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HomeMy WebLinkAbout109-84 Renewal/TX Maintenance 02/2015 JOB Holdings, LLC Permit Class , ♦ Permit Number RENEWAL 109-84 TRANSFER STATE OF NORTH CAROLINA MAINTENANCE-5 Department of Environment and Natural Resources and Coastal Resources Commission ikrmit 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 JOB Holdings,LLC, 1107 Bennett Road,Arapahoe,NC 28510 Authorizing development in Pamlico County at the Neuse River, Alligator_ Gut , as requested in the permittee's letter dated 11/10/14 This permit, issued on February 25,2015 , 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/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 b. The minor modifications issued on 4/12/85,422/88,and 5/20/88 ti c. The Major Modification issued on 8/13/07 2) All conditions and stipulations of the active permit remain in force under this renewal. Maintenance Clause 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: 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 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 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. An appeal requires resolution prior to work initiation or continuance as the case may be. 4',� V This permit shall be accessible on-site to Department personnel when the project is inspected for compliance. 'Braxton C. Davis, Director Any maintenance work or project modification not covered hereunder requires further Division approval. �,,/Division of Coastal Management 'i All work shall cease when the permit expires on This permit and its conditions are hereby accepted. L ember 31,2019suing this permit, the State of North Carolina agrees ur project is consistent with the North Carolina Coastal ement Program. Signature of Permittee }0-00-04'•PO{+06iK•:^J{w`�W-0040}C 4:Kt1Yf-±•:•�i`+:•it4'b-0-0C{�K^:0-0Gv:r' AW A MA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary February 26,2015 JOB Holdings,LLC 1107 Bennett Road Arapahoe,N.C. 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.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 ari 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,North Carolina 28557 Phone:252-808-28081 FAX 252-247-33301 Internet:www.nccoastaimanagement.net An Equal Opportunity/Affirmative Action Employer DCM Coordinator: c Permit MAILING DISTRIBUTION SHEET, Permitee• Agents: DCM Field Offices Elizabeth City j (with revised work plan drawings) Morehead City ✓ Washington Wilmington US ACOE Offices: / Washington: Raleigh Bland ✓ Tracey Wheeler William Westcott(NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumbly Cultural Resources: Renee Gledhill-Early Public Water Supply: Diane Williams WIRO pA Y� ( ) Joey White (WARO) Marine Fisheries: Shane Staples Jessi Baker NC DOT: Ken Pace Shellfish Sanitation: Patti Fowler State Property: Tim Walton / Water Quality: Karen Higgins (Raleigh) v John Hennessy (NC DOT) / Washington: Anthony Scarbraugh-401 Scott Vinson-Stormwater Wilmington: Joanne Steenhuis—401 Chad Coburn - 401 Linda Lewis - Stormwater Wildlife Resources: Maria Dunn (WARO) Vacant(WIRO) LPO: Fax Distribution: Permitee#: Agent#: WAYF R OVE ,XIARIN A & B ) r7TYARD November 10,2014 RECEIVED NOV 13 2914 DCM-MHD CITY Mr. Brad Connell North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557 Dear Brad: Per our conversation during the summer of this year, I would like to apply for the extensions of the two(2)permits listed below. A) Permit#109-84-The maintenance dredging permit due to expire December 31,2014, B) Permit#132-05-The major development permit due to expire December 31,2014. Please make a change on both and re-issue both to Wayfarers Cove Marina Company, 1107 Bennett Road,Arapahoe,North Carolina 28510. Enclosed is a check for$200. If you have any questions,please call me at 249-0200. Thank you. Regards, ^A f 1 Tom W. McCary,Gen anager,CMM Wayfarers Cove Marina twm@wayfarerscove.com 0G, fji 1107 Bennett Road, Minnesott Beach, NC 28510 252.249.0200 fax 252.249.0504 A. �LAr. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton Davis John E. Skvarla, III Governor Director Secretary MEMORANDUM DATE: December 5, 2014 TO: Daniel Govoni THRU: Roy Brownlow FROM: Brad Connell 941c- SUBJECT: JOB Holdings, LLC and State Permits # 109-84 Please find correspondence enclosed dated November 13, 2014 from Mr. Tom McCary, of Wayfarers Cove Marina, requesting a permit renewal. State Permit#109-84 was issued for the excavation and construction of a marina within Alligator Creek, connecting to the Neuse in Minnesott Beach, Pamlico County. The permit expires on December 31, 2014. The request is to renew this permit. This permit authorizes the maintenance excavation of Alligator Creek. The marina has been performing on-going maintenance excavation annually and is requesting an extension to the permit in order to continue to maintain the permitted