Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
16159_SHELL ISLAND RESORT HOMEOWNER'S ASSOC_19970314
Wl CAMA AND DREDGE AND FILL GENERAL PERMIT as authorized by the State of North Carolina Department of Environment, Health, and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC � r Applicant Name c so— ,4, `� N33r..Phone Number Arlrlracc IN 01.. i�r� (/a: ec_ fy 1 City � 4a �..' :'X i, si' State /Y f zip 2. Project Location (County, State Road, Water Body, etc.) > 415 All��' s '' '(, / ,1r,' ` c� Type of Project Activity �n , <�li a P v < PROJECT DESCRIPTION I SKETCH Pier (dock) length Groin length number Bulkhead length max. distance offshore Basin, channel dimensions cubic yards Boat ramp dimensions Other This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine, imprisonment or civil action; and may cause the permit to be- come null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) this pro- ject is consistent with the local land use plan and all local ordinances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no objections to the proposed work. In issuing this permit the State of North Carolina certifies that this project is consistent with the North Carolina Coastal Management Program. (SCALE: Z;kitLL 1b 1�E' �" HOMEONVERS' ASSOCIATION, INC VY applicant's signature / permit officer's signature issuing date f expiration date attachments application feey 1A � 3 State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B, Howes, Secretary Roger N. Schecter, Director May 27, 1997 Mr Kenneth H. Shanklin Shanklin and McDaniel P.O. Box 1347 214 Market Street Wilmington, North Carolina 28402-1347 Dear Ken: fD'E_HNR FILE This is in response to your request to extend CAMA General Permit No. 016159-D issued to Shell Island Homeowner's Association for the installation of a sandbag revetment at Shell Island Resort. The permit is hereby extended until June 26, 1997 provided that you agree to the attached amended conditions. These have been revised to address removal of the temporary sheet piles and sandbag debris from bags installed earlier at this site. Please acknowledge your acceptance of the conditions in writing. Please contact me if you have any questions. cc: Roger Schecter Bob Stroud Sincerely, Preston P. Pate, Jr. Assistant Director NHestron Plaza II, 151 B, Highway 24, Morehead City NC 28557 ��y. �� C An Equal Opportunity / Affirmative Action Employer Voice 919-808-2808 FAX 919-247-3330 Courier 11-12- 09 50%recycled / 10% post consumer paper Conditions for Shell Island Resort Homeowners Association Emergency General Permit The temporary sandbag revetment will be constructed as depicted on plans entitled "Proposed Sand Bag Layout with Modified Segment" and included in the report entitled "Variance Request for Emergency General Permit, Shell Island Homeowner's Association Protection Project" dated January 24, 1997. Construction will also be pursuant to modifications to the application proposed by the applicant in the stipulated facts of the variance petition as amended by the Coastal Resources Commission in an order dated February 7, 1997. Those modifications and amendments are as follows: A. The temporary sandbag revetment will be removed within two years of the date of completion, unless the Division of Coastal Management determines, in its sole discretion, that the revetment or portions of the revetment have become covered by dunes with vegetation sufficient to be considered stable and natural. B. During the two year permitted period, the permittee will monitor the sandbags and will report to the Division on their condition semi-annually. The permittee will perform routine maintenance on the sandbags not to include enlargement of the structure beyond its permitted dimensions. If the Division determines, in its sole discretion, that routine maintenance is not being performed, the structure or a portion of the structure is falling into disrepair, or the structure or portion of the structure has been abandoned, the Division may request the permittee to replace or repair the structure or a portion of the structure. The permittee will fulfill the Division's request within 30 days after the request is made. The permittee will not contest the Division's determination. If the Division determines, in its sole discretion, the structure or portions of the structure are in beyond repair or has been abandoned, the Division may request the permittee to remove the structure or portions of the structure. The permittee will not contest the Division's determination. If, in its sole discretion, the Division determines the revetment or some portion of the revetment has become unnecessary due to abatement of the erosion emergency, the permittee will remove the revetment or portion of the revetment. The permittee will not contest the Division's determination. C. The permittee will monitor the erosion rate on the inlet and the oceanfront adjacent to the Shell Island Resort and will report to the Division semi-annually. The monitored area will extend half a mile south. If, after installation of the sandbag revetment, the Division, in its sole discretion, determines that the rate of erosion has increased on the monitored area, the Division may require the permittee to remove or modify the revetment before the expiration of the two year period. The permittee will not contest the Division's determination. 