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HomeMy WebLinkAbout102-16 Renewal 2020 New Bern River Station TTMAM LLCPermit Class RENEWAL Permit Number 102-16 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit 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 New Bern River Station TTMAM. LLC.. 227 East Front Street. New Bern. NC 28560 Authorizing development in Craven County at adj. to Neuse River, East Front Street, in New Bern as requested in the permittee's application dated letter dated 12/19/19. This permit, issued on January 29, 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 of these terms may De subject to rmes, imprisonment or civu action; or may cause the permit to De nun ana voia. 1) This renewal shall be attached to Permit No. 102-16, which was issued to the permittee on 10/19/16, and copies of both documents shall be readily available on site when a Division representative inspects the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this renewal. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 05-1169 v4. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No. 2006-101716. NOTE: A permit renewal application processing fee of $100 was received by DCM for this project. 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, 2021 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 This permit and its conditions are hereby accepted. Signature of Permittee DCM Coordinator: n tQ(Z Permit #: 107-1b Z""' MAILING DISTRIBUTION SHEET Permittee:�f.�'l W Zer �j /Aw, 7%�&y 7Z7 sir cJ J V DCM Field Offices Elizabeth City / Washington (with revised work plan drawings) Morehead City �d Wilmington (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Jordan Jessup (TBD) Greg Curry (TBD) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley at Enviromnental.Review@ncdcr.gov Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD) Marine Fisheries: Curt Weychert NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins / Sharon Gupton State Property: Tim Walton / Mike Moser DEMLR/DWR: Sheri Montalvo / Shelton Sullivan Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Wildlife Resources: Natural Heritage Program LPO: Robb Mairs —401 (Carteret, Onslow, Pender, Brunswick, New Hanome Christine Hall - Stomtwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WARD) Rodney Butler (NCDOT) Travis Wilson NC Division of Coastal Management CAMA Major Permit Renewal Request District: Morehead City Major Permit Staff: Gregg Bodnar • UU=LU LLUU= n Applicant Name: New River Station TTMAM LLC Request Date: 12/20/19 Last First Received in Office: Project Intersection of E Front St & Address: Queen St New Bern Street Address City ZIP Cade CAMA Permit No.: 102-16 Permit Expiration Date: 12/31/19 Payment $ $100 0783 Agent's Name: Greg Finch — Land Management Group District Manager/Field Rep Approve? (Initial NO Appropriate Box) 4(, ❑ DWR Project No: Has substantial development occurred? ';' " , •� Other Information " ' If Yes, YES o Explain Recommend to Renew? Y Fl G If Not Approved, provide Justification: USACE Action ID No.: Staff Signature: Date: NC Division of Coastal Management Cashier's Official Receipt Received From:/Dav�esrimrL2 6irt)ui �x. 1A Permit No.: f''V`A�At -r-Ica—/4 Applicant's Name: NAW B&SO 9-6e1 S*X1 f1 TL9*J L L Project Address: A/e J &V n 11490 A s C D Date: /RT 20 —L7— Check No.: / L23 County: C r-otven Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: Signature of Field Representative: Date: Date: 1 a/6 4 9 tLMG LAND MANAGEMENT GROUP a DAISY# company December 19, 2019 Brad Connell Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Re: CAMA Major Permit #102-16 Extension Request New Bern River Station TTMAM, LLC New Bern, Craven County Brad, On behalf of New Bern River Station TTMAM, LLC, I would like to request an extension to CAMA Major Permit #102-16. Below is a detailed explanation of the need and justification for the extension. An Agent Authorization and $100 extension fee check are enclosed. Once CAMA Major Permit #102-16 was issued on October 19, 2016, the applicant proceeded with local approvals needed to begin construction. They received the required local Certificate of Appropriateness from the Historic District Commission and the only remaining permit needed was a local Special Use Permit (SUP) from the City of New Bern's Board of Adjustment. On June 26, 2017 they took this matter before the Board of Adjustment. After a 4-hour meeting the matter passed unanimously and the