HomeMy WebLinkAbout20061250 Ver 2_More Info Received_20110629Dennison, Laurie b LO - i I.SO V I I- V 2.
From: Steenhuis, Joanne -?- d b LP D8
Sent: Wednesday, June 29, 2011 1:57 PM
To: Dennison, Laurie
Subject: FW: Bogue Watch - Newport, NC
Laurie,
Can you help him?
-----Original Message-----
From: Chris Wallace [mailto: CWallace@landtechsc. com]
Sent: Wednesday, June 29, 2011 1:53 PM
To: Steenhuis, Joanne
Subject: RE: Bogue Watch - Newport, NC
Joanne, checking in as I have not heard anything back yet? Do you know what the typical
turnaround time is? Thanks, CW
-----Original Message-----
From: Chris Wallace
Sent: Monday, June 06, 2011 5:06 PM
To: 'Steenhuis, Joanne'
Subject: RE: Bogue Watch - Newport, NC
Most excellent! Thanks again for all of your help! CW
-----Original Message-----
From: Steenhuis, Joanne [mailto.joanne.steenhuis@ncdenr.gov]
Sent: Monday, June 06, 2011 5:05 PM
To: Chris Wallace
Subject: RE: Bogue Watch - Newport, NC
Chris,
I forwarded your information to Raleigh. I'm sure they will contact you if they have questions.
-----Original Message-----
From: Chris Wallace [mailto: CWallace@landtechsc. com]
Sent: Monday, June 06, 2011 2:38 PM
To: Steenhuis, Joanne
Cc: Timpy, David L SAW
Subject: RE: Bogue Watch - Newport, NC
Thanks so much Joanne! Please see attached for the federal 404 renewal and transfer into the
current owners name. Let me know what we need to do to revise the 401. Best Regards, Chris
-----Original Message-----
From: Steenhuis, Joanne [mailto.joanne.steenhuis@ncdenr.gov]
Sent: Friday, June 03, 2011 9:16 AM
To: Chris Wallace
Cc: Timpy, David L SAW
Subject: RE: Bogue Watch - Newport, NC
Chris,
Here are the two documents for the Bogue Watch. You may want to contact Dave Timpy with
the USACE to see if the permits have expired. The 401 expires when the 404 expires since the
401 is attached to the Federal 404.
Have a good weekend and let me know if you need anything else.
Joanne
-----Original Message-----
From: Chris Wallace [mailto: CWallace@landtechsc. com]
Sent: Tuesday, May 31, 2011 8:43 AM
To: Howell, Jonathan
Cc: Steenhuis, Joanne
Subject: RE: Bogue Watch - Newport, NC
Thanks Jonathan!
Joanne, let me know your thoughts on this as I want to make sure that we have all of the
permits straight for Bogue. Let me know if you have any questions. Best Regards, Chris Wallace
CHRISTOPHER M. WALLACE, LEED@ AP BD+C
Project Manager
LandTech Receiver Services, LLC
Mobile. (843) 864-9552
Fax (803) 540-3460
cwallace@landtechsc. com
www.landtechsc. com
-----Original Message-----
From: Howell, Jonathan [mailto.jonathan.howell@ncdenr.gov]
Sent: Tuesday, May 31, 2011 8:28 AM
To: Chris Wallace
Cc: Steenhuis, Joanne
Subject: RE: Bogue Watch - Newport, NC
Chris, I am not sure if Water Quality will mail you anything or not. Contact Joanne Steenhuis. I
have copied her on this email.
Jonathan
-----Original Message-----
From: Chris Wallace [mailto:CWallace@landtechsc.com]
Sent: Friday, May 27, 2011 9:30 AM
To: Howell, Jonathan
Cc: Beveridge, Robin
Subject: RE: Bogue Watch - Newport, NC
I have reviewed and everything looks great! Thanks again for all of your assistance.
Do you know if I need to do anything or if I will get a copy of the updated General Water Quality
Certification Permit #3642? Or do you have any idea who I would contact for this?
-----Original Message-----
From: Howell, Jonathan [mailto.jonathan.howell@ncdenr.gov]
2
Sent: Thursday, April 21, 2011 10:47 AM
To: Chris Wallace
Cc: Beveridge, Robin
Subject: RE: Bogue Watch - Newport, NC
Hey Chris, we mailed this out a few days ago and it should be arriving shortly. Let me know if
you don't receive a copy by Monday.
