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HomeMy WebLinkAbout132-05 TX 08/2019 Permit Class Permit Number TRANSFER 132-05 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ermit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Wayfarers Cove Marina & Beach,LLC., 4996 Indiana Avenue,Winston-Salem, NC 27106 Authorizing development in Pamlico County the Neuse River, off SR 1121 (Bennett Rd.), Wayfarers Cove Marina, Arapahoe, as requested in the permittee's application letter dated 6/20/19. This permit, issued on August 6,2019 , 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. 1) This transfer must be attached to copies of the following permit documents,which includes all application forms and workplan drawings: a. The Minor Modification issued on 4/25/08; b. The Renewal issued on 2/18/84. 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. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty(20)days of the issuing date. of the Coastal Resources Commission. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. r4rol_t� v, I' Any maintenance work or project modification not covered Braxton 4,.t avis, Director hereunder requires further Division approval. Yf__ Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. t 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 Wayfarers Cove Marina & Beach LLC. Permit# 132-05 Page 2 of 2 ADDITIONAL CONDITIONS Maintenance Clause 3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross-hatching indicating the area to be maintained, the area to be used for spoil disposal,and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No. 2005- 11690. NOTE: A transfer application processing fee of$100 was received by DCM for this project. ROY COOPER Governor MICHAEL S. REGAN Secretary Coastal Management BRAXTON C. DAVIS ENVIRONMENTAL QUALITY August 7, 2019 Director Wayfarers Cove Marina & Beach LLC c/o Tom McCary 4996 Indiana Avenue Winston-Salem, NC 27106 Dear Mr. McCary: 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 150E 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 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: �p ► Permit#: l 32-cis "W'6 MAILING DISTRIBUTION SHEET Permittee: C//ovG Agents: f�/„�s ,, -�q�� J G �2 7<0(0 DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington I�GwN l� Wilmington US ACOE Offices: Washington: Raleigh Bland(Beaufort,Camden,Chowan,Craven,Hertford,Hyde,Perquimans, Tyrrell) Josh Pelletier(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/Sharon Gupton State Property: Tim Walton/Mike Moser DEMLR/DWR: Shelton Sullivan 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# ROY COOPER Garrror 1C. MICHAEL S. REGAN secretary Coastal Management BRAXTON C. DAVIS D1reC70r' ENVIRONMENTAL QUALITY MEMORANDUM DATE: June 26, 2019 TO: Gregg Bodnar THRU: Roy Brownlow FROM: Brad Connell SUBJECT: Wayfarers Cove Marina& Beach, LLC and State Permits #109-84 &#132-05 Please find correspondence enclosed dated June 20, 2019 from Mr. Tom McCary requesting a permit transfer. State Permits #109-84 & 132-05 were issued to JOB Holdings, LLC for the construction of a marina and excavation adjacent to the Neuse River at 1107 Bennett Road, in Pamlico County. The permits are set to expire on December 31, 2019. The ownership of the property has changed over to Wayfarers Cove Marina& Beach, LLC. The new owner wishes to transfer the permits into their name with no change of use, nor change in the approved plans. I would recommend that State Permits #109-84 & 132-05 be transferred to Wayfarers Cove Marina & Beach, LLC. A check in the amount of$200 has been received in order to process the request. 5 y�lin�r �lc� `��tS dog u/ulr�3 Rem(/Tx `44t3/Ro %'Nothing Comp f hCarokia 1 EnvironmentalQL Mice; 400 Commerce Avenl 'Nq q/Co 252 808 2808 W(� 2019-07-19 11 :42 Wafarers Cove 252 249 0504 >> P 2110 Wayfarers Cove Marina and Beach, LLC 1107 Bennett Rd WAYFARER OV-, Minnesott Beach, NC 28510 US MRIrta � &tea x 4 June 20, 2019 Mr. Brad Connell North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557 Re: Change of Ownership Dear Brad: Per our conversation yesterday,this is notification that there has been a change of ownership at Wayfarers Cove. The ownership of the property as changed from JOB Holdings, LLC to Wayfarers Cove Marina & Beach, LLC. The