2. The steel sheet piles used to stabilize the trench during construction shall be removed within 48 hours after expiration of this permit or 48 hours after installation of the tubes whichever is sooner. All debris from sandbags installed at this site shall be removed as soon as it is discovered. 4. The Division shall be notified immediately upon completion of construction to make a final inspection and document the completion date. Once the temporary sandbag revetment has been installed, the public will have unrestricted access to the inlet and ocean shoreline. shellis.con Conditions for Shell Island Resort Homeowners Association Emergency General Permit The temporary sandbag revetment will be constructed as depicted on plans entitled "Proposed Sand Bag Layout with Modified Segment" and included in the report entitled "Variance Request for Emergency General Permit, Shell Island Homeowner's Association Protection Project" dated January 24, 1997. Construction will also be pursuant to modifications to the application proposed by the applicant in the stipulated facts of the variance petition as amended by the Coastal Resources Commission in an order dated February 7, 1997. Those modifications and amendments are as follows: A. The temporary sandbag revetment will be removed within two years of the date of completion, unless the Division of Coastal Management determines, in its sole discretion, that the revetment or portions of the revetment have become covered by dunes with vegetation sufficient to be considered stable and natural. B. During the two year permitted period, the permittee will monitor the sandbags and will report to the Division on their condition semi-annually. The permittee will perform routine maintenance on the sandbags not to include enlargement of the structure beyond its permitted dimensions. If the Division determines, in its sole discretion, that routine maintenance is not being performed, the structure or a portion of the structure is failing into disrepair, or the structure or portion of the structure has been abandoned, the Division may request the permittee to replace or repair the structure or a portion of the structure. The permittee will fulfill the Division's request within 30 days after the request is made. The permittee will not contest the Division's determination. If the Division determines, in its sole discretion, the structure or portions of the structure are in beyond repair or has been abandoned, the Division may request the permittee to remove the structure or portions of the structure. The permittee will not contest the Division's determination. If, in its sole discretion, the Division determines the revetment or some portion of the revetment has become unnecessary due to abatement of the erosion emergency, the permittee will remove the revetment or portion of the revetment. The permittee will not contest the Division's determination. C. The permittee will monitor the erosion rate on the inlet and the oceanfront adjacent to the Shell Island Resort and will report to the Division semi-annually. The monitored area will extend half a mile south. If, after installation of the sandbag revetment, the Division, in its sole discretion, determines that the rate of erosion has increased on the monitored area, the Division may require the permittee to remove or modify the revetment before the expiration of the two year period. The permittee will not contest the Division's determination. 2. The Division shall be notified immediately upon completion of construction to make a final inspection and document the completion date. 3. Once the temporary sandbag revetment has been installed, the public will have unrestricted access to the inlet and ocean shoreline. VVILH 1V1VU111GU'OVV111C11LM Public Road \\ (Underground b \ Utilities) �j� • ach Pu arking E ---- i Unties `T v x y ` r 4 F 3. t', 4.tv.�as f• 1 V -6 _ ��r Y af 1. _� �1,;,..✓v ti/� �r� S 0 75 Scale in Feet Mason's Inlet Shell Island Resort (North Tower) LeL7end • Monument Corit6urs`(12/18/96) ry® USAAirbill N�mbe 3889639235 From (please print) Il, riz.„ ) J. e-7 %.x Sender's 91' t� 08— 808 Name . PRESTON P._PATE �. Phone. De NORTH CAROL.IN� DZ'\,' OF i�t7t�t-STAL tJRoor/Suhe/Room Company . P .._._....... 151 P HWY — Ain Address ._ —.... —....... /..._.......__`�L............_.__. NftlREHEAD CITY NC 2 f wa 5 7 City __._ State Zip ... .... ...__._._— ......__.._— © Your Internal Billing Reference Information IOptionaO)First 24 characters will appear on invoice) —_. ... __....... .....���.._._._ __._._.._. To (please print) Recipient's Name SUSAN_MCDANIEL...-.---- ..... ... ..Phone!-9.10L2.56-247D. Dept(Roor/Suite/Roo m f Company _-SHANKLIN- & MCDANIEL,_...Attorneys_at.-..LaTz.—.