Jonathan
-----Original Message-----
From: Chris Wallace [mailto: CWallace@landtechsc. com]
Sent: Thursday, April 21, 2011 10:52 AM
To: Howell, Jonathan
Subject: RE: Bogue Watch - Newport, NC
Jonathan, did you ever find an approved copy of the plans? Do you need any help locating?
Don't think that we have a "stamped approved" set, but can produce a copy of last set that were
approved and forward to you... thanks and let me know if I can help. CW
-----Original Message-----
From: Howell, Jonathan [mailto.jonathan.howell@ncdenr.gov]
Sent: Friday, April 15, 2011 9:05 AM
To: Chris Wallace
Subject: RE: Bogue Watch - Newport, NC
Chris, attached is the permit transferring Bogue Watch to REDUS. As we discussed earlier, the
original permit drawings, which are part of the complete transfer package, are not in the file
here in Morehead City or in the Wilmington office. I will call the Attorney General's office today
to see if they have a copy of the original plans as the permit was granted by CRC variance and
the plans may have been sent directly to that office. But, the transfer has been completed. As
soon as I know something, I will get back in touch. Hopefully this afternoon.
Jonathan
-----Original Message-----
From: Chris Wallace [mailto:CWallace@landtechsc.com]
Sent: Friday, April 15, 2011 8:47 AM
To: Howell, Jonathan
Subject: RE: Bogue Watch - Newport, NC
Jonathan, as of yesterday still haven't seen the transfer. Can you fax or scan me a copy?
Thanks! CW
CHRISTOPHER M. WALLACE, LEED® AP BD+C
Project Manager
LandTech Receiver Services, LLC
Mobile. (843) 864-9552
Fax (803) 540-3460
cwallace@landtechsc. com
www.landtechsc.com
3
-----Original Message-----
From: Howell, Jonathan [mailto.jonathan.howell@ncdenr.gov]
Sent: Tuesday, April 05, 2011 2:21 PM
To: Chris Wallace
Subject: RE: Bogue Watch - Newport, NC
Chris, to what address should I send this transfer?
-----Original Message-----
From: Chris Wallace [mailto: CWallace@landtechsc. com]
Sent: Tuesday, April 05, 2011 9:44 AM
To: Howell, Jonathan
Subject: FW: Bogue Watch - Newport, NC
Per my earlier email. Please see trailing email below. Let me know your thoughts. CW
-----Original Message-----
From: Chris Wallace
Sent: Monday, March 28, 2011 3:15 PM
To: 'Styron, Heather M.'
Subject: RE: Bogue Watch - Newport, NC
Thank you Heather. CW
-----Original Message-----
From: Styron, Heather M. [mailto:heather.m.styron@ncdenr.gov]
Sent: Monday, March 28, 2011 11:11 AM
To: Chris Wallace
Subject: RE: Bogue Watch - Newport, NC
Hello Mr. Wallace, I have forwarded your email to Jonathan Howell and he should answer these
questions for you. Thanks, Heather
-----Original Message-----
From: Chris Wallace [mailto:CWallace@landtechsc.com]
Sent: Thursday, March 24, 2011 8:56 AM
To: Styron, Heather M.
Subject: FW: Bogue Watch - Newport, NC
Heather, Trying to make sure our Corps Permit is in sync with the CAMA permit. It looks like our
current CAMA permit covers: construction of the upland marina, boat ramp, breakwaters,
bulkhead, and maintenance dredging of the existing channel, as well as an elevated board
walkway over wetlands 108' in length, and a 180' pier with a 8'x25' tee observation platform.
This appears to cover everything that we'd have going on out there. ( I have attached the
current permit and supporting documentation for your reference). Therefore I would think that
the only CORPS Permit needed would be the one USACOE General Permit number GP291,
correct? That should cover all work and would be issued subsequent to the CAMA permit being
transferred into REDUS name, correct? See trailing email below for some correspondence from
Dave Timpy. He suggested that I check with you guys.
Also, any word on when the transfer may occur from Doug? Thanks again for the assistance and
let me know what you think.
CW
4
-----Original Message-----
From: Timpy, David L SAW [mailto:David.L.Timpy@usace.army.mil]
Sent: Monday, March 14, 2011 10:03 AM
To: Chris Wallace
Subject: RE: Bogue Watch - Newport, NC
Chris,
The GP56 was for a pier and the GP291 was for dredging. The application for a pier was
submitted and authorized under GP56, along with the preservation offered and recorded by
Bogue Watch. Subsequently, the dredging application was submitted and authorized under the
GP291. GP56 cannot be used for dredging activities. If both these activities were submitted in
the application as a single and complete project, they could have been authorized under a
GP291.
If you submit a request to DCM to renew the Bogue Watch CAMA permit and this request
includes the dredging and pier with the preservation, I may be able to renew the GP291 that
includes the pier and preservation.
Dave Timpy
Project Manager
Regulatory Division
US Army Corps of Engineers, Wilmington District
69 Darlington, Avenue
Wilmington, North Carolina 28402-1890
Office: 910-251-4634
Cell: 910-617-3254
Fax: 910-251-4025
Email:david.L.Timpy@saw02.usace.army.mil
Website: http://www.saw.usace.army.mil
The Wilmington District is committed to providing the highest level of
> support to the public. To help us ensure we continue to do so, please
> complete the Customer Satisfaction Survey located at our website at
> http://pert.nwp.usace.army.mil/survey.html
-----Original Message-----
From: Chris Wallace [mailto:CWallace@landtechsc.com]
Sent: Thursday, March 10, 2011 12:16 PM
To: Smith, Ronnie D SAW; Timpy, David L SAW
Subject: RE: Bogue Watch - Newport, NC
5
Sorry about that Ronnie! Meant to send to Dave!
Dave
Ronnie, I am trying to figure out the difference/correlation between the two permit numbers
19780056 and 197800291. Did the second one replace the first one, are they for the same
areas? Do we need both of them?
Just want to make sure I understand the difference between the two so if the CAMA permit
doesn't trigger the renewal on both, I understand what I need to do to renew/extend. Thanks
again for the help. CW
From: Chris Wallace
Sent: Monday, February 07, 2011 2:49 PM
To: Ronnie Smith (ronnie.d.smith@usace.army.mil)
Subject: Bogue Watch - Newport, NC
Good afternoon Ronnie, I hope that this email finds you well. I was wondering if you had any
knowledge of Bogue Watch up near Morehead City. This is another project we are managing in
receivership and I would like to swing by and gather the permit status (as we did with San Rio).
I think the permit numbers are 19780056 and 197800291 or SAW-20006-40456-016.
I don't have any copies of the permit, just have run across these numbers in other findings.
Thanks again for your assistance in this matter.
I am free later this week or anytime thereafter.
Best Regards,
Christopher M. Wallace LEED AP
LandTech Receiver Services, LLC
843-864-9552
cwallace@landtechsc. com
6
www.landtechsc. com
Permit Class Permit Number
TRANSFER 141.06
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and RECEIVED
Coastal Resources Commission APR 18 2011
+'+' mit ilEG. WILM. F
LD. OFC.
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 REDUS NC Coastal, LLC, 301 South College Street Suite, Charlotte NC 27606
Authorizing development in Carteret County at adjacent to Bogue Sound and Sikes Creek,
in White Oak Township , as requestfd in the permittee's letter dated 2/16/11
This permit, issued on April 5, 2011 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) This transfer shall be attached to copies of the following attached permit documents, which includes all
application fbrms and workplan drawings:
a. Permit 141-06, issued on 9/13/06, and
b. The major modification issued by CRC Variance on 1/5/09.
2) Copies of all referenced documents shall be readily available on site when a Division representative
inspects the project for compliance. In accepting this transfer, the new premittee agrees that all
conditions and stipulations of the active permit remain in force.
NOTE: The expiration date of this permit has been extended in accordance with Session Law 2009-406,
and amended by Session Law 2010-177.
