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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 ' JG.pO S� O� 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. asv�oxwW. 1 M.tl11MOp p1AY/In0 10000] awu. r.ol..�wN olnoa WI WA DMWIIIO Olilp W WAIV W .Hn mndcw PDl CIRy'I arull.¢wnoN oli0e •IM M1t1011 .ureeNAre wuwlWe e110WR16P6l CIROl� RAaaIIAIpN OI.YOe FOR: S [t�A ;JL� 1 JJ8p I/' 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 EAL _ t �684 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 AL wx uwrw A" • s,rc r s ruxnerrn •m.c.e..sn �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 GO ���(NEEP •Q�i�,' t a4d gcd� bLH Cd p