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HomeMy WebLinkAbout91-96 Minor Mod 10/2007 Bald Head Island Limited LLCPermit Class MODIFICATION/MINOR Issued to Bald Head STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Permit for Permit Number 91-96 copy X Major Development in an Area of Environmental Conce pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 .invited, LLC., PO Box 3069, Bald Head Island. NC 28461 OrF Authorizing development in Brunswick County at Cane Fear 1540 as requested in the permittee's letter dated attached worknlan drawing (1) dated 9/26/07 This permit, issued on October 18.2007 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Anv violation of these terms ..,a., oe subject to Imes, imprisonment or civil action; or may cause the permit to be null and void 1) Unless specifically altered herein, this minor modification authorizes the following: a. The increase in the length of the finger piers within the marina, b. The increase in the formal slip count from 80 slips to 100 slips, c. The floating dock to be located adjacent to the dock master/marine maintenance pier, and d. The two finger piers to be located adjacent to the ferry berthing slips, all as expressly and specifically set forth in the attached letter and workplan drawing. No other structure, whether floating or stationary, shall become a permanent part of this expanded marina without further permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without further permit modification. (See attached sheet for Additional Conditions) „ua Pcrrrrra acuon may be appealec 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. ZLI 11 1 Signature of Permittee Bald Head Island Limited, LLC ADDITIONAL CONDITIONS Permit # 91-96 Page 2 of 2 2) 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, modified on 8/19/99, 5/22/00, 7/16/04, and 8/7/07 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. 3) 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/MINOR STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermit 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 Permit Number 91-96 , 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 , as requested in the permittee's letter dated 9/5/07, including attached workolan drawing (1) dated 9/26/07. This permit, issued on October 18, 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 be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) Unless specifically altered herein, this minor modification authorizes the following: a. The increase in the length of the finger piers within the marina, b. The increase in the formal slip count from 80 slips to 100 slips, c. The floating dock to be located adjacent to the dock master/marine maintenance pier, and d. The two finger piers to be located adjacent to the ferry berthing slips, all as expressly and specifically set forth in the attached letter and workplan drawing. No other structure, whether floating or stationary, shall become a permanent part of this expanded marina without further permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without further permit modification. (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 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. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Bald Head Island Limited, LLC 2) 3) Permit # 91-96 Page 2 of 2 ADDITIONAL CONDITIONS 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, modified on 8/19/99, 5/22/00, 7/16/04, and 8/7/07 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. All conditions and stipulations of the Active permit remain in force under this minor modification, unless specifically altered herein. NOTE: NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. 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. 40A 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 October 18, 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 1 13A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150E 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. 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, 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.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Permit # q( - CI ( DCM Coordinator: _ .- Ir,tiYc,n srRrsoTtOx: Agcnt: DCM Field Offices: Elizabeth Cil oreltead City Waslun on Vilmmgton US Army ores o nginccrs (USAGE): Washington:. Mike Bell (NCDOT) Bill Biddlecome (NCDOT) Raleigh Bland Wilmington:' DaveTimpy ' Others: Cultural Resources: Renee Gledhill -Early Public Water Supply: Debra Benny (WIRO) Fred Hill (WARO) Marine Fisheries: Mike Street NCDOT: Ken Pace Shellfish Sanitation:. Patty Fowler S I nm ni,, Cline Water Quality: Cyndi Karoly (for non -DOT ci ne OT) Wildlife Resources: Maria Tripp Steve Everhart Travis Wilson (NCDOT) LPO: FAXING DISTRIBUTION: Permitee at Agent at DCM Field Offices: Elizabeth City (252-264-3723) Morehead City (252-247-3330) Washington (252-943-0475) Wilmington (910-350-2004) US Army Corps of Engineers (USACE): Washington: Mike Bell (NCDOT) Bill Biddlecome (NCDOT) Raleigh Bland (252-975-1399) Wilmington: Dave Timpy (910-251-4025) CARLa Major Permit Process Manual Page 70 of 76 , 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 TO: Doug Huggett Permits Section % �1�� V " QLU-N FROM: Heather Coats HMC— uV3� Field Representative, Wilmington 0107 THROUGH: Steven H. Everhart, PhD Wilmington District Manager DATE: September 26, 2007 1t,� SEP 2 8 2007 J SUBJECT: Permit Modification Request Morehead Cj CAMA Major Permit No. 91-96 + DCM Bald Head Island Limited, LLC, Deep Point Marina, Southport, Brunswick County Ms. Bruce Marek, acting as agent for Bald Head Island Limited, LLC, is requesting a modification of State Permit No. 91-96. State Permit No. 91-96 was issued to Bald Head Island, Ltd. on June 3, 1996 for the excavation of an access channel and boat basin, marina facility with barge