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HomeMy WebLinkAbout132-05 Minor Mod. 04/2008 MK4G•?:K^i�??C'0+r}PhO.KT04•.ti.;Cam^XN`.p+N^.°PC-04>C�h4':aBCC.p.+.'M044PY}}0.}}pP4i.�:�r�YX-0KVb6K-0K4�.K. 4:h-0.OS.OJOV-^.4dC4h0+tP-iCK.r..1.;r>.v^:.,..;...:W.Y:4rn'..}NPYo'}ti4C4P x Permit Class -. . Permit Number VIODIFICATIONA., IINOR ------ - � 132-05 � STATE OF NORTH CAROLINA r Department of Environment and Natural Resources and Coastal Resources Commission fVermtt 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 Wayfarers Cove,for Minnesott Beach Holdings, LLC, 1107 Bennett Rd., Arapahoe,NC 28510 Authorizing development in Pamlico County at adj. to Neuse River, off SR 1121 (Bennett Rd.), Wayfarers Cove Marina Arapahoe , as requested in the permittee's application dated 3/26/08 (MP-3), and the letters dated 3/10/08 and 3/18/08, including the attached workplan drawings(2), C8.0 and C8.1,both signed on 3/10/08. This permit, issued on April 25,2008 , 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. Upland Development 1) Unless specifically altered herein, this minor modification authorizes the change in upland development from condominium, town home, commercial complex to 93 single-family homes, clubhouse and tennis court, along with the associated changes in the roads an parking areas, and side walks, all as expressly and specifically set forth in the attached permit application (MP-3), letters, and workplan drawings. Any additional land disturbing activities and/or construction may require further modification of this permit. Contact a Division of Coastal Management representative at (252) 252-946-6481 for this determination. (See attached sheet for Additional Conditions) 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 Chai of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or — continuance as the case may be. 77 This permit shall be accessible on-site to Department James HItfegson, Director personnel when the project is inspected for compliance. Division of Coastal Management Any maintenance work or project modification not covered This permit and its conditions are hereby accepted. hereunder requires further Division approval. ''" All work shall cease when the permit expires on December 31,2008 Signature of Permittee LInissuing this permit, the State of North Carolina agrees our project is consistent with the North Carolina Coastal gement Program. o�bta-.:octao-aow�o-,!-:w--:wit*rxha:Nxtt-;accao-o-c-'-:-;n->-rb+.Caro+-ta�att.�.:�ractcto-o,oat-wa;-u�:tot�.w.aaooar-rrrrtarr:<w,gottaoa�ao-raa:aoaa�-;t-.-r:-taca.t-H:w-ac-}ao-o-ut wiyao-c=a.-�o-�o=attnctK Wayfarers Cove,for Minnesott Beach Holdings, LLC Permit# 132-05 f Page 2 of 2 :} ADDITIONAI. CONDITIONS Stormwater Management 2) The N.C. Division of Water Quality approved this modification under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW7050714 Mod. on 2/15/08. Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit. General 3) This minor modification does not authorize the development of any single-family homes. The permittee is hereby notified that individual lot owners shall be required to obtain the appropriate state permits, including but not limited to any permits required by the Division of Coastal Management, and/or any permits from the Division of Water Quality. NOTE: Future development of the permittee's property may require further modification of this permit. Contact a representative of the Division of Coastal Management at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that, in accordance with the rules of the Environmental Management Commission, many non-water dependent activities are not authorized within 50 feet of the normal water level or landward edge of any coastal wetlands, which ever is more restrictive. Contact the Division of Water Quality at(252) 946-6481 for project specific clarification. 4) This minor modification shall be attached to the original of Permit No. 132-05, which was issued on 8/22/05, and copies of both documents shall be readily available on site when Division personnel inspect the project for compliance. 5) All conditions and stipulations of the active permit remain in force under 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: During its October 2, 2007 meeting, the Minnesott Beach Planning Board approved the Preliminary Subdivision Plat for the Marina Village,Neuse River Yacht Club. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor James H. Gregson, Director William G. Ross Jr., Secretary April 25,2008 Wayfarers Cove Minnesott Beach Holdings, LLC 1107 Bennett Road Arapahoe NC 28510 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. Please sign both the original (buff- colored form) and the Xerox stamped "Copy". 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.Please retain the original (buff-colored form),as it must be available on site when the project is inspected for compliance. 