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20200108 Ver 1_DCM Correspondence_20230425
ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director SENT VIA EMAIL NORTH CAROLINA Environmental Quality April 24, 2023 Southern Marinas Calabash, LP, Calabash Marina Permit Refinement State Permit No. 55-20 Southern Marinas Calabash, LP, Calabash Marina c/o Timothy Moon (Agent) 1207 Riverview Dr. Calabash, NC 28467 Dear Mr. Moon, This is with reference to the request received from Timothy Moon (Agent) on April 12, 2023 by DCM to refine State Permit No. 55-20, which was originally issued to New Moon Holdings, LLC on May 8, 2020. The permit authorized the construction of a 23-slip commercial marina, dry stack facility, retail store, bulkhead replacement, and maintenance excavation located at the end of Riverview Drive on the Calabash River, in Calabash, Brunswick County, NC. The permit was transferred to Southern Marinas Calabash, LP, Calabash Marina on June 15, 2022. State Permit No. 55-20 is due to expire on December 31, 2023. The action proposed in your submittal is to temporarily change the spoil site location for one-time use from the authorized location at 604 Seaside Rd SW, Sunset Beach to 5790 Old Georgetown Rd SW, Shallotte. The previously authorized spoil site has been sold to a new owner and a new permanent spoil site location has yet to be determined. The proposed temporary spoil site would be located entirely outside of the Estuarine Shoreline AEC. Approximately 253 yd' of authorized spoil material will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover into marsh or surrounding waters. Upon reviewing the information provided, the Division of Coastal Management has determined that the proposed action is consistent with existing State rules and regulations and is in keeping with the original purpose and intent of the permit. I hereby submit this Letter of Refinement authorizing the modification of State Permit 455-20, as described in your request dated April 12, 2023. Please note this refinement does not alleviate the need to obtain any other local, state or federal permits. If you have any questions concerning the above or if I can be of any other assistance, please contact me at 910-796-7226. Sincerely, r ara tviacrnerson District Manager cc: Cameron Luck, MHC DCM USACE George Mabes, LPO WIRO Holley Snider, DWR 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 AGENT AUTHORIZATION FOR CAMA PERMIT MODIFICATION Name of Property Owner Requesting Permit: SOUTHERN MARINAS CALABASH, LP Mailing Address: Phone Number: Email Address: 1207 RIVERVIEW DR CALABASH, NC 28467 810-701-4711 tmoon@calabashmarina.com I certify that I have authorized Timothy Moon, Agent / Contractor to act on my behalf, for the purpose of modifying CAMA permit #55-20 necessary for the following proposed development: 1, Ike Williamson, authorize Timothy Moon, Southern Marinas Calabash, LP, to offload spoils at my Drooei lr in Calabash, Brunswick County. 301 I 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: Ike Williamson !kF- W .l ✓#tn^Sdn1 Print or Type Name DW nP�� Title 3 Date This certification is valid through _m_/_30_/ 2o24_ Brendan Brock CAMA Re: Relocation of Spoil Site CAMA Permit #: 55-20 4/12/2023 Brendan as discussed, the Spoil Area proposed under the original permit was sold. We have selected a new temporary offload site that is owned by Ike Williamson that is being used to dispose of the Sunset Beach Spoils. The project is dredging an area as outlined on the permit plans that will be approximately 253 cubic yards. Mr. Williamson will be hauling the spoils to the disposal site at 5790 Old Georgetown Rd SW in Shallotte, Brunswick County. We plan to start the project the first week of June. The dredging will take approximately 4 days. Please let me know if you have any questions or need any additional information. Tim Moon General Manager Southern Marinas Calabash, LP 1207 Riverview Or Calabash, NC 28467 Cell: 239-288-9621 Q�,d'OVti�'%'o �0\-\ Google Maps N , ..eO G:ESPtl.Mn Tce Sa TD GFk PMI.t Qi • L GZN Si S b SVNrype�` � /••� E ,P Sb Cuvs ez� Aa�aCuwyG.NPe yL f � ,© e<:e6 rEroee. �¢ } ;1a OO _ r meve,aaaEEtl"`"""'" �r,�'1 Pstr Bry.a�yi EE ,yE R i� Map date 02023 Google 1mi, © a(--Ia 66k .4ct. Daelt C9�u� is Ef ;P�S5'-Zo O -vo; :I:ke (w;jjlia�K5vrl n [ J 5-7 10 VCA 6GCTv-- �C �1. Sw JkNVO ............................ - Permit Class Permit; Number TRANSFER 55-20 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission �e�11�it for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 i • Excavation and/or filling pursuant to NCGS 113-229 issued to Southern Marinas Calabash, LP, Calabash Marina 1207 Riverview Dr. Calabash, NC 28467 Authorizing development in Brunswick _County at adj. to Calabash River, Lots 11-16 Block 2 & I ots 14-19 Block 3 River View Dr., in Calabash, as requested in the permittee's application dated "Rec DCM Wilm 10/9/19" (MP- 1), 11/4/19 (MP-2, 4) & 10/8/19 (MP-3), incl art workplan drawings (4), as referenced in Condition No.1 below. This permit, issued on June 15 2022 , is subject to compliance with the application (where consistent with the nermit). all applicable regulations, special conditions and notes set forth below. Any