___ Address —21:_4 --Market-Street--- (To 'HOLD' at FedEx location, print FedEx address here) (We Cannot Deliver to P.O. Boxes or P.G. Zip Codes) city—Wilmin -ton-. --...__.. state _NC----.... zip 28402-1347` ......._._ For HOLD at FedEx Location check here For Saturday Delivery check here �Hold Weekday HOM Satilyday INotavailable ataa )...dons) (Ewa Charge. Not available to all locations) INot available �INot available FedEx First Overnighter �INotavailahlewiM FedEx Frrt Overnight FedEx First Ovirmightl FedEx Standard Overnight) or FedEx Standard Overnight) Service Conditions, Declared Value, and Limit of Liability— By using this Airbill, you agree to the service conditions in our current Service Guide or U.S. 1 Government Service Guide. Both are available on request SEE BACK OF SENDER'S COPY OFTHIS AIRBILL FOR INFORMATION AND ADDmONALTERMS. We vvill not be responsible for any claim in excess of SIOO per package whether the result of loss, damage, or delay, non -delivery, misdelivery, or misinformation, unless you declare a higher value, pay an additional charge, and document your Questions? Call 1.800'Go-FedEx (1.800-463-3339) actual loss in a timely manner. Your right to recover from us for any loss includes intrinsic value of the package, loss of sales, interest profit allDmoys fees, costs, and olherforms of damage, whether direct, incidental, consequential, or special, and is limited to the greater of$100 or the declared value but cannot exceed actual documented loss. The maximum declared value for any FedEx Letter and FedEx Pak is $500. Federal Express may, upon your request, and with some limitations, refund all transportation charges paid. See the FedEx Service Guide for further details. Sendp.' o Delivery orcommunismin oarea. XpreSS Package Service Packages under 15016s. be later in some areas. VedEx Priority Overnight FedEx Standard Overnight FedEx 20aye • (Next business morning) INaxt business afternoon) (Second business day) El NE W FedEx Fist OvemiQilt - FedEx Loner Rate not available. IEarliestnextbusinessmorning dal iv ary to select locations) Minimumcharge; (Higher rases apply) one pound FedEx 20ay rate. . Express Freight Service Packages over 150 lbs. Oeliverycommitment may p g g beI rin some areas. �Fed'xOvernightFreight ❑FadEx2DayFreight o Fed Ex Express Saver Freight (Nett businesrday service (Second business-tlay (up to 36usines5-day service for any distance) service for any distances based upon distance) • (Call for delivery schedule. See back for detailed descriptions of freight products.) Packaging edEx FedEx FedEx FedEx Other Vletter ❑ Pak ❑ Box Tube Pkg. L—Declared value limit 5600.—J . ' Special Handling IMP, e &.it aappar5 strip Does this shipment contain dangerous goods? ❑ yes ao. l ❑ yes ` ) Drylce CAD Cargo Aircraft Only Drylce, S,UN 1845111,_.._..__...x .� kg. 904 Mangereus Goods Shipper's Declaration not reeuiredl • Payment Bill Sender Recipient �ThirdPany oCreditCard Cash/ t0: IAccaumno.in Check section l wil) be billed) adEx account no. or Credit Card no. below) • FedEx 1184— 0231-6 Account No. ... _... .... Credit Exp. CardNo. _........ .... _... ...... ..._.. —Date • Total Packages Total Weight Total Declared Value' Total Charges $ .00 S 'When declaring a value higher than SIDO per shipment you pay an additional charge. See SERVICE CONDITIONS, DECLARED VALUE AND UMIT OF UABILIIY section for Further information. • Release Signature Sign to authorize deliverywithourobtaining signature. Your signature authorizes Federal Express to deliver this ship- ment without obtaining a signature and agrees to indemnify and hold harmless Federal Express from any resulting claims. • The World 0�2 Time 272 Rev. Data 6/96 PART If47955 01%4.96 FedEx PIiYNiEO IN U.S.A. • care trot _ _r—i Teens And Conditions Definitions On this airbill, we, our and its refer to Federal Express Corporation, its employees, and agents. You and your reter to the sender, its employees, and agents. Agreement To Terms By giving us your package to deliver, you agree to all tiff: terms in our current Service Guide, which is available an request. You also agree to those terms oit behalf of any third party with an interest in the package. It there ss a conflict between the Service Guide and this Airbill, the Service Guide will control. No one is authorized to change the terms of our Agreement, Responsibility For Packaging And Completing Airbill You are responsible far adequately packacirI,yp ur goods and properly filling out this airbill. If you omitthe n9ber of packages andlor weight per package, our billing will be based on our best t'stimafe of the number of packages we received and/or an estimated "default' weight per package as determined by us. Responsibility For Payment Even if you give us different payment instn.uaiens, YOU will alwaysba primarily responsible for all.dewery costs, as well as any costwe incur in either returning Your package to you or warehousing it pending disposit oo. Limitations On Our Liability And Liabilities Not Assumed • Our liability for foss or damage to your package is limited to your actual damage or SIN, unless you declare a higher value, pay an additional