HomeMy WebLinkAbout84-05 TX 10/2015 Waterfronte Villas Yacht Club Owner's Assoc. Permit Class ti Permit Number
TRANSFER 84-05
STATE OF NORTH CAROLINA
Department of Environmental Quality
and C�A
Coastal Resources Commission
permit
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 at adj. to the AIWW& Carolina Beach Yacht
Basin, Spencer-Farlow Dr., Carolina Beach, as requested in the permittee's application letter dated 07/16/15,
This permit, issued on October 15,2015 , 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.
1) This transfer must be attached to copies of the following attached permit documents,which A1e�d�e,a - VE
application forms and workplan drawings: II��CG ter✓�C V G
a. Permit No. 84-05, issued to Waterfronte Development,LLC,on 07/08/05; NOV 12 2015
b. The Major Modification issued on 6/9/06;
c. The Minor Modification issued on 02/22/12; DC M- M H D Cir
d. The Renewal/Maintenance-5 issued on 01/28/14.
2) Copies of all referenced documents shall be readily available on site when a Division representative inspects
the project for compliance.In accepting this transfer,the new permittee agrees that all conditions and
stipulations of the active permit remain in force.
NOTE: A transfer application processing fee of$100 was received by DCM for this project.
This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the
qualified persons within twenty(20)days of the issuing date. Chairman of the Coastal Resources Commission.
r
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 BraxtoWCDavis, 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. Un 2/'l&5 Come ron) r+e1 cn-i- Signature of Permittee
aSSOCla'-lOn
North Carolina Department of Environmental Quality
Pat McCrory Donald R. van der Vaart
Governor Secretary
October 19, 2015
Waterfront Villas&Yacht Club Owners Assn.
Attn: A.D.Nigro
100 Spencer-Farlow Dr.
Carolina Beach,N.C. 28428
Dear Sir or Madam:
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 fully 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.
ncerely,
v
Douglas V. Huggett
Major Permits and Consistency Manager
N.C. Division of Coastal Management
Enclosure
400 Commerce Ave.,Morehead City,NC 28557
Phone:252-808-28081 FAX:252-247-3330 Internet:www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—Made in part by recycled paper
DCM Coordinator: S(rowS Permit#: LN-b S
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MAILING DISTRIBUTION SHEET
PermiteO. WoLfNf0t t- Vi I laCW (CAS (MVr!5( ;Q a4M evi {� ( . ,L�. ��Cle/�r
duo SPehGt,�—�a,Yiow�►'• CarO(�na f3�ac�, NG ?��Z�
Agents:
DCM Field Offices
Elizabeth City (with revised work plan drawings)
Morehead City
Washington
Wilmington
US ACOE Offices:
Washington: Raleigh Bland
William Westcott(NC DOT)
Bill Biddlecome (NC DOT)
Wilmington: Tyler Crumbley
Liz Hare
Cultural Resources: Renee Gledhill-Early
Public Water Supply: Diane Williams (WIRO)
Joey White (WARO)
DCM/ Shane Staples
Fisheries Specialist Gregg Bodnar
NC DOT: Ken Pace
DMF/ Patti Fowler
Shellfish Sanitation: Shannon Jenkins
State Property: Tim Walton
Water Resources: Karen Higgins (Raleigh)
John Hennessy(NC DOT)
Washington: Anthony Scarbraugh-401
Wilmington: Joanne Steenhuis —401
Chad Coburn-401
DEMLR
Washington: Scott Vinson-Stormwater
Wilmington: Georgette Scott- Stormwater
Wildlife Resources: Maria Dunn
LPO:
Fax Distribution: Permitee#:
Agent#:
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT,CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON,NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF:
29 September,2015
Regulatory Division
Action ID No. SAW-2005-9988966, General Permit No. 1978000291
State Permit No. 84-05
Waterfronte Villas and
Yacht Owners Association
Attn: Mr. A. D.Nigro
100 Spencer Farlow Drive
Carolina Beach,North Carolina 28428
Dear Mr. Nigro:
Through coordination with the North Carolina Division of Coastal Management we have
learned of the request to transfer the Department of Army permit, originally issued to
Waterfronte Development, LLC,to Waterfronte Villlas and Yacht Club Owners Association.
This permit authorizes excavation and a docking facility at 100 Spencer Farlow Drive, adjacent
to the AIWW and Carolina Beach Yacht Basin, in Carolina Beach,New Hanover County,North
Carolina. Coordinates are: 34.05614-N,-77.8908-W.
The proposal continues to be consistent with the provisions and objectives of general permit
No. 1978000291 (enclosed). The permit is hereby transferred. It is understood that all other
conditions of your permit remain applicable and the permit will expire December 31, 2016.
Questions or comments may be addressed to me at the Wilmington Field Office,Regulatory.
Division, at telephone(910)251-4170.
Sincerel
Tyler Crumbley,Project Manager.
Enclosure: RECEIVED
GP 291 conditions
OCT 0 2 2015
DCM- MHD CITY
-2-
Copies Furnished(without enclosure):
Ms. Tara MacPherson
Division of Coastal Management
North Carolina.Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington,North Carolina 28405
Mr. Doug Huggett
North Carolina Department of
Environment and Natural Resources
Division of Coastal Management
400 Commerce Avenue
Morehead City,North Carolina 28557-3421
Ms. Karen Higgins
Division of Water Resources
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh,North Carolina 27699-1650
Mr. Chad Coburn
Division of Water Resources
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington,North Carolina 28405
AGA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
MEMORANDUM
TO: Doug Huggett
Major Permits Section Coordinator, Morehead City
FROM: Tara MacPherson
Field Specialist, Wilmington
THRU: Debra D. Wilson i J
District Manager, Wilmington
DATE: July 27, 2015
SUBJECT: Request for Transfer of State Permit No. 84-05
Waterfront Development, LLC to Waterfronte Villas and Yacht Club Owners Association
New Hanover County
Mr. A.D. Nigro, Secretary for the Waterfronte Villas and Yacht Club Owners Association, is requesting
transfer of State Permit No. 84-05, originally issued to Waterfronte Development, LLC on July 8, 2005 for
excavation and a marina docking facility. State Permit No. 84-05 was renewed with a maintenance clause on
January 28, 2014 and is due to expire on December 31, 2019.