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 26, 2015
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
James H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
?Cl)tJS L CcAITitL?? LLignature of Permittee
mr,ma C (L-
'VOEIV D
LandTech Receiver Services, LLC as Receivers for Bogue Watch, LLC
2000 Center Point Road
Suite 2100
Columbia, SC 29210
February 16, 2011
NCDENR - Division of Coastal Management
Heather Stryon
400 Commerce Avenue
Morehead City, North Carolina 28557
Bogue Watch Subdivision
CAMA Permit Number 141-06
Carteret County, NC
Dear Ms. Stryon:
FEB 21 2011
MorehQUdCifypCM
ay.CEQVED
APP 18 2011
G. WILM. FLD. OFC.
Per our conversations, Bogue Watch Subdivision has been foreclosed upon by its lender and deed
will be transferred into REDUS NC Coastal, LLC's name this week. I therefore request to
transfer the CAMA Permit Number 141-06 from Bogue Watch, LLC to REDUS NC Coastal,
LLC's name.
REDUS NC Coastal, LLC
301 South College Street
Charlotte, NC 28202
There are no current plans from the new owner to deviate from the current CAMA Permit and as
Receivers for the property we have notified the new owner that should deviations be considered
that they should contact the Division of Coastal Management prior to considering such
deviations,
Please see attached for a copy of the deed.
Please let me know if you have any questions or need any further information to complete this
request.
Best Regards,
4"? J)!;;E-
Kevin Steelman
Manager
LandTech Receiver Services, LLC as Receivers for Bogue Watch, LLC
LandTech Receiver Services, LLC - (o) 803-540-3444 (f) 803-540-3460
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
http://www.saw.usace.army.mil/WETLANDS/index.html
General Permit No. 198000291
Name of Permittee: General Public
Effective Date: January 1.2011
Expiration Date: December 31, 2016
DEPARTMENT OF THE ARMY
GENERAL PERMIT
A general permit to do work in or affecting navigable waters of the United States and waters of
the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the
Rivers and Harbors Act of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act
(33 U.S.C. 1344), is hereby issued by authority of the Secretary of the Army by
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL
COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH
CAROLINA IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (LAMA)
PERMIT, AND/OR A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A
WATER QUALITY CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE
FOR FEDERAL AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR
ANOTHER REGIONAL GENERAL PERMIT.
Operating Procedures
a. Applications for joint state and federal authorization under this programmatic
general permit will be accepted through the North Carolina Division of Coastal Management
(NCDCM). Receipt of a complete application by the NCDCM will initiate the State's field
review that will include a site visit and preparation of a Field Investigation Report and a state
Bio-Report. The NCDCM will forward a copy of the complete application, its Field
Investigation Report and its Bio-Report, to the appropriate Corps of Engineers field office,
thereby initiating federal review of the project. The Corps, upon receipt of an application, will
immediately assign an action identification number, acknowledge receipt thereof, and examine
the application to assure that it can be processed pursuant to this programmatic general permit.
The applicant and the NCDCM will be furnished written notification of the Corps'
determination. Notification to the applicant will include a brief description of the administrative
process.
b. For those proposals that may result in a discharge into waters of the United
States, including wetlands, the North Carolina Division of Water Quality (NCDWQ) and the
applicant will be informed regarding the applicant's need to obtain a Water Quality Certification
in accordance with section 401 of the Clean Water Act.
c. If, at any time, the Corps determines that a proposed activity is eligible for
authorization under another regional general permit (RGP) or a nationwide permit (NWP), this
procedure may be terminated and the activity authorized pursuant to the terms and conditions of
the appropriate RGP or NWP.
d. The permit review process conducted by the NCDCM is a public process
involving publication of public notices in local newspapers, public hearings, and various public
appeal procedures. The Corps may issue a separate public notice for a specific proposal if it is
deemed necessary for compliance with appropriate laws, regulation and guidance.
e. This general permit does not, in any way, alter established procedures or
responsibilities, as required by federal laws, memoranda of agreements (MOA's) or
administrative regulations, with respect to the Corps' coordination with appropriate review
agencies. The applicant will continue to have the opportunity to rebut any objections to a
proposal.
f. The Corps will provide copies of the application and plans, the NCDCM's Field
Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS),
the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency
(EPA), and any other federal agency that the Corps determines to be a necessary review agency
(collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies'
review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to
provide the Corps with their comments and recommendations, including any proposed permit
special conditions and recommendations of denial. The Corps may grant extensions of time for
Federal Agency review if justified by unusual circumstances. If an extension is granted that
would substantially delay an NCDCM decision, the application may be removed from this
general permit process.
g. The Corps will receive and review all Federal Agency comments as well as any
applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will
prepare a coordinated federal position incorporating all Federal Agency comments, including
proposed permit special conditions and any recommendations for denial. The Corps will
typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of
the complete application, and copies of the Field Investigation Report and Bio-Report.
h. If the Corps does not concur with a Federal Agency's comments or
recommendations, the Corps will contact the Federal Agency and advise it of the Corps' position.