charge, and document your actual loss in a timely manner. You may pay an additional charge tar each additional $100 of declared value. The declared value does not constitute, nor do we provide cargo liability insurance, • In any event, we wiif not be liable for any damage, whether incidental; special, or consequential in excess of the ddclared value of a shipment, whether or not Federal Express had knowledge that such damages might be incurred including but not limited to loss of mconte or profits. • We.. won"t be liable: - for your acts or omissions including but not limited to improper or insufficient packing, securing, marking, or addressing or those of the recipient or anyone else with an interest in the package -�N, or the recipient violate any of the terns of an Agmenien't For loss or damage to shipments of prtihlbited items - far loss, damage. or delay caused by events we cannot control, Including but not limited to acts of God, perils of the air, weather conditions, acts o1 public enemies, war"strikes, civil commotions, or acts of public authorities with actual or apparent authority. Declared Value Limits • The highest declared value allomted for FedEx Letter and FedEx Pak shipments is S500. • For other shipments, the highest declared value allowed is S50,000 unless your package contains items of "extraordinary value," in which case the highest declared value allowed is $500. • Items of "extraordinary value" include shipments containing such items as artwork, jewelry, furs, precious metals, nego- tiable instruments, and other items listed in our Service Guide • You may send more than one package on this airbnl and fill in the total declared value for all packages, notto exceed the Stoo, S500 or $50,000 per package limit described above. (Example: 5 packages can have a total declared value of up to $250,000.) In that case, our liability is lirnit:ed to the artual value of the pack- age(s) lost cur damaged, but may not exceed the maximum allowable declared value(sl or the total declared value, which- ever is less. You are i esponsible for proving the actual loss or damage. Filing A Claim YOU MUST MAKE ALL CLAIMS IN WRITING and notify us of your claim within strict time Irnits set out ;n the current Service Guide. Weil consider your claim filed if you notify our Customer Service Dapartmont: at 1.800•Go•FedEx and make your clam in writing as soon as possible. . Within 90 days after you notify us Of your claim, you must send us all the information you have about it. We aren't obligated to art on any claim until you have paid all transportation charges, and you may not deduct the antoupt of your claim from those charges. If the recipient accepts your package without noting any damage on the delivery record, we will assume the package was delivered in good condition. For us to process your claim, you must make the original shipping cartons and pecking available for inspection. Right To (nspeciLiWe may. inCOu option open and noSpect Your packages before or after you opve thery to us to deliver. Right Of Rejectioril We resr rvo dtiq ightin r'eiect,a shfpttjdnt_wr tducra si iturie¢t "'Ovid br-Thely ib causedelay or damage tO dtkershipmeiiis, egwtirrent of personnel or if its shipment is prohibited by law; or if i ;e shipment would violate any terms of our Agreement or oue cutterrt Saralee Guide C.O.D. Services C.0 0. SERVICE IS NOT AVAILABLE WITH THIS AIRi3ILL If C.O O. Service is required, phase use a Federal',, Express C.O.D, anal, Air Transportation Tax Included Our basic rate ncludes a fader<tl tax refit:fired by internatRevenue Code SasYp 4271 on the air transportation portion ntthis service. Money -Sack Guarantee In the event of untimefy delivery Federal Express ,% ill at yoi.n request and vvith some limitations. refund or credit all transportation charges. See current Service Guide for more information Freight Services There are savo,al Freight service options, depending on your transit titre needs. • FedEx Overnight Freight: Next husmess-day service to all points in the 43 states, rates are un icrm. regardless of distance slipped. FedEx 2Day Freight: Second b :n s-day service to all points in the 43 states; rates are rmifar;n, regardless Of nistanr"e shipped. • FedEx Express Saver Freight: Up to 3 bus;iiess-day service to all points in the 48 states: rates orrr based upon tie distance shipped. ru+�! is / �s�'I;)9'i1 • R�: G Conditions for Shell Island Resort Homeowners Association Emergency General Permit The temporary sandbag revetment will be constructed as depicted on plans entitled "Proposed Sand Bag Layout with Modified Segment" and included in the report entitled "Variance Request for Emergency General Permit, Shell Island Homeowner's Association Protection Project" dated January 24, 1997. Construction will also be pursuant to modifications to the application proposed by the applicant in the stipulated facts of the variance petition as amended by the Coastal Resources Commission in an order dated February 7, 1997. Those modifications and amendments are as follows: A. The temporary sandbag revetment