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HomeMy WebLinkAbout20160352 Ver 2_Minor Mod #100-16 - NC Seafood Industrial Park_20220914ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Assistant Major Permits Coordinator, Division of Coastal Management, Morehead City FROM: Yvonne Carver, Field Representative, DCMC THROUGH: Ron Renaldi, District Manager, NE District, DCM DATE: September 13, 2022 SUBJECT: Request for Minor Modification of Major Permit 100-16 REFERENCE: (a) Letter from Brian Rubino, Quible & Associates, dated received 08/29/22 (b) 15A NCAC 073.0405, Permit Modification (c) DWR Project #2016-0352 v2 (d) USACOE Action #SAW-2016-00821 Minor Modification to Major Permit Major Modification Permit (MP) 100-16 was issued to the NC Seafood Industrial Park on November 16, 2021, authorizing minor dredging waterward of the existing boat ramps located off 708 Harbor Road in Wanchese, Dare County, in the waterbody of Broad Creek. The excavation area was 90'x100'x-.75', with the amount of excavation totaling 187 cubic yards (cy). The 50'x40' disposal area for the dredge spoil was proposed to be outside of the 75' AEC on the existing parking lot adjacent the ramps. In addition to the modification to the dredge area, the applicant is requesting that the name of the permittee be changed and issued to the NC Wanchese Marine Industrial Park. The applicant has requested to modify their major permit to excavate an additional 6 inches (0.5 ft) of material from the cross -hatched, 50'x90' area, shown on Project Drawing P02190 attached. The purpose and need is to have a 6-foot water depth adjacent the boat ramp to launch a 110-foot catamaran. North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 300'alliaGef i""+vK 252.264.3901 Gregg Bodnar, Assistant Major Permits Coordinator Minor Modification to Major Permit #100-16 September 13, 2022 Page 2 The Minor Modification request is pursuant to the provisions of reference (a) and the request meets the requirements contained in 15A NCAC 07H .0208 USE STANDARDS. The required fee of $100, paid by check #7281, was received by the Elizabeth City District Office on 08/29/2022. Copies of the riparian notification letters, green and white certified receipts, and USPS tracking is attached. It is recommended that the Minor Modification request be granted, provided all the Permit Conditions of the original permit issued on, remain in effect. RR/yc Attachments: Copy of Minor Modification Request, including work plan drawings Cc: Applicant - NC Wanchese Marine Industrial Park. Brian Rubino, Quible & Associates Robert Tankard, DWR-401 James Harrison, DMF Maria Dunn, NCWRC Quible Quible & Associates, P.C. ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING SINCE 1959 August 24, 2022 Yvonne Carver Division of Coastal Management 401 South Griffin St., Suite 300 Elizabeth City, NC 27909 RE: Lot 12 A- NC Wanchese Marine Industrial Park Boat Ramp Area Minor Dredging Modification to CAMA Major 100-16 Mrs. Carver: s AUG 2 9 2022 ��- P.O. Drawer 870 Kitty Hawk, NC 27949 Phone: 252-491-8147 Fax: 252-491-8146 web: quible.com The purpose of this CAMA Minor Modification request is to be able to excavate an additional 6 inches (0.5 ft) of material from the cross -hatched area (50 ft x 90 ft) on the accompanying exhibit. The need is to be able to have 6 ft of water depth in the immediate vicinity of the ramp for the launching of a 110 ft catamaran that has been being built in Wanchese for the past several years. The boat builder along with the NC Department of Commerce has been carefully planning the launch of this vessel that has been delayed due to COVID-related issues. While the vessel only draws 5 ft of water while afloat, this 50 ft x 90 ft launch space needs 6 ft of water since this will be launched at a ramp. Launching at the slope of the existing ramp will push the stern of the boat down before it lifts off the trailer. In addition to this modification, we would also like to note that the existing Permit is issued to "N.C. Seafood Industrial Park Authority". The name of the facility has since been changed