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HomeMy WebLinkAbout131-83 Minor Mod 2010 Masonboro Boatworks LLCPermit Class MODIFICATION/NHNOR Permit Number 131-83 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ,pPrtnit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Masonboro I3oatworlcs, LLC, 609 Trails End. Road, Wilmington, NC 28409 Authorizing development in New Hanover County adi. Whiskey Creek as requested in the permittee's letter dated _1./12/10.'including the attached workplan drawin s (1), dated 1/8/10 This permit, issued on_ March 16. 2010_ _ is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set fortli 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) Unless specifically altered herein, this minor modification authorizes the construction of approximately 1.40 linear feet of bulkhrad, all as expressly and specifically set forth in the attached work plan drawing. 2) This modification shall be attached to the original of Permit No. 131-83, which was issued on 9/13/83, and transferred to the permitter on 4/5/07, as well as all subsequent renewals, modifications, and refinements, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 3) All conditions and stipulations of the active permit remain in force under this minor modification unless specifically altered herein. (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 April 30, 2016 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. I'// James I regson, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permitter Masonboro Boatworks, LLC ADDITIONAL CONDITIONS Shoreline Stabilization Permit #131-83 Page 2 of 2 4) The alignment of the permitted bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Upon verification by the Division of Coastal Management, the approved bulkhead aligmnent shall be surveyed prior to construction. Failure to survey approved alignment and initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -verified by DCM and surveyed within a maximum of 30 days prior to the new expected start of construction 5) The alignment of the authorized. bulkhead shall be at or above the Normal High Water Line at the time of construction. 6) The bulkhead shall be constructed prior to any backfilling activities. 1) The bulkhead shall be. structurally tight so as to prevent seepage of backfill materials through the structure. 8) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 9) All backfill material shall be clean and free of any pollutants except in trace quantities. 10) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 11) No backfill material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 12) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 13) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days on all disturbed areas. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NLr�!LI�"GDI3TRIB7=0`iSETEF 13(-83 Permitee: IVIDL.Sa.bot`o Qocc�works, L« Agentl DCM Field Offices Eiizabeth City Morehead Cit j Washin on i US ACOE Offices: I YvL 111 rGY LJI�U W VLL jA 141E UL4W♦rl6') Washington: Raleigh Bland Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Dave Timpy Cultural Resources: Renee Gledhill -Early Public Water Supply: Debra Benoy (WIRO) Joey White (WARD) Marine Fisheries: Anne Deaton NC DOT: Ken Pace Shellfish Sanitation: Patti Fowler State Property: June Michaux Water Quality: Cyndi Karoly (Raleigh) John Hennessy (NC DOT) Washington: Vivian Christy Al Hodge Kyle Barnes Wilmington: Kelly Johnson - Stormwa Wildlife Resources: Maria Dunn (WARD) Molly Ellwood (WIRO) LPO: Fax Distribution: Permitee Agent#: C_e104, ,mc...,. 0116- 6S6- g666 TM ECS CAROLINAS, LLP "Setting the Standard for Service" CAKOLUMAS ® Geotechnical • Construction Materials • Environmental • Facilities January 12, 2010 Ms. Holley Snider Field Representative N.C. Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Reference: Masonboro Yacht Club Minor Modification and Permit Extension Request CAMA Major Development Permit No. 131-83 609 Trails End Road Wilmington, North Carolina, 28409 910.791.1893 ECS Project No. 22-15391 Dear Ms. Snider, On behalf of Masonboro Yacht Club ECS Carolinas, LLP (ECS) is pleased to provide a Minor Modification request to existing CAMA Major Development Permit No. 131-83 for a new bulkhead located between an existing dry -stack structure and an existing floating dock "C' Dock, which are associated with the existing Masonboro Yacht Club Marina facility. As per our previous discussion on this request, the new bulkhead will be 140 linear feet in length and will follow the normal high water (NHW) boundary in the area where existing rip -rap material is located. The new bulkhead within this location is need to stabilize the eroding shoreline between an existing dry -stack structure and its associated foundation components, and the existing floating dock (C-Dock) that is located just waterward of the shoreline. The bulkhead is also proposed to address the sediment deposited into the marina basin and under C-Dock due to the erosion of the shoreline (Sheet 1 of 1 and On -site Photographs). State Permit No. 131-83 was originally issued on September 13, 1983 to Mr. Ed Lowe for Masonboro Boat Yard & Marina, Inc., authorizing the development of a marina facility with associated dry -stack facility, clubhouse and parking. State Permit No. 131-83 was transferred from Mr. Lowe for Masonboro Boat Yard & Marina, Inc. to Masonboro Boatworks, LLC on June 7, 2005. State Permit No. 131-83 was modified to allow additional upland development, which included new dry -stack storage and parking areas on the western and southern portion of the site on February 27, 2006. State Permit No. 131-83 was last renewed on June 13, 2006 and expired on April 30, 2008. On June 24, 2008, Masonboro Boatworks, LLC submitted a renewal request and a modification request to relocate the designated spoil location for maintenance of the marina basin and access channel to the Atlantic Intracoastal Waterway (AIWW); however, during a file review at the Wilmington Regional Office (WiRO) and Masonboro Yacht Club, ECS was unable to locate the modification and renewal of State Permit No. 131-83 under this June 24, 2008 request. Masonboro Yacht Club also requests a copy of the renewal and modification of State Permit No. 131-83 under the June 24, 2008 request. RECEIVE® JAN 12 2010 DCM WILMINGTON, NC 7211 Ogden Business Park, Suite 201, Wilmington, NC 28411 • T. 910-686-9114 F: 910-686-9666 www.ecslimited.com ECS Carolinas, LLP • ECS Florida, LLC • ECS Illinois, LLC • ECS Mid -Atlantic, LLC • ECS Southeast, LLC • ECS Texas, LLP Masonboro Yacht Club Minor Modification and Renewal Request New Hanover County, North Carolina ECS Project No. 22-15391 January 12, 2010 Should you have any questions or require additional information, please contact the undersigned at your convenience at (910) 686-9114. Respectfully Submitted ECS CAROLINAS, LLP b L. Mairs enior Environmental Project Manager CAMA Services f(AWA1.SD6�_ L le, Walid M. Sobh, P.E. Principal Engineer Attachments: Sheet 1 of 1 Existing Site Conditions and Proposed Bulkhead Location On -site Photographs cc: Mr. David Christopher, Masonboro Yacht Club Manager RECEIVED JAN 12 2010 DCM WILMINGTON, NC MCENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Governor Masonboro Boatworks, LLC 609 Trails End Road Wilmington NC 28409 Dear Sir or Madam: James H. Gregson Director March 16, 2010 Dee Freeman Secretary The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff -colored form) and the Xerox stamped "Copy". Return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Please retain the original (buff -colored form), as it must be available on site when the proj ect is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this. decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, Dough ett Major Permits and