HomeMy WebLinkAbout20050240 Ver 2_DCM Permit Renewals_20231128fw NC Division of Coastal Management
�w� I CAMA Mayor Permit Renewal Request
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Applicant Information
Applicant
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Last First �
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Project
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Payment $
YES/ NO
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DWR Project USACE Action 7
No: 6Z00S - 024 � ID No.: sF fW to 0�
Has substantial YES NO If Yes,
development occurred? ❑ ❑ Explain: l tit )A-e-r Ca, Inc C.
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YE$/ NO
Recommend to Renew? [�' ❑
If Not Approved, provide
Justification:
Staff
Signature: Date: ' 7
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ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
TO:
NORTH CAROLINA
Environmental Quality
Cameron Luck
Assistant Major Permits Coordinator, Wilmington
FROM: Tanya Pietila
DCM Permit Support, Wilmirygto>/.
THRU: Tara MacPherson
DCM, District Man er, Wilmington
DATE: November 15, 2023
SUBJECT: Major Permit Transfer and Renewal Request: State Permit No. 47-20
Queens Point, LLC. to Angel Point Wilmington, LLC.
(Action ID SAW-2005-00435)
2541 Middle Sound Loop Road, Wilmington, NC 28411
Maritech, LLC. is requesting the transfer and renewal of State Permit No. 47-20. It was originally issued to
Queens Point, LLC. on April 21, 2020, for the maintenance excavation of an access channel adjacent to Howe
Creek. State Permit No. 47-20 has a Maintenance Clause and is set to expire December 31, 2023.
Angel Point Wilmington, LLC. is the property owner of 2514 Middle Sound Loop Road and acquired the
property on November 1, 2023. Angel Point Wilmington, LLC. wishes to renew the permit in order to conduct
maintenance excavation events in the future. This Office has no objection to the transfer of State Permit No. 47-
20. Maritech, LLC. has submitted two checks (no. 2682 and no. 2686) on behalf of Angel Point Wilmington,
LLC. for the total fee amount of $200.
Enclosures
cc: WiRO files
USACE
Holley Snider, DWR
o.wrM u+�
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Ectension 1 Wilmington, North Carolina 28405
910.796.7215
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: Angel Point Wilmington LLC
Mailing Address: 2300 Wolf Street Unit 17A
Dallas, TX 75201
Phone Number: 203-241-8444
Email
Address: C r t 0.V,\ aVrvdm 1 Lo AA
certify that I have authorized Adam C. Knierim/Maritech
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: permit transfer
at my property located at 2541 Middle Sound Loop Road
in New Hanover County.
/ furthermore certify that I am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information: %
VV , L., l V41a nc1 - AV N �yl�
Signature
Print or Type Name
Y aAka
TitleP
Date
This certification is valid through 11 /2 12024
RECEIVED
NOV.08 2D23
DCM WILMINGTON, NC
NORTH CAROLINA NON -WARRANTY DEED
Prepared By
MIDTOWN LAW
COASTAL
OMAN
MIDTOWN
Excise Tax: S0.00
R05200-002-012-000, R05200-
002-012-001, R05200-002-013-
000, R05200-002-014-000,
R05200-002-024-000 & R05200
PIN: 002-025-000
Return to Grantee at Angel Point Wilmington LLC
Brief Description for Index: 30.73 acres
Title Insured by: ***DRAWN WITHOUT OPINION ON TITLE***
THIS DEED made this 1st day of November, 2023, by and between
Dolores W. Angel and Stephen F. Angel, wife and
Forwarding Address:
2300 Wolf Street, Unit 17A, Dallas, TX 75201
Angel Point Wilmington, LLC, a Texas limited
company
Mailing Address:
2300 Wolf Street, Unit 17A, Dallas, TX 75201
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 Grantor, for a valuable consideration paid by Grantee, the receipt and sufficiency of which are
hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee in fee simple, all
that certain lot or parcel of land situated in New Hanover County, North Carolina, and more particularly described as
follows:
SEE ATTACHED EXHIBIT "A"
The property hereinabove described ❑ is or❑x is not the primary residence of the Grantors. R EG E I V E i.t
NOV 08 202"
i�.`,� WILMINGTON, NC
The property hereinabove described was acquired by Grantor by instrument recorded in Book 6669, Page 1544 and
1553.
A map showing the portions of the above -described property is recorded in Plat Book 44, Page 171.
TO HAVE AND TO HOLD the aforesaid lot orparcel of land and all privileges and appurtenances thereto belonging
to the Grantee in fee simple.
The Grantor makes no warranty, express or implied, as to title to the property hereinabove described.
WITNESS WHEREOF, th rantor has duly executed the foregoing as of the day and year first above written.
)9,sylt-) ,W - , �Q
ores W. Angel .
F.