to "N.C. Wanchese Marine Industrial Park". Therefore, we would also like to update the name on the permit. It is still owned by North Carolina and managed by the Dept. of Commerce. Enclosed is the following: • Copy of CAMA Major 100-16 (last modification) • Modification Plan • Copy of the $100 Permit Processing Fee • Notification Letters to Adjacent Riparian Owners and Certified Mail Sent Receipts If you have any questions or if you need any additional information, please contact me at 252.491.8147 or at brubino@quible.com. I will provide the certified mail green cards when we receive them as well as any statements from the adjacent riparian owners. Sincerely, go, Quiblessociates, P.C. Brian Rubino Received From. Permit No.: NC Division of Coastal Management Cashier's Official Receipt S Applicant's Name: c, p...(kfr- 00,Ackiksiz M�r•,,� t�nd.�sficti«( Project Address. f '3 b o�� ( (L-0 - /2A -) IDS 2229:O; c D Date: /'27 20 Z2� $ Check No • 7287 County CD .1 f..i an. S -� Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: ¢ Signature of Field Representative: Date - Date. Permit Class MODIFICATION/MAJOR 49999944-0444J9d-044-0 Permit Number 100-16 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission crmtt AUG 1 6 2022 for DCM—E( 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 N.C. Seafood Industrial Park Authority — Wanchese, PO Box 549, Wanchese, NC 27981 Authorizing development in Dare County adj to boat ramp within Wanchese Harbor, near Lot 12A 708 Harbor Rd., in Wanchese , as requested in the permittee's application dated 8/31/21, including attached workplan drawing (2), Sheets 1-2 of 2 both dtd 8/30/21. This permit, issued on November 16.2021 , 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. Excavation 1) A turbidity curtain shall be left between the area to be excavated and the existing waterbody, the silt screen shall be left in place after completion of excavation until the project areas has returned to ambient conditions. 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) Excavation shall not exceed -5.5 below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for additional conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. 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, 2024 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 DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee N.C. Seafood Industrial Park — Wanchese Permit No. 100-16 Page 2 of 3 ADDITIONAL CONDITIONS The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. Dredge Material Disnosal No dredge material shall be placed within 30 feet of the normal water line. All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the site is graded and stabilized. The dredge material disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Maintenance Clause The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for dredge material disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the dredge material disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. USACE Conditions 10) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines2017.pdf. General 11) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. JOiKKKKi{K{{{.p{{KKK :4 > :::. {{{K N.C. Seafood Industrial Park — Wanchese Permit No. 100-16 Page 3 of 3 ADDITIONAL CONDITIONS 13) All debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and removed to an appropriate upland location. 14) This Major Modification shall be attached to Permit No. 100-16, which was issued to the permittee on 11/22/16, as well as all subsequent modifications, refinements, and renewals, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 15) All conditions and stipulations of the active permit remain in force. under this Major Modification, unless specifically altered herein. 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: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW- 2016-00821. NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2016-0352 v2. NOTE: An application processing fee of $250 was received by DCM for this project. K^WOO-04P'A+A40dJi :Npv}h+g4J0>9Yr?