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HomeMy WebLinkAbout42-05 Minor Mod. 12/2014 Sunset Beach Holdings, LLC Permit Class Permit Number MODIFICATION/MINOR ` r 42-05 �TATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission eL mit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Sunset Beach Holdings,LLC,2120 Sea Mountain Hwy. Suite 1200,North Myrtle Beach, SC 29582 Authorizing development in Brunswick County at Cape Fear River, off of River Road , as requested in the permittee's letter dated 10/6/14, including the attached workplan drawing (1) dated 9/23/14 This permit, issued on December 16,2014 , 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) Unless specifically altered herein,this minor modification authorizes the installation of the 4" sanitary sewer line and the relocation of the roadway turnaround, all as expressly and specifically set forth in the attached workplan drawing. 2 This minor modifi cation shall be attached to the original of Permit No. 42-05, which was transferred to the permittee on 11/20/14, and copies of both documents shall be readily available on site when Division personnel inspect the project for compliance. 3) All conditions and stipulations of the active permit remain in force under this minor modification unless 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. This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR 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. l/ Any maintenance work or project modification not covered Braxt C. avis, 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 31,2016 ` 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 A�� w��� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary December 17, 2014 Sunset Beach Holdings,LLC 2120 Sea Mountain Hwy., Suite 1200 North Myrtle Beach, S.C. 29582 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. Sincerely, Douglas V.Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue,Morehead City,NC 28557 Phone:(252)808-2808\Internet: htty://iportal.nedenr.or2/web/cm/ An Equal Opportunity 1 Affirmative Action Employer—Made in part by recycled paper DCM Coordinator: Permit#: c MAILING DISTRIBUTION SHEET Permitee• Agents: DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington ilmington HIS US ACOE Offices: Washington: Raleigh Bland Wilmington: T ler Crumbley Cultural Resources: Renee Gledhill-Early or(environmental.review@ncdcr.gov) Public Water Supply: Diane J. Williams (WIRO) Joey White(WARO) NC DOT: Ken Pace Shellfish Sanitation: Patti Fowler State Property: Tim Walton Water Resources: Karen Higgins (Raleigh) John Hennessy(NC DOT) Washington: Anthony Scarborough Wilmington: Joanne Steenhuis—401 a Coburn:4 Lin s - Stormwater Wildlife Resources: Maria Dunn(WARO) LPO: Fax Distribution: Permitee#: Agent#: NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory John E. Skvarla III Governor Secretary MEMORANDUM TO: Jonathan Howell Major Permits Section � FROM: Holley Snider iti Field Representative,Wilmington THRU: Debra Wilson 011 District Manager,Wilmington DATE: October 14, 2014 SUBJECT: Permit Modification Request Sunset Beach Holdings, LLC-CAMA Major Permit No.#42-05 Sunset Beach, Brunswick County Mr. Richard Mace Watts on behalf of Sunset Beach.Holdings, LLC is requesting a minor modification of State Permit#42-05. CAMA Major Permit#42-05 was originally issued to Tidal Ventures on March 23, 2005 for the development of the Riverside Subdivision adjacent to the Feeder Canal and Jinks Creek in the Town of Sunset Beach, Brunswick County. State Permit#42-05 received a major modification on June 27, 2007 to extend the access road, install utilities and a storm water infiltration system and a boardwalk. CAMA Major Permit#42-05 was due to expire on December 31, 2012 and was subject to extension by the Session Law 2009-406, and as amended by Session Law 2010-177,the Permit Extension Act, therefore,was due to expire on July 5,2014. On January 21,2014 the permit was renewed and modified to include a boardwalk,observation platform and access pier. The permit is now due to expire on December 31, 2016. A request to transfer the permit from Tidal Ventures to Sunset Beach Holdings, LLC was submitted on September 23, 2014 and is pending approval. Mr.Watts is requesting that the permit be modified to install a 4 inch sanitary sewer line within the existing utilities easement on the south side of the approved roadway. The permittee is also requesting that the roadway turn around area be relocated with no increase in impervious area proposed. As proposed the development would be located landward of the 30 foot Coastal Shoreline Buffer. Portions of the utilities easement and sewer pipe would be located within the 75 foot Estuarine Shoreline area of environmental concern. The proposed modification is in keeping with the spirit, purpose and intent of the original permit. The agent has submitted check#5013 in the amount of$100.00 for the