HomeMy WebLinkAbout20170367 Ver 1_DCM Permit Renewals_20231229District: Choose a district
NC Division of Coastal Management
CAMA Major Permit Renewal Request
Major Permit Staff: Choose Staff
A i licant Information
Applicant Fahle Steven & Cathy
Name:
Last
First
Project 218 Shoreline Dr E.
Address:
Street Address
CAMA Permit
No.:
Agent's Name:
75-19
n/a
Request Date:
12/11/22
Received in Office:
Sunset Beach 28468
City
ZIP Cade
12/31/22 100.00
Permit Expiration Date: Payment $
District Manager/Field Rep Approve? (Initial Appropriate Box)
Other Information
DWR Project 2019-0367
No:
Has substantial
development occurred?
YES
NO If Yes,
Explain:
USACE Action 2019-00545
ID No.:
Recommend to Renew?
If Not Approved, provide
Justification:
YES
NO
Staff
Staff Brendan B ro C k Digitally signed by Brendan Brock
Signature: Date: 2022.12.20 08:12:50 -05'00'
d LL
D_EQ�/��
Yry�
Date:12/20/22
North Carolina Department of Environmental Quality I Division of Coastal Management
Washington Office 1943 Washington Square Mall I Washington. North Carolina 27889 1252.946.6481
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 1910.796.7215
Morehead Clty Office 1400 Commerce Avenue I Morehead Clty, North Carolina 28557 1252.808.2808
12/11/2022
State of North Carolina
Department of Environmental Quality and Coastal Resources Commissions
Re: Major Permit 75-19 issues to Steven R. and Cathy A. Fahle — 218 Shoreline Dr. E. Sunset Beach NC.
28468
Status of current Permit
No work has been done on this permit; we cannot get a contractor to drive the pilings we need
to complete this project. Grice is the on folks in the area and they are out 2 years to drive
pilings. Things are worse after the hurricane we had over the summer.
There have been no changes to the permit plan except the transfer to Steve and Cathy the new
owners in January 2022.
- There are no plans for us to change the ownership of this property
Since we have started no work on this project we are in compliance with all conditions of the
permit
- I have attached a executed copy of the current Permit in place permit number 75-19.
- Attached is a check for 100 dollars made out to the NCDEQ.
Please renew our permit for another 3 years to allow us time to get the dock built based on current
construction delays due to COVID 19. Please let me know if you have any questions regarding.
Thanks
Steven R. and Cathy A. Fahle
218 Shoreline Dr. E.
Sunset Beach NC 28468
ECEIVE J
DEC 1 if 2022
RECEIVED
DEC 147 1
OCM WILMINGTON, Ni i
$
1
$
$
$
$
Permit Class Permit Number
TRANSFER 75-19
$
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
hermit
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 Steven R. and Cathy A. Fahle, 218 Shoreline Dr. Sunset Beach, NC 28468
Authorizing development in
Brunswick County at adi. to AIWW at 218 Shoreline Drive E, Sunset
Beach, as requested in the permittee's application dated 03/07/19 (MP-1) & 03/12/19 (MP-4),
including attached workplan drawing (1) dated received at DCM Wilmington 07/23/19.
This permit, issued on January 31, 2022 , 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.
Docking Facility
1) This permit authorizes only the docks, piers, 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.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structure.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
Signed by the authority of the Secretary of DEQ and the Chair
qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission.
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.
iAll work must cease when the permit expires on
Sg December 31, 2022
$ In issuing this permit, the State of RELEAMFaragrees that
your project is consistent with the North Carolina Coastal
Management Program. DEC 1 4 2o22
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Past
Signature of Pertnittee
1
1
$
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DCM WILMINGTON, NC
RECEIVED
Steven R. and Cathy A. Fahle
3)
DEC 14 2022
DCM WILMINGTON, NC
ADDITIONAL CONDITIONS
Permit No. 75-19
Page 2 of 3
In accordance with commitments made by the permittee and in order to satisfy concerns of the resource
agencies, physical stops shall be placed on the personal watercraft lift at a minimum height of 18" above
the bottom substrate to prevent the personal watercraft lift from disturbing the bottom substrate. The
physical stops shall remain in place for the life of the permitted docking facility.
This permit authorizes a maximum of one (1) formalized personal watercraft slip.
Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not
exceed six (6) feet in width and shall be elevated a minimum of three (3) feet over the wetland substrate
as measured from the bottom of the decking.
6) 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 abandons the
permitted activity without having it transferred to a third party.
7) 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 a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
9)
10)
The authorized covered platform/gazebo shall not be enclosed. Any material used on the sides shall not
obstruct view and shall be permeable to air and water. Lattice is specifically excluded from being used
under this authorization.
