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HomeMy WebLinkAbout103-03 TX/Renewal 03/2007 Anderson, Leroy L. & Dickerson, Alvin G. & Witt, Monica M. •�+-0i;4�^Y.}C .`•4^'r:-:{ub}{•:4?0•}q-0°?5^5.r'e•:^X/rNt�-6: iX^Y?<•}Oi-0b4:-:Y"4tivti+•};K•.S•J•54Q+4i!•4tiA�a�4-Nr:^}•�:?L+}.:-0i-:-T}:ii'4 i:^rr:^}^}M:4°6'W:.q'+.i•7f^}G:k}erN:'�^C°0•}+:vL.:•.:^v8=W fiti'F, 1.'errnit Class ti Permit Nurnb TRANSFER/RENEWAL, 103-03 STATE OF NORTH CA.RGJ.,JNt% Department of Environment and Natural Resources and Coastal Resources Commission 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 Leroy L.Anderson,Alvin G.Dickerson,Monica M.Witt, 166 Chicahauk Trail,Southern Shores,NC 27949 Authorizing development in Dare County at adj. Atlantic Ocean,3529 Virginia Dare Trail, Nags Head , as requested in the permittee's application dated 2/25/o3(MP-1 &2)&3/25/03 (MP-3),including attached the workplan drawings(2),S 1 dated 3/11/03&S2 dated revised 3/25/03&the AEC Hazard Notice dated 2/25/03. This permit, issued on March 19,2007 , 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) No excavation and/or land disturbing activities shall be undertaken outside of the areas noted on the attached workplan drawings or outside of the permittee's property. NOTE: The location of the extrapolated first line of stable natural vegetation (FLSNV) is subject to change, and as such shall be restaked by a representative of the Division of Coastal Management prior to the commencement of any new development on this property in the future. 2) The permitted frontal dune will be aligned with the existing, adjacent frontal dunes to the greatest extent -possible. (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 Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. V (7 C es S. Jones, Director Any maintenance work or project modification not covered Division of Coastal Management hereunder requires further Division approval. All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2008 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 $-0.4•Sfii�00-04•QC={-04C -0 .:S{.6o.��4}b°494C=0=W;•C-:-:.•h:+.-C•{K-t.#✓a}+..:•9kh:-:-0-0�':<•i}c+S K-}i+,:K+94ia+.e?{.s:<9•.4 bA•X•:-rM%A-Y^4+•<KK`o4N:•d9Ci•P.`^I+CN-:^:iM•Wr}?+r?{gK4'+C,:•S^nd4}p-0^7•M-r'�.}.X••}.i4-Xfi{^4i�c{-p4tr4 X.� 4 r Leroy L.Anderson,Alvin G.Dickerson,Monica INA.Witt Permit#103-03 Rage 2 of 2 ADDITIONAL CONDITIONS 3) The permitted frontal dune shall be vegetated and stabilized immediately upon the completion of all grading activities authorized by this permit. 4) Sand used to construct the dune must be brought in from an outside source and must be of'the same nature as the existing sand in the area where it is to be placed. This permit does not authorize the removal of sand'from the site. 5) All debris resulting from the demolition of existing structures shall be disposed of at an approved upland disposal site. . Sedimentation and Erosion Control NOTE: An Erosiori and Sedimentation Control Plan will be'required for this project. This plan must be filed with the Town of Nags Head at least thirty (30) days prior to the beginning of any land disturbing activity. A copy of the approved Erosion and Sedimentation Control Plan must be submitted to the Division of Coastal Management prior to the commencement of any land disturbing activities. 6) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 7) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). Stormwater Management 8) The N.C. Division of Water Quality approved this.project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW7030414 on 7/16/03. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. General 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: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 030457. A� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary March 20, 2007 Leroy Anderson A. Dickerson& M. Witt 166 Chickahauk Trail Southern Shores,N.C. 27949 Dear Sir& 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 tiled 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.