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HomeMy WebLinkAbout91-96 Minor Mod 8/2007 Bald Head Island Limited LLCPermit Class Permit Number MODIFICATION/MINOR STATE OF NORTH CAROLINA Department of Environment and Natural RePour esAUG J and 2 2 2007 Coastal Resources Commission MorAhQad V 9% A r '- uo for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Bald Head Island Limited, LLC., PO Box 3069, Bald Head Island NC 28461 Authorizing development in Brunswick County at Cape Fear River, at South Port off SR 1540 , as requested in the permittee's letter dated 7/20107. including attached workplan drawing (1) dated 7/9/07 This permit, issued on August 7 2007 , 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 uc suoJect to lines, Imprisonment or civil action; or may cause the permit to be null ana void. 1) The permittee is reminded of Condition No. 1 of the original permit which states, "In order to protect juvenile fish and other estuarine resources, excavation of the entrance channel in the River shall not take place between February 1 and July 31 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries." 2) Unless specifically altered herein, this modification authorizes excavation not to exceed -12 feet below the normal low water level, all as expressly and specifically set forth in the attached letter and workplan drawing. In no case shall the depth of excavation exceed the depth of connecting waters. 3) The area of excavation shall not exceed the area previously approved by this permit. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. 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 _o�n—^ December 31, 2007 n issuing this pe late of North Carolina agrees that ct Is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. ,,"' V. k James H. Gregson, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Bald Head Island Limited, LLC Permit # 91-96 Page 2 of 2 ADDITIONAL CONDITIONS 4) This minor modification shall be attached to the original of Permit No. 91-96, which was issued on 6/3/96, renewed on 12/8/99, 2/14/02, 2/23/04, and 12/22/05, and modified on 8/19/99, 5/22/00, 7/16/04, 5/1/07, and amended on 9/18/06, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 5) All conditions and stipulations of the active permit remain in force under this minor modification, unless specifically altered herein. 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: 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. Permit Class MODIFICATION/NIINOR Permit Number 91-96 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission V e rk"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 Bald Head Island Limited, LLC., PO Box 3069, Bald Head Island NC 28461 Authorizing development in Brunswick County at Cape Fear River, at South Port off SR 1540 , as requested in the permittee's letter dated 7/20/07, including attached workplan drawing (1) dated 7/9/07. This permit, issued on August 7 2007 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 Jc suuJccr Lo rues, imprisonmem or ctvu action; or may cause the permit to be null ana vot(I. 1) The permittee is reminded of Condition No. 1 of the original permit which states, "In order to protect juvenile fish and other estuarine resources, excavation of the entrance channel in the River shall not take place between February 1 and July 31 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries." 2) Unless specifically altered herein, this modification authorizes excavation not to exceed -12 feet below the normal low water level, all as expressly and specifically set forth in the attached letter and workplan drawing. In no case shall the depth of excavation exceed the depth of connecting waters. 3) The area of excavation shall not exceed the area previously approved by this permit. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. 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, 2007 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 DENR and the Chairman of the Coastal Resources Commission. James H. Gregson, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Bald Head Island Limited, LLC Permit # 91-96 Page 2 of 2 ADDITIONAL CONDITIONS 4) This minor modification shall be attached to the original of Permit No. 91-96, which was issued on 6/3/96, renewed on 12/8/99, 2/14/02, 2/23/04, and 12/22/05, and modified on 8/19/99, 5/22/00, 7/16/04, 5/1/07, and amended on 9/18/06, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 5) All conditions and stipulations of the active permit remain in force under this minor modification, unless specifically altered herein. 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: 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. r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary August 7, 2007 Bald Head Island Limited, LLC PO Box 3069 Bald Head Island NC 28461 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff - colored form) and the Xerox stamped "Copy". Return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Please retain the original (buff -colored form), as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, V. Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.ncr-oastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper 1*gaqe Cbnf irmat,PA Report 0 Naff4? P/Number Page .st4rt Tiie Elajs6d I Time Mode R61U'its 919104577463 41UG107-2007 08:44AM TUE 611.0z' STD'ECM 0. X]; is DIVISION OF COASTALMANAGEMENT Al NCDENR TO: OFFICE: k4j59;'. Ll (08 'TELEPHONE: 45r1, rl Qap ]FROM: CAA3V Morclicad City Office 400 Commerce Avenue Morclicad City, NC 28557-3421 Voice: (252) 808-2808 FAX: (252) 247-3330 R4 I Menage Confirmation Report Name Number i 1' 0"19104577220 Start;T3. AUG=07-2007 08*46AM TUE IEl�psed Time 01 42" , MoAE�' .. STD Fx;M Results AU0-07; 2007 08:47 AM TUE Fax IN nmbbr,' : 1 2522473330 ' u •• r , • f `' ;1 NaTw I} DCM MHD I r I i DIVISION OF COASTAL MANAGEMENT ' ...rr�. .. '11 ! , DIVISION OF COASTAL MANAGEMENT TO: OFFICE: TELEPHONE: • FROM: NCDENR NORTH CAROLMA DEPARTMENT OF EWRONHENT MD NRORAL RC5O RCL5 Morehead City Office 400 Commerce Avenue Morehead City, NC 28557-3421 Voice: (252) 808-2808 FAX: (252) 247-3330 DATE SENT: TOTAL PAGES INCLUDING COVER SHEET: Permit DCM Coordinator: _ / /In�4 MAILIN:DIjS'rmuT/IO�nN: ��� l�yx Pennitcc: 1� W t i Agent: DCM Field Offices: ' IizebeNr Ei Morehead Cit hin ton n ton US Army Corps of Engineers (USACE): Washington: Mike Bell (NCDOT) Bill Biddlecomc (NCDOT) Raleigh Bland ilmington: Dave Tim Others: Cultural Resources: Renee Gledhill -Early Public Water Supply: Debra Benoy (WMO) Fred Hill (WARO) Marine Fisheries: Mike Street NCDOT: Ken Pace Shellfish Sanitation:. Patty Fowler Tommy C ' later QuilitV7 Cyndi Karoly (for non -DOT o n ennessy Wildlife Resources: Maria Tripp Steve Everhart Travis Wilson (NCDOT) LPO: FAXING DISTRIBUTION: Pennitee at Agent at 1 ° rmeC. n 5/ 0- qS-?- 7ci63 Q d 110 � --� 2ZO DCM Field Offices: Elizabeth City (252-264-3723) Morehead City (252-247-3330) Washington (252-945-0478) Wilmington (910-3 50-2004) US Army Corps of Engineers (USACE): Washington: Mike Bell (NCDOT) Bill Biddlecome (NCDOT) Raleigh Bland (252-975-1399) Wilmington: Dave Timpy (910-2514025) CANLX Major Permit Process Manual Page 70 of76