violation of these terns may to subject to fines, imprisonment or civil action; or may cause the permit to De nun ano vmu. 1) Unless specifically altered herein, all work shall be done in accordance with the permittee's application and work plan drawings (13), Sheets 1-7 of 7 all dated "revised 5/5/2", Disposal Site dated "Received DCM Wilmington 10/9/19", and Cl, C2, C2.1, C3 and C6 all dated 3/18/20, and the marina operation plan dated "Received MP Section MHD 2/25/20". Upland Development — Urban Waterfront 2) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the 3 dry ctackc, buildings, parking lot, travel lift improvements, and other all as expressly and specifically set forth in the attached permit application and workplan drawings. (See attached sheets for Additional Conditions) This permit action may be appealed by the pennittee 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. ���rrr Any maintenance work or project modification not cod hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2023 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. signed Dy me aumuray of me ow-o Y ........� •.,,.....- ....-.. of the COB Resources Commission. . Q R For Braxton C. Davis, Director Division of Coastal Management are hereby accepted. Signature of Southern Marinas Calabash, LP ADDITIONAL CONDITIONS Permit No. 55-20 Page 2 of 6 Excavation 3) Should excavation take place within the period of peak biological activity (1 April — 30 September) of any year, to prevent unnecessary siltation into the adjacent water body, a turbidity curtain shall lie left between the area to be excavated and the existing canal for a 24-hour period after completion of excavation or until the project areas has returned to ambient conditions, whichever is greater. 4) No excavation shall take place outside of the area indicated on the workplan drawings. I 5) 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. 6) The temporary placement or double handling of excavated or fill materials within waters or ve.oetated wetlands is not authorized. 7) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding waters. 8) No excavation shall take place within 10 feet of any Coastal Wetlands 9) 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 02 and provisions of the North Carolina Oil Pollution and National Response Center at (800) 424-88 Hazardous Substances Control Act will be followed. $p011 D19p08a1 i t 10) No spoil material shall be placed within 30 feet of the mean high-water line. 11) 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. The barriers shall be maintained and functional until the site is graded and stabilized. 12) 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. __................. _. ...... Permit Class Permit Number NEW 55-20 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vernit"t 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 New Moon Holdines LLC., PO Box 6303, Ocean Isle Beach, NC 28469 Authorizing development in Brunswick County at Adjto Calabash River Lots 11-16 Block 2 &Lots 14-19 Block 3 River View Dr., in Calabash, as requested in the permittee's application dated "Rec DCM Wilm 10/9/19" (MP-U. 11/4/19 (MP-2.4) & 10/8/19 (MP-3), incl att workplan drawings (4), as referenced in Condition No. 1 below. This permit, issued on May 8, 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 if these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null ana Vora. 1) Unless specifically altered herein, all development shall be carried out in accordance with the attached workplan drawings (13), Sheets 1-7 of 7 all dated "Revised 5/5/20", Disposal Site dated "Received DCM Wilmington 10/9/19", and C 1,C2,C2. 1,C3 and C6 all dated 3/18/20, and the marina operation plan dated "Received MP Section MHD 2/25/20". Upland Development — Urban Waterfront 2) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the 3 dry stacks, buildings, parking lot, travel lift improvements, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. (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 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. �� �j/ _ - - Braxton C. Davis, Director Division of Coastal Management This pennit-9THIsxonditions are hereby accepted. of Permittee 12 28 2021 IIIIIIII I I II IIIIII IIIIIIII I II IIII I 1164110 P1234 m ns 27'PROP Brunswick County, NC Register of Deeds page 1 of 3 hotwm to xft-:5 A4 ` H-61 t Type aB =- Q1J otal,�-_A_Rev AAJIP— Int. �„� k $ —Y& - __, Ck # / k.0 Cash $ Refund Cash $ Finance 13Portions of document are illegible due to condition Brenda M. Clemmons Register of Deeds of original. 12-28-2021 12:38:21.001 Brunswick County, NC 13 Document Contains seals verified by original NC REVENUE STAMP: $3980.00 (#799042) instrument that cannot be reproduced or copied. NORTH CAROLINA GENERAL WARRANTY DEED Prepared by: James E. McNeil, Attorney At Law PO Box 6527, Ocean Isle Beach, NC 28469 Delinquent Taxes, if any, will be paid by the closing attorney to the Brunswick Co. Rev. Dpt., upon disbursement of closing proceeds. Excise Tax- $3,980.00 Brief Description for the Index: 2.,r3 Ac v 7/"M71- ^( f33/9?- STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK THIS DEED made this 2,Pr( day of December,2021 by and between. J&J Properties of Calabash. 