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: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper Permit#i 10 L—O 3 _ DCM Coordinator: MAUANG DISTRIBUTION: Permitee: J►rC 2`��°� Agent: DCM F s: /i! a a •zabeth (M�` dQ ,�,AVI orehead Cit a ``G� Washington' 4 OA }� Wilmington US Army Co ineers (USAGE): asliingt6n• Mike Bell (NCDOT) ' Bit Bic come(NCDOT) sleigh Bland Wilmington:" Dave Timpy Others: Cultural Resources: Renee Gledhill-Early Public Water Supply: Debra Benoy(WIRO) Fred Hill(WARD) Marine Fisheries: Mike Street NCDOT: Ken Pace Shellfish Sanitation: . Patty Fowler r�St ro Vd�a r 0 ali r Cyndi �r � for non-DOT John Hennessy(NCDOT) Wildlife Resources: Maria Tripp Steve Everhart Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: Permitee at Agent at DCNI Field Offices: Elizabeth City(252-264-3723) Morehead City(252-247-3330) Washington(252-948-0478) Wilmington(910-350-2004) US Army Corps of Engineers(USAGE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland(252-975-1399) Wilmington: Dave Timpy(910-251-4025) CALLA Major Permit Process Manual Page 70 of 76 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary MEMORANDUM Ig k 9 1 1 7 zoo1 TO: Doug Huggett, Major Permits Coordinator, Morehead City Regio nal Mice FROM: Lynn W. Mathis, Field Representative, Elizabeth City District �,� CM DATE: January 11, 2007 SUBJECT: Transfer and Renewal of CAMA Major Permit No. 103-03 CAMA Major Permit No. 103-03, issued to Sea Spray, LLC, authorized the demolition of the Sea Spray Motel and dune restoration at 3529 Virginia Dare Trail, in Nags Head, Dare County. The permit, originally processed under the ownership of Sea Spray, LLC, has subsequently been sold to Alvin G. Dickerson, Monica M. Witt, and Leroy L. Anderson. The new owners request the transfer of the permit to their names in addition to renewing the permit. Enclosed is a copy of a deed transferring undivided interest in the property to the applicants. On December 22, 2006, the Elizabeth City office received a request to transfer and renew the above referenced CAMA Major Permit. However the applicants did not submit the correct fee for both requests, necessitating the submittal of a second letter and fee. On January 8, 2007, our office received a completed request for the transfer and renewal. The first letter received on December 22, 2006, states that all work will be completed in a timely manner while the second letter, received on January 8, 2007, states that all work has been completed. An on-site inspection on January 9, 2007, revealed that while the demolition and grading aspect of the permit has been completed, the restored dune system had not been vegetated as required in condition No. 3 under Upland Development. While the two letters suggest that the new owners are not sure of the remaining work to be completed on the property. The December 22"d letter states that there will be no change in the original plans and that the permit will be used for the same purpose as originally issued. I would like to recommend that CAMA Major Permit No. 103-03 be the renewed and transferred to Alvin W. Dickerson, Monica M. Witt, and Leroy L. Anderson as requested to expedite completion of the dune restoration as required in the original permit. I have spoken to the applicant, Alvin Dickerson and he has been made aware to the remaining work. The Town of Nags Head has also been made aware of work necessary to complete the authorized dune reconstruction, and to fulfill the requirements of the CAMA Major Permit. ISLA NAV HOMES Real Estate • Custom Homes • Remodeling WWW.islandhomesobx.com Office: 252-261-6133 Fax: 252-261-1346 December 20, 2006 State of North Carolina Department of Environment and Natural Resources And Coastal Resources Commission Dear Lynn Mathis: We respectfully request a transfer and extension of permit number 103-03 issued to Sea Spray Motel, LLC on July 22, 2003. The permit should be transferred from Sea Spray Motel LLC to Alvin G. Dickerson, Monica M. Witt and Leroy L. Anderson. We as the new property owners hereby state and certify the following: We will be using the permit for the exact same purpose as the original permit was issued for. We will complete the project within a timely manner and anticipate completion by the end of January 2007. The project was delayed do to legal issues on the part of the Sea Spray Motel LLC breaching their contractual obligations to convey the property to the new owners. The new owners