The roof of the covered platform/gazebo shall not be designed for second story use.
The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
T15A: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.
General
11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
12) 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.
This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
13)
I14) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit.
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I NOTE:
NOTE:
1
1
Steven R. and Cathy A. Fahle Permit No. 75-19
Page 3 of 3
ADDITIONAL CONDITIONS
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 normal high water level.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local pennits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of Programmatic
General Permit 291 (Action ID No. SAW-20I9-00545), which was issued on 09/19/19.
The N.C. Division of Water Resources assigned DWR Project No. 2019-0367.
An application processing fee of $250 was received by DCM for this project.
RECEIVEf
DEC 1 q�01
DCM
1
1
1
1
1
1
1
1
000909900J90000909J99909oDDD0tr0DDP0900909900900999JJJJDJJDJJDDDDDD009099999J990J9JJJJODDD000D00009009099J9JJJJ9J0J00900090900099J9JJJDJJJJDDtr0DD090090090000J9,004C00DODtrtr0000O00001
I5A NCAC 07J .0404 DEVELOPMENT PERIOD EXTENSION
(a) For CAMA minor permits authorizing beach bulldozing, the permit holder is entitled to request a one-time 30-
day permit extension. No additional extensions shall be granted after the 30-day extension has expired.
Notwithstanding this Paragraph, the permit holder is eligible to apply for another minor permit authorizing beach
bulldozing following expiration of the 30-day permit extension.
(b) All other CAMA permits may be extended where substantial development, either within or outside the AEC, has
begun or is continuing. The permitting authority shall grant as many two-year extensions as necessary to complete
the initial development, with the exception that multi -phased beach nourishment projects may be granted ten-year
extensions to allow for continuing project implementation. Renewals for maintenance of previously approved
dredging projects may be granted for periods not to exceed five years, For the purpose of this Rule, substantial
development shall be deemed to have occurred on a project if the permit holder can show that development has
progressed beyond basic site preparation, such as land clearing and grading, and construction has begun and is
continuing on the primary structure or structures authorized under the permit. For elevated structures in Ocean
Hazard Areas, substantial development begins with the placement of foundation pilings, and proof of the local
building inspector's certification that the installed pilings have passed a floor and foundation inspection. For
residential subdivisions, installation of subdivision roads consistent with an approved subdivision plat shall
constitute substantial development.
(c) To request an extension pursuant to Paragraphs (a) and (b) of this Rule, the permit holder shall submit a signed
and dated request containing the following:
(1) a statement of the completed and remaining work;
(2) a statement that there has been no change of plans since the issuance of the original permit other
than changes that would have the effect of reducing the scope of the project, or previously
approved permit modifications;
(3) notice of any change in ownership of the property to be developed and a request for transfer of the
permit; and
(4) a statement that the project is in compliance with all conditions of the current permit.
(d) For extension requests where substantial development has not occurred in accordance with Paragraph (b) of this
Rule, the Division of Coastal Management may circulate the request to the commenting State resource agencies
along with a copy of the original permit application. Commenting State resource agencies will be given 30 days in
which to comment on the extension request. Upon the expiration of the commenting period the Division of Coastal
Management will notify the permit holder or its actions on the extension request.
(c) Notwithstanding Paragraphs (b) and (d) of this Rule, an extension request may he denied on making findings as
required in either G.S. 113A-I20 or G.S. 113-229(e). Changes in circumstances or in development standards shall he
considered and applied by the Division of Coastal Management in snaking a decision on an extension request.
(f) The applicant for a major development extension rcqucst shall submit, with the rcqucst, a check or money order
payable to the Department in the sum of one hundred dollars (S 100.00).
/*story Note:
Authority G.S. 113A-119; 113A-119.1; 113A-120; 113A-124(c)(8); 113-229(e);
Eff.' March 15, 1978;
Amended Efj: August 1, 2002; August 1, 2000: April 1, 1995; March 1, /99/; March 1, 1985;
November 1, 1984;
Readopted EE/: August 1, 2021;
Amended Eff August 1, 2022.
RECEIVED
DEC 14 2027
DCM WILMINGTON, NC
Steve,
I have attached a copy of the rules for a permit extension but essentially:
To request an extension the permit holder shall submit a signed and dated request containing the
following:
(1) a statement of the completed and remaining work;
(2) a statement that there has been no change of plans since the issuance of the original permit other
than changes that would have the effect of reducing the scope of the project, or previously approved
permit modifications;
(3) notice of any change in ownership of the property to be developed and a request for transfer of the
permit; and
(4) a statement that the project is in compliance with all conditions of the current permit.
(5) A copy of the existing permit
(6) $100 check made out to NCDEQ
Please send the request and the check to 127 Cardinal Dr. Ext., Wilmington, NC 28405 by 12/31/2022.