Consistency Manager Enclosure 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: wymnccoastalmanagement.net %n Equal Opportunity 1 Rtfinmobve Aden Employer One . NorfliCarohna �1?atirr�tll Applicant: Division of Coastal Management Application Processing Notes I s -V Type: (check all that apply) (% NEW MAJOR MOD_ MINOR MOD RENEWAL_ TRANSFER_ Permit Coordinator: Field Representative: Date/Tinie Message Any NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Governor Director MEMORANDUM j��.c(I Z/23 Iv TO: Doug Huggett, '" DCM Major Permit Coordinator, Morehead City FROM: Holley Snider iZ DCM Field Representative, Wilmington THRU: Steven H. Everhart, Ph.D. J�' DCM District Manager, Wilmington DATE: February 18, 2010 SUBJECT: Minor Modification Request Permit No 131-83 Masonboro Boatworks, LLC (formally Masonboro Boat Yard) New Hanover County Dee Freeman Secretary RECEIVED FEB 2 3 2010 Morehead City DCM Robb Mairs, of ECS Carolinas, LLP, acting agent for Masonboro Boatworks, LLC, has submitted a request to modify State Permit No. 131-83. Permit No 131-83 was originally issued on September 13, 1983 to Ed Lowe for Masonboro Boat Yard & Marina, Inc., authorizing the development of a marina facility with associated dry -stack facility, clubhouse and parking. State Permit No. 131-83 was transferred from Ed Lowe for Masonboro Boat Yard & Marina, Inc. to Masonboro Boatworks, LLC on June 7, 2005. State Permit No. 131-83 was modified to allow for upland development, which included new dry -stack storage buildings and parking on February 27, 2006. State Permit No. 131-83 was modified to relocate the spoil disposal and renewed for maintenance dredging on February 8, 2010. State Permit No. 131-83 is due to expire on April 30, 2016. At this time Masonboro Boatworks, LLC is requesting a modification to State Permit No. 131-83 to construct 140 linear feet of new bulkhead along the Normal High Water (NHW) boundary in the area where existing riprap material is located. The new bulkhead would be located adjacent to the existing dry -stack storage, would stabilize the eroding shoreline, and prevent sediment run-off to the adjacent waters. The agent, ECS Carolinas LLP., has submitted a check (check No. 2689) in the amount of $100 for the modification request. This office has no objections to the proposed modification with the recommended conditions: 127 Cardinal Drive Ext, Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity \ Afirma6ve Acdon Employer NorthCarolina Naturally Masonboro Boatworks, LLC Page 2 [ 1] The bulkhead alignment will approximate the normal high water level at the time of construction. [ 21 The alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be re -staked by DCM within a maximum of thirty (30) days prior to the new expected start of construction. [ 31 The bulkhead must be constructed prior to any backfilling activities. [ 4] The bulkhead must be structurally tight'so as to prevent seepage of backfill materials through the structure. [ 5] The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. No excavation is permitted, except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. [ 6] The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. [ 7] All backfill material will be obtained from a highground source and confined behind the permitted bulkhead. Enclosures cc: Wilmington files CAR01 INAG ECS CAROLINAS, LLP Geotechnical . Construction Materials • Environmental 7211 Ogden Business Park Suite 201 Wilmington, North Carolina 28411 Telephone 910-686-9114 Fax 910-686-9666 To: Ms. Holley Snider NC DCM Field Representative 127 Cardinal Drive Extension Wilmington, North Carolina 28405 We are sending you the following items via: Hand Delivered LETTER OF TRANSMITTAL Date: 1/12/10 Project No. 15391 COPIES DATED IDESCRIPTION 1 1/12/10 Masonboro Yacht Club CAMA Major Development Permit No. 131-183 Minor Modification and renewal request. These are transmitted as checked below: Check Number in the amount of $100.00 for modification request. Please contact me with questions regarding this project. Thanks again for your COPY TO: File RECEIVED JAN 11 2010 DCM WILMINGTON, NC Masonboro Yacht Club CAMA Minor Modification Request 609 Trails End Road New Hanover County, North Carolina ECS Project 22-15391 m ...... 