processing of the modification request This Office has no objection to the permit modification request. By copy of this memo, DCM is requesting that the USACE, DWR and DCM/Fisheries Resource Specialist, etc (whichever is applicable) provide any comment that your agency may have on the proposed project to Jonathan Howell of DCM's Morehead City office within 10 days of receipt of this memo. Enclosures RECENED CC: Tyler Crumbley, USACOE Dan Sams, NCDEMLR OCT 20 2014 W 1 42-o DCM-MHD CITY 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 Sunset Beach Holdings, LLC c/o Richard M. Watts,Jr. Sea Mountain Highway, Suite 1200 North Myrtle Beach, SC 29582 October 6, 2014 Modification and Renewal of CAMA Major Permit#42-05 To Whom It May Concern, CAMA Major Permit #42-05 was issued to Tidal Ventures, LLC for the developments of a residential subdivision located along Riverside Drive adjacent to a man-made canal within the Town of Sunset Beach. Permit #42-05 authorized the establishment of the Riverside Drive subdivision, to include the construction of an access road, associated grading, utilities and storm water system installation, boardwalk, and an access pier.A request to transfer ownership of the permit made in September 2014 is currently pending. I am requesting that the permit be modified to include the installation of a 4 inch sewer line within the existing utilities easement. I am also requesting that the turnaround area located on lots 90-93 be modified.There is no increase in impervious area proposed and all modification would be landward of the 30 ft. buffer. Please see attached drawing from East Coast Engineering & Survey dated 9-23-14. 1 thank you for your time and consideration. Sincerely, RECEI U •�) DCM WILMINGTO. �Yrtir O C T o 7 2014 Richard M. Watts,Jr. Sunset Beach Holdings, LLC Managing Partner RECEIVED OCT 24 7014 DCM-ice CPY NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary October 14,2014 Brunswick Environmental Action Team c/o Janice Harris 109 Dogwood Circle Butner, NC 27509 Dear Mrs. Harris, This letter is being sent to inform you that Richard Mace Watts,Jr., on behalf of Sunset Beach Holdings, LLC, has applied for a minor modification to CAMA Major Permit#42-05. CAMA Major Permit#42-05 was originally issued to Tidal Ventures on March 23, 2005 for the development of the Riverside Subdivision adjacent to the Feeder Canal and Jinks Creek in the Town of Sunset Beach, Brunswick County. The Brunswick Environmental Action Team filed and was granted a petition for a third party appeal. The contested case was heard and ultimately a final agency decision was made on March 23, 2006 affirming the issuance of CAMA major permit#42-05. The permit received a major modification on June 27, 2007 to extend the access road, install utilities and a storm water infiltration system and a boardwalk. CAMA Major Permit#42-05 was due to expire on December 31, 2012. This permit was subject to extension by the Session Law 2009-406, and as amended by Session Law 2010-177,the Permit Extension Act, the permit was due to expire on July 5, 2014. On January 21, 2014 the permit was renewed and modified to include a boardwalk, observation platform and access pier. The permit is now due to expire on December 31, 2016. A request to transfer the permit from Tidal Ventures to Sunset Beach Holdings, LLC was submitted on September 23, 2014 and is pending approval. Sunset Beach Holdings, LLC has requested a minor modification of the permit for the installation of a 4 inch sanitary sewer line within the existing utilities easement located on the south side of the approved roadway from Lot 93 extending west to North Shore Drive East. Sunset Beach Holdings, LLC has also requested that the turnaround area of the road be relocated from Lot 93 to Lot 90. There is no new impervious area proposed and all of the proposed development would be located outside of the 30 foot Coastal Shoreline Buffer. Portions of the utilities easement and sewer pipe would be located within the 75 foot Estuarine Shoreline area of environmental concern. This letter of notification is not required by law, however given your past interest in this project,we are notifying you as a courtesy. I have enclosed a copy of the letter of request as well as the submitted site plan drawing as notification of the proposed modification. If you wish to file written comments or objections with the CAMA Major Permit section,you may submit them to: Jonathan Howell NC DCM-Assistant Major Permits Coordinator 400 Commerce Avenue Morehead City, NC 28557 If I can be of any further assistance to you in any way please do not hesitate to contact me by phone or email. cerely, RECEIVED Holley S ' er OCT 20 2011 Field Representative DCM-MHD CITY N.C.Division of Coastal Management 127 Cardinal Drive Ext.,Wilmington,NC 28405 Phone:910-796-7215\FAX:910-395-3964 Internet:www.ncooastalmanagement.net An Equal Opportunity'�Affirmative Action Employer