HomeMy WebLinkAbout20060895 Ver 1_DCM Correspondence_20230120 (2)Sensation Weigh Properties, LLC
Permit 131-06 Modification Request
December 20, 2022
Background
Sensation Weigh Properties, LLC is the owner of commercial waterfront property located at 1501
Sensation Weigh at Jarrett Bay Industrial Park near Beaufort, Carteret County. The project site is
adjacent to the Atlantic Intracoastal Waterway and Core Creek. Banks Boatworks, LLC operates as a full
service boatyard and marine maintenance facility at the site. Mr. Gabriel Soriente is the managing
member of both LLCs.
Sensation Weigh Properties, LLC is requesting a minor modification to major CAMA permit 131-06 to
authorize relocation and reconfiguration of a currently permitted marine haul out and docking facility
and relocation of the permitted impervious highground access and apron associated with the travel lift.
The new, proposed design will reduce impacts to coastal wetlands, as well as reduce the currently
permitted dredging impacts.
Major CAMA permit #131-06 was originally issued on October 18, 2006 to then -owner James Flynt, Jr.
The originally permit authorized construction of a commercial marine haul out facility, nine -slip docking
system, shoreline stabilization (riprap), and excavation to -7 feet normal low water (NLW). Authorized
upland development included concrete wash down and approach pads, rinsate recycling system, gravel
drive leading to the boat storage area, building additions, and above ground gasoline storage tank
facility. Current attenuators along the side of the travel lift piers were included to slow down the
currents anticipated during tide changes. It was anticipated that the boat slips would provide a staging
area for boats being hauled or launched on the travel lift as well as provide for transient and overnight
dockage on a limited basis.
Since issuance in 2006, permit 131-06 has been the subject of several regulatory actions. These include
three transfers to new owners (including Sensation Weigh Properties, LLC), four minor modifications,
and two letters of refinement. The permit has been consistently renewed to keep the permit active. The
current permit will expire on December 31, 2024.
Previous permit modifications expanded the docking facility to 10 slips, relocated and reconfigured the
originally permitted travel lift and docking facility, and expanded dredging and highground development
at the site. A minor modification issued on March 5, 2009 authorized the reconfiguration and addition of
one boat slip to the previously authorized docking facility, for a total of 10 slips. Another minor
modification issued on May 14, 2013 to then -owner Moores Marine Boatyard & Boatworks, Inc.
Sensation Weigh Properties, LLC
CAMA Permit 131-06 Modification Request
December 20, 2022 RECEIVED Page 1
DEC 2 0 2022
DGM-IMHD CITY
authorized relocation and reconfiguration of a larger travel lift repositioned closer to the southern
property line, with the proposed ten -slip docking facility located immediately north of the travel lift in
an "F" shaped configuration. It also authorized an increase in dredging in the lift drop zone to -9' NLW,
A minor CAMA permit modification on November 13, 2019 authorized a parking area addition, following
issuance of a new low density State stormwater permit (SW8-190814) for the site. The most recent
minor modification to the CAMA permit on December 9, 2021 authorized the expansion of the high
ground development to include a proposed building and gravel driveway to access the travel lift. The
owners subsequently applied for and received a modification to the State stormwater permit to include
the changes authorized by the December 2021 CAMA modification.
CAMA permit modifications also include two letters of refinement. One letter permitted construction of
a sign within 10 feet of the normal high water level (February 8, 2013) and the second letter permitted
placement and grading of fill material on June 25, 2019.
Proposed Permit Modification
Several professionals have been involved in developing the proposed modification to the CAMA permit.
Stature Engineering of Carolina Beach, North Carolina designed the new (proposed) travel lift and
docking system layout and construction drawings, dated 11/22/2022. Earthworks of Murrell's Inlet,
South Carolina provided stormwater planning and permitting assistance and developed an overall site
plan with input from Stature Engineering (revised 11/7/2022). Lanier Surveying Company of
Jacksonville, North Carolina, in consultation with staff of the Division of Coastal Management, provided
an updated wetland survey on 10/20/22. Stature Engineering overlay the proposed reconfigured travel
lift and docking system and dredging area on the wetland survey.
The current proposal and project design reduces impacts from the currently permitted plan for the
travel lift, docking system, and dredging components (permitted by modification issued on May 14,
2013) in several ways. The owners propose to reconfigure and relocate the haul out facility and docking
system more consistent with the originally permitted design (new permit issued on October 18, 2006).