new owner wishes to transfer the 2 below listed permits to the new name with no change of use. A) Permit#109-84. Maintenance dredging permit. (See enclosed) B) Permit#132-05. Major development permit. (See enclosed) Please make the changes on both and re-issue both to Wayfarers Cove Marina&Beach, LLC,4996 Indiana Avenue,Winston-Salem, NC 27106. Enclosed is copy of deed and check for$200. Once these have been issued, I will apply to extend both permits from the current expiration date of December 31, 2019 to December 31, 2024. If you have any questions, please call me at 252-249-0200. Thank you. Regards, Tom W. McCary, General Manager,CMN1 Wayfarers Cove Marina &Beach, LLC twm @ wayfa rerscove.com RECEIVED E® JUL 1 9 2019 FAIP SECTION MHD 2019-07-19 11 :42 Wafarers Cove 252 249 0504 >> P 4/10 Av JOJ:•.`fi':!N>W.Y. �rbOC4b�`04bF'<dfi�i-0P004+`H Permit Class Permit Number s RENEWAL 109-84 TRANSFER STATE OF NORTH CAROLINA r MAINTENANCE-5 Department of Environment and Natural Resources and S Coastal Resources Commission a it JUL 1 9 2019 fi3permit for in S,ECT10N MH X Major Development in an Area of Environmentaloneern pursuant to NCGS 113A-118 ' f 4 X Excavation and/or filling pursuant to NCGS 113-229 Issued to JOB Holdings,LLC, 1107 Bennett Road,Arapahoc,NC 28510_ Authorizing development in Pamlico County at the Neuse River.Alligator S out , as requested in the permittee's letter dated 1 1/10/14 Yt ll 4 This permit, issued on February 25,2015 , is subject to compliance with the application (where consistent x with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may s Ybe subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) This Transfer/Renewal shall be attached to copies of the following attached permit documents,which includes all application forms and workplan drawings, a. Permit 109.84, issued to Keith A. Wolfenbarger,on 6/18/84 X b. The minor modifications issued on 4/12/85,422/88, and 520/88 e. The Major Modification issued on 8/13/07 > 2) All conditions and stipulations of the active permit remain in force under this renewal. Y Maintenance Isuse 3) The Division of Coastal Management shall be notified in writing at least two(2)weeks in advance of any maintenance work authorized by this permit and that notification include: t A. The number of the original permit B. A statement that no dimensional changes are proposed C. A copy of the original permit plan(s)with cross-hatching indicating the area to be maintained and the area to be a used for dredge spoil,and the estimated amount of material to be removed. "$ D. The date of plan revision and the permittcc's signature shown anew on the original plan This permit action may be appealed by the permittee or Signed by the authority of the Secretory of D$N[Z and the ' other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or a continuance as the case may be. This permit shall be accessible on-site to Department 1 personnel when the project is inspected for compliance. d,�) Braxton C. Davis, Director Any maintenance work or project modification not coveredivision of Coastal Management S hereunder requires further Division approval_ All work shall cease when the permit expires on This permit and Its conditions are hereby accepted. <: December 319 2019 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal fi Management Program. Signature of Pcrmittcc ,.n\�`�.`t Y/`>Yr:!K2�.6%Y:•C?^0•LF40Lt'Y`^.A-WY.�"�VSI:�aSa>J:JV{.�:.:.YiO fIO:A>lwV.-IO.JtCA\a<!r:!�'>\:..aJil'.'./.•:�`aX.:O}YT'i^�C':��.i/.�..'/�}6C�Y-:.6C(.V(!^.A-'T•iV/.0:�:{-YK�-a?54?S�tWR!:�+A'.: 2019-07-19 11 :42 Wafarers Cove 252 249 0504 >> P 5/10 Permit Class Permit Number x RENEWAL I32-05 a: TRANSFER STATE OF NORTH CAROLINA MAINTENANCE-5 Department of Environment and Natural Resources RECEIVED and Coastal Resources Commission JUL 1 9 2019 ikrtntt fr Y X Major Developmenti n an Area of Environmental ChI&SECTION M ]D pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to JOB Holdings,LLC, 1107 Bennett Road,Arapahoe,NC 28510 •� h Authorizing development in Pamlico County at adj. to Neuse River, off SRl 121 (Bennett 3 Rd..) Wayfarers Cove Marina,Arapahoe , as requested in the permittee s letter dated _11/10/14 J This permit, issued on February 25,2015 , is subject to compliance with the application (where