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HomeMy WebLinkAbout91-96 Renewal 2007 Bald Head Island Limited LLCPermit Class 5t" RENEWAL Permit Number 91-96 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermt"t copy for X Major Development in an Area of Enviro [�'VE� pursuant to NCGS 113A-118 1l1 ' X Excavation and/or filling pursuant to NCGS 3-229 C 2 7 Z001 Issued to Bald Head Island Limited, LLC., PO Box 3069, Bald Head Island Jl MWadMY DC Authorizing development in Brunswick County at Cape Fear River, at South Port off SR 1540 , as requested in the permittee's letter dated This permit, issued on - December 13, 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 tie suoJecr to lines, imprisonment or ctvn action; or may cause me permit to De nuts ana vota. 1) This renewal shall be attached to the original of Permit No. 91-96, which was issued on 6/3/96, and copies of all documents, including all subsequent renewals, modifications, and amendments, shall be readily available on site when Division personnel inspect the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this renewal. (See Attached Sheet for Additional Conditions) This permit action may be appealed by the pemtittee 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, 2009 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. GJ'IM'(i10. v ��iArV �— James H. Gregson, Director Division of Coastal Management This permit and its conditions are hereby accepted. Bald Head Island Limited, LLC Permit # 91-96 Page 2 of 2 ADDITIONAL CONDITIONS Maintenance Clause 3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. Astatem@nt that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site must be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. 4 W.mq�jqqo CI,ok , Permit Class 5"' RENEWAL Permit Number 91-96 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermt"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 , as requested in the permittee's letter dated 1116/07. This permit, issued on December 13, 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) This renewal shall be attached to the original of Permit No. 91-96, which was issued on 6/3/96, and copies of all documents, including all subsequent renewals, modifications, and amendments, shall be readily available on site when Division personnel inspect the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this renewal. (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, 2009 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. yr- 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 Maintenance Clause 3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site must be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. December 4, 2007 Ms. Heather Coats NCDENR Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Dear Ms. Coats: ��ir DEC00 1 7 Z001 Morehead City 0CM Thank you for meeting with Bruce Marek and me yesterday, December 3rd. Enclosed you will find the following submission for a letter of refinement to BHI Limited's CAMA Major Permit No. 91-96 for Deep Point Marina: ➢ Drawing entitled "Marina Bulkhead" indicates the Deep Point Marina Bulkhead and details of the repair discussed yesterday at your offices and today at our on site meeting. Enclosed is a detail and cross section of the proposed Retention Solution for repair. Note that this repair is specifically requested for the section of bulkhead in front of the main ferry terminal at Deep Point Marina. Because of the ongoing terminal construction, we are of the opinion that time is of the essence. Thank you for your time and consideration. If you have any questions, give me a call at 910-457-7268. Henry ,tor offlanning and L Head Uland Limited, Enclosure: Repair drawing �- �>u E i tit iM J�, DCM WILMINGTON, �]C DEC 0 4 2007 Bald Head Island Post Office Box 3069 • Bald Head Island, North Carolina 28461 1-800-888-3707 • www.baldheadisland.com N_CQENR - - ----- -- North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director i tary December 10, 2007 Mr. Bruce Marek PO Box 3069 FIDEC 1 7 2007 Bald Head Island, NC 28461 Dear Mr. Marek: MofeheW CnY 0CM This is with reference to your request to modify State Permit #91-96, which was issued to