water depths. It is suggested that this request be processed in accordance with 15A NCAC 07J .0404(b) which states: "Renewals for maintenance and repairs of previously approved projects may be granted for periods not to exceed 10 years." The Morehead City District Staff recommends granting the request contingent upon the dredge and fill conditions pursuant to 15A NCAC 07J .0407(d). A check in the amount of$100 (#6850)has been received in order to process the request. Enclosure 400 Commerce Ave.,Morehead City;NC 28557 One Phone:252-808-2808\FAX:252-247-3330 Internet:www.nccoastalmanagement.net NorthCarolina An Equal Opportunity\Affirmative Action Employer Naturally V Connell, Brad From: James Gaddy <james@RacoGC.com> Sent: Wednesday, December 03, 2014 2:23 PM To: Connell, Brad Cc: Tom W McCary(twm@wayfarerscove.com) Subject: RE: Permits# 109-84 & 132-05 Attachments: 20141203102752683.pdf I think we are fine with either one. If it needs to be the property owner then JOB Holdings, LLC is fine. I have attached again the Operating Agreement for the Marina Company. You will see that JOB is the only member/owner of that entity also. That Company actually operates the marina on behalf of the owner. Again, we are fine with either entity. Thank you again, James Gaddy From: Connell, Brad fmailto:brad.connell@ncdenr.Rovl Sent: Wednesday, December 03, 2014 2:19 PM To:James Gaddy Cc:Tom W McCary (twm@wayfarerscove.com) Subject: RE: Permits# 109-84& 132-05 Importance: High Mr. Gaddy& Mr. McCary, Both the deed provided and the Pamlico County GIS indicate that Job Holdings, LLC is the riparian property owner. Therefore,the permit must be transferred to the new riparian property owner,Job Holdings, LLC. Please reply back that this is the intended party that you wish to transfer these permits to and I will begin processing as Mr. McCary and I previously discussed. Thank you, Brad Connell Field Representative NC Division of Coastal Management http://Portal.ncdenr.org/web/cm/dcm-home E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: James Gaddy [mailto:james RacoGC.com] Sent: Wednesday, December 03, 2014 11:29 AM To: Connell, Brad Cc: Tom W McCary (twm@wayfarerscove.com) Subject: Permits # 109-84 & 132-05 Mr. Connell, 1 f II'/ • 1 VV Tom McCary at the Minnesott Beach Marina Company asked that I send you documentation of the marina's ownership change in accordance to your request. The attached documents show the foreclosure and transfer from Minnesott Beach Holdings, LLC to JOB Holdings, LLC and the formation of the Wayfarers Cove Marina Company LLC whose only member is JOB Holdings LLS. We certainly realize that this is not an easy process to follow and appreciate your help. Please let me know if you have any questions or need any further documentation. I can be reached at this email address or 404.788.3357. Thank you again, James Gaddy 2 IK NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE r SUPERIOR COURT DIVISION PAMLICO COUNTY 2010 SP 74 IN THE MATTER OF THE FOIUCLOSURE -of a Deed of Trust Executed by IVIINNESOTT BEACH HOLDINGS, LLC dated September 9, 2005, Recorded in Book 454, Page 11.4, ORDER ALLOWING FORECLOSURE Pamlico County Registry, by R. L. Adams, Substitute Trustee (for Substitution of Trustee, see Book 546, Page 799, Pamlico County Registry) THIS CAUSE came on for hearing before the undersigned Clerk of Superior Court pursuant to the Notice of Hearing on Foreclosure(along with its two filed amendments, the"Notice')served on Minnesott Beach Holdings,LLC and C.Thomas Hicks,III ("Obligors"),the original of which is included in the file in the proceeding. The Notice stated that JOB Holdings, LLC proposed to proceed with the foreclosure of-the above- ; captioned Deed of Trust on property located in Pamlico County,North Carolina and more particularly described therein,unless said Clerk of Court found a valid reason why the foreclosure should not proceed;and After considering the evidence of the parties,the undersigned makes the I. JOB Holdings,LLC is the owner and holder of the Note and Deed of Trust identified in the Notice issued and served in this proceeding and said Note represents a valid indebtedness. i 2. There is a default under the terms of said Note and Deed of Trust. 3. The Deed of Trust contains a right of foreclosure. 4. The Obligors were given notice of the hearing as prescribed by law. 5. The underlying mortgage debt is not a subprime loan as defined in N.C. Gen. Stat. § 45-101(4). 