Brendan Brock
Field Representative
NC Division of Coastal Management
Department of Environmental Quality
910 796-7270 office
brendan.brock@ncdenr.gov
127 Cardinal Drive Ext
Wilmington, NC 28405
RECEIVED
DEC 14 2022
DCM WILMINGTON, NC
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a Portions of document are Illegible due to condition
of original.
Document contains seals verified by original
instrument that cannot be reproduced or copied.
This instrument prepared by: David L. Wortman, a licensed North Carolina attomey. Delinquent taxes, if any, to be paid by the
closing attorney to the Brunswick County Tax Collector upon disbursement of closing proceeds. No title opinion or closing
services rendered by preparer.
NORTH CAROLINA QUITCLAIM DEED
Excise Tax: ---
Parcel identifier No. 256GCO22 Verified by County on the day of
By:
20
PREPARED WITHOUT EXAMINATION OF TITLE
Mail/Box to: The Wortman Law Firm, PLLC, 624 Village Rd., Suite I, Shallotte, NC 28470
This instrument was prepared by: The Wortman Law Firm, PLLC. 624 Village Rd., Suite I, Shallotte, NC 28470
Brief description for the Index: TR-I & 2 .82AC TWIN LAKES PL 59/95 NC 179 0.820AC
THIS DEED made this day of 20� by and between
GRANTOR
STEVEN FAHLE and wife,
CATHY FAHLE
188 Windsor Court
Hampstead, NC 28443
GRANTEE
STEVEN RAY FAHLE and CATHY
ALLEN FAHLE, co -trustees of the
STEVEN AND CATHY FAHLE TRUST
dated December 31, 2012
218 Shoreline Drive East
Sunset Beach, NC 28468
Enter in appropriate block for each party: name, 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, feminine or neuter as required by context.
TO HAVE AND TO HOLD the aforesaid property and all privileges and appurtenances thereto belonging to the Grantee in fee simple.
W ITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, have
remised and released and by these presents do remise, release and forever quitclaim unto the Grantee and his heirs and assigns all right,
title, claim and interest of the said Grantors in and to those certain lots or parcels of land situated in, Shallotte Township, Brunswick
County, North Carolina and more particularly described as follows:
"SEE ATTACHED”
The property hereinabove described was acquired by Grantor by instrument recorded in Book 4545, Page 1228 and Book 4545, Page
1246, Brunswick County Registry.
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Portions of document are illegible due to condition
of original.
Document contains seals vedfled by original
instmmeet that cannot be reproduced or copied.
This instrument prepared by: David L. Wortman, a licensed North Carolina attorney. Delinquent taxes, if any, to be paid by the
closing attorney to the Brunswick County Tax Collector upon disbursement of closing proceeds. No title opinion or closing
services rendered by preparer.
NORTH CAROLINA QUITCLAIM DEED
Excise Tax: ---
Parcel Identifier No. 256GCO22 Verified by County on the day of 20
By:
PREPARED WITHOUT EXAMINATION OF TITLE
Mail/Box to: The Wortman Law Firm, PLLC, 624 Village Rd., Suite I, Shallotte, NC 28470
This instrument was prepared by: The Wortman Law Finn PLLC 624 Village Rd. Suite 1, Shallotte NC 28470
Brief description for the Index: TR-1 & 2 .82AC TWIN LAKES PL 59/95 NC 179 0.820AC
THIS DEED made this day of 20 , by and between
GRANTOR
STEVEN FAHLE and wife,
CATHY FAHLE
188 Windsor Court
Hampstead, NC 28443
GRANTEE
STEVEN RAY FAHLE and CATHY
ALLEN FAHLE, co -trustees of the
STEVEN AND CATHY FAHLE TRUST
dated December 31, 2012
218 Shoreline Drive East
Sunset Beach, NC 28468
Enter in appropriate block for each party: name, 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, feminine or neuter as required by context.
TO HAVE AND TO HOLD the aforesaid property and all privileges and appurtenances thereto belonging to the Grantee in fee simple.
W ITN ESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, have
remised and released and by these presents do remise, release and forever quitclaim unto the Grantee and his heirs and assigns all right,
title, claim and interest of the said Grantors in and to those certain lots or parcels of land situated in, Shallotte Township, Brunswick
County, North Carolina and more particularly described as follows:
"SEE ATTACHED"
The property hereinabove described was acquired by Grantor by instrument recorded in Book 4545, Page 1228 and Book 4545, Page
1246, Brunswick County Registry.
12/20/2022
Date
Received
Date
Deposited
Cathy Fahle
Check From
Steven Fahle
Name of
Permit Holder
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Vendor Check
Number
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Check
amount
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major renewal fee #75-19 BrCo
Permit
Number/Comments
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