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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#: s� 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 0 _ o m v < 0 o m � � v 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