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HomeMy WebLinkAbout52906_CURRITUCK CO MAINLAND PROPERTY_200902181:1 CAMA EJ DREDGE & FILL 4 GENERAL PERMIT Previous permit # ENew ElModification ElComplete Reissue Ellpartial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC E:1 Rules attached. Applicant Name Address City State i ZIP -i--V-i Phone # O Fax # (—) Authorized Agent Affected Ll CW El EW ❑ PTA 1H AEC(s): El OEA Ll HHF F] 0 PWS: El FC: ORW: yes / no PNA yes / no El ES % PTS 11 UBA D N/A Crit.Hab. yes / no Project Location: County Street Address/ State Road/ Lot #(s) Subdivision City ZIP Phone# River Basin If i( . Adj. Wtr. Body(nat /man Junkn) — Closest Maj. Wtr. Body s b OWN "I IM i E ril IN N IN w Hsi IMF? IN IMMMUR12 I C Permit Officer's Signature Agent or Applicant Printed Name Signat�ua Please read compliances tement on back of permit" issuing Date Expiration Date 111 1 1. 1 i f k , � r, tla bc& C". '.. i —1, X . Application Fee(s) Check # LocalPlanningJuriscliction Roverl`06'Name 1 Statement of Compliance and Consistency This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s) . The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: ❑ Tar - Pamlico River Basin Buffer Rules ❑ Other: ❑ Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215) for more information on how to comply with these buffer rules. Division of Coastal Management Offices Raleigh Office Morehead City Headquarters Mailing Address: 400 Commerce Ave 1638 Mail Service Center Morehead City, NC 28557 Raleigh, NC 27699-1638 252-808-28J8/ 1-888-4RCOAST Location: Fax: 252-247-3330 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 Fax:919-733-1495 (Serves: Carteret, Craven, Onslow -above New River Inlet- and Pamlico Counties) Elizabeth City District 1367 U.S. 17 South Elizabeth City, NC 27909 252-264-3901 Fax:252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-796-7215 Fax: 910-395-3964 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) Revised 08/09/06 MEMORANDUM OF AGREEMENT AGREEMENT TO DEVELOP AND OPERATE A PUBLIC BOATING ACCESS FACILITY This agreement is made and entered into this the llth day of April H CA 2008, by and between. the NORTH WILDLIFE RESOURCES COMMISSION, hereinafter referred to as the COMMISSION, and Currituck County, hereinafter referred to as the COUNTY. I. PURPOSE OF THE AGREEMENT It is mutually agreed that the COMMISSION and the COUNTY will cooperage to provide free public boating access to Shingle Landing Creek where Currituck County is the owner of a 3.76 acre parcel located at 129 Creekside Drive, the rear of the parcel terminates into Shingle Landing Creek. II. RESPONSIBILITIES A. The COMMISSION agrees to: 1. Provide design for development of a public boat landing. 2. Obtain all regulatory permits required. 3. Construct all improvements to the boat landing, parking area and adjacent courtesy docks. 4. Maintain the landing, in a serviceable condition, as a free public boating access area, with no closure of the site, except for repair purposes or emergency situations. B. The COUNTY agrees to: 1. Provide free public boat access including trailer parking, open 24 hours a day 7 days no closure of the site, except for improvements or emergency situations. 2. Maintain the grounds surrounding the site grass mowed at regular intervals year round removed regularly. III. TERMINATION vehicle and a week with repair and keeping the and litter It is mutually agreed that either party may terminate its involvement in this agreement by written notice to the other at least. 120 days in advance of the date on which termination is to become effective. IV. TERM OF AGREEMNENT This agreement shall become effective upon full execution and shall continue in effect for a period equal to 25 years. IN TESTIMONY WHEREOF, this Cooperative Agreement has been executed by the parties hereto, in duplicate originals, as of the date first above written. Currituck County Daniel _, S anion, County Manager ATTEST r G3en H. Keener, Clerk t the Board NORTH CAROLINA WILDLIFE RESO['RCES COMMISSION Gordon S. Myers, eputy Dire for ATTEST �! a Erik D. Christo_ferson, Section Chief of Facilities and Operations :cqM CAROB NA EXOSE STALTS ED ATTACHAND CANCELLED $D TRANSFER TAX AMOUNT _j'h&E S AA DATEJCOLLECTOR .3 - I TCollector Cc ification That No Delinquent Taxes Ze Duc. Date By_ct�A_: Certification expires Jan. &h of Ae ear following certification date. BOOK I U 4 2 PAGE 6 1 0 4 InI�II�IV�II�N�II�III�GW�II�I�Ir�I��I�I�IIN Doc ID: 00205043DO02 TYPO: CRP Recorded: 03/17/2008 at 04:17:11 PM Fee Amt: $17.00 Page 1 of 2 Excise lax: $0.0 Currltuck Count'.0 NC Charlene Y Dowdy Repister of Deeds SK 1042 PG104-105 NORTH CAROLINA GENERAL WARRANTY DEED Prepared by: William Brumsey, IV PIN: 010-000-OPEN-000A 0143-000-OPEN-000E Re to: Ike McRee County Attorney PO i3ox 39 urrituck, NC, 27929 i d made this 26`h day of February, 2008, by and between CTX, INC., a ar ina c rporation, Grantor, and The County of Currituck, a body politic and politic ubdi on the State of North Carolina, Grantee, whose address is PO Box 39, C tuc , N 27 29. The sign n Gran to and Grantee as used herein shall include said parties, their heirs, suc o an as ign , an 11 include singular, plural, masculine, feminine or neuter as require by 1 _ / W That the Grantor, for a v ua t which is hereby acknowledged, has ark convey unto the Grantee in fee simple, Moyock Township, Currituck County, follows: Parcel 1: All that lot and parcel of land shown Od 25.55 Acres (To be Dedicated to the County of entitled in part "Final Plat for Shingle Landing" pr dated July 2, 2007 and recorded in Plat Cabinet K, County Registry. ig%the Grantee, the receipt of s grant, bargain, sell and r parcel of land situated in More particularly described as it Space A, n that ertain plat y H an Robey, PC 21- of e u tuck Parcel 2: All that lot and parcel of land shown and delineated ass S +/- 3.75 AC, (1.91 AC Uplands), To be Dedicated to the County of Cunj (Boat Ramp) " on that certain plat entitled in part "Final Plat for Shingle BOOK !. v 4 Z PAGE 01 0 5 prepared by Hyman & Robey, PC dated July 2, 2007 and recorded in Plat Cabinet K, Slides 21-26 of the Currituck County Registry. The property hereinabove described is a portion of the property acquired by Grantor by instrument recorded in Deed Book 629, Page 84. To have and to hold the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee and his heirs and assigns forever in fee simple. And the said Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple and has the right to convey the same in fee simple; that title is marketable and free and clear from all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whatsoever except for the exceptions herein stated. Title to the property hereinabove described is subject to the following exceptions: reservations, rights of way and restrictions of record. Witness whereof, the Grantor has hereunto set his hand and seal or, if leas used this instrument to be signed in its corporate name by its duly office d its seal to be hereunto affixed by authority of its Board of the di!N anyear first above written. Grantor: STATE OF J COUNTY OF I, a Notary Public of the CountyaiQd tate ores ' , certify that Jerry L. Old personally appeared before me this day an a6wled e e is President of CTX, Inc., a North Carolina corporation and that sai riti g as si ne by him in behalf of said corporation by its authority duly given. And s id Je d kno ledged the said writing to be the act and deed of said corporation. Witness my hand and official stamp or seal, this y 2008. i—� My Commission expires: oo.3 . t4, 1 ,�4 w` N.. M'A /V"`/o , tiw v i No1ofY Pun Eo��t c�uNccx �2Q 2 % L O ",i"SCRT H ICIP�\"" WA / Michael F. Easley, Governor l/ co' William G. Ross Jr., Secretary North Carolina Department Environment Natural �f � �; :X� "C „ ; ; .,i_'; '•` of and Resources Coleen H. Sullins, Director Division of Water Quality January 14, 2009 J. Owen Etheridge, Chairman Board of County Commissioners County of Currituck PO Box 39 Currituck, NC 27929 Subject: Stormwater Permit Exclusion from Session Law 2008-211 Stormwater Project No. SW7081213 Shingle Landing Boating Access Area Currituck County Dear Mr. Etheridge: On December 9, 2008, the Washington Regional Office of the Division of Water Quality received a request to exclude the subject project, located at 129 Creekside Drive, from Stormwater Management Permit requirements. Staff review of the plans and supporting documents has determined that the project proposes activities that are excluded from State Stormwater permitting requirements as set forth in Section 2.(d)(3) of Session Law 2008-211, effective October 1, 2008, and the stormwater rules under Title 15A NCAC 2H .1000. Under vested rights, local plan approval was given by Currituck County on April 11, 2008. There is no Sediment & Erosion Control Plan required nor is there a CAMA Major permit required. There will be a CAMA General permit required for this project that does not trigger the requirement for a State Stormwater Permit. Therefore, the Director of the Division of Water Quality is hereby providing confirmation that the subject project is excluded from State Stormwater permitting requirements under the following conditions: 1) The project must be constructed as shown on the plans submitted to this Office; 2) The proposed built -upon area of 39,939 square feet is not exceeded; 3) The disturbed area for this project does not equal or exceed 1 acre; and 4) The Division of Coastal Management does require a CAMA Major permit. Under Section .1003(b) of the stormwater rules, the entire common plan of development must be permitted. Therefore, any future development or changes to the proposed development, including but not limited to, the locations of the built -upon area and construction of additional built -upon area, may require approval or a Stormwater Management permit application and permit issuance from the Division of Water Quality prior to any construction. Any construction on the site prior to receipt of the required approval or permit will constitute a violation of Title 15A NCAC 2H.1000 and Session Law 2008-211, and may result in the initiation of appropriate enforcement action. Please keep in mind that this determination does not affect your legal obligation to obtain other permits and approvals, which may be required by Federal, State, or local government agencies, rule or law. If you have any questions, or need additional information concerning this matter, please contact either Scott Vinson or me at (252) 946-6481. �incerely, �dg_n��^ AI Hoe Regional Supervisor Surface Water Protection Section AH/sv: S:\WQS\STORMWATER\PERMIT\SW7081213 cc: Mark Hamlett, PE — NC Wildlife Resources Commission C.urrituck County Building Inspections onald Renaldi, Division of Coastal Management — Elizabeth City Office Washington Regional Office No°rtt,carolina Central Files Naturally North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 FAX (252) 946-9215 Customer Service Internet: www.ncwaterguality.org 943 Washington Square Mall, Washington, NC 27889 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper