HomeMy WebLinkAbout91-96 Minor Mod 2/2008 Bald Head Island Limited LLCPermit Class
MODIFICATION/NRNOR
Permit Number
91-%
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Permit
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 1 /29/08_ including
attached workplan drawing (1) dated "revised 1/29/08"
This permit, issued on February 19 2008 , 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
)e subject to fines, imprisonment or civil action; or may cause the permit to be nun ana voto.
1) Unless specifically altered herein, this minor modification authorizes the placement of sand material to
fill the existing depression, and the installation of gabion/riprap material along the existing bulkhead, all
as expressly and specifically set forth in the attached letter and workplan drawing. Any proposal to
change the authorized alignment of the sand fill and riprap material shall require further modification of
this permit.
2) This minor modification does not authorize any new excavation.
(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 or me secretary or ur NA auu urc
Chairman of the Coastal Resources Commission.
OY_7
James H. Gr son, 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
3)
4)
5)
6)
7)
ADDITIONAL CONDITIONS
No fill material shall be placed outside the alignment of the fill area indicated on the attached workplan
drawing.
The gabion/riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to
prevent its movement from the site by wave or current action.
The gabion/riprap material shall consist of clean rock or masonry materials such as but not limited to
granite, marl, or broken concrete.
The fill material shall be clean and free of any pollutants except in trace quantities.
All fill material shall be obtained from a high ground source.
8) This minor modification 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 renewal, modifications, and letters of
refinement, shall be readily available on site when Division personnel inspect the project for
compliance.
9) All conditions and stipulations of the active permit remain in force under this minor modification, unless
specifically altered herein.
10) The N.C. Division of Water Quality approved this project under DWQ Project # 95-1268 vs. 2 on
2/4/08. Any violation of the permit approved by the DWQ shall be considered a violation of this
CAMA permit.
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/NHNOR
Permit Number
91-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Jklant"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 Cate Fear River, at South Port off SR
1540 as requested in the perrnittee's letter dated 1/29/08 including
attached workplan drawing (1) dated "revised 1/29/08"
This permit, issued on February 19 2008 , 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 suDjecr to Imes, lmprisurltrteur or crvu au.wii, vi may +.a"oc ua. y.,+++++� -- --•••-
1) Unless specifically altered herein, this minor modification authorizes the placement of sand material to
fill the existing depression, and the installation of.gabion/riprap material along the existing bulkhead, all
as expressly and specifically set forth in the attached letter and workplan drawing. Any proposal to
change the authorized alignment of the sand fill and riprap material shall require further modification of
this permit.
2) This minor modification does not authorize any new excavation.
(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
Signed by the authority of me Secretary of D=14K ana me
Chairman of the Coastal Resources Commission.
uY�
James H. Gr son, 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 Permit # 91-96
Page 2 of 2
ADDITIONAL CONDITIONS
3) No fill material shall be placed outside the alignment of the fill area indicated on the attached workplan
drawing.
4) The gabion/riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to
prevent its movement from the site by wave or current action.
5) The gabion/riprap material shall consist of clean rock or masonry materials such as but not limited to
granite, marl, or broken concrete.
6) The fill material shall be clean and free of any pollutants except in trace quantities.
7) All fill material shall be obtained from a high ground source.
8) This minor modification 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 renewal, modifications, and letters of
refinement, shall be readily available on site when Division personnel inspect the project for
compliance.
9) All conditions and stipulations of the active permit remain in force under this minor modification, unless
specifically altered herein.
10) The N.C. Division of Water Quality approved this project under DWQ Project # 95-1268 vs. 2 on
2/4/08. Any violation of the permit approved by the DWQ shall be considered a violation of this
CAMA permit.
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.