STATE OF NORTH
COUNTY OF NEW HANOVER
1, Robert Calder, Jr., Notary Public, do hereby certify that Dolores W. Angel
and Stephen F. Angel personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
Witness TyhanoodtT Nfficial seal this 1st day of November, 2023.
Printed or typed name of Notary
ROBERT CALDER, JR.
My Commission Expires: 08/07/2027
RECEIVED
NOV 08 2023
OCfvl WILMING", ON, NC
lx
MARITECH DREDGING 108 Circle Dr. Hampstead, NC 28443
Innovative Solutions for the Marine Environment office 910.270.4058
up field 910.297.7710
fax 910.270.4058
November 8, 2023
North Carolina Division of Coastal Management c/o Kelsey Beachman
127 Cardinal Drive Ext.
Wilmington, NC 28405
Kelsey,
I am writing in order to request renewal and transfer of existing NCDENR Major Permit
#47-20 associated with Queens Point LLC located at 2541 Middle Sound Loop Road in
Wilmington. Specifically, I am requesting transfer of the active permit from Queens Point LLC
to Angel Point Wilmington LLC and a 5-year maintenance renewal in order to perform future
maintenance dredging within the permitted template. The transferee will use the permit for the
purposes for which it was issued and the applicant is proposing no substantial change or
modification to the project as proposed in the approved drawings and will adhere to all permit
conditions. The mailing address for the new owner is 2300 Wolf Street Unit 17A, Dallas TX
75201.
Please feel free to contact me directly if any oversight was made in the renewal request or if you
have any questions or concerns. I can be reached by phone at 910.297.7710 or via e-mail at
adamknierim(a)gmail.com. Thank you once again for all of your time and consideration on
this matter.
Sincerely,
Adam C. Knierim, M.S.
President
Maritech, LLC
RECEIVED
NOV 08 2U'l
DCM WILMINGTON, NC
Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vertnit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 1 13-229
Permit Number
47-20
Issued to Queens Point LLC., 300 Green St. N. #1750, Greensboro, NC 27401
Authorizing development in New Hanover County at adi. to Howe Creek and the AIWW, at 2541
Middle Sound Loop Rd., in Wilmington as requested in the permittee's application dated 12/12/19
(MP-1,2) and 3/10/20 (MP-4), including attached workplan drawings (5). all dated "Revised 12/11/19".
This permit, issued on April 21, 2020 . is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
yr mese terms may oe sunject to tines, imprisonment or civu action; or may cause me permit to tie nun ano voia.
Maintenance Excavation
I) In order to protectjuvenile shrimp and finfish populations, no excavation or filling shall be permitted
between April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with appropriate resource agencies.
2) No excavation shall take place outside of the area indicated on the workplan drawings.
3) Excavation shall not exceed -4 feet below the mean low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2023
In issuins this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coa4OGNLapgge5rtent
This permit and its conditions are hereby acce to
aw S %_C
7Cp4 (ilLiviiNG
Signature of Permittee
Queens Point LLC. Permit No. 47-20
Page 2 of 3
ADDITIONAL CONDITIONS
4) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
5) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding
waters outside of the alignment of the till area indicated on the workplan drawings.
6) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or
excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat
propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
7) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the permittee shall immediately report it to the National
Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
Spoil Disposal
8) No spoil material shall be placed within 30 feet of the mean high water line.
9) All excavated materials shall be confined above mean high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
10) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal
Management prior to the commencement of any dredging activities.
Maintenance Clause
l I) 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.r_�t
c Ely
Navigational Aids
12) Unless specifically altered herein, this permit authorizes the installation of 12 day marker type
navigational aids, all as expressly and specifically set forth in the attached permit appplI ,cal�fZn[tkis�011' C
workplan drawings.
Queens Point LLC.
ADDITIONAL CONDITIONS
Permit No. 47-20
Page 3 of 3
13) The navigational aids shall conform with any and all appropriate regulations governing such structures,
including but not limited to marking and lighting requirements of the N.C. Wildlife Resources
Commission and/or the U.S. Coast Guard.
USACE Conditions
14) In order to further protect the endangered West Indian Manatee, Trichechus manalz[s, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee euidelines.pdf.
15) An "As -Built" survey of the dredged channel must be submitted within thirty (30) days of project
completion to the U.S. Army Corp of Engineers Wilmington Regional Office, 69 Darlington Avenue,
Wilmington, North Carolina 28403.
General
16) Any necessary easements or similar legal instruments shall be obtained prior to the initiation of dredging
aactivities.
17) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
18) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the
permitted activity without having it transferred to a third party.
19) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
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: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2005-00435) reissued 4/21/20.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4175 and assigned the project DWR Project No. 2005-0240 v2.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (910) 796-7215 prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the mean high-water level.
NOTE: An application processing fee of $400 was received by DCM for this project;` 1 ae�f '61o
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources. Nov 0I
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