will be removed within two years of the date of completion, unless the Division of Coastal Management determines, in its sole discretion, that the revetment or portions of the revetment have become covered by dunes with vegetation sufficient to be considered stable and natural. B. During the two year permitted period, the permittee will monitor the sandbags and will report to the Division on their condition semi-annually. The permittee will perform routine maintenance on the sandbags not to include enlargement of the structure beyond its permitted dimensions. If the Division determines, in its sole discretion, that routine maintenance is not being performed, the structure or a portion of the structure is falling into disrepair, or the structure or portion of the structure has been abandoned, the Division may request the permittee to replace or repair the structure or a portion of the structure. The permittee will fulfill the Division's request within 30 days after the request is made. The permittee will not contest the Division's determination. If the Division determines, in its sole discretion, the structure or portions of the structure are in beyond repair or has been abandoned, the Division may request the permittee to remove the structure or portions of the structure. The permittee will not contest the Division's determination. If, in its sole discretion, the Division determines the revetment or some portion of the revetment has become unnecessary due to abatement of the erosion emergency, the permittee will remove the revetment or portion of the revetment. The permittee will not contest the Division's determination. C. The permittee will monitor the erosion rate on the inlet and the oceanfront adjacent to the Shell Island Resort and will report to the Division semi-annually. The monitored area will extend half a mile south. If, after installation of the sandbag revetment, the Division, in its sole discretion, determines that the rate of erosion has increased on the monitored area, the Division may require the permittee to remove or modify the revetment before the expiration of the two year period. The permittee will not contest the Division's determination. 2. The Division shall be notified immediately upon completion of construction to make a final inspection and document the completion date. 3. Once the temporary sandbag revetment has been installed, the public will have unrestricted access to the inlet and ocean shoreline. "4 Bag Otit Proposed - Sand L."XLL with MO'di6"�d' Seg,'Ment,,,�., 13— Public Road (Underground Utilities) --I 9ch Pi arking. 0 75 Scale in Feet Mason's Inlet ----------------------- 0 Shell Island Resort (North Tower) Legend 0 Monument -State of North Carolina Department of Environment, and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Bill Holman, Secretary Donna D Moffitt, Director CERTIFIED MAIL, # 7099 3400 0003 7009 0786 RETI�RN RECEIPT REQUESTED Shell Island Homeowner Association c/o Kenneth A. Shanklin 214 Market Street Post Office Box 1347 Wilmington, NC 28402-1347 • NCDENR RE:)EP.4RTMENT OF ENVIRONMENT ANC:- NATURAL RESOURCES June 28, 2000 RE: Request for Extension of Permit CAMA and Dredge and Fill General Permit No. 016159-D Geotextile Revetment at Shell Island Resort Hotel Shell Island Homeowners Association, Inc. New Hanover County Dear Mr. Shanklin: ni- 0 6 2000 The Wilmington Field Office has reviewed your June 12, 2000 request, on behalf of the Shell Island Homeowner's Association, Inc., for an extension to allow the existing geotextile revetment to remain in place until December 31, 2001. As you are aware, CAMA General Permit No. 016159-D was conditioned to require the temporary revetment to be removed within two years of the date of completion, unless the Division of Coastal Management determines, in its sole discretion, that the revetment or portions of the revetment have become covered oy dkiaes with vege--ion sufficient to be considereO stable and natural. Currently no vegetated dunes cover the revetment. General Permit No. 016159-D was issued after a variance from T15A NCAC 7H.1705(a)(5) and (10) and T15A NCAC 7H.0308(a)(2)(E) and (J) was granted by the Coastal Resources Commission. The Final Order in the matter issued by the Commission on February 7, 1997, placed additional conditions on the project which mandated the the length of time the revetment could remain in place. On July 23, 1999, the Shell Island Homeowners Association, petetioned the Coastal Resources Commision and received a variance to to extend the revetment removal date. The F;"al 0-,dc,- l,i cJ�,uce - 3, ; issued in s sst 5, 1999. and extended the removal date until September 17, kuO. Your request to allow the revetment to remain in place beyond September 17, 2000 is inconsistent with the Commission's Final Order and therefore can not be authorized. If you have questions concerning this matter, please call me at (919) 395-3900. cc: Charles S. Jones Bob Stroud, District Manager Dave fleeter S' erel E. F. Brooks Field Representative 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer