous vote of the members of the limited liability company
or was(were)adopted as otherwise provided in the limited liability company's Articles of Organization or a written operating
agreement.
4. These articles will be effective upon filing,unless a date and/or time is specified:
This the 18 day of May , 20 12
Wid eon Creeks Hunt Club, LLC
Nay e f ited Liabili omp rry
Signature
Edward Parrish Member/Manager
Type or Print Name and Title
NOTES:
1. Filing fee is$50. This document must be filed with the Secretary of State.
(Revised January 2000) (Form L-17)
CORPORATIONS DIVISION P.O.BOX 29622 RALEIGH,NC 27626-0622