Atlantic Development Group Launches CH Website

Atlantic Development Group has launched an updated Cumberland Harbour residential community website:  Link to website

 

The website contains current information about the Cumberland Harbour community, residential construction, and more!

With water on three sides, Cumberland Harbour is a Georgia coastal master-planned community nestled on the Point Peter peninsula between the St. Marys River, the North River, and Point Peter Creek. The Intracoastal Waterway, Cumberland Island National Seashore, and Amelia Island, Florida, are only minutes away by boat.

 

Under the Real Estate tab, information is available regarding Atlantic Development's Signature Homes program, architectural influences, and the community's design review board process.
 

Under other tabs, you'll find information about local history, Cumberland Harbour's lifestyle and amenities, planned marina, and the beautiful surrounding coastal area, including Cumberland Island, Amelia Island, and Jacksonville.
 

 

POA Board to send marina permit letter
The Interim CHPOA Board voted to send a letter to the Department of Natural Resources, on behalf of the CHPOA, supporting:

The Coastal Marshlands Protection Committee Permit #490,
North River, St. Marys River, Point Peter Creek,
Camden County, Georgia.

Owners also encouraged to send letters
Homeowners and lot owners supportive of the permit are also encouraged to send letters. Send them to:

Karl Burgess, Department of Natural Resources
One Conservation Way, Brunswick, GA 31520.

Deadline for comments is December 6, 2009.

Marina case update
The Administrative Law Judge (ALJ) in the Cumberland Harbour marina case issued an order on April 16, 2009. The ALJ's order did not change the status of the case, but implemented earlier decisions in the case by the Ga. Court of Appeals and Ga. Supreme Court. The Order also contained the ALJ's decisions on two recent motions filed by the parties.

The Order:

• Vacated the part of the ALJ's original 2006 order which had been overturned by the Ga. Court of Appeals, regarding regulation of upland development.
• Implemented the part of his 2006 order upheld by the Court of Appeals, by remanding the marina permit to the Coastal Marshlands Protection Committee for consideration of final conservation measures for the protection of Right Whales and other wildlife.
• Denied a motion by Center for a Sustainable Coast, et al., for an evidentiary hearing to consider the impact of upland development, such as stormwater runoff.
• Denied a motion by Point Peter for reconsideration of the ALJ order remanding the permit to the Committee for determination of final conservation wildlife measures.

For copy of the 4/16/09 ALJ decision, go here.

More information on the motions and case history:

A.) Issues on motion by the parties - 4/16/09 Order:

1.) Upland Development:

The Administrative Law Judge (ALJ) ruled in 2006 the Coastal Marshlands Protection Committee (the Committee) erred in issuing a marina permit to Point Peter LLLP, under the the Coastal Marshlands Protection Act (the Act), without considering the impact on the marsh of CH's upland development (stormwater runoff, etc.). This part of the ALJ's 2006 ruling was overturned by the Ga. Court of Appeals.

The Court of Appeals held the Act did not regulate upland development. The Ga. Supreme Court affirmed the Appeals Court's reversal of this part of the 2006 Order.

Nevertheless, in 2009, the Center for a Sustainable Coast (CSC) requested an evidentiary hearing on the impact of upland development. CSC's request was denied in the ALJ's 4/16/09 Order.

2.) Reversal and remand of Marina Permit / Final Conservation Measures:

The ALJ in 2006 also reversed the permit and ordered it be remanded to the Committee for determination of final conservation measures. This part of the ALJ's decision was upheld by the Court of Appeals and affirmed by the Supreme Court.

Point Peter, which has maintained it has every intention of implementing such conservation measures, requested a reconsideration of the part of the ALJ's 2006 Order reversing and remanding the permit back to the Committee, so as to be able to begin construction and finalize the conservation measures, concurrently. Point Peter's request was denied in the ALJ's 4/16/09 Order.

B.) History of the case in a nutshell:

2005 – Point Peter LLLP obtained a marina permit issued by the Coastal Marshlands Protection Committee (the Committee), a division of Ga. DNR.
The Center for a Sustainable Coast (CSC) and several other groups, filed suit challenging the permit on several grounds.

2006 - the ALJ issued an order remanding the permit to the Committee for further consideration, on several grounds.
In so ruling, the ALJ essentially agreed with the CSC that the permit had been improperly or prematurely granted.
The Committee and Point Peter appealed the ALJ’s decision.

2007 – Ga. Court of Appeals overturned the ALJ’s decision in part and affirmed it in part.
CSC appealed to the Ga. Supreme Court.

2008 – Ga. Sup. Ct. upheld completely the decision of the Ct. of Appeals.
The case was to be remanded all the way back down to the ALJ for implementation of the Ga. Appeals Courts ruling.

2009 – Point Peter & CSC each make motions before the ALJ.
April, 16, 2009 – ALJ denies the motions of both parties, vacates that part of his original order with regard to Committee regulation of upland development, and remands back to the Committee the marina permit for consideration of final conservation measures.