The current request relocates the haul out and docking system closer to the center of the site, resulting
in reduced shading impacts to coastal wetlands.
The total number of proposed formalized slips is also reduced from ten to four. The four proposed slips
are located on the floating platforms of the reconfigured docking system, as shown on the site plan
prepared by Earthworks (one slip on both sides of each floating platform, for a total of four slips). The
formalized slips will be used as staging areas, and for transient and overnight dockage.
The current proposal will also reduce dredging impacts from currently permitted levels. It will affect
approximately the same area of impacted sandy bottom and the same spoil/excavation volume as the
Sensation Weigh Properties, LLC
CAMA Permit 131-06 Modification Request
December 20, 2022 q iSL-{, 15'Cf�
Page 2
DEC 2 Q 2022
D(;iiil-il HD CITY
original (2006) permit. The original permit limited excavation to -7' NLW, calculated to limit loss of sandy
bottom habitat in Core Creek to approximately 2,516 square feet, resulting in 186 cubic yards of
excavated material. As noted earlier, the 2009 permit modification increased excavation permitted
excavation to -9' NLW.
The current proposal limits excavation to the haul out facility drop zone, with finished depths of -7'
NLW. Stature Engineering has calculated that the current proposal will affect 2,475 square feet of sandy
bottom of Core Creek and result in 186 cubic yards of excavated sand and mud. This is reflected on the
wetland survey submitted with this proposal and returns the excavation impacts to the level permitted
in the original permit. No excavation is proposed in wetlands. Water depths shown on the wetland
survey and Stature Engineering construction plans are finished depths after proposed excavation. The
dredging spoils disposal site will be determined by the dredging contractor at a future date and
submitted to the Division of Coastal Management for approval prior to beginning dredging.
The proposed upland changes will not add any built upon area (BUA) to the project site. The proposed
upland changes are limited to relocation of the travel lift access and concrete apron as shown on the
Earthworks site plan. All other upland development remains as previously permitted. A stormwater
permit modification request reflecting the proposed upland changes was submitted to the NC Division of
Energy, Mineral, and Land Resources on 11/17/2022 by Earthworks.
Please refer to plans prepared by Stature engineering (11/22/2022) for design, details, and components
for the proposed haul out and docking system and dredging plan. These include travel lift piers, piers
adjacent to the travel lift piers, floating platforms containing four formalized slips, gangways, associated
mooring pilings, riprap, and attenuators. Details for proposed upland work is provided on Earthworks
stormwater/site plan dated revised 11/7/2022.
Note that Core Creek is approximately 560' wide at the project site.
Summary
Sensation Weigh Properties, LLC proposes to modify existing major CAMA permit 131-06 to reflect the
relocation and reconfiguration of a permitted commercial marine haul out facility and docking system
and associated dredging. The proposal includes the associated upland plan as shown on the enclosed
stormwater/site plan prepared by Earthworks. All components of the requested modification (both in -
water and upland) were previously permitted but are now being relocated. The currently proposed
changes will reduce impacts to resources at the site. A CAMA permit modification is needed to build the
proposed changes.
Sensation Weigh Properties, LLC
CAMA Permit 131-06 Modification Request
December 20, 2022 RE'4";F.IVEFID Page 3
DDiV-MHD CITY
401 Pre -Filing Meeting Request
A 401 pre -filing meeting request for this project was submitted on August 17, 2022 to fulfill the pre -filing
meeting requirement put in place on Thursday, April 7, 2022 when the Environmental Protection
Agency's 'Clean Water Act Section 401 Certification Rule' ('Federal Rule') was reinstated to its previous
version which originally became effective on September 11, 2022. In accordance with 40 C.F.R. Section
121.4(a). At least 30 days prior to submitting a certification request, the project proponent shall request
a pre -filing meeting with the certifying agency'. In accordance with 40 C.F. R section 121.5(b)(7), and
(c)(5) all certification requests shall include documentation that a pre -filing meeting request was
submitted to the certifying authority at least 30 days prior to submitting the certification request.
A copy of the pre -filing request is attached to this narrative.
The project proponent hereby certifies that all information contained herein is true, accurate, and
complete to the best of my knowledge and belief.
The project proponent hereby requests that the certifying authority review and take action on this CWA
401 certification request within the applicable reasonable period of time.
Sensation Weigh Properties, LLC
CAMA Permit 131-06 Modification Request
December 20, 2022
Page 4
9 e . _'.
