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HomeMy WebLinkAbout20211116 Ver 1_#127-21 Transfer Request NH_20211102ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Cameron Luck Assistant Major Permits Coordinator, Wilmington FROM: Katharine Elks Field Representative, Wilmington THRU: Tara MacPherson DCM, District Manager, Wilmington DATE: November 1, 2021 SUBJECT: Major Permit Transfer Request: State Permit No. 127-21 Bay House, LLC to Tyler and Caroline Covington Action ID SAW-2021-01513) 127 Beach Road South, Wilmington, New Hanover County As acting agent for Mr. Tyler Covington and Mrs. Caroline Graves Covington, Andy Dortch with Land Management Group is requesting the transfer of State Permit No. 127-21. State Permit # 127-21 was originally issued to Bay House, LLC on September 22, 2021 for shoreline stabilization and docking facility expansion. State Permit 127-21 is due to expire on December 31, 2024. A deed, dated August 24, 2021, is included indicating that Bay House, LLC sold 127 Beach Road South to Mr. and Mrs. Covington. This Office has no objection to the transfer and renewal of State Permit No. 127-21. Land Management Group has submitted a check for $100.00 (no. 2361) for the transfer. Enclosures cc: WiRO files USACE Holley Snider, DWR £D_E Npf]4I CAROUNA Op/4m iajaia.uhi� /`d North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 LMG %II Nr(, it)IT oAVEY ,th,:::,,,. October 29, 2021 TO: Katharine Elks North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 127 Beach Road South (CAMA Major 127-21, DWR 2021-1116, Corps SAW-2021-01513) CAMA Permit Transfer Request Katharine, Please find enclosed a CAMA Permit Transfer request for the 127 Beach Road South Project located adjacent to the Intracoastal Waterway, Wilmington, New Hanover County, North Carolina. Specifics of the proposed work involve transfer of CAMA Major 127-21, DWR 2021- 1116, and Corps SAW-2021-01513 permits from Bay House LLC to Tyler Covington and wife, Caroline Graves Covington as recorded in New Hanover County Register of Deeds Book 6485 Page 2973, August 30, 2021. Please let me know if you have any questions or need anything in addition to accept this transfer request as complete. Sincerely, ak v `Oeswi Andy Dortch Land Management Group Enclosures: Agent Authorization; Deed and Existing Permit; 100$ Permit Transfer Fee Check cc: Tyler Covington and Hall Barnett RECEIVED OCT 29 2021 w%sw.lmgroup.net • infocilimgroup.net • Phone: 910.452.0(101 • Fax: 910.452.1)(160 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DCM WILMINGTON, NC AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Tyler Covington Mailing Address: %!if M/r /j,?n 7 L /� /( L' �l` �U ter Phone Number: ,%1 76) S Zc- Email Address: TCovington@collettcapital.com I certify that I have authorized Land Management Group Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits installation of fixed pier and necessary for the following proposed development: docking facility, obtain permit transfer, figure 8 HOA application at my property located at 127 Beach Road South, Wilmington NC in New Hanover County. Y 1 furthermore certify that 1 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: Signatur 7 Print or Type Name Title / l e 2' Date This certification is valid through 12 /31 I2022 RECEIVED OCT 2 9 2021 DCM WILMINGTON, NC Permit Class NEW Permit Number 127-21 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Verrnit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Bay House LLC., 2319 Lake Dr., Raleigh, NC 27609 Authorizing development in New Hanover County at adj. to Banks Channel, at 127 Beach Rd. South, on Figure Eight Island , as requested in the permittee's application dated 6/16/21, including attached workplan drawings (5), Sheets 1-5 of 5 all dated 6/16/21. This permit, issued on September 22, 2021 , 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. Shoreline Stabilization - Bulkhead 1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 2) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 3) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. (See attached sheets for Additional Conditions) This permit action may be appealed by the petmittee 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, 2024 In issuing 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 Coastal Management RECEIVED This permit and its conditions are hereby accepted. OCT 2 9 2021 DCM WILMINGTON, N Signature of Permittee Bay House LLC. Permit No. 127-21 Page 2 of 3 ADDITIONAL CONDITIONS The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. ) The bulkhead shall be constructed prior to any backfilling activities. ) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. ) This permit does not authorize any excavation waterward of the approved alignment. ) The fill material shall be clean and free of any pollutants except in trace quantities. ) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 10) No backfill material is to be placed within 30 feet of the mean high-water level, except that which will be used to backfill the area behind the permitted bulkhead. 