approval was granted. However, the approval was then withdrawn because the City of New Bern (City) failed to send the required notice to the only resident of River Station. The approval, and all of the testimony gathered in the hearing was thrown out as a result of this mistake. The City then determined that the existing Uniform Development Ordinance (UDO) did not contain the definition of "marina" and set forth to create the definition and insert it into the UDO. That process took over 18 months, during which the applicant was notable to move the matter forward. Finally, in February 2019, the definition was added allowing the applicant to move the matter forward. On May 6, 2019, the applicant re -applied for the SUP, and again lined up expert witnesses to testify. On the day before the meeting was to occur, the applicant was notified by the City that it had failed to post the required signage giving notice of the meeting. The meeting was cancelled. The next meeting occurred on July 29 at City Hall in New Bern. However, the City again failed to post the proper required signage and the matter had to be postponed again. On August 26 the next meeting was scheduled and the applicant and their team attended. However, the meeting was cancelled due to a lack of quorum. Due to the significant and multiple delays, the City agreed to schedule a special meeting for October 15. Finally, the SUP hearing occurred and was approved. RECEIVED www.lmgroup.net - Phone: 910.452.0001 - Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DEC 2 0 2019 DCM-MHD CITY The applicant finally received all authorizations needed to begin construction on October 15, 2019 and immediately contacted marine contractor for estimates and to schedule the start of construction. An estimate was accepted on December 13, 2019 (attached) and the contractor plans to begin significant site work shortly. Considering the above timeline of events, the applicant has been unable to begin construction until just recently and unfortunately, on the year that the CAMA permit is set to expire. Considering these events, and the fact that the applicant is moving ahead with construction as quickly as possible, I cordially request that CAMA Permit #102-16 be extended, preferably for an additional three years. Please let me know if you have any questions or need anything in addition to authorize the extension. Thank you for your assistance. Sincerely, r.� Greg Finch, Agent Land Management Group Encl: $100 Extension Request Fee Check; Executed Construction Contract Cc: New Bern River Station TTMAM, LLC www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 RECENED DEC 2 0 Z0 DCM-MHD CITY T D EURE MARINE CONSTRUCTION, LLC PO BOX 650 MOREHEAD CITY, NC 28557 TEL: 252-728-4191 FAX: 252-728-4192 December 12, 2019 New Bern Riverstation c/o Hubie Tolson RE: Pricing for New Bern Riverstation Marina TD Eure Marine Construction, LLC proposes to supply the labor, equipment, and materials necessary to facilitate the work specified below. It is the intent of TD Eure Marine Construction to collaborate with owner(s) to provide a tum-key project for any/all items and components described below. . SCOPE OF WORK: Construct marina in (2) Phases, including Walkways, Finger Piers, Mooring Pilings, Water, Electric & Pedastals. Number of slips, pedastals, & mooring pilings are based on the drawing provided with th New Bern Special Use Permit (drawing attached). Construction will be as follows: Phase 1: Total Main Walkway 6x90 $ 31,320.00 Bumpout 4x10 $ 2,320.00 Main Tee 6x153 $ 53,244.00 North Leg 6x30 $ 10,440.00 South Leg 6x30 $ 10,440.00 Fingers $ 20,736.00 Mooring Pilings $ 4,000.00 Start Electric $ 25,000.00 Install Pex on Phase 1 $ 5,000.00 Light Initial Walkway $ 5,500.00 Pedastals $ 13,000.00 Phase 1 Total $ 181,000.00 Phase 2: Total Remaining North Leg 6x143 $ 49,764.00 North Tee 6x105 $ 36,540.00 Remaining South Leg 6x143 $ 49,764.00 South Tee 6x105 $ 36,540.00 Fingers $ 152,064.00 Mooring Pilings $ 28,000.00 Pedastals $ 117,000.00 Install Pex on Phase 11 $ 30,000.00 Phase 2 Total $ 479,672.00 Total for Both Phases $ 660,672.00 Optional Installation of 13,0009 Boat lifts: $12,000 Each Exclusions: Permits, surveying and engineering M We appreciate the opportunity to provide you with this proposal. If you have any questions or need any other assistance, please feel free to contact us. If you agree to the scope of work and pricing listed above, please sign below. O 1,2113117 RECEIVED Accepte as Contract Date DEC 20 2019 DCM-MHD CITY tv Er .n ir Ln 0FFI+CB�: r9 Postage S m Cenitled Fee 2.4d Retum Receipt Fee Poslmak Here (Endomment Requlretl) �s C Restricted Delivery Fee -D (Endorsement Required) r3 Total Postage & Fees ,$ uT p SentTo EW ggS 7L WE! 9tA:/o o fk L i' r,+• ----------------------------- ovoeo ua.'