consistent f with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may c x be subject to fines, imprisonment or civil action,or may cause the permit to be null and void. r. i 1) This Transfcr/Rcncwal shall be attached to copies of the following attached permit documents,which includes all application Y forms and workplan drawings: a. Permit 109.84, issued to Wayfarers Cove, for Minnesott Beach Holdings,LLC,on 8/22/14 t b. The minor modifications issued on 4/25/08 L' 2) All conditions and stipulations of the active permit remain in force under this renewal. Maintonanco ClauAa �• 3) The Division of Coastal Management shall be notified in writing at least two(2)weeks in advance of any maintenance work e authorized by this permit and that notification include: A. The number of the original permit fi B_ A statement that no dimensional changes are proposed Y C. A copy of the original permit plan(s)with cross-hatching indicating the area to be maintained and the area to be 4 used for dredge spoil,and the estimated amount of material to be removed. D. The date of plan revision and the permittee's signature shown anew on the original plan z �• ..k k Thi3 permit action may be appealed by the permitter or Signcd by the authority of the Secretary of DENR and the p other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. :> date. An appeal requires resolution prior to work initiation or continuance as the case may be. g AThis permit shall be accessible on-site to Department �� •► '�' o !J personnel when the project is inspected for compliance. 6 i—Al> raxton C. Davis, Director f Any maintenance work or ro ect modification not covered hereunder requires further Division approval. vision of Coastal Management All work shall 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 NoRh Carolina Coastal >. I Management Program. Signature of Permittee )YC w.o0o-lvao�,OOO:000:olao0oo�000.K��1y�>�Y1'pye�,i;.t�,.y�.�w�.7-tl.aP'-x-rA.�14`rPn'•o<4Fi^�'s+.M•'�„Y`!.�..,.'v.w,pr.s.,✓.v�..�.:c+.sY�.[avwfOafq./rf✓,!�1Y>W/.'�+�C44P�Ks^N,vY�^� 2019-07-19 11 :43 Waferers Cove 252 249 0504 >> P 6/10 Type: CONSOLIDATED REAL PROPERTY Recorded: 5/20/2019 4:04:24 PM CEI VE Fee e $2,501 Page 1 of Revenue Tex: $2,475.00 Pamlico,NC Lynn H. Lewis Register of Deeds JUL J BK 648 PG 574 - 578 M P SECTION MHD Exr:isc Tax:s �?A{15.0 0 Parcel Identifier No. Mail after recording to: rh._ ra.ndt U2,cJ- Hf;L f>w1d�mpry�. 1, She.., -4 >'Y ►ri, UP This instrument was prepared by: Kilpatrick Townsend&Stockton LLP(EWQ)without title examination Brief doscriptioo for the Index: 40.735.Acres. Minnesott Beach.Pamlico County NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED made as of this day or in 2019,by and between GRANTOR GRANTEE JOB HOLDINGS,LLC, WAYFARERS COVE MARINA AND a North Carolina limited liability company BEACH,LLC, a North Carolina limited liability company 1401 Dalon Road Atlanta, GA 30306 4996 Indiana Avenue Winston-Salem,NC 27106 Enter in appropriate block for each parry:name,addreu,and,if appropriate,character of entity,e.g.,corporation or parmership. 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. WITNESSETH, that the 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 Grantee in fee simple, all that certain lot or parcel of land situated in the-City/Town of Minneson Beach, Pamlico County,North Carolina, and more particularly described as follows: SEE EXHIBIT A ATTACHED HE, AND MADE A PART HEREOF Submitted electronically by "Hatfield, Mountcastle, Deal, vanzandt b Mann, LLP" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Pamlico county Register of goods. US2008 15411020 1 Book:648 Pago:574 Page i of 5 2019-07-19 11 :43 Wafarers Cove 252 249 0504 >> P 7/10 None of the property herein conveyed includes the primary residence of a Grantor. 