On July 27, 2015, Mr. Nigro submitted the transfer request and fee (check no. 1703), to this office.
This office has no objections to the transfer of State Permit No. 84-05. A copy of the deed is included
with this request.
Enclosures
cc: WiRO File
Tyler Crumbley, USACE
Chad Coburn, DWR
RECEIVED
AUG 0 0 1015
N.C.Division of Coastal Management
127 Cardinal Drive Ext.,Wilmington,NC 28405
Phone:910-796-7215\FAX:910-395-3964
Internet:www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
July 16, 2015
Tara MacPherson/Robb Mairs
NC Divison of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Waterfronte Development, LLC requests the major development permit 84-05, which expires on
December 31, 2019, be transferred to Waterfronte Villas and Yacht Club Owners Association.
Waterfronte Villas and Yacht Club Owners Association will use the permit for the purposes for
which it was issued with no substantial change in conditions or modification of the project as
proposed. A copy of the marina deed is enclosed as required to affect the requested transfer.
Enclosed is check for$100.00 for processing the transfer request. If any other information is
required to process this request please contact A.D Nigro below.
Thank you.
Stewart Pittman
Waterfronte Development, LLC
P.O. Box 284,
Wrightsville Beach, NC 28480
A.D.Nigro, Secretary
Waterfronte Villas and Yacht Club Owners Association
100 Spencer Farlow Dr.
Carolina Beach, NC 28428
anigro@ec.rr.com
910-794-1620
Enclosures:
(1) Waterfronte common area/marina deed dated May, 26, 2009
(2) Survey of units and boat slips filed for registration August 8, 2006
(3) Check for$100.00 processing fee
RECEIVED
AUG 0 4 2015
71
RECEIVED
DCM WILMINGTON, NC
JUL 27 2015
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aFoR REGISTRgTION
c4WR REG757ER OF OEM;
Y 27
BK:5409�316--3 6�F s1.00
16TM1 2"18191
Prepared by: Joseph C.Hearne,11 Preparer of this document has made no title
P.O.Drawer 179 examination and makes no representations or
Wilmington,NC 28402 certifications as to any matters affecting title.
Return to: Joseph C.Hearne,11 prepared By And
Return Ib
Excise Tax: $0.00 Parcel ID R08806-004-008-000 J.C,Heame,H
Brief description for the index:
Common Area-Waterfronte Villas Section III
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED,made this � of May,2009,b and between
GRANTOR GRANTEE
Waterfronte Development,LLC Waterfronte Villas Owners'
A North Carolina limited liability Association,a North Carolina
company nonprofit corporation
Mailing Address:
c/o Dave Swyer,Jr.
1630 Military Cutoff Road Suite 108
Wilmington NC 28403
The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors,
and assigns,and shall include singular,plural,masculine,feminine or neuter as required by context.
W ITNESSETH:
WHEREAS the map for Waterfronte Villas Section III, Lots 101 through 106, was
recorded on March 17,2005 in Condominium Plat Book 47,Pages 257-258.
THAT Grantor,for a valuable consideration paid by the Grantee,the receipt of which is
hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the RECEIVED
Grantee in fee simple,all that certain lot or parcel of land situated in New Hanover County,North
Carolina and more particularly described as follows: AU6 0 6 2015
Being each and all of those certain areas designated as"COMMON AREAS"as UL40--twr'',
shown on the map of Waterfronte Villas Section III,Lots 10I through 106 as the
same is shown on a plat or plats thereof recorded in Condominium Plat Book 47 at
Page 257-258 of the New Hanover County Registry. '
WHEREAS it is the intent of this deed to convey all right, title and interest in this
property as COMMON AREA for the common use,benefit and enjoyment of all members of
the Waterfronte Villas Owners'Association,and that it be exempt from taxation pursuant to
N.C.G.S.105-277.9. RECEIVED
DCM WILMINGTON, NC
The property hereinabove described was acquired by Grantor by instrument recorded in Book
4480 at Page 471 of the New Hanover County Registry. J U L 2 7 2015
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 fee
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 whomsoever 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 covenants of record,if any.
4. Ad valorem taxes for 2009 and subsequent years.
IN WITNESS WHEREOF,the Grantor has hereunto set his hand and seal,or ifcorporate,
has caused this instrument to be signed in its corporate name by its duly authorized officer by
authority of its Board of Directors,the day and year first above written.
Waterfronte Developme LC
By: Seal
F.Stewart Pittman,Me ber/Manager
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I,Estelle C. McClurg, a Notary Public of the County and State aforesaid, certify that F.
Stewart Pittman before me this day and acknowledged that he is Member/Manager of Waterfronte
Development,LLC and that by authority duly given and as the act of the corporation,the foregoing
instrument was signed in its name by its Member/Manager.
Witness my hand and official stamp or seal,this 6& day of 2009.
ti ,9 Estelle C.McClurg,Notary Public
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RECEIVED
AUG 0 6 1015
RECEIVED
DCM WILMINGTON, NC
JUL 2 7 2015