HomeMy WebLinkAbout12-20 Yusko, Markf
Permit Number
Permit Class 12-20
NEW
STATE OF NORTH CAROLINA
y Department of Environmental Quality
CQQ and
Coastal Resources Commission
DECEIVED Vernt
for
0 h 2020 X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
6)GNA-MHD CITY
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Mark Yusko2 2121 North Lakeshore Dr. Chapel Hill NC 27514
Authorizing development in Pender County at adi to Banks Channel and Topsail Sound at 116 Bridgers
Ave. in Topsail Beach , as requested in the permittee's application dated 3/9/19 including attached workplan
drawings 3 Sheet 1 of 3 dated 3/15/19 Sheet 2 of 3 dated 6/18/19 and Sheet 3 of 3 dated 6/17/19.
This permit, issued on January 24, 2020 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
. •, . tu. P ;t to i1 . null and void.
If these terms may be subject to Imes, uupilsVruucuL v...•............-•, ..- ----,
Excavation
1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted
between April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with appropriate resource agencies.
2) No excavation shall take place outside of the area indicated on the workplan drawings.
3) Excavation shall not exceed -6 feet below the mean low 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 me permmee or ouim
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, 2023
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
_.i _u.G- c-,..me.., of TWO and the Chair
of the Coastal Resources Commission.
,9/--Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
�4
(ZV_'
Signature of
Mark Yusko Permit No. 12-20
Page 2 of 3
ADDITIONAL CONDITIONS
4) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
5) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding
waters outside of the alignment of the fill area indicated on the workplan drawings.
6) This permit was issued based upon at determination that while the area to be excavated is immediately
adjacent to areas containing actively growing submerged aquatic vegetation (SAV) beds, the area of
proposed excavation would not directly impact actively growing SAV beds. During all authorized
excavation events, the permittee shall implement all available precautions to ensure that damage to SAV
beds does not occur. Should dredging of these areas be proposed in the future, the permittee is further
advised that the Rules of the Coastal Resources Commission prohibit new dredging within SAV beds.
Snoil Disposal
7) No spoil material shall be placed within 30 feet of the mean high water line.
8) All excavated materials shall be confined above mean 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.
9) The spoil 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
10) 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 spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil 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
11) In order to further protect the endangered West Indian Manatee, TKchechus 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 http://www.fws.gov/nc-es/mammal/manatee guidelineUdf.
Mark Yusko
ADDITIONAL CONDITIONS
General
Permit No. 12-20
Page 2 of 3
12) 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.
13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
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 authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2019-02120) issued 1/22/20.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4175 and assigned the project DWR Project No. 2019-1234 issued 1/22/20.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (910) 796-7215 prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the mean high water level.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.
Bodnar, Gregg
From: Bodnar, Gregg
Sent: Wednesday, January 29, 2020 11:23 AM
To: Linda Vescovi; Dail, Jason; Pietila, Tanya K; Coats, Heather
Cc: Mark Walton; Stacey Yusko
Subject: RE: [External] FW: Major CAMA Permit Review 116 Bridgers Avenue, Topsail Beach
Thanks Linda for the additional information
One of the notes on every CAMA permit (11 note on final page) identifies that the CAMA permit does not eliminate the
need for any additional approvals, to include local permits (in this case the Floodplain Development Permit). In addition,
under the Spoil Disposal section of the permit, the disposal site must be approved by DCM prior to initiation of
operations. I have been in contact with the agent (CC'd here) and Mr. Walton advised me that he will be in touch with
you shortly to begin the Town's permit process. So the Topsail Beach Floodplain Development Permit must be in hand
when Jason approves the disposal site. If the Development Permit is denied, please provide notification of the denial to
Jason and it will become a record in the permit file and Mr. Yusko will then need to find an alternate approved site. This
will require a minor modification since the spoil site was identified in the permit application. If the new site is in the
Town's jurisdiction then I suggest the new site get the Floodplain Development Permit before the minor modification is
requested.
So in summary, Mr. Yusko will need to obtain the Floodplain Development Permit before they contact Jason to verify the
spoil site. Therefore the permit that was authorized on 1/24/20 is active and will require that permit from the town
before dredging operations can begin.
I hope this helps and thanks everyone for the additional coordination,
Gregg
From: Linda Vescovi <Ivescovi@topsailbeach.org>
Sent: Wednesday, January 29, 2020 8:32 AM
To: Dail, Jason <jason.dail@ncdenr.gov>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Pietila, Tanya K
<tanya.pietila@ncdenr.gov>; Coats, Heather <heather.coats@ncdenr.gov>
Subject: [External] FW: Major CAMA Permit Review 116 Bridgers Avenue, Topsail Beach
Please see below for the response that was sent by my office on October 4, 2019. Let me know if you have further
questions.