filed suite for specific performance and were awarded the same. The closing and deed exchange took place on 11/17 2006 as evidenced by the enclosed deed. There will be no change in the original plans since the issuance of the permit. The new permit and owners will comply will the exact same conditions and requirements of the original permit. Thank you for your consideration. Sincerely, RECEIVED' JAN • � � LIZAGF�F# MENT ISLAND HOMES MY Real Estate • Custom Homes • Remodeling www.islandhomesobx.com Office: 252-261-6133 Fax: 252-261-1346 December 20, 2006 State of North Carolina Department of Environment and Natural Resources And Coastal Resources Commission Dear Lynn Mathis: We respectfully requested a transfer and extension of permit number 103-03 issued to --lea-Spray Moo el,- L-C on July 22 22003. All work originally planned for the site has been completed. We ask that an extension still be filed for the permit because we have not obtained a Certificate of Occupancy yet. The Town of Nags Head may still ask to see the CAMA Permit. We have enclosed the additional $100.00. Please call if you have any questions. The signature on the original request is that of Alvin G. Dickerson. Thank you for your consideration. Sincerely, Alvin Gregory Dickerson Filed Book: 1708 Page: 403 Doc Id: 6209561 11/17/2006 04:32PM Receipt #: 176776 Doc Code: DEED NC Excise Tax pd: $8000.00 BARBARA M GRAY, REGISTER OF DEEDS DARE CO. NC (IIIIII(IIII IIII)IIIII IIIIIII II III�IIII III IIIII IIII III 6Page: I209560 6 04:32P DARE ,- 'i� REAL ESTATE ,F COUNTY _ TRANSFER TAX LT 5C��3 I� v`'' $y��� DEC .; 2006 71 Space Above This Line For Recording Data NORTH CAROLINA GENERAL WARRANTY DEED Prepared by M. H. Hood Ellis,Attorney Return to John G. Gaw,Jr., Attorney Excise Tax: $8,000.00 Tax Parcel: 989215740404; 989215649489; Transfer Tax: $40,000.00 989215649563; 989215649548; 989215649612; L.'� IL 86aa -6(o 989215648696; 989215645561 North Carolina,Dare County THIS GENERAL WARRANTY DEED made this 13"'day of November, 2006,by and between Sea Spray Motel,L.L.C.,a Virginia limited liability company(hereinafter referred to as "Grantor"), and Monica M. Witt,a one-third (1/3) undivided interest; Leroy L.Anderson,III,a one-third (1/3) undivided interest; and Alvin Gregory Dickerson,a one-third (113) undivided interest,as tenants in common,whose mailing address is 166 Chicahauk Trail, Southern Shores,North Carolina 27949 (hereinafter collectively referred to as "Grantee"): WITNESSETH : That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged,has given, granted,bargained, sold,and conveyed,and by these presents does hereby give,grant, bargain,sell, and convey unto said Grantee as tenants in common, Grantee's heirs, successors, administrators and assigns,all of that certain piece, parcel,or tract of land situate, lying and being in Nags Head Township, D County, State of North Carolina,and being more particularly described as follows: Tract One: All those certain lots or parcels of land lying and being more particularly described as Lots 164R, 165R, 166R, 167R, 168R and 169R as shown and delineated on that certain map or plat titled"Recombination Plat-for Sea Spray Motel,L.L.C.,"as prepared by Coastal Engineers and Planners,Kitty Hawk, North Carolina, dated March 27,2003, and recorder!in Plat Cabinet E,Slide 776, in the Dare County Public Registry, to which mrrp or plat reference is made.for a more particular description of the property herein describer. Tract Two All those certain lots of land, together with the houses and improvements thereon, lying and being in Nags Head Township,Dare County,North Carolina, and known as, designated and being Lots No. 272 and 273, of the subdivision known as George T. Stronach Trustee Lots, map or plat of said subdivision made by Cox& Cox, Engineers,December 1930, and duly recorded in Map Book 1,Page 196, Office of the Register of Deeds of Dare County,North Carolina, reference to which is hereby made for a more particular description. Tract Three: Beginning at an iron pipe or other marker situated in and on the West margin or right of way of the present U.S. Highway No. 158,sometimes known as Virginia Dare Trail, leading along the Dare Beaches,said beginning point being 45 feet in a northwesterly