O'cm-hl flo cAn"
Kathy Vinson
From:
Kathy Vinson <kbvinson@ec.rr.com>
Sent:
Wednesday, August 17, 2022 3:21 PM
To:
'401 prefile@ncdenr.gov'
Cc:
'Perry, John M'
Subject:
401 pre -filing meeting request for Banks Boatworks (owner Sensation Weigh Properties,
LLC), 1501 Sensation Weigh, Beaufort, NC
Project Name: Banks Boatworks Travel Lift Pier
County: Carteret
Applicant Name: Sensation Weigh Properties, LLC
Applicant Email: gabe@banksboatworks.com
Consultant: Kathy B. Vinson, AICP, Coastal Planning Services, Inc., kbvinson@ec.rr.com
This email is to fulfill the pre -filing meeting request requirement put in place on Thursday April 7, 2022 when the
Environmental Protection Agency's 'Clean Water Act Section 401 Certification Rule' ('Federal Rule') was reinstated to its
previous version which originally became effective on September 11, 2022. In accordance with 40 C.F.R. Section 121.4(a)
'At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with
the certifying agency'. In accordance with 40 C.F. R section 121.5(b)(7), and (c)(5) all certification requests shall include
documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to
submitting the certification request.
Kathy B. Vinson, AICP
Coastal Planning Services, Inc.
P.O. Box 827
Morehead City, NC 28557
(252) 240-9297
kbvinson@ec.rr.com
RECEIVED
DEC 2 0 2022
[ UVI-MHD CITY
Permit Class
MODIFICATION/11IINOR
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
VerMt'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 Sensation Weigh Properties LLC., 1501 Sensation Weigh Beaufort, NC 28516
Permit Number
131-06
Authorizing development in Carteret County at adi. to the AIWW. Core Creek. at 1501
Sensation Weigh, in Beaufort as requested in the permittee's letter dated 10/20/21,
including the attached workplan drawing (1) C-I dated 6/15/21.
This permit, issued on December 9, 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
)e suolect to Imes, imprisonment or civu action; or may cause me permit to oe nun arm vote.
1) Unless specifically altered herein, this Minor Modification authorizes the expansion of the high
ground development to include the building and gravel drive, all as expressly and specifically set
forth in the attached letter and workplan drawings. Any additional development activities may
require a modification of this permit.
(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.
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
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
r�/� Braxton C. Davis, 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
Sensation Weigh Properties LLC.
ADDITIONAL CONDITIONS
Permit No. 131-06
Page 2 of 2
Stormwater Management
2) The Division of Energy, Mineral and Land Resources (DEMLR) has determined this project will require
a Stormwater Management permit modification. The permittee shall receive a Stormwater Management
permit modification from DEMLR prior to the initiation of any construction. Submit this plan to the
Division of Energy, Mineral and Land Resources, Land Quality Section, 127 Cardinal Drive Extension,
Wilmington, NC 28405. Any violation of the permit approved by DEMLR shall be considered a
violation of this CAMA permit.
General
3) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
4) This Minor Modification shall be attached to the original Permit No. 131-06, which was transferred to
the permittee on 3/4/20, as well as all subsequent modifications, refinements, and renewals, and copies
of all documents must be readily available on site when Division personnel inspect the project for
compliance.
5) All conditions and stipulations of the active permit remain in force 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 project Acfion ID SAW-2006-32427-016.
NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 06-0895.
NOTE: A minor modification application processing fee of $250 was received by DCM for this project.
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CARTERET COUNTY, NC
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I, BARDEN LANIER, CERTIFY THAT THIS PROJECT WAS COMPLETED UNDER MY DIRECT AND \
SURVEY SURVEY MADE UNDER MY SUPERVISION; THAT THIS Yk C A il
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USED TO EVALUATE AND THE ACCURACY WAS RTK ADJUSTED METHOD OF MEASUREMENT WITH = L•1223
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COASTAL WETLANDS & MEAN
HIGH WATER LINE MAP 112
OWNER: SENSATION WEIGH PROPERTIES LLC
FOR: BANKS BOATWORKS
1501 SENSATION WEIGH
BEAUFORT, NC
BEAUFORT TOWNSHIP
239 NEW BVIDGE STREET
JACKSONVILE, NC 28540
(910) 455-3889
FIRM REGISTRATION: P-0124
CARTERET COUNTY
DATE:10-20-2022
SCALE: 1" = 60'
JOB #220646
DRAFTER:AFV
FILE: 220646 1501
SENSATION WEIGH (BL).DWG