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 if another qualified party submits a valid objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. 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 require 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 is to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. 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: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Permit# I-_-tea- D DCM Coordinator: r`" MAILING DISTRIBUTION i� Permitee: Agent: DCM Field Offices: Elizabeth Cit IVV ore ead_C Washington iDaL• y� i rrun US ACOE Offices: Washingto n: aleigh Bland - Scott one William Westcott(NC DOT) Bill Biddlecome(NC DOT) Wilmington Dave Timpy Cultural Resources: Renee Gledhill-Early Public Water Supply: Debra Benoy(WIRO) Fred Hill (WARD) Marine Fisheries: Anne Deaton NC DOT: Ken Pace Shellfish Sanitation: Patti Fowler State Property: June Michaux Water Quality: C ndi Karoo John Hennessy(NC DOT) \ ashington: Vivian Christ Wilmington: Ed Beck Wildlife Resources: Maria Dunn(WARO) Molly Elwood(WIRO) LPO: Fax Distribution: Permitee# 64 6e� ll�j n 9io 2Z30 Agent#: Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND:DEVELQPMENT � r r r - a. Type and number of buildings,facilities, units or structures b. Number of lots or parcels. proposed. 93 LOTS 93 SINGLE FAMILY HOMESITES, 1 CLUBHOUSE, 2 TENNIS COURTS c. Density(give the number of residential units and the units per d. Size of area to be graded,filled,or disturbed including roads, acre). ditches,etc. .375 UNITS/ACRE 27 ACRES e. If the proposed project will disturb more than one acre of land,the f. List the materials(such as marl, paver stone,asphalt,or concrete) Division of Land Resources must receive an erosion and to be used for impervious surfaces. sedimentation control plan at least 30 days before land-disturbing activity begins. ASPHALT ROADS, CONCRETE CURD AND GUTTER, (i) If applicable,has a sedimentation and erosion control plan been CONCRETE SIDEWALKS. DRIVEWAYS WILL BE HOME submitted to the Division of Land Resources? OWNER'S CHOICE ®Yes ❑No ❑NA (ii)If yes,list the date submitted: APRIL 2006 APPROVED PAMLI -2006 g. Give the percentage of the tract within the coastal shoreline AEC to h. Projects that require a CAMA Major Development Permit may also be covered by impervious and/or built-upon surfaces,such as require a Stormwater Certification. pavement,building,rooftops,or to be used for vehicular driveways or parking. (i) Has a site development plan been submitted to the Division of Water Quality for review? 15.95% INCLUDES ROADS, SIDEWALKS AND MAXIMUM ®Yes ❑No ❑NA AREA OF ALLOWABLE BUILDING POCKET FOR LOTS (ii)If yes, list the date submitted: APPROVED MODIFICATION FEB 15, 2008 i. Give the percentage of the entire tract to be covered by impervious SW7050714 and/or built-upon surfaces,such as pavement,building, rooftops, or to be used for vehicular driveways or parking. 11.81 ACRES OUT OF 34.85 ACRES= 33.8% (INCLUDES WATER AREA OF LOT-43.6% OF LAND j. Describe proposed method of sewage disposal. k. Have the facilities described in Item(i)received state or local ON-SITE WASTE WATER TREATMENT PLANT WITH approval? ONSITE DISPOSAL FIELDS WITH SUBSURFACE ❑Yes ®No ❑NA DISPOSAL If yes,attach appropriate documentation. I. Describe location and type of proposed discharges to waters of the m. Does the proposed project include an innovative stormwater state(e.g.,surface runoff,sanitary wastewater, industrial/ design? commercial effluent,"wash down"and residential discharges). ❑Yes ®No ❑NA OVERFLOW FOM STORMWATER SYSTEM TO BE If yes,attach appropriate documentation. 252-808-28082:: 1-888-4RCOAST;; www.nccoastatmanagernen#.net revised: 12/26/06 '�,r M - (Upland ovello pr ent, Page 2 of 2) DIRECTED TO LEVEL SPREADERS AND FILTER STRIPS-NO DIRECT DISCHARGE TO SURFACE WATERS m. Describe proposed drinking water supply source(e.g.,well, n. (i) Will water be impounded? ❑Yes ®No ❑NA community,public system,etc.) (ii)If yes,how many acres? PAMLICO COUNTY MUNICIPAL SYSTEM o. When was the lot(s)platted and recorded? p. If proposed development is a subdivision,will additional utilities be FINAL PLAT PENDING PERMITTING APPROVALS installed for this upland development? ORIGINAL PARCEL PLATTED MARCH 1, 1979 ®Yes [--]No ❑NA r Date 4 . + WAYFARER'S COVE Project Name y r x Applicant Name 3 _ Applicant Signature z ., e 252-808-2808:: 1-888-4RCOAST::www.nccoastalma.agement.net revised: 12126/06 Mar 18 2008 22: 56 HP LRSERJET FAX 9103282230 P. 2 W COG, LLC 1900 Eastwood Road, Suite 11 Wilmington, NC 28403 Office (910) 256-9940 Facsimile (910) 509-1352 March 18, 2008 TO WHOM IT MAY CONCERN: I, L. Mark 'Yow, member/manager of WCOG, LLC, a North Carolina limited liability company, do hereby authorize Michael C. Gallant, PE, to act as my agent for any LAMA and Stormwater issues for the State of North Carolina. This the 18th day of rch, 2008. L. Mark Yow, M ' erfMana r David W. Moye Express Permit Coordinator Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 March 18, 2008 Re: Wafarers Cove-Upland Minor Modification-Permit# 132-05 Dear David, As requested via voice mail, I have prepared the following narrative on the modification to the upland development for Wayfarers Cove. Narrative of Proposed Changes to Upland Development The proposed minor modification proposes the elimination of all condominium, commercial and otherwise multifamily development for the subdivision. The site plan calls for single family lots to be sold to individual exclusively. The plan also calls for a clubhouse with pool and tennis courts. The proposed changes reflect changes in the market for the subdivision. The plan does not call for any public commercial usage of any facilities. If you have any questions, please feel free to call me at (910)-328-2188. Sincerely, Michael C. Gallant, PE rZ19". Michael C. Gallant PE, PA Engineering/Consulting/Design David W. Moye Express Permit Coordinator Division of Coastal Management 943 Washington Square Mall Washington,NC 27889 March 10, 2008 Re: Wafarers Cove-Upland Minor Modification- Permit# 132-05 Dear David, Please find enclosed three sets of plans, a signed application for the upland portion of the project and a check for$100 for Wayfarers Cove. Please note that this is a minor modification to the upland portion of permit#132-05. The plans illustrate the area of environmental concern, the proposed impervious surfaces, and cross sections of the project showing the 50' riparian buffer, the 75' area of environmental concern and the proposed location of structures roads and sidewalks. The relevant areas and quantities for the project are listed in the upper left hand corner of the first plan sheet. Please note that when I was calculating the amount of impervious area in the AEC, I used the area of the entire building pocket in the 75' AEC. Also please note that due to the project location,the 50' riparian buffer rules apply. There are no impervious areas, storm water devices or utilities in the 50' riparian buffer. By default, there are none of the aforementioned items in the 30' setback. If you have any questions, please feel free to call me at(910)-328-2188. Sincerely, Michael C. Gallant, PE gallantmc@yahoo.com tel 910.328.2188 fax 910.328.2230 P.O. Box 4039 Surf City, NC 28445 modification to Wafarers Cove,State Permit No# 132-05 Subject: modification to Wafarers Cove, State Permit No # 132-05 From: Rich Weaver<Rich.Weaver@ncmail.netb Date: Tue, 25 Mar 2008 14:28:15 -0400 To: gallantmc@yahoo.com Mr. Gallant, My name is Rich Weaver and I have been assigned to process the modification request for Wafarers Cove, State Permit Number 132-05. It looks like according the your application you have received a modified stormwater permit for this proposal (SW7050714 issued 2/15/08) . Could you please fax me a copy of this permit for our file at 252-247-3330, or scan a copy and email it to me? I will also need about 10 more copies of the revised drawings in order to circulate the proposal to the few agencies that need to see this as well as distribute copies once the modification has been permitted. Thank you and give me a call if you have any questions. Rich Weaver P.S. I tried to give you a call but after the phone rang a few time, I got a busy signal. Rich Weaver Asst. Major Permits Coordinator Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 252-808-2808 phone 252-247-3330 fax 1 of 1 3/25/2008 2:29 PM 0 _ r If' zv�jll ARAPAI RT A w 8510 November 14,2007 Marina Village Neuse River Yacht Club ATTN: Torn Hicks 11 Bennett Road Mi nnesott Beach,NC 28510 Aear Mr.Hicks: The Minnesota Beach Planning Board approved the Preliminary Subdivision Plat for the. Marina Village,Neuse River Yacht Club at their regular meeting on October 2, 2007. Further,at the time of approval of the final plat there vAll be either a bond or letter of credit of 12.5%of the engineers estimated cost of streets and water required. Sincerely, f,,O,X� �r� Connie Kinney Town Manager/Clerk SA 'd 9695 'IN WE:01 8001 11 a pW t A regular meeting of the Board of Commissioners, Town of Minnesota Beach,was held Tuesday, October 9,2007, at 7:00 p.m., at the Minnesota Beach Town Hall. Members Present, Mayor Paul Johnson,Commissioners Debbie Jones,Ray Lee, and Owen Lupton III Member Absent: Warren Winchester Others Present: Phil Hedrick,Mr. Skreba,Jeff Aydelette of the Pamlico News,Tom Hicks, Victor Rizutto(Marina Village Neuse River Yacht Club),David Stewart,Mr. & Mrs. Salter,B. McDonald,Michael Gallant, and Jack Moore Mayor Johnson called the meeting to order. Minutes of September 11, 2007 meetings were read and approved with change. Mayor Johnson opened the meeting and welcomed everyone to the meeting. Bob McDonald addressed the Board regarding a resolution that the Pamlico County Board of Commissioners adopted opposing proposed stormwater rules. Board will address this later. The Board was presented the Preliminary Subdivision Plat for the Marina Village,Neuse River Yacht Club and the Declaration for Marina Village, Mr. Tom Hicks said that the Town Homes that were previously approved by the Town are not selling now and retail establishments are not viable as well as the marine service operations_ Our intention is a package with opportunity for slip or slips to be purchased. The Town does not have enough residents now to support retail establishments. This subdivision will be single family lots and will have less lots and less impervious surfaces than previous subdivision. The infrastructure will be completed or a bond will be placed with the Town prior to our final approval. Mayor Johnson asked when this subdivision would be completed. Mr. Victor Rizzuto said that they would start the infrastructure the first of the year and summer. The infrastructure will be completed by 2009. Commissioner Lee asked what is your waste treatment. Mr. Rizzuto said that they had requested 36,000 gallons per day. The banns will make them bond all infrastructures, e.g. roads, water and waste treatment facility. Mayor Johnson asked how many homes would you have? 93, 3 less than previous. The lot sizes and widths will increase also. A motion was made and seconded to approve the preliminary subdivision plat as prepared by Mihaly-Cirello dated September 20, 2007 and presented at this meeting. The requirements of density, lot size and setbacks of Article 6 of the Subdivision Ordinance �.. are waived in,favor of conditions reflected on the preliminary subdivision plat,and the S/E 'd 969S *IN W E:0l 2006 'l l 'apW Board hereby finds that the public health,safety and welfare of the Town will not be negatively impacted by such waiver. Further,approval of a final subdivision plat will be conditioned on completion of road,water and sewer M- fmstructure or receipt by the Town of security as provided under Article 3 of the Subdivision Ordinance. The motion was approved. The Board discussed the resolution requesting the services of the Division of Community Assistance for reorganizing the Minnesott Beach Zoning Ordinance and Subdivision regulations. Commissioner Lupton made a motion to adopt resolution, Commissioner Jones seconded. The motion passed. Mr, Jack Moore spoke to the Board about a web site. The Town should start out small and be manageable. A web site that lives and breathes is best. Like putting on the web site the minutes and agenda. It would cost less than$1,000.00, The cost for maintaining the web site is $39.00 a month plus a monthly fee for the Internet. Commissioner Jones made a motion to table this until we check into the budget. Commissioner Lupton seconded. The motion passed. The Board discussed the meeting with Judy Hill regarding storm water that has been set to combine with the Planning Board meeting on November 6, 2007 at 7-00 p.m. at Town Hall. Commissioner Jones made a motion to have a special meeting on November 6, 2007 at 7:00 p.m. Commissioner Lupton seconded. The motion passed. v Mayor Johnson informed the Board that Mr. Ty Hart from Embarq called and said they would have high speed Internet service installed in Town in one month. He wants to meet with the Town and get some information which the Board has no objection. Mayor Johnson said that people are running stop signs more now but that it had slowed traffic down The Board closed the regular meeting and went into closed session to discuss Innerbanks and a Petition from Conner Media, Commissioner Lupton made a motion to open regular meeting. Commissioner Jones seconded. The motion passed. No action was taken in closed session. Announcements of Town Christmas Party set for Saturday night,December 8, 2007,7:00 pm, at Minnesott Golf and Country Club. Candidates Night will be Wednesday, October 17,2007, 7:00 p.m_ at Minnesott Golf and Country Club. Commissioner Lee informed the Board that Jack Hardison has been taking out trees on Neuse River.Drive in order to move road to center of right of way. The water line is in the center of the road_ County says they would pay for material and Town pay for labor. V/ 'd 969S 'IN MK 0l 80H l l 'a pW y , Commissioner Lupton said to bring cost for this to the next month meeting and have in -: writing from the County. Commissioner Lee said that the prisoners have been in Town cleaning out ditches and culverts. The Board discussed the Resolution Opposing proposed Stormwater Rules Title 15A NCAC 02H.1005 from Pamlico County. Commissioner Lee made a motion to endorse resolution from Pamlico County. Commissioner Lupton seconded. The motion passed. There being no further business,the meeting was adjourned. Connie Kinney, own ger/Clerk 5/5 'd 9695 "N MH:01 8001 < < pw