�7EA4T---Fee4![I--S7RT---------------- City, State, OP.4 -..-'.. Certified Mail Provides: ■ Certified mailing receipt lexewd)aoozeaWaoeeaaodsd ■ A unique identifier for your mallplece • A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail, or Priority Mail® • Certified Mail is not available for any class of international mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mall. For valuables, please consider Insured or Registered Mal. in For an additional fee, a Return Receiptm% be requested to provide proof of delivery. To obtain Return Receipt service, please complete aril attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mallplece"Return Receipt Requested". To receive a fee waver for a du licate return receipt. a LISPS, postmark on your Certified Mail receipt is requPred, ■ For ai additional fee, delivery may be restricted to the addressee or addre see's authorized agant. Advise the clerk or mark the mailpiace with the endorsement 'Restricted Delivery". • If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not available an mail addressed to APOs and FPos. NCDERR- North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary February 7,2006 CERTIFIED MAIL New Bern River Station, TTMAM, LLC 227 East Front Street New Bern, NC 28560 Dear Sirs: This letter is in response to your application request under the Coastal Area Management Act (LAMA) to catty out development activities at your property on your property adjacent the Neuse River, in the City of New Bern, Craven County. Processing of the permit application, which was received by the Division of Coastal Management's Morehead City office on December 2, 2005, is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. These items are summarized below: 1) The North Carolina Department of Cultural Resources has requested the submission of schematic designs including landscapin.- details with additional information to complete their review. You will be given five working days from date of mailing. If you can provide the information to this office within the required time, DCM staff will continue processing of the application and the processing clock will not be suspended. If the required information is not provided to this office within the specified timeframe, processing of the application will be suspended until such time as the requested information is provided. In addition, it was brought to our attention by the Department of Cultural Resources that this site needs to be evaluated to determine the effect of the undertaking if this project on the historic district. If, following the completion of the review of your permit application, a CAMA permit is issued, the following condition will be included: Prior to the initiation of any ground disturbing activities within the project area, the permittee shall arrange for a comprehensive archaeological survey and evaluation of the entire project area. This work must be undertaken by a professional archaeological consultant. The purpose of this evaluation will be to identify, record, define and evaluate any archaeological sites within the project area and to determine the effect of the undertaking on the New Bem National Register Historic District. All activities associated with the archaeological investigations shall be conducted in close coordination with the Office of State Archaeology (OSA) through this office. Consultation with the OSA by the consultant must take place prior to the commencement of any fieldwork and well in advance of any ground disturbing activities within the project area. The evaluation and mitigation of any 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252 808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement. not An Equal Opportunity \ Affirmative Action Employer - 50" Recycled 110% Post Consumer Paper cultural resources, where appropriate, must be conducted prior to the initiation of construction activities and in consultation with the OSA. If you have any questions concerning these matters, please feel free to contact me by telephone at (252) 808-2808, or by email me at Jonathan.Howell@ncmail.net. Sincerely, Jonathan Howell Asst. Major Permits Coordinator