and ferry landings, a marine maintenance building, office and storage buildings, and parking. A minor modification was issued on August 19, 1999 for the addition of riprap and the permit was renewed on December 8, 1999. The permit was again modified on May 22, 2000 for the expansion of the marina basin and then renewed on February 14, 2002 and February 23, 2004. On July 16, 2004, it was modified for the addition of additional parking spaces. An amendment was issued on April 27, 2006 to authorize a name change to Bald Head Island Limited and amended again on September 18, 2006 to change the permit holder's name to Bald Head Island Limited, LLC. The permit will expire on December 31, 2007. Mr. Marek is requesting that the permit be modified to include the following: 1. To increase the length of the permitted finger piers within the marina from 20'-32' to 34'-55' in length, while retaining the 4'3" width. 2. To increase the formal slip count of the marina to total 100 slips (80 are currently authorized). Mr. Marek states this is to account for potential slips at the T-heads, as well as the docks for the ferry terminal and berthings, mg & barge landing/ overnight berths and docking for maintenance skiffs. 3. A floating dock, measuring 125' in length by 6'3" in width, adjacent to the dockmaster/marine marine maintenance skiff slips. 4. Two finger piers, measuring 30' in length by 3' in width adjacent to the ferry berthing slips. The applicant has submitted a check (ck. // 1251) in the amount of $100.00 for the modification request. This Office has no objection to the permit modification request. Enclosures cc: Wilmington Files Ted Tyndall, DCM Chris McCall, LPO 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-796-7215 • Fax 910-395-3964 An Equal Opportunity Affirmative Action Employer Bruce Marek, P.E. P. O. Box 3069 Bald Head Island, NC 28461 910-457-7517 Sept 5, 2007 Ms. Heather Coats NCDENR Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Re: CAMA Permit #91-96 Minor Modification Request: Deep Point Marina, Southport, NC, Increase Finger Pier Lengths to Full Length, Clarify Slip Count Dear Ms. Coats: Enclosed, please find five 24" x 36" copies of drawing DPM-2 dated 7-9-07 & sealed 9-5-07, for the Bald Head Island Limited, LLC owned Deep Point Marina. This is a re -submittal of the slips portion my 7-9-07 package that included several Deep Point Marina items under one letter. 1. We would like to change the finger pier lengths from my 2-25-2000 approved drawing (Minor Modification Approval Date 5/22/2000) slip layout drawing from half length finger piers to full slip length finger piers. Drawing DPM-2 reflects this finger length change, but retains all of the existing permitted slip lengths. We have found the longer fingers to be popular with boaters, and it has come to be expected. 2. My 2/25/2000 Deep Point Marina Expansion and Slip layout drawing, did not count slips the way I have since been instructed by Mr. Ed Brooks while working on the Bald Head Island Marina Slip Layout(s). Basically, if there are cleats along a dock, we are going to get counted as a slip or slips. In 2000,1 did not count the ferry terminals and ferry berthing, tug & barge landing/overnight berth, or the marina tee heads. Before Bald Head Island places its order(s) for new slips, I want to clarify with you what I now see as our slip count, without having changed the marina basin slip layout except for increasing the finger pier lengths to full length. Presently only the contractor landing, barge landing, ferry ovemight/maintenance docking and A - dock are installed. Deep Point Marina is approved for 80 slips, but that does not include the two ferry landings (which at BHI are now considered as slips), or the ferry berthing area (we do not keep the ferries at the landings overnight - if an engine didn't start up in the morning, it would require making multiple difficult/time consuming moves at 5:30 a.m. to clear the landing to allow using one of the other ferries.) Currently we have 4 passenger ferries, although I foresee eventual need for 6 (Keeps me busy designing ferries). This is indicated on my new slip layout. Also, The marina tee -heads were not counted which were intended to be used for transient docking. I also did not account for the dock needed for the dock master/marine maintenance skiffs. On your site visits to check out marina channel depths, I am sure you prefer stepping into our skiff off of a dock. My marina layout had no provision for small boats. I am anticipating by today's accounting according to Marine Fisheries, our actual number of slips to be 100, rather than 80. See drawing DPM-2. I was told by Mr. Brooks that the fuel dock does not get counted in our slip count. It holds an additional 3 vessels. Note that I may need to do a little tweaking on final slip lengths. Mr. Mitchell's 60 foot sailboat has recently been launched, and I don't have a 60 ft slip in the marina, other than the fuel dock. I see this issue as a future Letter of Refinement once the finger lengtjq Er8tq re approved. DCM WILMINGTON, NC SEP 0 5 2007 CAMA Permit #91-96 Deep Point Slips Minor Modification�kgq&A "Z7 1 I have enclosed Bald Head Island LTD, Planning & Permits check #1251 for $100 for "Minor Modification" to CAMA Permit # 91-96. If you have any questions and/or comments, please call me at 910-457-7517, 799-9245 or 228-2484. Additionally, when the minor mod is completed, please have copies faxed to 910-457-7463 & 457-7220. Thanking you in advance for attention to this matter. Respectfully, r••. ��ZH,CARk I ..Fat r� 15684 / _ .n:.r. _ Bruce Marek, P.E. For Bald Head Island Enclosures cc: Jim Henry, Director, BHI Planning & Development M. Kent Mitchell, CEO, Bald Head Island Limited LLC RECEIVED DCM WILMINGTON, NC SEP 0 5 2007 CAMA Permit #91-96 Deep Point Slips Minor Modification Request 9-5-07 2