}4KK �d- 0 iPL lLi)li1•IiW tV "ark ro See Community Info Cti E N a. o af Parcel #: 024855000 PIN #:070705193586 Tax District: Wanchese Subdivision: Subdivision - None Property Use: Temp Code - In Process Building Type: Office Bldg L/r 1-4s Year Built: 1980 Mailing Address: Po Box 549 Wanchese, NC 27981 O `ec\ APPROVED DARE COUNTY • LAND TRANSF TAX I R Prepared by (inda H. McCown, Malarney & McCown, PLLC, PO Box 729, 708 US N Hwy 64, Manteo, NC 27954 Return to: Ho r al, Riley, Ellis & Maland, LLP, 2502 S Croatan Hwy, Nags Head, NC 27959 Recorded: 07/30/2021 03:13:43 PM BY: CLAUDIA HARRINGTON Cheryl L. House, Register of Deeds Dare County, NC Fee Amt: $26.00 NC Excise Tax: $455.00 Land Transfer Fee: $2,272.19 BOOK 2531 PAGE 50 (3) 700103328 III I A i i 111 This instrument wepared by Linda H. McCown, a licensed North Carolina attorney. Delinquent taxes, if any, are to be paid by the clo ilLK attorney to the County Tax Collector upon disbursement of proceeds. LAND TRANSFER TAX NO: LAND TRANSFER TAX: $2,272.19 NORTH CAROLINA, C Excise Tax: $455.00 TY OF DARE A PORTION OF PARCEL # 013331000 Brief Description for In".:),Parcels on 390 Harbor Rd, Wanchese, NC NORTH CARO.N iNA GENERAL WARRANTY DEED THIS DEED made this the 29 Willie E. Daniels, Jr. and wife, Candac NC 27981, and North Carolina Marine Wanchese, NC 27981; day of July , 2021, by and between nieis, Grantor, of 3652 Mill Landing Rd, Wanchese, stria! Park Authority, Grantee, of PO Box 549, The designation Grantor and Grantee as successors, and assigns, and shall include singular, by context. d herein shall include said parties, their heirs, ral, masculine, feminine or neuter as required WITNESSET4: That the Grantor, for a valuable consideration paid 15 the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grarebargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situatirl the Village of Wanchese, Nags Head Township, Dare County, North Carolina and more particuy described as follows: O (), See Exhibit A attached hereto and made a part hereof O The property hereinabove described was acquired by Grantor by instrument recorded in Book `,,c.\ 575 at Page 321, Dare County Registry. All or a portion of the property herein conveyed does not include the primary residence of the antor. \2TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurten ces thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, at Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, t title is marketable and free and clear of all encumbrances, and that the Grantor will warrant an (elgfend the title against the lawful claims of all persons whomsoever except for the exceptions h nafter stated. Title to tlMcroperty herein above described is subject to the following exceptions: Easements and restrictions of record. IN WITNESS EREOF, the Grantors have hereunto set their hands and seals, the day and year first above written() (Seal) Willie E. Daniels Q) �l/Q� (Seal) Candace Daniels 0 0Y STATE OF NORTH CAROLINA COUNTY OF DARE I v I, 11 _ ~ ((Wm Notary PCblic of , - County, North Carolina, do hereby certify that Willie E. Daniels, Jr. and wife, Candace Daniels, personally appeared before me this day and acknowledged the execution of the foregoing instrum nt. Witness my hand and official seal or,,s>a his 1 day of , 2021. (Seal -Stamp) Linda 11. McCown NOT MIN PUBLIC Dare County North Carolina tary Public My commission e p'fps: C- —6? `-f -,; 0,QC..[ 0 O `A\ PARCEL 1: EXHIBIT A ` KII that parcel of land Tying in Nags Head Township, Dare County, North Carolina, said parcel lg a portion of lands now or formerly of Willie E. Daniels, Jr. and being more particularly arg as follows: BEGNING at a concrete monument, said POINT OF BEGINNING located on the southern right-ofw y for Harbor Road (S.R. 1140) and also being a corner between lands now or former! Willie E. Daniels, Jr. and lands now or formerly of the North Carolina Marine Industrial rk Authority; thence leaving said right-of-way and running South 43°26'44" East a distance o 6.65' to a concrete monument; thence running South 43°32'29" East a distance of 71.23'to a c Iated point; thence cornering and running South 47°15'31" West a distance of 30.00' to a ca ated point; thence cornering and running North 43°32'29" West a distance of 70.83' to a calc ed point; thence running North 43°26'44" West a distance of 541.49' to a calculated point a southern right-of-way for Harbor Road; thence cornering and running along the souther right-of-way for Harbor Road North 55°40'47" East a distance of 30.38' to a concrete monument and said POINT OF BEGINNING. Said parcel containing 1 03 sq. ft., described as "PARCEL 1-AREA OF LAND TO BE PURCHASED BY STA F NORTH CAROLINA" and delineated on a plat entitled "Land Acquisition Survey for NC rine Industrial Park," dated June 30, 2021 by Coastal Engineering & Surveying, Inc., which pl ' recorded in Plat Cabinet J , Slides 213-214 , of the Dare County Public Registry, and h plat is incorporated herein by reference. PARCEL 2: All that parcel of land lying in Nags ad Township, Dare County, North Carolina, said parcel being a portion of lands now or formof Willie E. Daniels, Jr. and being more particularly described as follows: d BEGINNING at a calculated point, said PONT OF BEGINNING located on the northern right -of way for Harbor Road (S.R. 1140) and lyingT orth 44°23'02" West a distance of 61.09' from a concrete monument, and also being a corne etween lands now or formerly of Willie E. Daniels, Jr. and lands now or formerly of the h Carolina Marine Industrial Park Authority; thence running along said right-of-way South IFt0'47" West a distance of 30.39' to a calculated point; thence leaving said right-of-way',d running North 43°32'29" West a distance of 65.06' to a calculated point; thence cornering arerunning North 36°04'05" East a distance of 30.50' to a calculated point; thence cornering and running South 43°32'29" East a distance of 75.44' to a calculated point on the northern right-of-way for Harbor Road and said POINT OF BEGINNING. Said parcel containing 2,107 sq. ft., described as "PARCI2 2-AREA OF LAND TO BE PURCHASED BY STATE OF NORTH CAROLINA" and de&ated on a plat entitled "Land Acquisition Survey for NC Marine Industrial Park," dated Juno 2021 by Coastal Engineering & Surveying, Inc., which plat is recorded in Plat Cabinet J glides 213-214 , of the Dare County Public Registry, and which plat is incorporated herein bK�erence. p Parcels 1 and 2 being a portion of the property conveyed to Willie 1_aniels, Jr. by deed dated April 15, 1988 and recorded in Book 575, Page 321, Dare County Ristry. 0 Quible Quible & Associates, P.C. ENGINEERING • ENVIRONMENIALSCIENCES • PLANNING • SURVEYING SINCE I9S9 CERTIFIED MAIL: RETURN RECEIPT REQUESTED August 23, 2022 Tillet Girls, LLC 375 The Lane Wanchese, NC 27981 RE: CAMA Major Permit -Minor Modification Wanchese Marine Industrial Park- Lot 12A Boat Ramp Area Minor Dredging Sir/Madam: P.O. Drowar 870 1Gny Bowl,, NC 27949 Phone: 252-491-8147 Fox: 252 491 8146 w 9l.• quitYO. corn AUG 2 9 2022 DCI V i • L: au9 As adjacent riparian property owner to the above referenced project, it is required by NCDEQ, Division of Coastal Management (NCDCM) that you be notified of the proposed work that requires a Minor Modification to active CAMA Major Permit 100-16. As depicted on the accompanying site plan, the proposed work requiring a Minor Modification includes increasing a section of the minor dredging in the boat ramp area to -6.0 ft, along Broad Creek in the Seafood Park. Should you have no objections to this proposal, please check "I have no objection to this proposal' line, sign and date, on the included Adjacent Riparian Owner. The Waiver section is not applicable since no work is being proposed in close proximity to your property. Please return this statement to Brian Rubino, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949 as soon as you can. You can mail the original back to me or you can scan and email back to brubino@quible.com . I can also be reached at 252-491-8147. Should you have comments to this proposal, please send your written comments to the CAMA Field Representative, Ms. Yvonne Carver, 401 S. Griffin St. Suite 300, Elizabeth City, NC 