Thanks,
Linda
Please Note the New Email Address: lvescovi(a)1opsailbeach.orQ
Linda Vescovi
Town Planner
Town of Topsail Beach
820 S. Anderson Boulevard
Topsail Beach, NC 28445
Tele: 910 328-5841
Fax: 910 328-1650
"May you always have a shell in your pocket and sand between your toes"
From: Linda Vescovi
Sent: Friday, October 4, 2019 5:10 PM
To: Dail, Jason <iason.dail ncdenr.gov>; Spears, Courtney <courtnev.soears@ncdenr.gov>
Cc: Michael Rose <townmanager@toosailbeach.org>
Subject: Major LAMA Permit Review 116 Bridgers Avenue, Topsail Beach
Ms. Spears,
Please find attached the Town of Topsail Beach response form reviewing the Major LAMA Permit for 116 Bridgers
Avenue.
Thanks,
Linda
Linda Vescovi
Town Planner
Town of Topsail Beach
820 S. Anderson Boulevard
Topsail Beach, NC 28445
Tele: 910 328-5841
Fax:. 910 328-1650
2
Processing Notes
0 Day Comment Period: -+' I
(� 75 day deadline: k\�il(C0�
on hold:
off hold:
150 day deadline:
�13L �F1- � ia( �j�r �x�nlci �c000 rNew,
\),AP 4
�,4t, 4 c �
(ram
l�l(�lS �e�ju�sk�
945 ur-1-
rt\/Jt%,2 -171-1/ 31�
,
of(304i GPP�°
Issued:
TOWN OF TOPSAIL BEACH
FLOODPLAIN PERMIT PERMIT
820 S ANDERSON BLVD TOPSAIL BEACH, NC 28445
Phone:(910)328-5841 FAX:(910)328-1560
DATE ISSUED: 02/21/2020
DISTRICT
LOCATION: 1520 CAROLINA BLVD
1520 CAROLINA BLVD LOT
OWNER: BRENTELLMERS
CONTRACTOR:
MARK WALTON
�640
PERMIT #: 2020-112998
TAX MAP PARCEL#
42028278760000
ZONING DISTRICT
TOTAL VALUATION
$0
TOTAL SQ FT
0.00
HEATEDIUNHEATED
0.00 0.00
TYPE CONSTRUCTION: LAND DISTURBANCE OCCUPANCY GROUP: OTHER
FEE CODE FEE
OTHER TYPE PERMITS/OTHERS - FLOODPLAIN 30.00
TOTAL PAID: 30.00 **PAID IN FULL** TOTALAMOUNT: 30.00
REMARKS: ADD FILL MATERIAL
NOTE: FILL MATERIAL MAY NOT CREATE STORMWATER RUNOFF TO AD]ACENTS AREAS.
FINAL INSPECTION REQUIRED.
I hereby certify that all information above is true and correct. That all work under this permit shall comply to all Town
ordinances, State and Federal laws pertaining thereto, whether specified or not, and in accordance with any plans
submitted or required to be submitted regulating building codes and building construction in the Town of Topsail Beach,
NC. I further agree to remove all construction debris from the site when completed. And that I am the owner or
authorized by the owner to do the work described in this permit.
Permit shall be void if construction authorized by permit shall not have been commenced within six (6) months after the
date of issuance thereof, or if after commencement of construction, the work shall be discontinued for a period of
twelve (12) months, work shall not be resumed until permit has been renewed
All final inspections are mandatory before occupancy. All work shall be performed by a licensed contractor in this
state. It is unlawful and illegal to occupy any building before final inspection and a certification of occupany has been
issued. All fees are non-refundable after 60 days.
a5.
OF CONTRACTOR/OWNER)
M
DCM Coordinator: FDb,(tA2 Permit #: �Z�y
Permittee:
Agents:
DCM Field Offices
MAILING DISTRIBUTION SHEET
osko ZIZI
I
Elizabeth City
Washington , (with revised work plan drawings)
Morehead City
Wilmington JOSo✓r (OBJECTIONS )
US ACOE Offices:
Washington:
Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Jordan Jessup (TBD)
Greg Curry (TBD)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover; Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Renee Gledhill -Earley at Environmental.Review@ncder.gov
Heidi Cox (WIRO)
Curt Weychert
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Clif Whitfield (WARD)
Washington: Anthony Scarbraugh-401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, I lyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington:
Wildlife Resources:
Robb Mairs — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover)
Christine Hall - Stormwater
Joanne Stecnhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Maria Dunn (WARD)
Natural Heritage Program Rodney Butler
LPO: LiA44% �mcnv, (� lo�xu, ( 1V
(NCDOT) Travis Wilson
DCM MP-1
APPLICATION for
Major Development Permit
(last revised 12/27106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
Yusko Pier Dredging
Applicant 1: First Name
Mark
MI
W
Last Name
Yusko
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
2121 North Lakeshore Dr
PO Box
City
Chapel Hill
State
NC
ZIP
27514
Country
USA
Phone No.
919 - 423 -1812 aid.
FAX No.
- -
Street Address (ddiNerentfmmabove)
City
State
ZIP
Email
smyusko@gmail.com
2. Agent/Contractor Information
Business Name
Walton Engineering
Agent/ Contractor 1: First Name
MI
Last Name
Raymond
Mark
Walton
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
PO Box 895
PO Box 895
Burgaw
NC
ZIP
Phone No.1
Phone No. 2
28425
910.470-4801
ext.
