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HomeMy WebLinkAbout20050240 Ver 2_DCM Permit Renewals_20231128fw NC Division of Coastal Management �w� I CAMA Mayor Permit Renewal Request 00 LY ` District: U hyll rqtbq Major Permit Staff: Luc L Applicant Information Applicant Name: �I (i]�� ( (] I n l I {)) I �� )Vl / l Request Date: ( Z Last First � `` II Received in Office: Project Address: ,S 4 t Street.Address 1 Cary J Z(P Code CANIA Permit WGa4 , (oj- LUL NO.: 1� — Z 0 Permit Expiration Date: t Z- Agent's Name: l� a Y rZ P ( 1/1 . t_LC C k - Payment $ YES/ NO District -ManagenTield Rep Approve? (Initial Appropriate Box) .,,..e-e-...a a„ Other Information 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. (fucava 0(-\ C'�r���2 YE$/ NO Recommend to Renew? [�' ❑ If Not Approved, provide Justification: Staff Signature: Date: ' 7 No ;h `vuWmaHeparaoeex gEFnvfrotwcental QwUty i. ➢tvteion of Coes-talMaw9=eM Washmgtaa0ffke f. 943Wad*kjtonSgvme Mail I V;ash mblonh Ca IlnaVW% 12M946.8481 F t2FC3an�tfel4li'tire:Eniet•alon I t9ft*Qt0m.Af0rthCW0lhta2"W i 916;7%rM i'—e iY.'fffDfH� F400CnnfineiceAveove I1&.headCMK rthCa ffi a2&557I rsauMBO& 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 4j m0) O U = Z OJ o N O � v v a o, � v Z o v c o a �O u d � u Z 00 N i o u Y � ' CO Q L v O O J 61 = c O txo a C Z t U a a E O u J J u u N ai U m v d +' v 0 N N v 1* mcn H C Ul C O1 O N +-' I, •C O v vZ v mU N w N C C J Z "o a+ J C O C a � 0 O U o C � u N 00 00 1t V Q U Y N E m Q L of � Q J a O m Z a . L a a� E J u r v v r ! m !� o° a a fn M N O ~ pa u C ~