Loading...
HomeMy WebLinkAbout84-05 Minor Mod. 10/15/2015 Waterfronte Villas Yacht Club Owner's Assoc. r.,o-ro-ro.�.v�.'io-o-�.rawzro-a:K-rrro-rrraawraoc:-e-:t-ca-:-sa�:+-s rarrr.-farrrrx-wr:eaaao-raafr ao-}r¢o-e r,a.e-•x�:-:,-oaraao-rraaa-lc•ta.o-c-:-:�,+.ca-:+.eat.,so-�•r.-ao-:�.� Permit Class Permit Number MODIFICATION/MINOR 84-05 STATIC OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Waterfronte Villas and Yacht Club Owners' Association, 100 Spencer Farlow Dr.,Carolina Beach,NC 28428 Authorizing development in New Hanover County adi.to the AIWW&Carolina Beach Yacht Basin Spencer Earlow Dr., Carolina Beach NC as requested in the permittee's letter dated 8L 9/I5, including the attached workylan drawing (1), dated 8/17/1 S This permit, issued on nclnher 79,1015 , 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 terns may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) Unless specifically altered herein, this Minor Modification authorizes the division of a 110' boat slip (13-106) into two 55' boat slips (13-106 North and 8-106 South), as well as the placement of scissor lifts in slips A-169, 13-120, D-36, E-152, floating boat lifts in Slips 13-119, C-77, D-41, and a jet dock in slip E-6, all as expressly and specifically set forth in the attached work plan drawing. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without pen-nit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) This Minor Modification shall be attached to Permit No. 84-05, which was transferred to the permittee on 10/15/15, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. (See attached sheet 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. Any maintenance work or project modification not covered �, Braxto . 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, 2019 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 . w m u:ro-s.: a s r r �rr�r rr a a s r:ac:.: x:-ao-r:.�a w as r o-u�a •.�o o-: sa r ��aa�ao-o-o- ro-s-r»o-r r s w nara X-W �, Waterfronte Villas & Yacht Club Owners' Association Permit#84-05 Page 2 of 2 ADDITIONAL CONDITIONS 3) All conditions and stipulations of the active permit remain in force tinder this Minor Modification unless specifically altered herein. 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: A minor modification application processing fee of$100 was received by DCM for this project. f r ALI NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary MEMORANDUM T0: Heather Coats Assistant Major Permit Coordinator, Wilmington FROM: Tara MacPhersont `� Field Specialist, Wilmington THRU: Debra D. Wilson ��"J JJ District Manager, Wilmington DATE: September 3, 2015 SUBJECT: Request for Modification of State Permit No. 84.05 Waterfronte Villas and Yacht Club Owners Association New Hanover County Mr. A.D. Nigro, Secretary for the Waterfronte Villas and Yacht Club Owners Association, has submitted a request to modify State Permit No. 84-05, which was originally issued to Waterfronte Development, LLC through the Express Permit Program on July 8, 2005 for excavation and a marina docking facility and was last modified on July 9, 2006 for additional boat slips. State Permit No. 84-05 was renewed with a maintenance clause on January 28, 2014 and is due to expire on December 31, 2019. The permittee is requesting authorization to divide the 110 ft. boatslip at the terminal end of B dock(slip B-106) into two 55 ft. boat slips (B-106 North and B-106 South). According to the applicant this would result in a total of 174 formalized boat slips at the marina. The permittee is also requesting approval for scissor lifts in slips: A-169, B-120, D-36, E-152, floating boat lifts in slips B-119, C-77 and D- 41 and a jet dock in slip E-6. All of these lifts would be installed within existing slips at the marina. This office has no objections to the modification of State Permit No. 84-05 provided all other local, state and federal regulations are adhered to. On August 27, 2015, Mr. Nigro submitted the modification request and$100 fee(check no. 1721), to this office. By copy of this memo, DCM is requesting that the USACE, DWR and the LPO for the Town of Carolina Beach provide any comment that your agency may have on the proposed project to Heather Coats of DCM's