CA 1-1(e
Michael F. Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
1
� Coleen H. Sullins, Director
Division of Water Quality
TIS February 4, 2008
act # 95 1268 V2
HIS k County
Bald Head Island Limited, LLC CAMA
Attn: Kent Mitchell, President (�/` MA PERMI
Bald
Box d 69
Island,
jPij� � ^
Bald Head Island, NC 28461 )jw
Subject Property: Deep Point Marina, Southport FEB 8 2008 v
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Mitchell:
Morehead City DCM
You have our approval, in accordance with the attached conditions and those listed below, to place 3450 sq
ft (0.08 acre) of clean sand fill material and stabilize it with riprap/gabions at the subject property, as
described within your 401 Express application (CAMA Modification) dated January 17, 2008 and received
by the N.C. Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) on January 29, 2008.
After reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number 3642 (GC 3642). This Certification can also be found on line at:
htti)://h2o.enr.state.nc.us/ncwetlands/certs.html. The Certification allows you to use the CAMA Major
Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise
comply with any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you will be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and
any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Project Compliance
You will have 30 days from the date of this letter to provide this Office With copies of the recorded
deed notifications or similar mechanisms for the remaining wetlands on this property that were
required by the previous certification issued to Blue Point Marina on January 12, 2004.
2. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
rP�"�ncrvlaarob
✓vatu
North Carolina Dlvisim of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Plane (919) 733-7015 Customer Service
Internet w teroualirv.,rg Location: 512 M Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1.877-623-6748
An Equal Opportunity/ARmnatye Action Em*yer- 50% Recycled/10% Post Consumer Paper
Page Two
Bald Head Island Limited, LLC
Attn: Kent Mitchell, President
DWQ Project # 95 1286 V2
February 4, 2008
Amount Approved nits
Plan Location or Reference
Stream
N/A feet
404 Wetlands
N/A acres
Coastal Wetlands
N/A acres
Open Water (fill)
(3450 sq 8) (0.08 ac)
existing boat basin
excavated from high
ground
Proposed Layout (see attached)
Plan seal dated 1/25/08
3. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best Management
Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
4. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the application. All construction activities, including the
design, installation, operation, and maintenance of sediment and erosion control Best Management
Practices, shall be performed so that no violations of state water quality standards, statutes, or rules
occur.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Page Three
Bald Head Island Limited, LLC
Attn: Kent Mitchell, President
DWQ Project # 95 1286 V2
February 4, 2008
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application and as authorized by this Certification shall
expire upon expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Ian McMillan in the Central Office in Raleigh at
919.733.1786 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7215.
v --
A", Coleen H. Sullins, Director
Division of Water Quality
Attachment
Enclosures: GC 3642
Certificate of Completion
cc: Bruce Marek — Engineer/Consultant
David Timpy - USACE Wilmington Regulatory Field Office
Ian McMillan - DWQ 401 Unit
Doug Huggett - DCM Morehead City
Heather Coates - DCM Wilmington
Central Files
WiRO
LAND SIDE
5.883 FMSL
(Preferred Mud Line) 0 FMSL
(Existing Mud Line - Varies)
MARINA DREDGE DEPTH.12'
l
�oca 1
e `
6 -3 x12
�5
Dockmoster/M
Ferry Landing
(EXISTING)
"(1
SAND FILL &
GABION/RIP—RAP PROTECTION
TO BE INSTALLED UNDER/PRIOR TO
NEW TERMINAL OVER —WATER SLAB
PHASE I — 200 LFt
PHASE II — 145 LFt
�YJ SITE TOTAL IMPACT AREA: 3451f X l9 = 3450 N = .08 ac
e0
EXISTING MARINA
BULKHEAD GRAPHIC SCALE
NOTE: 200 LF PHASE I IS CAMA 91-96 MINOR MOD REQUEST FROM OCT 2007
AND IS FOR UNDER THE NEW FERRY TERMINAL
BULKHEAD CAP THE REMAINING PORTION WILL BE PROCESSED AS A SEPERATE CAMA MINOR MOD
\ CONCRETE PILES
}, (FOR TERMINAL STRUCTUREI
10 FT --al I GABBIONS &
CROSS SECTION A -A FRONT ELEVATION
BULKHEAD RIP -RAP PROTECTION DETAIL
NOT TO SCALE
30" CONCRETE SHEET PILE
APPROX. 26'LONG
(TYPICALIEXISTING)
PROPOSED GABIONS
WITH LARGE RIP -RAP MATERIAL
PROPOSED SAND FILL
TO 0 FMSL
RIP RAP FILL MATERIAL
PER PREVIOUS MINOR
MODIFICATION REQUEST
es Wuaa
i
r
1
February 6, 2008
Stephen O. Robertson, Chief Operating Officer
Bald Head Island Limited, LLC
P.O. Box 3069
Bald Head Island, NC 28461
Subject:
)
/ Michael F. Easley, Govemor
[y William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins Director
Division of Water Quality
11 1 f�7J r
!S_ I
FEB 8 2008
PROJECT RETURN Morehead City ULN;
Stormwater Project No. SW8 95101:% fr1odification
Deep Point Marina
Brunswick County
Dear Mr. Robertson:
A review of your Stormwater Management Permit Application indicates that as of this date,
information requested on December 22, 2007 and January 16 and 25, 2008, has not been received in
this Office within the stipulated timeframe. Per the requirements of Section .1009 (c) of the Stormwater
Management Rules, this Office is hereby returning the subject application as incomplete. The $4000
application fee in the express stormwater program has been forfeited and a new fee will need to be
provided if you choose to resubmit this application in the future.
A current wetlands delineation map for the site is required. Although a wetlands map was
submitted on January 23, 2008 it was signed in 1998 and a current map must be approved within five
years. The mean high water line, the wetlands area, and uplands areas must be delineated on an
approved map and signed JD from the USACE within the last five years. The concern for wetlands
delineation for the stormwater application is that several of the stormwater controls are proposed
immediately adjacent to the wetlands. The express stormwater application is returned because the
information cannot be obtained within the timeframe for the express program.
An inspection of the property will be conducted in the near future. You are reminded that any
construction of impervious surfaces on the property prior to receipt of a permit will constitute a violation
of 15A NCAC 2H.1000 and may result in the assessment of civil penalties. By copy of this letter to the
local Building Inspector, this Office is requesting that they consider withholding the building permits and
Certificates of Occupancy for this project pending issuance of a Stormwater Management Permit.
If you have any questions concerning this matter, please contact Mary Jean Naugle or me at
(910) 796-7215.
Sincerely,
�r.�.eQa-1'✓i.Q.4.t,� � C,�3t�.�t7�CL1' i�C.
Edward Beck
Regional Supervisor
Surface Water Protection Section
ENB/mjn: S:\WQS\STORMWATER\RETURN\951912mod feb08
cc: Denise Freund, P.E., W.K. Dickson & Co.
Jim Henry, Bald Head Island
Brunswick County Inspections
Jeff Phillips, Brunswick County Engineering
Division of Coastal Management
DWQ 401
Wilmington Regional Office N h �lina
C;Pntral Filps M .1 Natralp JJVV !f
North Carolina Division of Water Quality 127 Cardinal Drive Extension \vilming,on. NC 29405 Phone (910) 796-7215 Customer Service
Wilmington Regional Office Internet: www.ncwatemualitv.ore Fax (910)350-2004 1-877-623-6748
An Equal OpportunitylAffirtnative Action Employer — 50'A Recycledl10% Post Consumer Paper
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p
101
QPSS��GE� &100
Sou--� "^8(
�Ote( ' Cg50l\ /
'0O
or Ferry Landing
(EXISTING)
1w./
'EgEM V E
I WILMINGTO
JAN 3 1 200
SAND FILL &
GABION/RIP-RAP PROTECTION
TO BE INSTALLED UNDER/PRIOR TO
NEW TERMINAL OVER -WATER SLAB
AND UNDER EXISTING CONTRACTOR
��
N
$" TERMINAL - 345 LFt TOTAL
SITE TOTAL IMPACT AREA: 345 M X 10' = 3450 If = .08 SIC
0
EXISTING MARINA
++•'"
GRAPHIC SCALE
BULKHEAD
NOTE: THIS DRAWING IS A REVISION TO CAMA 91-96 MINOR MOD REQUEST OCT 25, 2007 (10/17/07 Dwg)
LAND SIDE
TO MATCH DRAWING UNDER REVIEW/APPROVAL BY DWQ 401 WATER QUALITY EXPRESS PERMIT
REQUEST IS FOR PROTECTION FOR THE BULKHEAD FROM FERRY PROP WASH
BULKHEAD CAP
CONCRETE PILES AND INCLUDES SAND FILL AND PILE CUTOFFS PRIOR TO ADDING RIP -RAP.
S.liSt FMSL
OR TERMINAL STRUCTURE
10 FT_
T GABBIONS & 36" CONCRETE SHEET PILE
RIP -RAP APPROX. 2B' LONG
CON ETE PIL CU OF
TO S IL E FI ID P- P (TYPICAUEXISTING)
(Plefened Mud Line) O to -2' FMSL
PROPOSED GABIONS
(Existing Mud Line - Vaties) J to 6 FMSL
a 1 WITH LARGE RIP -RAP MATERIAL
PROPOSED SAND FILL
MARINA DREDGE DEPTH-12'
FI�D TOO TO-2 FMSL
AMOUNT OF SAND FILL APPX TX10'X345 LF
E TING SOTTO E) STII G B TTM - RI - FILL MATERIAL
D RESSION D RE SICN P P EFII L M MINOR
ATION REQUEST
CROSS SECTION A -A FRONT ELEVATION
CONCRETE PILE CUT-OFFS NOT SHOWN IN THI VIEW
BULKH DRIP - PPROTECTION DETAIL &IT Tg BE STACKED ORIZONTALLY PER CROS SECTION AA
.nT Tn el.. c BEHIN THE PILE LINE AT IV OFF THE BULKHEAD WALL.
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Message Confirmation Report
Name/Number
Page
Start Time
Elapsed Time
Mode
Results
919104577220
4
FEB-20-2008 09:51AM WED
03'30"
STD ECM
[O.K]
FEB-20-2008 09:55 AM 0
Fax Number : 2522473330
Name - DCM MHD
DIVISION OF COASTAL MANAGEMENT
A
_SPA
NCDENR
DW �w Cwu.. CwmNCM D.
fXVIIIdInCMµD "AIIAN HGf WnGE9
TO:
OFFICE: _
TELEPHONE: ( 1 FAX:( ) [D • "Y �� • 1 Gc aCi
FROMic
Morehead City Office
400 Commerce Avenue
Morchead City, NC 28557-3421
Voice: (252) 808-2808
FAX: (252) 247-3330
Re:
DATE SENT: �-D
TOTAL PAGES INCLUDING COVER SHEET:_
Message Confirmation Report
Name/Number
Page
Start Time
Elapsed Time
Mode
Results
919104577463
4
FM-20-2008 09:49AM WED
O1'28"
STD ECM
[O-K]
FEB-20-2008 09:50 AM WED
Fax Number : 2522473330
Name DCM MHD
DIVISION OF COASTAL MANAGEMENT
TO: QkU- MrtL IZ
I p '7 - ���170 3
TELEPHONE: ( ) FAX: ] O - - 1}O9 a D
FROM:
Morehead City Office
400 Comauerce Avenue
Morehead City, NC 28557-3421
Voice: (252) 808-2808
FAX: (252) 247-3330
DATE SENT:
TOTAL PAGES INCLUDING COVER SHEET:
DIVISION OF COASTAL MANAGEMENT
NCDENR
NOR* C wM..0 Dery Tn .r 0
E"MRO HEW MD NauR'l RC3WftC[3
TO:
OFFICE:
W .
TELEPHONE:
FROM: r \c k Wfn1/-ek�
Morehead City Office
400 Commerce Avenue
Morehead City, NC 28557-3421
Voice: (252) 808-2808
FAX: (252) 247-3330
Re:
DATE SENT: aD o I�
TOTAL PAGES INCLUDING COVER SHEET:
Mo 3
gaa0
Permit # OJ I - q6 .
DCM Coordinator: _
MAILING DISTRIBUTION:
Permitee:
Agent:
DCM Field Offices:
Elizabeth City ✓
orehead i
Was ut ton
t mm to
US Army orps of Cngii�rs (USACE):
Washington: Mike Bell (NCDOT)
Bill Biddlecome (NCDOT)
Raleigh Bland
ihnington: Dave Tim /
Others:
Cultural Resources:
Renee Gledhill -Early
Public Water Supply:
Debra Benoy (WIRO)
Fred Hill (WARD)
Marine Fisheries:
Mike Street
NCOOT:
Ken Pace
Shellfish Sanitation:.
Patty Fowler
Karoly ('for non -DOT)
Wildlife Resources: Maria Tripp
it AI tllwuzl
Travis Wilson (NCDOT)
LPO:
FAXING DISTRMUTION:
Permitee at
Agent at brmtPJ
DCNI Field ORces:
Elizabeth City(252-264-3723)
Morehead City (252-247-3330)
Washington (252-943-0473)
Wilmington(910-350-2004)
US Army Corps of Engineers (USACE):
Washington: bfike Bell (NCDOT)
Bill Biddlecome (NCDOT)
Raleigh Bland (252-975-1399)
Wilmington: Dave Timpy (910-251-4025)
a,� 9iL) -qs7- 7z�
CAINLA Major Permit Process Manual Page 70 of 7b
I
A�A r
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director
lul 1 '_z►I_t
TO: Doug Huggett
FROM: Heather Coats
Field Representative, Wilmington
THROUGH: Steven H. Everhart, PhD
Wilmington District Manager
DATE: February 11, 2008
R =d
WilliaFI�6.Itt ?Seary
�dba
Morehead City pCM
k, C% (A/C'r -'e-1
SUBJECT: Permit Modification Request
CAMA Major Permit No. 91-96
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 was last renewed on December 13, 2007 and will expire on December 31, 2009.
Mr. Marek is requesting that the permit be modified to include a total of 345 linear feet of riprap with sand fill, which is 130' linear
feet in addition to his initial request of 215 linear feet of riprap (original memo is dated November 6, 2007). The sand fill under the
proposed project area has also been added to his initial request. As currently proposed, the riprap would still extend 10 feet
waterward of the bulkhead (Normal High Water) within Deep Point Marina, adjacent to the Cape Fear River, in Southport,
Brunswick County. Additionally, he is still proposing to use an epoxy or urethane sealant in the seams of the bulkhead sheathing.
The applicant has submitted a check (ck. # 1282) in the amount of $100.00 for the modification request. The NC Division of Water
Quality issued a 401 water quality certification (DWQ Project # 95 1268 V2) on February 4, 2008 for this project.
This Office has no objection to the permit modification request if the review agencies do not have any concerns over the use of the
epoxy or urethane sealant.
Enclosures
cc: Wilmington Files
Ted Tyndall, DCM
Dave Timpy, USACE
Joanne Steenhuis, DWQ
Fritz Rohde, DMF
Wayne Strickland, 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
January 29, 2008
Ms. Heather Coats
NCDENR Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: CAMA Permit #91-96 Minor Modification Request Rev 3 for Rip-Rap/Gabion & Sand Fill
placement under new Main Ferry at Deep Point Marina, Southport, NC,
Dear Ms. Coats:
Per our recent discussions, this letter is a revision to my October 25, 2007 Minor Mod Request (which
was a change to Minor Mod from my October 17, 2007 Letter of Refinement Request) and to the
10/17/07 dated & sealed drawing(s). With my October 25 submittal, I included Bald Head Island
Limited, LLC Planning & Permits check #1280 for $100.00. With today's submittal, I am including 5
copies of Rev 3 "Marina Wall Fill & Rip Rap" dated and sealed 1/99/08.
This minor mod request is for the addition of an sand fill in addition to (and below) the approximate
10' wide x approximate 345' long band of rip -rap along the waterside of the marina bulkhead at the
new Main Ferry Terminal and existing . This change is to match the drawng to the permit conditions
that we have submitted for DWQ 401 Water Quality Certification by express permit. I have also shown
the use of horizontally laid concrete pile cutoffs to help support the sand and rip-rap/gabion fill. At the
time of my original submittal, we were just starting to install the in -the -water piles, and did not know
that we would have the length of cut-offs that we ended up with. They will stack nicely behind the first
pile line, which is 10' from the bulkhead wall.
The piling contractor is scheduled to de -mobilized at the site soon, and we would prefer using his large
crane to place the pile cutoffs, install sand fill and rip-rap/gabions. Joanne Steenhuis from DWQ has
talked to me about placement at low tide, and the use of a sediment fabric. This fabric can be
draped around the outer rows of concrete piles to provide a nice, tight containment area. Within a
few weeks, the concrete over the water slab will be started, making the two story terminal building
difficult to get under.
We will have two ferries operating in close proximity to this location, and want to ensure that future
prop wash doesn't allow leakage of sand from behind our bulkhead structure. Along with the rip -rap,
we are also considering placing a urethane sealant in the seams of the bulkhead sheathing, to give us
an additional factor of safety.
If you have any questions an ( KGB
Additionally, when the M, "Co
457-7220. Thanking yowli f�l
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ts, please call me at 910-457-7517, 799-9245 or cell 228-2484.
is completed, please have copies faxed to 910-457-7463 &
mflon to this matter.
P
Bruce Marek, P.E. '�.,g41ES,
For Bald Head Island Limited, LLC Planning Dept.
cc: Jim Henry, Director, BHI Planning & Development,
M. Kent Mitchell, CEO, Bald Head Island Limited LLC
Q RECEIVED
DCM WILMINGTON, NC
JAN 3 1 2008
Michael F. Easley, Governor
i William G. Ross Jr., Secretary
rNorth Carolina Department of Environment and Natural Resources
—I
.� Coleen H. Sullins, Director
Division of Water Quality
n'J ly NUTruary4,2008
E1WQ Project q 95 1268 V2
Bald Head Island Limited, LLC
A CAMA PER IT
is County
Attn: Kent Mitchell, President
PO Box 3069
Bald Head Island, NC 28461
Subject Property: Deep Point Marina, Southport
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Mitchell:
You have our approval, in accordance with the attached conditions and those listed below, to place 3450 sq
ft (0.08 acre) of clean sand fill material and stabilize it with riprap/gabions at the subject property, as
described within your 401 Express application (CAMA Modification) dated January 17, 2008 and received
by the N.C. Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) on January 29, 2008.
After reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number 3642 (GC 3642). This Certification can also be found on line at:
ho://h2o.enr.state.nc.us/ncwetlands/certs.html. The Certification allows you to use the CAMA Major
Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise
comply with any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, Non -discharge, and stornawater regulations.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you will be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and
any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Project Compliance
You will have 30 days from the date of this letter to provide this Office with copies of the recorded
deed notifications or similar mechanisms for the remaining wetlands on this property that were
required by the previous certification issued to Blue Point Marina on January 12, 2004.
2. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
✓vale==
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer service
Internee www ncwaremual'N ore Location: 512 N. Sahsbmy SL Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748
An Equal Opportunity/AlBrmabve Action Employer- 50% Recycled/10% Post Consumer Paper
Page Two
Bald Head Island Limited, LLC
Attn: Kent Mitchell, President
DWQ Project # 95 1286 V2
February 4, 2008
Amount Approved (Units)
Plan Location or Reference
Stream
N/A (feet)
404 Wetlands' •.
N/A (acres)
Coastal Wetlands
N/A acres
Open Water (fill)
(3450 sq ft) (0.08 ac)
existing boat basin
excavated from high
ground
Proposed Layout (see attached)
Plan seal dated 1/25/08
3. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best Management
Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must bedesigned, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
4. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the application. All construction activities, including the
design, installation, operation, and maintenance of sediment and erosion control Best Management
Practices, shall be performed so that no violations of state water quality standards, statutes, or rules
occur.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
r
Page Three
Bald Head Island Limited, LLC
Attn: Kent Mitchell, President
DWQ Project # 95 1286 V2
February 4, 2008
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application and as authorized by this Certification shall
expire upon expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Ian McMillan in the Central Office in Raleigh at
919.733.1786 or Joanne Steenhuis in the DWQ Wilmington Regional Officg at 910.796.7215.
Coleen H. Sullins, Director
Division of Water Quality
Attachment
Enclosures: GC 3642
Certificate of Completion
cc: Bruce Marek — Engineer/Consultant
David Timpy - USACE Wilmington Regulatory Field Office
Ian McMillan - DWQ 401 Unit
Doug Huggett - DCM Morehead City
Heather Coates - DCM Wilmington
Central Files
WiRO
LAND SIDE
BULKHEAD CAP
5.6et FMSL.
10
(Preferred Mud Une) 0 FMSL
(E)isting Mud Line - Varies)
MARINA DREDGE DEPTH -12' SANC
GG i' � 6
Dockmaster/M
Contractor Ferry Landing
(EXISTING)
SAND FILL &
GABION/RIP-RAP PROTECTION
EXISTING MARINA
BULKHEAD
TO BE INSTALLED UNDER/PRIOR TO
NEW TERMINAL OVER -WATER SLAB
PHASE 1 - 200 LFt
PHASE II - 145 LFt
SITE TOTAL IMPACT AREA: 345 If X 10' = 3450 If = .08 ac
0
GRAPHIC SCALE
NOTE: 200 LF PHASE I IS CAMA 91-96 MINOR MOD REQUEST FROM OCT 2007
AND IS FOR UNDER THE NEW FERRY TERMINAL
THE REMAINING PORTION WILL BE PROCESSED AS A SEPERATE CAMA MINOR MOD
CONCRETE PILES
(FOR TERMINAL STRUCTURE)
GABBIONS 8
mmiIIIIII
EXISTING BOTTOM
DEPRESSION
CROSS SECTION AA FRONT ELEVATION
BULKHEAD RIP -RAP PROTECTION DETAIL
NOT TO SCALE
38' CONCRETE SHEET PILE
APPROX 2C LONG
(TYPICAUEXISTING)
PROPOSED GABIONS
MATH LARGE RIP -RAP MATERIAL
PROPOSED SAND FILL
TO 0 FMSL
7.11.41A. 'FILL
PER PREVIOUS MINOR
MODIFICATION REQUEST
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�a�ran
DEEP POBir MARINA
1801 FERRY ROAD SE
SOUFNPOWr NC 28481
401 WATER QUALITY
ALJAAM 23.2008G
A�A .",LM. •dr y.. I
NCDENR
Ur.t; i U 2UU8
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G Roil JGi*QGM
MEMORANDUM
TO: Doug Huggett
FROM: Heather Coats �6ylcl-
Field Representative, Wilmington
THROUGH: Steven H. Everhart, PhD
Wilmington District Manager 9)4�
DATE: August 25, 2008
SUBJECT: Permit Modification Request
CAMA Major Permit No. 91-96
Bald Head Island Limited, LLC, Deep Point Marina, Southport, Brunswick County
Mr. 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 was last renewed on December 13, 2007 and will expire on December 31, 2009.
Mr. Marek is requesting that the permit be modified to include a marina sign located within the Estuarine Waters and Public Trust
Areas of Environmental Concern (AEC's). As proposed, the sign would be located approximately 180' northeast of the northern
jetty.
The applicant has submitted a check (ck. # 1323) in the amount of $100.00 for the modification request.
I believe the proposed development is inconsistent with the use standard set forth in NCAC 07H.0208(a)(1), which states "uses which
are not water dependent shall not be permitted within coastal wetlands, estuarine waters, and public trust areas". Furthermore,
NCAC 07H .0208(a)(2)(B) states that "before receiving approval for location of a use or development within these AEC's, permit -
letting authority shall find that no suitable alternative site or location outside of the AEC exists for the use or development...".
As it appears the sign could feasibly be located on high ground, denial of the modification request is recommended.
Please submit any comments or concerns regarding the proposed development to Doug Huggett in writing by September 15, 2008.
