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
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Morclicad City, NC 28557-3421
Voice: (252) 808-2808
FAX: (252) 247-3330
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NORTH CAROLMA DEPARTMENT OF
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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