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 Grantor covenants with Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons elahning by,under or through Grantor, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: See Exhibit B attached hereto and incorporated herein by reference. (Remainder of Page Intentionally Omitted) RECEIVED JUL 1 a i�Un US2008 15411020 1 Book;848 Page:57a Page 2 o15 2019-07-19 11 :43 Wafarers Cove 252 249 0504 >> P 8/10 IN WITNESS WHEREOF, Grantor has caused this instrument to be duly executed, the day and year first above written. GRANTOR: JOB HOLDINGS,LLC, a North Carolina limited liability company BY: '•� Alan kuniiaris y,Manager STATE OF 6emn is COUNTY OF fln I certify that the following person(s)personally appeared before me this day, and ❑ I have personal knowledge of the identity of the principal(s) 2r I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a r(ems L►r c..so ❑ A credible witness has sworn to the identity of the principal(s); each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Alan Kunianskv, a_s_M_ana er of Job Holdings,LLC Datc: S��-`ax, — —Q� — Notary Public (print name) %%111 1 10//, Aq (official sea]) My commission expires: X n - ----- ' 'r— f'' OpL p N _ G gjBoc,0. • Q COUNN.G���� E�E IV E D / JUL 1 o 20�9 F11P SECTION MHO US2008 15411020 1 Book:848 Poge:57a Pogo 3 of 5 2019-07-19 11 :44 Wafarers Cove 252 249 0504 >> P 9/10 EXHIBIT A LEGAL DESCRTMON Approximately 40.735 Acres, Nlinncsott Beach, Pamlico County,North Carolina, owned by JOB Holdings, LLC, more particularly described as follows: TRACT Otte: neginning at a point, it being the point of intersection of the eastern right of way line 01 N.C. S.R. #1121 (Bennett Place Road) and the northerz right of way line of Neuse River DXive, rnwcE 'from said point or place of beginning along Che easteza right of way line of N.C.S.R. #1121 North 34 degrees 19 mj.nut" 02 aeconds Bast 410 29 feet, North 33 degrees 52 minutes 34 seconds East 188 .21 feet, North 32 degrees 39 minutes 57 seconds East 101 . 24 feet and M>rtb 29 degrees 27 minutes -57 Seconds East 98.46 feet to a point; thence leaving said right of way lime South 55 degreas 46 mimut o 03 seconds- F_&At 640. S9 feet; thence South 31 degrees 10 minut s 38 seconds West 86 . 87 feet; thence South 69 degrees 25 minut s 39 seconds East 815.20 feet; thence South 30 degrees 25 mi•nut s 00 seconds West. 456 .77 feet, thence Norte 69 degrees 21 miwAt a 00 teConds Worst 121, 05 feet; thence South 22 degreas 05 m1nut s 00 seconds West 300.00 feet; thence South 07 degrees 19 miaut s 00 seconds west 1, 219.90 feet to the mean high water mark o* the Neuse Riverf thence NortA 32 degrees 28 minutes 27 secon6m West 3 4.91 feet; thence North 37 degrccz 41 minutes 46 seconds West 248 18 feet; thence North 48 degrees d8 minutes 16 Seconds West 190 12 feet; thence North 41 degrees 54 minutes 53 seconds East 330 53 feet; thence North 40 degrees 54 minutes 97 seconds West 502 44 feeti thence North 27 degrees 59 minutes 22 eeeonds West 273 58 feetj thence North 39 degrees 12 minuLe5 .10 seconds Weet 564 . 17 fQQt to th© paint of beginning, containin47 40 .735 acres, more or less, in accordance with a survey for Minnesott Seach Holdings, LLC by Atlantic Survey & Design, dated x&y 20, 20 4, reference to whidh i3 hereby made. AS AN APPURTENANCE to the above described lot there is -conveyed herewith a perpetual, non-exclusive easement for ingress, egress and regress over and along Neuse River Drive. TUCT TWO. Tha certain easement, as described in the deed recorded irr Book 00 at Page 152 of the Paml:.co County Registry and being designated ws •Hatchad Area 1. 620 Aor® Zamcment Aroa° on the map referred to anove. TRACT THREIE: Th�t certain easement recorded in Book 295 at Page 903 of the Pamli Coux.t-y Registry. t ' Th se certain easements described in the Deed of Easement recorde in Book 200 at Page 127 of the Pamlico County Registry. 3~ L 6E lad JUL 1 7 inj� Us2008 t 5a t 10201 Book;048 Pogo:574 Page 4 015 MP SECTION MHD 2019-07-19 11 :44 Wafarers Cove 252 249 0504 >> P 10/10 EXHIBIT R 1. Taxes or assessments for the year 2019, and subsequent years,not yet due and payable. 2. Matters shown on plat recorded in Plat Cabinct A, Slidc 80-5. 3. Covenants, Conditions and Restrictions recorded in Book 466, Page 565. 4. Easements recorded in Book 200, Page 153,Book 295,Page 903 and Book 200, 127. S. Rights of others in and to the continuous and uninterrupted flow of the waters bounding or crossing the land and riparian and/or littoral rights incident to the land. 6. Easement in favor of the South Lakes Property Owners Association to go over and upon said parcel for repair and maintenance of the South Lake Dam. CEIVED JUL 1 9 ?01g SECTION MHD US2008 15411020 1 Book:648 Pago:574 Pogo 5 of 5