Enclosures
cc: Wilmington Files
Ted Tyndall, DCM
Dave Timpy, USACE
Wayne Strickland, LPO
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-796-7215 • Fax 910-395-3964
An Equal Opportunity Affirmative Action Employer
0
e��
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
FROM: Heather Coats Yt rV IC -
Field Representative, Wilmington //�
THROUGH: Steven H. Everhart, PhD /Y�i
Wilmington District Manager �1�V"'
DATE: August 25, 2008
'f4WITC
AU6 l 9 2008
Morehead City DCM
SUBJECT: Permit Modification Request
CAMA Major Permit No. 91-96
Bald Head Island Limited, LLC, Deep Point Marina, Southport, Brunswick County
Mr. 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 was last renewed on December 13, 2007 and will expire on December 31, 2009.
Mr. Marek is requesting that the permit be modified to include a marina sign located within the Estuarine Waters and Public Trust
Areas of Environmental Concern (AEC's). As proposed, the sign would be located approximately 180' northeast of the northern
jetty.
The applicant has submitted a check (ck. rY 1323) in the amount of $100.00 for the modification request.
I believe the proposed development is inconsistent with the use standard set forth in NCAC 07H.0208(a)(1), which states "uses which
are not water dependent shall not be permitted within coastal wetlands, estuarine waters, and public trust areas". Furthermore,
NCAC 07H .0208(a)(2)(B) states that "before receiving approval for location of a use or development within these AEC's, permit -
letting authority shall find that no suitable alternative site or location outside of the AEC exists for the use or development...".
As it appears the sign could feasibly be located on high ground, denial of the modification request is recommended.
Please submit any comments or concerns regarding the proposed development to Doug Huggett in writing by September 15, 2008.
Enclosures
cc: Wilmington Files
Ted Tyndall, DCM
Dave Timpy, USACE
Wayne Strickland, 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
July 8, 2008
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
Drawing DPM5 7-8-08 Marina Entrance Sign
Dear Ms. Coats:
Included are five 24" x 36" revised copies of drawing DPM5 dated & sealed 7-8-08, for the Bald Head
Island Limited, LLC owned Deep Point Marina. This minor modification request is specifically for an in
the water marina entrance sign.
As shown on our detail, we are proposing an approximate 8'x20' 2-sided Vee-shaped in -the -water
sign north of the Deep Point Marina north jetty, to the west of a line between the north jetty end and
the A.D.M. Pier end. This is outside of any navigation channel or route.
I have given much consideration td this sign location, and based on the A.D.M. Pier location, a land
based sign does not adequately project the marina message to vessels travelling southward down the
Cape Fear River. Placing the sign on one of the Deep Point Jetties would obscure the navigational
lights on the jetty. Tucked behind the line between pier end and jetty end will not impact larger
vessels or non -local vessels navigation lines. It actually can be a good warning "sign" if someone
inadvertently gets tucked in between the shore and the jetty end.
Ideally, this marina entrance sign would be incorporated into our simultaneous DPM3 Marina
Necessities/Amenities Request. We have separated it out per your recommendation as this separate
DPM5 submission, with the understanding that you will be denying this request and requiring us to seek
a variance from the CRC.
Allowing boaters to be aware of this new facility and planned fuel docks, pump out and restaurant
should be welcome. There are studies that indicate a key to a successful marina is making sure that
the boating public knows what your services include. We are just trying to have a world class marina
in Southport, NC.
Hopefully we can have staff recommendation that will allow us to successfully pursue obtaining a
variance for what I consider a "marina necessity". I have previously submitted BHI Planning
Department check #1323 for $100 for this "Minor Modification" request to CAMA Permit # 91-96.
We would like to be scheduled for the variance as soon as possible, and want to mention that we
would also like for DPM4 (Dock Landings) and DPM 6 (Fire/Safety Access Road) also being submitted
today to be scheduled for the same date. Thanking you in advance for attention to this matter.
Respectfully, J .•`'•ASH CA
Bruce Marek, P.E. O /DEL/ ti Z9 L -20
For Bald Head Island Limited, LLC Planning Dept. _ SEgL , C;
cc: Jim Henry, M KentMitcchell,tor, BHI CEO,BaldH dIslanddLUeduc 9'; 156gq�C, ,ILMINGTON, NC
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