direction along the West margin or right of way of said highway from an iron pipe or other marker situated in and marking the Northeast corner of the B.S. and B.R. Rose property on the West side of said highway,said beginning point being also in and marking the Northeast corner of the lands conveyed to Joseph M. Cox, et ux, by Hal W. Culpepper, et ux, running thence from the beginning point in a Southwesterly direction at right angles to said highway and along the Cox North line 200 feet to a stake or other marker; thence in a Northwesterly direction and parallel with the aforesaid highway 5 feet to a stake or other marker;thence in a Northeasterly direction and parallel with the first call above along the South line of Lot 272 of the George T. Stronach Trustee Lots 200 feet to the West margin or right of way of the aforesaid highway; thence along the West margin or right of way of the aforesaid highway in a Southeasterly direction 5 feet to the point of beginning. Same being the Northerly 5 feet of Lot 271 as shown and delineated on the plat of the subdivision of the George T. Stronach Trustee Lots, map or plat of which was made by Cox& Cox, Engineers,December 1930, and duly recorded in Map Book 1,Page 196, Office of the Register of Deeds of Dare County,North Carolina. Being also the same property conveyed to Sea Spray Motel, L.L.C. by deed dated July 19, 1995, which deed is of record in Deed Book 1006,Page 558, of the Dare County Public Registry(incorporated herein by reference). TO HAVE AND TO HOLD the above described lands and premises,together with all appurtenances thereunto belonging, or in any way appertaining, unto the Grantee as tenants in common, each a one-third (1/3) undivided interest, Grantee's heirs, successors, administrators, and assigns forever. AND THE SAID GRANTOR COVENANTS to and with said Grantee as tenants in common, Grantee's heirs, successors, administrators, and assigns, that Grantor is lawfully seized in fee simple of said lands and premises, and have full right and power to convey the same to the Grantee in fee simple, and that said lands and premises are free from any and all encumbrances, except as set forth herein, and that the Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, 2 Illlll IIIII IIIII IIIII illllll li IIIIIIIIPage: 2 of 3 III 620956 III II IIII I'll 006 04:32P with the exception of the following: Ad valorem taxes for the year 2006 and subsequent years, easements and restrictions of record, and any local, county, state, or federal laws, ordinances, or regulations relating to zoning, environment, subdivision, occupancy, use, construction, or development of the subject property. IN WITNESS WHEREOF, the Grantor has duly executed and sealed this document, this the day and year first above written. Sea Spray Motel,L.L.C. l By: I 4.J (SEAL) S iirley W. amy, Manager STATE OF VIRGINIA COUNTY/CITY OF_YDle/C I,fe'xx-"'z /�G«f�LG1��2G, a Notary Public, certify that Shirley W. Bellamy personally came before me this day and acknowledged that she is Manager of Sea Spray Motel, L.L.C., a Virginia limited liability company, and that she, as Manager, being authorized so to do, executed the foregoing instrument on behalf of the company. Witness m hand and seal this /� Y day of November, 2006. �.1?� `•r.',^ �0�'..3�. tary Public (A1~IX NOTARY SEAL) rinted Name: 'k,��.c/� 7�ue:��L��n� cpinmission expires: MY Commission Expires Ssplember30' ,2010 `F.\qWs\Seper\Dickerson v.BellemyWeed.wpd I�IIII I�IIIIIIII 62095 1111IIII ooe 04:32P GATEWAY BANK&TRUST CO. 1323 ISLAND HOMES, INC. NORTHCAROLINA-VIRGINIA 166 CHICAHAUK TRAIL 66-1224/531 SOUTHERN SHORES,NC 27949 (252)261-6133 11319007 PAY TO THE ORDER OF NCDENR **jnnon One DOLLARS b NCDENR 1367 US 17 S Elizabeth City, NC 27909 / MEMO: 11100L323111 1:0531L2246i: 20L0039LL911, ISLAND HOMES, INC. 1323 NCDENR 1/3/2007 100.00 RECEIVE® J'A N - S &) COASTAL ANAaIM� ELIZAI ETH Crf y Gateway Bank 100.00 GATEWAY BANK&TRUST CO. 1316 ISLAND HOMES, INC. NORTHCAROLINA-VIRGINIA 166 CHICAHAUK TRAIL 66-1224/531 SOUTHERN SHORES,NC 27949 (252)261-6133 12l20/2006 i PAY TO THE ORDER OF NC-D€NR **100,00 ti One Hundred anri DOLLARS NCDENR 1367 US 17 S Elizabeth City, NC 27909 MEMO: 11000 L 3 11 E30 1:0 5 3 1 L 2 2 4 61: 20 100 19 1 19111