27909. Written comments must be received within 30 days of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates, P.C. War — Brian Rubino ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to NC Wanchese Marine Industrial Park 's (Name of Property Owner) property located at Lot 12A, Harbor Road (Address, Lot, Block, Road, etc.) on Broad Creek (Roanoke Sound) , in _ Wanchese, Dare County , N.C. (Waterbody) (CitylTown and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill In description below or attach a site drawing) b. E C F. AUG 292022 WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) l do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) (Adjacent Property Owner Information) Si, na Lure Brian Rubino (Quible & Associates - Agent) Print or Type Name PO Box 870 Mailing Address Kitty Hawk, NC 27949 City/State/Zip 252-491-8147 / brubino@quible.com Telephone Number / email address C6�23,2rsZr_.. Dale Signature* Tillet Girls, LLC Print or Type Name 375 The Lane Mailing Address Wanchese, NC 27981 City/State/Zip Telephone Number / email address Dale'" (Revised Aug. 2014) "Valid for one calendar year after signature' Quible Quible & Associates, P.C. ENGINFFRING • ENVIRONMENTAL SCIENCES • PLANNING • SUI?vP,1NG SINCE 1959 CERTIFIED MAIL: RETURN RECEIPT REQUESTED August 23, 2022 Etheridge Family Properties, LLC PO Box 69 Wanchese, NC 27981 RE: CAMA Major Permit -Minor Modification Wanchese Marine Industrial Park- Lot 12A Boat Ramp Area Minor Dredging Sir/Madam: PO. Drawer 870 Kiny Ho+.k NC 27949 Phone ?52-491 8147 Fax .252-491 8146 web. quible cam AUG 2 9 2022 As adjacent riparian property owner to the above referenced project, it is required by NCDEQ, Division of Coastal Management (NCDCM) that you be notified of the proposed work that requires a Minor Modification to active CAMA Major Permit 100-16. As depicted on the accompanying site plan, the proposed work requiring a Minor Modification includes increasing a section of the minor dredging in the boat ramp area to -6.0 ft, along Broad Creek in the Seafood Park. Should you have no objections to this proposal, please check "I have no objection to this proposal" line, sign and date, on the included Adjacent Riparian Owner. The Waiver section is not applicable since no work is being proposed in close proximity to your property. Please return this statement to Brian Rubino, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949 as soon as you can. You can mail (he original back to me or you can scan and email back to brubino@quible.com . I can also be reached at 252-491-8147. Should you have comments to this proposal, please send your written comments to the CAMA Field Representative, Ms. Yvonne Carver, 401 S. Griffin St. Suite 300, Elizabeth City, NC 27909. Written comments must be received within 30 days of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates, P.C. Brian Rubino ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to NC Wanchese Marine Industrial Park 's (Name of Property Owner) property located at Lot 12A, Harbor Road (Address, Lot, Block, Road, etc.) on _ Broad Creek (Roanoke Sound) , in Wanchese, Dare County N.C. (Waterbody) (CitylTown and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) R ` +,a..4 R CI:: .+ Oyut V .v AUG 2 9 2022 D C M WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) (Adjacent Property Owner Information) Signature Brian Brian Rubino Quible & Associates - Agent) Print or Type Name PO Box 870 Mailing Address Kitty Hawk, NC 27949 City/State/Zip 252-491 -8147 I brubino@quible.com Telephone Number / email address 1 1- zz Dale Signature* Etheridge Family Properties LLC Print or Type Name PO Box 69 Mailing Address Wanchese, NC 27981 City/State/Zip Telephone Number / email address bate* (Revised Aug. 2014) 'Valid for one calendar year after signature* Mtps://tools.usps.com/go/TrackContirmAction?tRef=-fullpage&tLc= ... 2519 9996 7020 3160 U.S. Postal Service'' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our websile at tvww.usps.conr r i " 1t bortliled Mall Fee $ 41•(-A.) 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