HomeMy WebLinkAbout20060895 Ver 1_DCM Permit_20230419Permit Class
MODIFICATION/MINOR
Permit Number
131-06
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Sensation Weigh Properties LLC.,1501 Sensation Weigh, Beaufort, NC 28516
Authorizing development in Carteret County at adj. to the AIWW & Core Creek, at 1501 Sensation
Weigh, in Beaufort, as requested in the permittee's letter dated 12/20/22 & email dtd 3/14/23, incl att workplan
drawings (8), Sheets 50.0, 0.1, 0.2, 1.0, 1.1, 1.2 and 1.3 all dtd 11/22/22 and Sheet C1 dtd "Rev 11/7/22".
This permit, issued on April 18, 2023 , 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 Relocation
1) No excavation shall take place outside of the area indicated on the workplan drawings.
2) Excavation shall not exceed -7 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
3) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
4) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or
surrounding waters outside of the alignment of the fill area indicated on the workplan drawing(s).
(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
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.
4. � 1//d W�
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Sensation Weigh Properties LLC.
ADDITIONAL CONDITIONS
Permit No. 131-06
Page 2 of 3
5) 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 Disposal
6) No dredge material shall be placed within 30 feet of the normal high-water line.
7) 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.
8) 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
9) 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.
Travel Lift and Docking Facility Relocation
10) This permit authorizes only the relocation of the previously authorized travel lift and docking facility,
and uses located in or over the water that are expressly and specifically set forth in the permit
application. No other structure, whether floating or stationary, shall become a permanent part of this
travel lift and docking facility without permit modification. No non -water dependent uses of structures
shall be conducted on, in or over Public Trust waters without permit modification.
11) This permit authorizes a reduction from the previously authorized ten (10) formalized boat slips to a
maximum of four (4) formalized boat slips at this docking facility.
USACE Conditions
12) 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/ManateeGuidelines20l7.pdf.
Sensation Weigh Properties LLC.
ADDITIONAL CONDITIONS
Upland Development
Permit No. 131-06
Page 3 of 3
13) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including the building size increase,
relocation of the travel lift access and apron, and other associated infrastructure, all as expressly and
specifically set forth in the attached permit application and workplan drawings.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan may be required for this project if upland
disturbance is greater than 1 acre. If required, the plan must be filed at least thirty (30) days
prior to the beginning of any land disturbing activity. Contact the Division of Energy, Mineral
and Land Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC
28405 for this determination.
Stormwater Management
NOTE: The Division Energy, Mineral and Land Resources (DEMLR) approval of this project under
stormwater management rules of the Environmental Management Commission is covered by
way of Stormwater Permit No. SW190814, issued 2/20/23.
General
14) 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.
15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
16) 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.
17) 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 Action ID SAW-2006-32427.
NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2006-0895.
NOTE: A minor modification application processing fee of $100 was received by DCM for this project.