11) All fill material to be placed below mean high-water level shall be confined behind the permitted bulkhead. Docking Facility Expansion 12) This permit authorizes only the demolition of the existing docking facility and the construction of the docks, piers, boat lifts and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 13) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 14) This permit authorizes 2 additional formalized boat slips for a maximum of 4 formalized boat slips at this docking facility. 15) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 16) The authorized structure and associated activity shall not cause an unacceptable interfereric ytiXh,UED navigation and shall not exceed the dimensions shown on the attached permit drawings. ll..Ct�� USACE Conditions OCT 2 9 2021 17) In order to further protect the endangered West Indian Manatee, Trichechus manatu e)4611Mbhr$dkt. implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at hulls. vvAvA 1vv.,eo� rztleiTh pclk \1mi,att.Cniidr_Iincs2017.pol1 Bay House LLC. Permit No. 127-21 Page 3 of 3 ADDITIONAL CONDITIONS Sedimentation and Erosion Control 18) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 19) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. 20) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 21) 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. 22) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in appropriate waste receptacles in an upland location. 23) 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 Regional General Permit 197800056 and 197800080 (Action ID SAW-2021-01513). 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. 2021-1116. 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. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. RECEIVED OCT 2 9 2021 DCM WILMINGTbN, BK: RB 6485 PG: 2973 - 2975 RECORDED. 08/30/2021 09:24:51 AM BY ANDREACRESWELL ASSISTANT 2021042227 NEW HANOVER COUNTY, TAMMY THEUSCH PIVER REGISTER OF DEEDS NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $ 6,700.00 NC FEE $26 00 REAL ESTATE EXTX $6700.00 ELECTRONICALLY RECORDED Parcel Identifier No. R04520-003-001-003 Verified by County on the day of' 20 By: Mail/Box to: J, C. Hearne II, Attorney at Law, 265 Racine Dr, Wilmington, NC 28403 This instrument was prepared by: Eugene B. Davis Jr. P.C. Attorney at Law, 1612 Military Cutoff Road, Suite 301 Wilmington, NC Brief description for the Index: LOT 127, SEC 8, Figure Eight Island THIS DEED made this 2nd day of August 2021 , by and between GRANTOR Bay House, LLC, a North Carolina limited liability company 2319 Lake Dr. Raleigh, NC 27609 GRANTEE Tyler Covington and wife, Caroline Graves Covington 127 Beach Road S Wilmington, NC28411 Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, fentinine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land or condominium unit situated in the City of Wilmington Township New Hanover County, North Carolina and more particularly described as follows: See Attached Exhibit "A" RECEIVED OCT 2 9 2021 "the property hereioahove described was acquired by Grantor by instrument recorded in Book 6112 page DCM2 LMINGTON, NC All or a portion of the property herein conveyed includes or X does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book 13 page 47 Page 1 of 2 NC Bur Association Form No. 3 01976, Revised © 1977, 2002. 2013 This standard form has been approved by: Printed by Agreement with the NC Bar Association — 1981 North Carolina Bar Association — NC Bar Form No. 3 submitted electronically by "J.C. Hearne, II, Attorney at Law" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover County Register of Deeds. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: ad valorem taxes for ctarent and subsequent years; applicable zoning and land use ordinances, statutes and regulations; and applicable restrictive covenants and easements of record IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. Bay House, LLC / // .' ntity Name' By: %J,./t(1 ' Print/Type Name & Title: Hall Bamett Member/Manager By: (SEAL) Print/Type Name & Title: Print/Type Name: Print/Type Name: (SEAL) (SEAL) Print/Type Name: By: (SEAL) Print/Type Name & Title: Print/Type Name: State of - County or City of I, the undersigned Notary Public of the County or City of and State aforesaid, certify that personally appeared before me this day and acknowledged thedue execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this day of 20 My Commission Expires: Notary Public (Affix Seal) Notary's Printed or Typed Name State of - County or City of 1, the undersigned Notary Public of the County or City of and State aforesaid, certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this day of 20 My Commission Expires: Notary Public (Affix Seal) Notary's Printed or Typed Name State of North Carolina - County or City of New Hanover VC-tte e I, the undersigned Notary Public of the County or City of Wake- YC.j\(L' . and State aforesaid, certify that Hall Bamett personally came before me this day and acknowledged that _he is the Member/Manager of Bay House, LLC a North Carolina or corporation/limited liability company/general partnership/limited partnership (strike through the inapplicable), and that by authority duly given and as the act of such entity, _9he.signed the f�regoing instrument in its name on its behalf as its act and d .. ✓dine ,. hand and Notarial stamp or seal, this 4 day�\of- ✓- j u..'tk August t 2021 . . r /i L'r4f. \� 1(• A^ LC -t `C1 My Commissio t .tt r �. �, /'>/°: lAtieWtA u ^ R1.. f 0 Notary Public (Affix Seal) 0? , Notary's Printed or Typed Name NC Bar Association Form a ed ©1977, 2002, 2013 Printed by Agreement with the NC Baru. sociation - 1981 Page 2 of 2 RECEIVED 1311s standard form nrryt¢earpproyep A: North Carolina Bar Association - NC Bar Form Na 3 DCM WILMINGTON, NC Exhibit "A" Being all of Lot 127, Section 8 of the property of Figure Eight Island Company as shown on map thereof, recorded in Map Book 13 at Page 47 of the New Hanover County Registry, and being the identical property conveyed by the Figure Eight Island Company by Deed dated October 30, 1972, recorded in Book 953, Page 250, New Hanover Registry. SUBJECT TO a non-exclusive, perpetual, appurtenant easement of right of way, three feet (3.00') in width along and within all property lines, for purposes of pedestrian ingress, egress and regress over said property in conjunction with dock access, hereby created, reserved, and granted for the non-exclusive benefit and use of Hall Barnett or any direct family member of his ("direct family member" being defined as his then -current wife (or widow upon Hall Barnett's passing) at the time of use of the easement and his natural born children and their issue), for so long as Hall Barnett or a direct family member of Hall Barnett owns any real property on Figure 8 Island. It is agreed that the said right of way is intended to be and shall be used solely by Hall Barnett or any direct family member of his as a means of ingress, egress and regress by foot to and from any existing or proposed dock attached to the property and shall be an easement appurtenant to the lands of Grantee. This easement shall terminate and all associated rights granted thereby cease to exist without the necessity of further action on the public record when neither Hall Barnett nor any other direct family member of Hall Barnett owns any real property on Figure 8 Island, ascertainable by a search of the public records of the office of the New Hanover County Register of Deeds, the Estate Section of the New Hanover County Clerk of Court, and the office of the New Hanover County Tax Assessor. Upon issuance of a Certificate of Occupancy for a house to be constructed on property, said easement shall be relocated to a location on the lot determined i si4Rf EIVEf.7 reasonable discretion of the homeowners. OCT 2 9 2021 DCM WILMINGTON. NC Permit Rct. # Number/Comments ci U Ql W Ul .-1 major transfer fee; #127-21 Bay House, LLC to Covington, 127 Beach Rd S, Wilmington NHCO Check Check Number amount O O O O in- .--1 tD m N Vendor United Bank Name of Permit Holder Bay House LLC Check From Davey Resource Group Date Deposited C3JN 4.4 0 � ...... v .-1 0 N c-i