Wilmington Regional Office office within 14 days of receipt of this memo. A copy of the request and marina layout is included with this request. RECEIVED Enclosures SEP 10 2015 cc: Doug Huggett, MHC ^r rk WiRO File Tyler Crumbley, USACE Chad Coburn, DWR Jeremy Hardison, LPO 127 Cardinal Drive Ext.,Wilmington,NC 28405 Phone:910-796-72151 FAX:910-395-3964 Internet:www.nccoastaImanagement.net An Equal Opportunity 1 Affirmative Action Employer August 19, 2015 Robb Mairs/Tara MacPherson NC Divison of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 On July 17, 2015 Waterfronte Development, LLC requested the marina major development permit# 84-05 be transferred to Waterfronte Villas and Yacht Club Owners Association. Assuming the permit will be transferred, Waterfronte Villas and Yacht Club Owners Association requests modifications to major development permit# 84-05 to: (1) Divide the existing 110' slip B-106 into two 55' slips, B-106 North and B-106 South as shown on the enclosed marina plan. This will increase the total number of marina slips from 173 to 174. The deed for slip B-106 is enclosed with this letter for your information; (2) authorize placing boat lifts in existing slips A- 169, B-119, B-120, C-77, D-36, D-41, E-6 and E-152 as shown on the enclosed marina plan; and (3) correct the number of previously authorized slips from 172 to 173. NC DENR previously approved boat lifts in slips: A-122A, B-112, B-118, C-68, C-165, D-59, D-158B, E-17, E-153 and E-154. The previously approved boat slip locations are shown on the enclosed marina plan with the symbol® . This letter requests NC DENR approval of scissor style boat lifts in slips A-169, B-120, D-36 and E-152, new style boat lifts in slips B-119, C-77 and D-41, and a jet dock lift in slip E-6. The locations of the slips for which boat lift approvals are being requested are shown on the enclosed marina plan with block arrows (E:==> ). In recent correspondence with NC Divison of Coastal Management it was noted the facility is currently authorized for 172 total slips. The marina however currently has 173 slips and upon the approval of the slip split request above will have a total of 174 slips. The slips are as shown on enclosed marina plan. We are not sure how the one slip discrepancy in the number of slips came about but request the authorized number of slips be increased to 174 upon approval of the above request to split slip B-106 into two slips. Enclosed is a check for$100.00 for processing the above requests. If any other information is required please contact A.D Nigro below. A.D.Nigro, Secretary Waterfronte Villas and Yacht Club Owners Association RECEIVED 100 Spencer Farlow Dr. SEP ] 0 2015 Carolina Beach, NC 28428 .gp,,� anigro@ec.rr.com 910-794-1620 Enclosures: (1) Marina plan showing boat lift Locations and slip B-106 split dated August 17, 2015. (2) Slip 106 Deed (3) Check for$100.00 processing fee. RECEIVED DCM WILMINGTON, NC AUG 2 7 2015 August 17, 2015 ® Location of previously approved boat lifts pp LO"PON MAP an Requested boat lift approval locations - tr�sytar+r+wrM� 1 498 "J' Slio Slio B-106 location r7Ki. a.�s• N , •i 1��I Iri � Ik� i 1 r,� t�.1: ��� r r� (j �'"� fit rMr°. ; iFx - 'g„ a7M{11 do Too Slip B-106A rats lo Uuu ���,..��L , n r +fr a ft a iJ w l of w 1 ,Da t I'm *3 r rpi I rC I Slip B-1066 t 11 r tt 111 If S t i1 It* rr' r4�. I l 4 l Ll lJ SII Ut U f ''d. i !!! g T MYft 7LE GROPE SOUND NY W ea+n» C-Af '� - l l!r 4 4 ♦fir 65 , J r �. r , !It ri 111 l. " � i t �` ;t " j I RECEIVED a. ��,I _ " sEP 10 2015 , . n" C.: 11 U L i � ii•"iT" � ,- Irl III IK `'.,. I � w e ! t � � {�, � �: � �� is ,� ,F ,• _, � gr sr 1 -- U --'LJ U�jULJfir" ii 1 Im Iri K F En Lj m HANOVER DESIGN SERVICES,P.A. 00 "Wrnp?s rwowrr" 01PLAICuF K z ,t,g W Mtlr sa r z 402'7ai'+o Al"..G,wp L/ J � > vi zaesete-tse FOR REGISTRATION REGISTER OF DEEDS JENNIFER H. mCNE ISM 1Ew HAWVER COUNTY, NC 2M 9 27 44:33-. 