1, LLC, and J&J Properties of Calabash, 11, LLC, both NC Limited Liability Companies, 1812 New Town Rd. Monroe, NC 28110., GRANTOR, and Southern Marinas Calabash, L.P. GRANTEE, whose permanent mailing address is: 6671 W. Indiantown Rd. Ste. 50 453, Jupiter, FL, 33458. 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. WITNF,SSETH: The GRANTOR, for a good and valuable consideration paid by the GRANTEE, the receipt of which is hereby acknowledged, has a G these presents does grant, bargain, sell and convey unto the G E 1,�ti013 in Fee Simple, all that certain lot or parcel of land situated in ShallottW, Township, Brunswick County, North Carolina and more particularly \�AI described as follows: w (t `44 See Exhibit "A" which is attached hereto alb incorporated herein by reference. This property is not the principal residence of Grantors. IIIIIIIIIIIIIIIIIIIIIIillllllilllllll B4]10 F;43 Mmo3s 2PROP 1.Doi Brunswick County, NC Register of Deeds page 2 of 3 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 has done nothing to impair such title as GRANTOR received, and GRANTOR will warrant and defend the title against the lawful claims of all persons claiming by, under or through GRANTOR, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: IN WITNESS WHEREOF, the GRANTOR has caused this instrument to be signed in the name of the J&J Properties of Calabash, I and J&J Properties of Calabash, 11, Limited Liability Company, by their duly authorized Member- Manager, the day and year first above written immy F. M re, Member- Manager J&J Proper ies of Calabash, I, LLC d �— - Jimmy F. Moo , Member -Manager J&J Properties of Calabash, II, LLC STATE OF NORTH CAROLINA COUNTY OF On this -21PY i day of December,2021, 1, the undersigned Notary Public of the County and State aforesaid, certify that Jimmy F. Moore, personally appeared before me this day and acknowledged that he is the Member- Manager of J&J Properties of Calabash, 1, LLC, and J&J Properties of Calabash, 11, LLC, both North Carolina Limited Liability Companies and that by authority duly given and as act of the Companies, the foregoing instrument was signed' jts name by its Membe Manager � 1 Notary yPublic My Commission expires: 03, O;/z 0 1 ;it - SEAL OR STAMP TAMES E. MCNEIL Notary Public Brunswick County, NC My Commission Expires; C? d%" Z 6) aE�E�vE° APR 1 � 2023 D CM �N IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1 !;;;s'; a 21.001PROP Brunswick County, NC Register of Deeds page 3 of 3 Exhibit "A" BEING ALL of that Lot 2.53 acre tract of land as shown on that map for J&J Properties of Calabash, 1 & 11, prepared by Norris & Ward, Land Surveyors, P.A., a copy of which was recorded on December 22, 2021, in Map Cabinet 133, at Pages 98 of the Brunswick County Registry. Deed References: Book 2275, Page 45, Book 2237, Page 124, Book 1458, Page 867, Book 2644, Page 1370, Book 2060, Page 188, Page 3238, Page 741, Book 4748, Page 1120, Book 4762, Page 694 RECEIVED APR 13 2023 DCM WILMINGTON Thls cedits that there are no delinquent ad Valorem taxac. fses, assessments U other V.38rumwkk County Tax Collector Is Charged with col kg, that are a lien on: Parcel Number as rotated by the Brunswick Coin Assessor's Office. This is not a 64, that the parcel number matches the deed description. MAR 0 8 2017 Y111=: Date (Awl) Tax Cot.! Del. Tax P, IIIII'�I IIIIII�I III IIIIII III"II�III 6rentla 11. CI n0e0o .301P000 Brunsulek ounty, NC Register of Deeds page 1 of e Pre gan LOW 10Ut: �J Total Rev Int. CkS Ck# Ceah$ Refund: Cash $, Finance_ ❑ Pag,, ofdoaurem are eegFbe due bmr i§M otodgna. 13 Doaxmnt omtdm seas verified by original bshummt Natm not be reproduced ormpW. SPECIAL WARRANTY DEED STATE OF NORTH CAROLINA Parcels #2290001202, 22900012, 2290001301, 2290001402,2290001403,2290001416 COUNTY OF BRUNSWICK THIS DEED, made this and day of March, 2017, by and between Sarah S. Williamson (divorced), of 4297 Babson Road, NW, Ash, NC 28420, hereinafter, whether one or more, referred to as "GRANTOR," and Glen Norwood Williamson, Jr. (divorced), whose mailing address is PO Box 742, Shallotte, NC 28459, hereinafter, whether one or more, referred to as "GRANTEE": WITNESSETH THAT the Grantor, in consideration of the sum of ONE DOLLAR to her in hand paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple all of those certain lots or parcels of land situated in Brunswick County, North Carolina, and more particularly described as follows: See Exhibit A attached hereto and incorporated herein by reference. This property _does x does not include the primary residence of the Grantor. The purpose of this conveyance is to vest sole title in the name of the Grantee, free and clear of any marital rights of Grantor to said property, and to allow Grantee to henceforth convey and encumber said property or any portion thereof without the consent or joinder of the Grantor, pursuant to a Mediated Settlement Agreement and Consent Judgment filed January 27, 2017 in 13 CVD 1235, between Grantor and Grantee. Prepared by: Laura E. Thompson, Attorney at Law WITHOUT OPINION ON TITLE PO Box 11028, Southport, NC 28461 (No title examination or opinion requested or rendered) RECEIVED pCM APR 13 *3 WILMINGTON