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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. BANKS BOAT WORKS BEAUFORT CARTERET COUNTY, NC INVESTIGATIONAL SURVEY April 22nd, 2022 p - - - -r,r Banks Boat Work$$ fan J-1- t Z:\LOGOS\T I C0asta I-LOGO.j pg Ti Coastal Services, Inc. 387.B N. Green Meatlaws Drive Wilmington, NC 28405 910.821.1358 Graphic Scale It So' Int' 200- Bca e l c'] Q 1� z,-11 .a P . $.W N392600 -. 12,,50 )� j2 c r P. 1% 12x00 eee Y-s i 11*00 T BANKS BOAT WORKS r-- i 5'N391500 fsoo a";\i t1p as :1 �W a' N (Y i�t W s lil _ � 4� W 3 ,F Ahk BANKS BOAT WORKS N01P 1. Hrizontal Datum: NC State Plane - Zone 3200, NAD93(2011), Survey Feet 2.verticalcDatum: MLW, Feet Vertical Oafum 6EAUFORT 3. MILMLW conversion of 1.0' derived from NOAAYOatum for local area INC Inland Z:\LOGOS\TlCoaslal-LOGO.jpg ceaserslp" Waterway: and sounds). xAw.. CARTERET COUNTY NC Graphic Scale f 0. Data dingscollected ax TI aped in on April22ne, Feet a and represent conditions at that time. +ao ¢s , rpp, S. Soundings are expressed in depths and in ket and tenths. MLW INVESTIGATIONAL SURVEY Scnle® D.2020 Aerial downloaded from NC One Map on April 23rd, 2022. TI Coastal Services, Inc. JBT-E N. Green Meadows °rtve °WO NAME: Banks EoaF Worke.dwg WIImingfen,HG284°' Layout & Control 8f0.g2f.193g DWG GATE: Ap4 1251M1, 2022 SURVEY GATE: Apd112ntl, 3022 SCALE 1"= 100' SHEET: 2 OF rn cli Ld 13* Q1jb 13,00 Qso 01 Q; 12x00 O� cz; "Vy C9pb LrZ 41 czi .zi �N N 41) Cy Irt; Co N 40 r gm RECEWED Z:\L0G0SkTlCcxSsta1-L0G0.jpg V-ftnC.""w"an"'.L. d D'" NAVIM8 T1 Coastal Services, Inc. 387-B N. Green Meadows Drive WHIningtor, AD 28405 910.021.1358 07- Moog& "I N, Q) ro co ti nLi U CS ry o% CS (71i CIS fr� BANKS BOAT WORKS ,:S,scs Color Contour Scale ( C, asp u 00 o% 0") (15 CU CS C�; CS (U 'D W It CS to 0 10 ,U I - 0 to -4 A., co I kd C, CS Is "T C, f rij Q? 0. Lu ru 0, o)l ti Cl Irv, a 4' It aside A 12' BANKS BOAT WORKS BEAUFORT CARTERET COUNTY, NC INVESTIGATIONAL SURVEY Contours & Sathymetty 16, 20' 7414 I JAM 14-,-00 Notes:--1, PC State Plane -tone 32M, NA083(2011), Survey Feet Feet 3. MLW conversion of 1,9,�derIved from NOM VDaturn for local area (NC Inland a, .pn 4 Data collected b,Tl C.a,,A on April 22rd, 2022 and represent conditions at that time. 5: Sourdin,s are expressed in depths and in fietand tenths. 6. 2020 Aerial downloaded from NC One Map on April 23rd, 2022. SCALE, I'= 100' SHEET: 3 OF 4 X: 2694139 10b50 Lergt,. 1150 Afunut,, 100 X: 260271 Y'391585 Y: 391UI 0 100 200 300 400 500 SIC 700 800 45 -05 10 .5 40 0 3 5 p 10 15 10 20 15 20 220422 Survey DBL 200 RIF 1015D Dept, 20 Ft In X: 2694166 12,00 Lergt,. 1150 Azimuth: 100 X:2695297 Y: 391733 Y' 391528 0 100 200 300 400 SM 600 70D SM 15 10 45 3 40 0 3 5 p 0 5 5 0 20 15 gp 220422 Survey DBL 2M Ftln 12,00 DWM 20 Ft In Z:\LOGOS\TI Coastal-LOGO.jpg Ti Coastal Services, Inc. 387-B N. Breen Meadows OrNe Wllmington, NO 28405 910.82e.13M Cm,xenData. ien xavpes NAVMLW DEC 2 Q 2022 ',:J-�as:'iD CITY X: 26RI48 11100 Length: 1150 Azardh 100 X.2695280 Y: 3916M Y:391430 0 100 200 300 400 5M 6w 700 800 15 10 d5 3 d0 0 .5 5 p 10 5 15 10 20 1p 15 22042E Survey D131200M, IIHOD Dept, IDFtln X:2M175 12,50 Lelgih:1150 Azinuth. 