6. No valid defense or reason was presented to the Court by any of the Obligors named as to wiry the foreclosure should not be allowed to proceed. BASED UPON THE FOREGOING FINDINGS, the undersigned Clerk of Superior Court of Pamlico County,North Carolina concludes as a matter of law that the said R.L. Adams, Substitute Trustee, may proceed to foreclose pursuant to the power of sale granted him by the above-captioned Deed of Trust, and may proceed to publish and V otherwise give notice of and conduct a sale pursuant to the terms and provisions of said Deed of Trust and the General Statutes of North Carolina. This the 1 st day of December,20M AftmlicoCount�y, C�ktVaroliiina N r NOTICE OF SALE OF LAND IJNDER PONVER OF SALE CONTAINED IDD QF, RU T p STATE OF NORTH CAROLINA 2010 SP 74 COUNTY OF PAMLICO i Under and by virtue of the power of sale contained in that certain Deed of Trust dated September 9, 2005, executed by Minnesott Beach Holdings, LLC, recorded in Book 454, Page 114, in the office of the Register of Deeds for Pamlico County, North Carolina, default having been made in payment pursuant to that certain Promissory Note dated September 9, 2005, and the necessary findings to-permit foreclosure having been made by the Clerk of Superior Court of Pamlico County, North -Carolina, the undersigned Substitute Trustee, R: L. Adams (for Substitution of Trustee,see Book 546, Page 799,Pamlico County Registry),will offer for sale to the highest bidder for cash at public auction at the courthouse door at the Pamlico County Courthouse in Bayboro,North Carolina o� n the L day of 2ZZ at 11:30 O'CLOCK A.M(11.30 a.m.),the-land(and the improvements located thereon, if any)in Pamlico County, State of North Carolina,in Exhibit A attached hereto, The Sale will be made subject-to all taxes and special assessments, prior liens, if any, rights-of-way easements, and restrictive covenants of record affecting the title. The record owners of the above-described real property as reflected on the records of the Pamlico County Register of Deeds not more than ten(10) days prior to the posting of this Notice is Minnesott Beach Holdings, LLC The highest bidder may be required to deposit cash or certified check in the amount of ten percent (10%) of the first One Thousand Dollars ($1,000.00), plus five percent (5°/0) of the excess over One Thousand Dollars($1,000,00)of his/her bid. This 1st day of December,2010. R.L.Adams Substitute Trustee PD.Box 31703 Raleigh,NC 27622 (919)270-7672 rladamsattorney@aol.com EXHIBIT A BEGINS -ON FOLLOWING PAGE 2 All those certain tracts or parcels of land lying,situate and being in Number Five Township, Pamlico county, North GaLrolina, and more particularly described as follows: �gj� pr7g- Beginning at a point, it being the point of intersection of the eastern right of way line of N.C_S.R- 41121 (Bennett Place Road) and the northern right of way lane of Neuse River Drive, TBENCE from said point or place of beginning along the eastern might of way line of N-C.S.R. #1121 North 34 degrees 19 minutes 02 seconds East 418.29 feet; North 33 degrees 52 minutes 34 seconds East 188.21 feet, North 32 degrees 39* minutes 57 seconds East 10.1.24 feet and North. 29 degrees 27 minutes '57 seconds East 98.46, feet to a point; thence leaving said right of way line South 55 f degrees 46 minutes 03 seconds* East-540.59 feet; thence South 31 degrees 10 minutes 38 seconds West 86.87 feet; thence South 69 degrees ?5 minutes 39 seconds East 815-20 feet; thence South 30 dVI9re_es._2.5__oinutes_AA^seconds west 4 Sj5_._77-f_eet- +�c-.e_ arth_.6S- degrees 21 'minutes 00 seconds West 111.05 feet; thence South 22 degrees 05 minutes 00 seconas-West-30t7•_'0#J feet; thence South 07 degrees 19 minutes 00 seconds West 1,219-90 feet to the mean high water mark of the Neuse River; thence North 32 degrees 28 minutes 27 seconds West 344.91 feet; thence North 37 degrees 41 minutes 46 s econds West 248-18 feet; thence North 48 degrees 48 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 47 seconds West 502-44 feet; thence North 27 degrees 58 minutes 22 seconds West 273.58 feet; thence North- 39 degrees 12 minutes 10 ^9gG7�jAc'zt SFd i 7 fept t-n f ha •nnint of bPginnincr, containi ncr 40.735 acreS, more or less, in accordance with* a survey for Minnesott Beach Holdings, LLC by Atlantic Survey & Design, P_A_ , dated May 20, 2004, reference to which is 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. TRACT TWO-: That certain easement, as described in the deed recorded in Book 200 at Page 152 of the Pamlico County Registry and- being designated as 'Hatched Area 1-620 Acre Easement Area" on the map referred to above: TRACT THREE: That certain-easement recorded in Book 295 at Page 903 of -the Pamlico County Registry. TRACT FOUR: Those curtain easements described in the Deed of Easement recorded iii Book 200 at Page 127 of the Pamlico County Registry. LESS AND EXCEPT all of Lots 1,2,3,4,5,6,7, 8,9 and 10, Subdivision Section 8 at Wayfarers Cove,as shown on the map recorded in Plat Cabinet A at Slide 147-7 of the Pamlico County Registry. Subject to the Declaration for Riverview Estates at Wayfarers Cove and the terms and rouditinns fhrrein7 entered in the indrument recorded in book 466 at Page 656 of the Pamlico County Registry.