0111 —LLP 'CARIOLa11JA1 0 Photograph 1� A View of proposed bulkhead location along the NHW boundary located between an existing floating dock (C-Dock) and an existing dry -stack structure on the northern portion of marina facility, facing east. RECEIVED JAN 12 2010 DCM WILhMNGTON, NC erco Lon mroaosen ew um mrtus� insw a rnrn xom xmr axrrcr mms Lraura C+ z z c) SOIII. R �. NI11' ON'NOLE7t•11'e'611i�^. MOU Date/Time Fax Number Fax Name Model Name No. Name/Number 571 919106869666 Fax Send Report MAR-17-2010 11:32AM WED DCM MHDCTY SCx-5x30 Series StartTime Time Mode 03-1711:31AM 00e36 ECM Pwmit Claaa Permit Number MO➢IFICATIONIM NOR 1J1-flJ S WEE OF NORTH CAROLINA Departmen[ afEnamomnent and Natural Resource., and. Coastal Resomco Commission Vermit for %Mai rDcvelopmvsl in an Arco of Envsronmcaml Concern Per'sYI I[o NCGR 113A-II1 _ IT'sOon and/ur filling parstmnl to NCGS I13-229 IssnGl to MM--b-- ltoatwereas LLC 609'frails End Road, Wilmington, NC 28409 AUNorizingdwelopmeot in Nry 6t ._County adi.RTiskov Crrek In, re quested in the pmminer's letter dated _ 1/1 VI(I jndthILnn" chat ahrd kI drfLl, dotal ll/gItl This pennil, iasuetl on MAM 6,1010 _ is subjmt to emnpliance w10i N4 applicmiun (wince consistent wiw the Wmil), x0 applicable rcb Iatiens, PpG:ml mndidom and notes ser forth below. Arty violation of dm..e arms mny be aYbjeIX IV Imo imp1190nmCilr n1 oivll aGIOn� pr nLty Wit a NC mm,i[ m hlraall mid VOid. 1) UnIcsssin,dileally.hcredleavir.II,,•b l6 mltmr IDOd GLlml allthar19R9111e COn,naetlOn Of rtpproSimalely 140 liucar feet ofbulkhead, all as xprosaly umi spccilically act forth w theaitaehrd work plan dr,lwiag. 2) Thlsomifreadonsladlhea[tached ro.lhc osiginel of Permit No. 131-gJ, which waz 7ssuG1 on 9/l3/53, and tmnvfened ro the permincc on 415107, as well as W subsequent renewals, modifteeions, and rtfmcesents. mad copies of all dom{meet$ shall be readily available on site when Division inspect the prej for compliance pemoosel 3) All conditions and stipulations of tine native permit remain is force under this minor modification unless specifPAOy:dmred hwein (See attached sheet for additional conditions) This rmmd onion may ba appcated by te .0a, outiGA saran innin tweury(2o) dap pent ec at, Silal by dm earhorlry of Ge se rw.y of DENR and rha ofma issuing araiemen afthe Casul strasnes Commission dare nn npaalrw�ma-"[rmlmwn odmmwof imaaaanG cofmanrca a maaee m y ba. ' Thl, pe me mane M neauibte omdm e nm D,parm ,reenral wAen the Pmjmt iz huPmmd forcom (� Aq'meimenanx .k oc Pr^jmi mo4Sntion aosoo.med James egson, Directorem Aaedrrryaineshadier Dnoloas appmal. I Division of Co as Management All wank mazy.. when Ne'arn"Ina, a This Prmtit aml as mnditiom are hembyattxpW. Apol J0, 2016 cat Amu is bsa rit sah PGmi4 the Sum of Ronh C rhmyoPmb m iem minea eid, the NOM Cdotinaa C call - - MnnagneetReP/vm I Sigtutumanomiuee Page Result O.K V EXISTING DRY -STACK FACILITY / EXISTING RIP -RAP MATERIAL EXISTING MARINA APPROXIMATE NHW LINE AND PROPOSED BULKHEAD LOCATION 144 CRUISE A E.-riligaMm. WWHISKEY C DOCIC / .�.... .• 'tack p°spc�+c�av n-O+nMo p� Masonboro Yacht Club 3 Story' 1 ....: Clubhouse SCALE: V=30' Sheet 1 of 1- EXSITING SITE CONDITIONS AND PROPOSED BULKHEAD LOCATION Source: Masonboro Yacht Club masonnoro Yacht Glub CAMA Major Development Permit No. 131-83 Minor Modification Request EF New Hanover County, North Carolina LLP Drawing Modified By R. Mairs �MAM®ILJN14fta LINE TYPE t:L.c., V `L, Approximate Normal High Water (NHWXN 12 2010 Proposed New Bulkhead Location CM WILMINGTON, NC ECS PROJECT NO. 22-15391