100 X'2695306 Y: 391782 T 391578 0 100 200 300 400 S00 600 700 No 75 -10 15 -5 10 0 .5 5 0 10 5 15 10 20 1 1 15 p 2N422 SYNey DBL 200 Ft1n 72150 Dept, 20RIF X'. 26MI93 13,50 Lerg6:1150 Azimuth: 100 X'2695324 Y:391881 Y:391076 0 100 200 300 400 500 600 70D 8% JS .10 -15 .5 40 0 3 5 p 10 5 IS15 10 20 20 220422 Survey OR 200 RID 13150 Depth 20 Pon BANKS BOAT WORKS BEAUFORT CARTERET COUNTY, NC INVESTIGATIONAL SURVEY Cross Sections Stations 10+50 to 13+50 X:26MI57 11+50 Length'. 1150 AzenuN: 100 X: 2695299 Y' 391694 Y.391479 0 100 200 30D 400 50D 600 70D 800 45 m r .15 5 .10 0 �5 0 5 5 10 10 15 15 20 20 220422S,Ney O61.200FLIn 11-50 Dept, 20 RIP X: 28MI84 13,00 Length: 1150 Azini 100 X'2695315 Y: 321831 Y:391627 0 100 200 No 400 500 600 700 no 45 45 40 40 5 5 0 0 5 5 10 10 15 15 20 20 220422 Survey DBL 200 Ftln 13,00 Depth 20 Ft In Notes: Horizontal 1. Horizontal Datum: NC State Plane - Zane 3200, NAD83(2011), Survey Feet Graphic Scale 2. Vertical Datum: MLW, Feet 3. MLW conversion of 1.9'derived from NOAA VDatum for local area INC Inland so' so0 Waterways and Sounds). Soale® 1.Data collected by Tl Coastal on April 22nd, 2022 and represent conditions at that time. 5. Soundings are expressed in depths and In feel and tenths. Vertical Graphic Scale OWB NAME: Banks Boat Warks.dwB a' s, Bwo BATE: Apol zseh, 2022 SOHvcY Dare: Apm 22nd, 2022 Seale: V, 20- SCALE: AS SHOWN SHEET: 4 OF (A�Q ra'd"ef� '�'v y-✓ vp -k S�vTN N:2694876. WFJGH VICINITY MAP E:2694876.82 NOT TO SCALE MH CW&MHW ` ' �r ;'� • �' �JG� W SUN SURVEY NOTES: .� ... .. �� 1) 1-1-1-9 & 1-12-1-21 ARE BOTH NC COASTA Ofed eerea WETLANDS &MEAN HIGH WATER LINE _ 2) L10—L11 IS NC COASTAL WETLANDS ONLY 3) 1-22-1-34 IS MEAN HIGH WATER LINE ONL 2,415 s( .1 i55cv a •° << ut LINE LEGEND ■� CW&MHW u. COASTAL WETLANDS & HIGH LINE . , MEAN WATER .> ► ` MEAN HIGH WATER LINE .' > COASTAL WETLANDS GRAPHIC SCALE 0 60 120 18J 1 INCH = 60 FEET N:391457.79 E: 2694745.08 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 111111111/� RESPONSIBLE PERFORMEDTOMEETCTHELREQUIR REQUIREMENTS FOR A GIS SURVEY. THE COORDINATE �N q66 ..... 0 POINTS SHOWN HERON WERE FLAGGED BY NC DIVISION OF COASTAL MANAGEMENT `��20,P6*F0$/p•.l�i� REPRESENTIVE SUPERVISION ON OCTOBER 18, 2022 AND A GIS SURVEY 021 NCAC 56.16080 TO : 4 SEgL, y = THE ACCURACY OF A CLASS B.; WHEN APPLICABLE TO THE CLASS B STANDARD METHOD USED TO EVALUATE AND THE ACCURACY WAS RTK ADJUSTED METHOD OF MEASUREMENT WITH = L•1223 A CARLSON BRx7. DATE OF SURVEY WAS OCTOBER 18, 2022. THE DATUM USED FOR THE •:�q ' z COORDINATE VALUES WAS BASEQ,pN NAD8�3 (2011 ADJUSTED). '�i�R�F�SURVE j LANI�����\\\ BARDEN LASER, PLS L-122, �G 7 � • 22 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