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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 �l 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 's tnc�rtw ry WATERFRONTE VILLAS - MARINA(ADDITIONAL SLIPS) ^AMR WA1rRlRQ'!IF DCYAOPY(Nr LLL q e w br,s nrm a r.Aar 1 PAItICX,NC 2760t f0 va zn, OAR AIL'11, � wArelxa*cHw,s / J Rrc nxWNY A S�1�5 w ARE rrAAIX rRctl`. - - Y..AI ro.Rt `; ry n 1 11 ' ( 1 �• " N ' "' ! rx[nrdwn aANS Nol uxsrr.+cr[o, r ,I f, I I I II. i i MYRTLE GROVE SOUND n _-_ � ��i _,_•_.} .s''�y r ~r'� k- j d). J �'- iy ' .... >,, -� s;P3 II»Il roliw lj•'tl`II".li er 11,•.li rr li,+i(r ' ," I," -- I i ,•! roNxAti. a 1 i ;i.._ >\ `�- N i& !'�)i_J[. .'•L.)l-il.)`^��'�Q,`N, 1L. ��_ -_�A eea 212 M ;.. ' iL__•i _+t ul .r lj•.it rs{I^il"{i"II ! 'Ijod nl sr II.+p..hMh I ' It, ! I SPENCER FARLOW I a n I I n n •H-I I ,i is 11�I'kll li {I rz .I'•.f .-_) i� 1 L' r _ • -. _ r6eB I`B�. `i� �� J: ! /I. /\ �\� I� 1� /.. I• ! ham' " r�I (�(1( 1(:!� _ �( " 1(.I!ill (.�I• MYRTLE GROVE SOUND 7•s! . e I J _ YLMM.■ " "- (` I r. I I , !I II " I J I'iI I . l 'L ! 4 __' U U . MANOVER OESION SERVICES.PA. . .,.anwx<N rrs,xn. r""' �,x rr_ v agro M..A ra .e y. x. zre: -.nr..r•� Tpp[1eoK fru 'T 50 Ar.r-0rdrA B;dlob�,Y'}3 f"" FiW:•UVSt?3 y'f,%1:1'LA�-- !'��1/(� •.SEL.Y'i.Y.0 -?fZj'f(r RECENED AUG (i� 2U15 RECEIVED DCM WILMINGrON,NO JUL 2 7 2015 . 7�n zeeseis799 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 0 �+: YARy'' �'- My commission Expires: 09/23/2012�10 z' �•� iciE pllBl.10 y9... RECEIVED AUG 0 6 1015 RECEIVED DCM WILMINGTON, NC JUL 2 7 2015