2
Attempts to resolve the issue may include initiating the referral procedures outlined by current
memoranda of agreement (MOA's) between the Department of the Army and the agency. No
coordinated federal position will be furnished to the NCDCM until and unless the Corps receives
written agreement from the Federal Agency that all issues have been resolved to the satisfaction
of that agency.
i. If any of the recommendations and/or conditions included in the coordinated
federal position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten
(10) days of receipt of the coordinated federal position and attempt to resolve the conflict. If
resolution of the conflict involves changes to the conditions or recommendations provided by the
Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is
resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit
will be issued and the authority of this general permit will apply. .
j. If a Federal Agency conflict is not resolved within the time necessary for a
decision by the NCDCM, the NCDCM may proceed, independently, to conclude the state action
without inclusion of the federal position. In such case, the applicant and the NCDCM will be
notified immediately, in writing, that the state permit does not satisfy the federal permit
requirements and that the proposal in question may not proceed without federal authorization.
k. If the coordinated federal position is not in conflict with state agencies'
positions, law, regulation, or policy, and is acceptable to the NCDCM, a state permit will be
developed by the NCDCM fully incorporating the state and federal positions. The NCDCM will
furnish copies of the final permit to the applicant and the Corps. The NCDWQ will furnish a
copy of the Section 401 Water Quality Certification, if required, to the applicant and the Corps.
The Corps will not confirm the authorization of a proposed project under this General Permit
until the issuance of the NCDCM permit and, if required, the Section 401 Water Quality
Certification.
1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the
applicant will be informed that federal authorization is denied without prejudice.
m. No work may proceed under this general permit until the District Engineer or
his representative provides written verification that the procedures and conditions of the general
permit have been satisfied.
n. The NCDCM and the Corps will monitor all permitted work and periodically
inspect projects for compliance with permit conditions and applicable state and federal
regulations. If any violation of the NCDCM permit is discovered which would also constitute a
violation of the federal position, both the NCDCM and the Corps, in accordance with their
respective regulations and policies, may take enforcement action.
o. This general permit will not be used to authorize an activity when the District
Engineer determines that the proposed activity would significantly affect the quality of the
human environment and therefore require preparation of an Environmental Impact Statement
(EIS).
General Conditions
a. Except as authorized by this general permit or any USACE approved
modification to this general permit, no excavation, fill or mechanized land-clearing activities
shall take place, at any time in the construction or maintenance of this project, within waters or
wetlands. This permit does not authorize temporary placement or double handling of excavated
or fill material within waters or wetlands outside the permitted area. This prohibition applies to
all borrow and fill activities connected with this project.
b. Authorization under this general permit does not obviate the need to obtain
other federal, state, or local authorizations.
c. All work authorized by this general permit must comply with the terms and
conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this
general permit issued by the North Carolina Division of Water Quality.
d. The permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside
the permit area. This shall include, but is not limited to, the immediate installation of silt fencing
or similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
e. The activities authorized by this general permit must not interfere with the
public's right to free navigation on all navigable waters of the United States. No attempt will be
made by the permittee to prevent the full and free use by the public of all navigable waters at or
adjacent to the authorized work for a reason other than safety.
f. The permittee understands and agrees that, if future operations by the United
States require the removal, relocation, or other alteration, of the structure or work herein authorized,
or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or
alter the structural work or obstructions caused thereby, without expense to the United States. No
claim shall be made against the United States on account of any such removal or alteration.
4
g. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct, restore
the affected water of the United States to its former conditions.
h. The permittee will allow the Wilmington District Engineer or his
representative to inspect the authorized activity at any time deemed necessary to assure that the
activity is being performed or maintained in strict accordance with the Special and General
Conditions of this permit.