Bald Head Island, Limited on June 3, 1996. It expires on 12/31/07. The action proposed in your submittal is to modify previous plans, submitted to the Division of Coastal Management on 10/16/07 and approved 10/25/07, to construct a temporary 6' wide wooden pier within Deep Point Marina, adjacent to the Cape Fear River, in Southport, Brunswick County. As modified and shown in the plans, the temporary pier would measure 6' in width and approximately 40' in length, leading from the contractor ferry landing to the bulkhead while the passenger terminal is under construction. Upon reviewing the submittal and contacting our Major Permits Processing Coordinator, I have determined that the proposed action is consistent with existing State rules and regulations and is in keeping with the original purpose and intent of the permit with the following conditions: 1. The pier shall be an elevated, wooden walkway and shall not exceed 6' in width. 2. The pier is temporary, and shall be removed once construction of the passenger terminal is complete, or once the previously established accessway to the contractor ferry landing has been reasonably restored, whichever occurs first. I hereby submit this Letter of Refinement authorizing the modification of State Permit #91-96, as described in your letter and plans dated November 19, 2007. By copy of this letter we are also notifying the U. S. Army Corps of Engineers of our action. If you have any questions concerning the above or if I can be of any other assistance, please advise. *Sincerely, n H. Everhart, PhD District Manager cc: Doug Huggett, DCM Dave Timpy, COE Linda Lewis, DWQ Wayne Strickland, LPO Wilmington Files 127 Cardinal Drive Extension, Wilmington North Carolina 28405-3845 Phone: 910-796-7215 \ FAX: 910-395-3964 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper -$ruce-Marek, P. E_ P. O. Box 3069 Bald Head III 910- Novem nO2 Ms. Heather Coats DEC 1 7 2007 l Il ?007 i i NCDENR Division of Coastal Management 127 Cardinal Drive Extension DCM Wilmington, NC 28405 Morehead (AY Re: CAMA Permit #91-96 Deep Point Marina, Southport, NC Temporary Walkway at Contractor Dock: Revised Drawing for Final Design Dear Ms. Coats: Bald Head Island Limited, LLC has decided on a minor change to the alignment for the temporary walkway which was recently approved by your office. I am enclosing 5 copies of 24" x 36" drawing dated & sealed 11-13-07. The previously submitted 45'+/- wood walkway was our initial concept for the temporary walkway. This is a better design based on planning department review and our discussions with the marine contractor. I am hoping that you can just add this to our file rather than issuing another Letter of Refinement, but if it needs to be a Letter of Refinement, please do so If you have any questions and/or comments, please call me at 910-457-7517, 799-9245 or cell 228-2484. If a new LOR is processed, when complete, please fax copies to 910-457 v, and 910-457-7220. Thanking you in advance for your attention to this matter. Respectfully, Bruce Marek, P.E. P In\up•ti kl" CAP,kt `••' '• p pY'�� y0 �°4uo Vr\55 For Bald Head Island Limited, LLC cc: Jim Henry, Director Planning & Development, Bald Head Island, Ltimited, LLC M. Kent Mitchell, CEO, Bald Head Island Limited, LLC RECEIVED DCM WILMINGTON, NC NOV 2 0 2007 ��n �_ 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 December 13, 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. 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.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Permit # 91 ` 9 l9 DCM Coordinator: MAILING DISTRIBUTION: Permitee: Agent: DCM Field Offices: Elizabeth City Morehead City Washm Wi�' US Army Corps of Engineers (USAGE): Washington: Mike Bell (NCDOT) Bill Biddlecome. (NCDOT) Raleigh Bland Wilmingtot:' DaveTimpy Others:' Cultural Resources: Renee Gledhill -Early Public Water Supply: Debra Benoy (WIRO) Fred Hill (WARD) Marine Fisheries: Mike Street NCDOT: Ken Pace Shellfish Sanitation: , Patty Fowler State Pro e ffi ater Quality: Cyndi Karoly (for non -DOT) o n Hennessy (11MOT) Wildlife Resources: Maria Tripp Steve Everhart Travis Wilson (NCDOT) LPO: FAXING DiSTRMUTiON: Permitee at Agent at I5 C (AI _ - q 5r)-_A3 DCM Field Off-ices: c� lt7 Elizabeth City (252-264-3723) Morehead City (252-247-3330) Washington (252-943-0478) 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 (910-2514025) CAINLA Major Permit Process i`Iauual Pave 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 PPIElvzo Permits Section FROM: Heather Coats WN-C- NOV 3 0 M? DCM, Field Representative, Wilmingtop _, )W,-J' "�" y,g-� THRU: Steven H. Everhart, PhD a�uy/ t Morehead City DCM DCM, District Manager, Wilmington DATE: November 26, 2007 SUBJECT: Request for Renewal of State Permit No. 91-96 Bald Head Island Limited, LLC.