Harbour Lights has received an unconfirmed report about yesterday's Land Resource's bankruptcy hearing in Orlando.

It appears 6 Land Resource properties are to be sold to buyers pursuant to a bidding process set up in the Ch. 11 Reorganization case. Closing on those purchases is scheduled for Feb. 6.

Cumberland Harbour and Grey Rock at Lake Lure were the 2 LR properties not sold yesterday.

Three properties, Bridge Pointe at Jekyll Sound (Waverly, GA, Camden County), Villages at Norris Lake (La Follette, TN), and Wild Ridges at Morgan Creek (Marion, NC), have apparently been purchased by a single company, the "Emerson Group."

The possible sale of Grey Rock in parcels to creditors and owners is still being worked out.

Harbour Lights has learned interest in Land Resource's unsold Cumberland Harbour lots & marina was high; however, none of the bids submitted by prospective purchasers rose to the minimum level set by the creditor banks. As such, Cumberland Harbour was not sold but is being retained by the banks for the time being, which felt more money could be obtained if they had more time.

It's also reported that currently, the unsold LR lots, marina permit, and land set aside for the marina & yacht club, are being shopped together as a single piece. That could change, however, if selling them separately would bring more money.

Harbour Lights will have further news of the bankruptcy proceeding as it becomes available.

Land Resource Press Release
Supreme Court affirms the DNR interpretation of the Coastal Marshlands Protection Act
FOR IMMEDIATE RELEASE

http://www.landresource.com/pressroom/details.php?id=191

ATLANTA (Nov. 17, 2008) - In an action involving a marina permit issued to Land Resource and Point Peter, LLC, the developer of residential resort community Cumberland Harbour, the Georgia Supreme Court upheld a lower court's ruling that the Coastal Marshland Protection Act does not extend to the upland portion of a development. Instead, the Supreme Court has agreed with the Department of Natural Resources' long-standing interpretation that the Act is directed at the regulation of coastal marshlands, which are defined by the General Assembly in a manner that does not include upland areas.

As a result of the 5-2 decision written by Justice Hines and released on November 17, the Cumberland Harbour marina permitting process may proceed.

"We are pleased with the Court's decision and look forward to working with the DNR and Army Corps of Engineers to finalize our permits so the residents of St. Marys and Cumberland Harbour can finally get the marina they deserve," stated J. Robert Ward, CEO and President of Land Resource.

The Court based its decision on the language of the Coastal Marshlands Protection Act, confirmed in the rules adopted by the Board of Natural Resources. The Court resoundingly rejected the notion that the General Assembly intended to establish the Coastal Marshlands Protection Committee (CMPC) as the "super regulator" of any and all development in the coastal areas of the State.

Before actual construction of the marina can begin at Cumberland Harbour, the company must finalize the Biological Assessment, as well as obtain the final permit from the CMPC, in order to receive the permit that is required from the U.S. Army Corps of Engineers.

Marina Decision to be announced Nov. 17th
The Georgia Supreme Court will post its decision in the Cumberland Harbour marina case, styled Center For Sustainable Coast Et Al. V. Coastal Marshlands Protection Committee Et Al. (Case No. S07G1745) Monday morning, Nov. 17, 8:30 a.m.
http://www.gasupreme.us/forthcoming.php
The opinion will be posted on the Court's 2008 decisions page:
http://www.gasupreme.us/sc_op_08_index.php

Marina Update Land Resources released the following on May 20, 2008:

Yesterday's hearing has Cumberland Harbour at the forefront of a case that could determine future regulation for all coastal development in Georgia. We expect a verdict this fall, and the court is required to render a decision by January 2, 2009."

We are pleased with how the Supreme Court hearing went yesterday," said Wesley Rose, Land Resource regional vice president. "The questions our attorneys received from the justices pertain to the rule and spirit of the law. The justices line of questioning reiterated that this case will stand on interpretation of the CMPA and not on the negative rhetoric we have heard from the opposing counsel."

Excerpts from statewide media coverage of yesterday's hearings; a summary of expert opinions: Did lawmakers want the law to apply if "I took my little kayak and disturb a blade of grass? I don't think so. There's a limitation, not a broad license or a requirement that the agency regulates an entire residential development." - Patricia Barmeyer, Land Resource attorney.

"We wouldn't have wanted to buy into a place that was going to let development destroy the natural beauty." - Michael Landrum of Alpharetta, an early Cumberland Harbour buyer in 2002.

It's in the developer's interest to protect the marsh. "That's what we're selling access to… vast marshes overlooking Cumberland Island." - Will Hurst, spokesman for Land Resource.

Lawyers for the state panel said the Coastal Marshland Protection Committee only has the authority to consider only those upland portions of the project that are directly connected to the docks and marinas. Jim Coots, assistant attorney general, also argued that there are other state laws that could take care of some of the concerns environmentalists have with the Cumberland Harbour project. "It is also important to bear in mind that this act is not a panacea for all concerns about how to protect the marsh," he said.