L This general permit does not grant any property rights or exclusive privileges.
j. This permit does not authorize any injury to the property or rights of others.
k. This general permit does not authorize the interference with any existing or
proposed federal project.
1. In issuing this permit, the Federal Government does not assume any liability for
the following:
(1) Damages to the permitted project or uses thereof as a result of other
permitted or unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current
or future activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted
activities or structures caused by the activity authorized by this permit.
(4) Design or construction deficiencies associated with the permitted work
(5) Damage claims associated with any future modification, suspension, or
revocation of this permit.
in. Authorization provided by this general permit may be modified, suspended or
revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the
Army, determines that such action would be in the best public interest. The term of this general
permit shall be five (5) years unless subject to modification, suspension or revocation. Any
modification, suspension or revocation of this authorization will not be the basis for any claim
for damages against the United States Government.
n. This general permit does not authorize any activity which the District Engineer
determines, after any necessary investigations, would adversely affect:
(1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15
U.S.C. 1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild,
scenic and recreational rivers established by state and local entities.
(2) Historic, cultural or archeological sites listed in or eligible for
inclusion in the National Register of Historic Places as defined in the National Historic
Preservation Act of 1966 and its codified regulations, the National Historic Preservation
Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native
American Graves Protection and Repatriation Act.
(3) Sites included in or determined eligible for listing in the National
Registry of Natural Landmarks.
o. This general permit does not authorize any activity which will adversely affect
any threatened or endangered species or a species proposed for such designation, or their
designated critical habitat as identified under the Federal Endangered Species Act (16 U.S.C.
1531). Information on the location of threatened and endangered species and their critical habitat
can be obtained directly from the Corps field offices or at the following internet address:
http://www.ncnhp.org/Paggs/heritagedata.html. or httg://nc-es.fws.gov/es/es.html. Permittees
should notify the Corps if any listed species or designated critical habitat might be affected by the
proposed project and may not begin work until notified by the Corps that the requirements of the
Endangered Species Act have been satisfied and that the activity is authorized.
p. Permittees are advised that development activities in or near a floodway may
be subject to the National Flood Insurance Program that prohibits any development, including
fill, within a floodway that results in any increase in base flood elevations. This general permit
does not authorize any activity prohibited by the National Flood Insurance Program.
q. The permittee must install and maintain, at his expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized
facilities. For further information, the permittee should contact the U.S. Coast Guard Marine
Safety Office at (910) 772-2191.
r. At his sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this general permit will not be applicable to a specific
proposal. In such case, the procedures for processing an individual permit in accordance with 33
CFR 325 will be available.
6
s. Activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon this general permit will remain authorized provided the
activity is completed within twelve months of the date of the general permit's expiration,
modification, or revocation. Activities completed under the authorization of this general permit
which were in effect at the time the activity was completed continue to be authorized by the
general permit
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
erson M. s e
010 1. U.S. Army
District Engineer
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
April 27, 2011
Regulatory Division
Action ID No. SAW-2006-40456 and State Permit No. 141-06
Kevin Steelman
REDUS NC Coastal, LLC
301 South College Street
Charlotte, North Carolina 28202
Dear Sir or Madam:
Through coordination with the North Carolina Division of Coastal Management, we have
learned of your request to transfer Department of the Army (DA) permits issued to Bogue
Watch, LLC on May 15, 2009 and September 5, 2006 to REDUS NC Coastal, LLC. This
pen-nit authorizes the constriction of three community observation piers and a 29 slip upland
marina with channel excavation to serve the community of the new Bogue Watch, in Ocean Isle
Beach, Brunswick County, North Carolina.
The proposal, including the three observation piers, continues to be consistent with the
provisions and objectives of general permit No. 198000291(copy enclosed). The permit is
hereby transferred. It is understood that all other conditions of your permit remain applicable
and will expire December 26, 2015.
If you have any questions or comments you may call me at (910) 251-4634.
Sincerely,
Dave Timpy, Project Manager
Wilmington Regulatory Field Office
Enclosure
-2-
Copies Furnished (without enclosure):
Chief, Source Data Unit
NOAA/National Ocean Survey
ATTN: Sharon Tear N/CS261
1315 East-West Highway, Room 7316
Silver Spring, Maryland 20910-3282
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dr. Steve Everhart, District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405