- Deep Point Marina Brunswick County Mr. Bruce Marek is requesting renewal of State Permit No. 91-96 with a maintenance dredging clause. State Permit No. 91-96 was originally issued to Bald Head Island Limited, LLC. on June 3, 1996 for a bulkhead, new upland marina and operations center at Deep Point Marina. It was modified on August 19, 1999 to include riprap and renewed on December 8, 1999. It was modified on May 22, 2000 to include a minor expansion to the marina and renewed again on February 14, 2002. The third renewal was issued on February 23, 2004 and the permit was again modified on July 16, 2004 for the addition of parking spaces. The permit was then amended on April 27, 2006 to change the name from Bald Head Island Management, Inc. to Bald Head Island Limited. A second amendment was issued on September 18, 2006 to change the name to Bald Head Island Limited, LLC. The permit expires on December 31, 2007. Substantial development is continuing on the project but the upland development has not yet been completed. This Office has no objection to the renewal of Permit No. 91-96, however due to ongoing upland development, I would recommend renewal for a two-year period. The applicant has included check no. 1264 in the total amount of $100.00 for the renewal. cc: WiRO-CAMA Joanne Steenhuis, DWQ Dave Timpy, COE 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3964 \ Internet: hftp://www.nccoastalmanagement.net An Equal Opportunity \Affirmative Action Employer- 50% Recycled \10% Post Consumer Paper Bald Ms. Heather Coats NCDENR Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Bruce Marek, P.E. P. O. Box 3069 Head Island, NC 28461 910-457-7517 November 6, 2007 Re: CAMA Permit #91-96 Renewal: Deep Point Marina, Southport, NC Dear Ms. Coats: Bald Head Island Limited, LLC has asked that I pursue the renewal to the Deep Point CAMA Permit #91-96, which is set to expire on 12/31/2007. Please use previously submitted Bald Head Island Planning & Permits Check # 1264 for the $100.00 fee. We would like the some or similar wordage on maintenance dredging included that is on the recent Indigo Plantation CAMA Permit #41-85 Renewal, if at all possible. I think that the maintenance dredging clause is very beneficial to all parties. As we discussed today, substantial work is under way in building the main ferry passenger terminal, the upland parking areas and the site infrastructure. Closely following will be the marine maintenance building, warehouse/admin building and the dockmoster office. The barge service and the contractor ferry operations remain in continuous operation. Marina slips are on order for Spring 2008 delivery, and at this time, anticipated opening of the main passenger terminal is for the start of the 2009 season. While the full site development may take several more years for all of the previous permitted buildings, amenities and marina necessities, I believe that the project is progressing tastefully and in a very ecologically sound manner. If you have any questions and/or comments, please call me at 910-457-7517, 799-9245 or cell 228-2484. Additionally, when the Renewal is completed, please have copies faxed to 910-457-7463 & 910-457- 7220. The correct name for the owner/developer on the permit is: Bald Head Island Limited, LLC. Thanking you in advance for attention to this matter. ',Is ....en.. ,, �n a,,AH• CAR ,t ^' Ft�S/• '• 9 15 ,'s4co : Bruce Marek, P.E. For Bald Head Island Limited, LLC Planning Dept. cc: Jim Henry, Director, BHI Planning & Development, M. Kent Mitchell, CEO, Bali Head Island Limited LLC RECEIVED DCM WILMINGTON, NC NOV 0 7 2007