5 Pt BK:5391 AC:1844-1847 FEE420.00 NC RD Sfp $95Z.08 Ih'S1RlN�Ii��0�0101fi6 Prepared by: J.C.Hearne,II P.O.Drawer 179 Wilmington NC 28402 P-wo By And Retu nod Mail after recording to: .C.Hearne.11 To:JC Heam,I Excise Tax:5950.00 Parcel Identifier Parent No.R08806-005-001-OOA Brief description forMIX:: Boat Slip#'s 158B,154,2,122,156,160,24,161,116,119,& 106 Waterfront Villas NORTH CAROLINA GENERAL WARRANTY DEED - THIS DEED,made this 27th day of March,2009,by and between GRANTOR GRANTEE LAND SOURCE HOLDINGS,LLC MOONSTRUCK PROPERTIES, a North Carolina limited liability LLC a North Carolina limited company liability company MiIlmg address 3"7-100 Wrig�Ave mm Wilmington,NC MG3 The designation Grantor and Grantee as used herein shall include aid parties,their heirs, successors,and assigns,and shall include singular,plural,masculine,feminine or neuter as required by context. WITNESSETH : THAT Grantor,for a valuable'eonsideration paid by the Grantee,the receipt of which RECEIVED is hereby acknowledged,has and by these presents does grant,bargain,sell and convey unto) the Grantee in fee simple, all that certain lot or parcel of land situated in New Hanov SEP X A 1015 County,North Carolina and more particularly described as follows:,S" SEE ATTACHED EXHIBIT"A" Together with and subject to a Class B membership as defined in Article IV of Declaration of Covenants,Conditions and Restrictions for Waterfronte Villas and Yacht Club recorded in Book 2420 at Page 13 and in Book 2422 at Page 495. D � C Together with a perpetual nonexclusive right of easement and enjoyment in the ;U Common Areas and Facilities as described in said Declaration and the Bylaws for n Waterfronts Villas Owners'Association,Inc.recorded in Book 2420 at Page 56 of Z rn o m cn 00 Z Z 0 the aforesaid registry and any amendments thereto. SUBJECT TO Easements for the State of North Carolina recorded in Book 2171,Page 146;Book 2258,Page 257 and Book 2620,Page 31 of the New Hanover County Registry. The property hereinabove de"I ed was acquired by Grantor by instrument recorded in Book 5358 at Page 884-987. By acceptance of this Deed Grantee,its successors,heirs and/or assigns shall be responsible for ad valorem property taxes on the boat slip whether in their name or in the name of the developer or homeowner association. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. AND the Grantor covenants with the Grantee that Grantor is seized of the premises in f9e simple,has the right to convey the same in fee simple,that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whornsoom except for the exceptions hereinafter stated- Title to the property hereinabove described is subject to the following exceptions: 1. Rights of way and easements of record,if any. 2. Zoning and/or subdivision ordinances and regulations,if any. 3. Restrictive covetiants of record,if any. 4. Ad valorem taxes for 2009 and subsequent years. W WITNESS Wl3ERREOF,the Grantor has hereunto set his hand and seal,or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officer the da and year first above written. LAND a0LWQE HOLDINGS,LLC ansey,III Member/Manag STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, a Notary Public of the County and State aforesaid,certify that William E.Darmy,III}' personally came before me this day and acknowledged that he is an Member/Manager of Land RECEIVED Source Holdings,LLC,a North Carolina limited liability company and that by authority duly given and as the act of the limited liability company,the foregoing instrument was signed in its name by i SEP 0 2015 Member/Manager. k?�:l►�• l'�V4N witnesspy4an&gnd official stamp or seal,this 27th day of March,2009- � s�_ plt`�V OTAF ` Q. Notary Public My wmna► % 131 PbAWi-,&?A013 r-fit Zm o G)m is+ O 0 zz 0 LEGAL DESCRIPTION TRACT ONE: BEING ALL OF BOAT SLIP NUMBERS 21106,116,1199 OF WAI NTE VILLAS AND YACHT CLUB AS SHOWN ON MAP OF SAME ORDED IN MAP BOOK 389 AT PAGE 92, OF THE NEW HANOVER Coom REGISTRY,REFERENCE TO WHICH 19 HEREBY MADE FORA ORE PARTICULAR DESCRIPTION. TRACT TWO: BEING ALL OF BOAT SLIP NUMBERS 1541 ISM 122,IS69160 AND 61.,OF WATERFRONTE VUAwAS AND YACHT CLUB AS SHOWN ON OF SAME RECORDED IN MAP BOOK50,AT PAGE 509 AND REVISED MAP BOOK 50,AT PAGE 165 OF THE NEW HANOVER COUNTY RZOSTRY, REFERENCE TO WHICH IS HEREBY MADE FORA MORE PARTI DESCRIPTION. TRACT THREE: BEING ALL OF BOAT SLIP NUMBER 24 OF WATERFRON'TEkAMDYACHT CLUB AS SHOWN ON MAP OF SAME RECORDED IN46, AT PAGE 73 OF THE NEW HANOVER COUMNREFERENCE TO WJUCH IS HEREBY MADE FORA MORE P DESCRIMON. RECEIVED SEP 10 2015 0 r-m Zm < o �oc O z