910-259-4800
ext. RECEI
FAX No.
Contractor #
P2
Street Address (d different from above)
City
State
ZIP
109 E Fremont Street
Burgaw
NC
28425 DCM-M H
Email
RECEIVED
mark@waltonengineering.net
<Form continues on back>
AUG 2 8 2019
/ED
2019
) CITY
DCM WILMINGTON, NC
252-808-2808 :: 1-668-4RCOAST :: www.nccoastaimanagement.net
Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Pander County
116 Bridgers Avenue
Subdivision Name
City
State
Zip
Stanwick Shores
Town of Topsail Beach
NC
28445 -
Phone No.
Lot No.(s) (if many, attach additional page wifh list)
- - ext.
I I I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
White Oakl
Banks Channel
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑Unknown
Atlantic Ocean
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes []No
work falls within.
Town of Topsail Beach
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
86'
17859.6
c.
Size of individual Ict(s)
d. Approximate elevation of tract above NHW (normal high water] or
NWL (normal water leveo
(if many lot sizes, please attach additional page with a list)
4' ®NHW or ❑NWL
e.
vegetation on tract
Native Shrubs and grass lawn
f.
Man-made features and uses now on tract
Pier w one boat lift and Bulkhead
g.
Identify and describe the existing land uses adjacent to the proposed project site.
Lot with pier
h.
How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
R-2
(Attach zoning compliance certificate, ff applicable)
®Yes ❑No ❑NA
REG
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA S E P
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does ft involve a ❑Yes ®No ❑NA
National Register listed or eligible property?
<Form continues on next page>
DVED
! 4 2019
HD CITI
RECEIVED
AUG 2 S 201y
DCM TON, NC
252.808-2808 :: 1.888-4RCOAST :: www. nccoasta lmanagement. net
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes []NO
(ii) Are there coastal wetlands on the site? ®Yes []No
(III) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes []No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
N/A
o. Describe existing drinking water supply source.
N/A
p. Describe existing storm water management or treatment systems.
N/A
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use?
❑Commercial ❑Public/Govemment
®Private/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
The area under the boat lift and the surrounding area will be excavated so that the
depth of water will be -6.0' nlw. The
purpose is to allow use of boat at low tide.
c.
Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Barge mounted shovel will be used to dig out to disered Vat MLT depth. Sides will be 45°.
d.
List all development activities you propose.
Dredge 126.84 c.y.
e.
Are the proposed activities maintenance of an existing project, new work, or both?
new work
f. What is the approximate total disturbed land area resulting from the proposed project?
3,944 +/- OSq.Ft or ❑Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area
❑Yes ®No ❑NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
REC
i.
Will wastewater or stormwater be discharged into a wetland?
❑Yea ®No ❑NA SEF
If yes, will this discharged water be of the same salinity as the receiving water?
❑Yes []No ❑NA DCM-M
j.
Is there any mitigation proposed?
❑Yes ®No ❑NA RECEIVED
If yes, attach a mitigation proposal.
<Form continues on back> AUG 2 8 2019
419X•7
4 2019
AD CITti
DCM WILMINGTON, NC
252.808-2808 :: 1-868-4RCOAST :: www.nccoastaimanagement.net
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, it applicable, must be submitted in order for the application
package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application
Instruction booklet on how to propedy prepare the required items below.
a. A project narrative. SCL (AJe.t ka*ttr
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Stanwick Shores HOA INC Phone No.
Address PO BOX 3002 Surf City, NC 28445
Name Nicholas C Palczuk Jr Phone No.
Address 318 Twin Pond Dr West Chester, PA 19382
Name Vicki M Lanier Phone No.
Address PO BOX 447 Elizabethtown, NC 28337
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permitiee, and issuing dates.
h. Signed consultant or agent authorization forth, if applicable.
I. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
It. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
1 certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 3 • q • 19 Print Name N A046", I.U. y%810- RECEIVED
Signature y_J I9.W AJA,6AJ n SEP 2 4 2019
Please indicate application attachments pertaining to your proposed proje DCM-M H D CITY
®DCM MP-2 Excavation and Fill Information El DCM M -5 Bridges and Culverts RECEIVED
❑DCM MP-3 Upland Development
❑DCM MP-4 Structures Information
AUG 2 8 2019
DCM WILMINGTON, NC
252.808-2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net
Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
NWL)
stabilization
Length
40'
44.5' south
Width
side and 46.1'
north
Avg. Existing
2' to 3' mlw
NA
NA
Depth
Final Project
$ mhv
NA
NA
Depth
1. EXCAVATION ❑This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards. sand
126.84
c. (i) Does the area to be excavated include coastal wetlands/marsh d.
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ®None
(ii) Describe the purpose of the excavation in these areas:
Dredging beneath the boat lifts on the pier so boats can access
at low tide.
High -ground excavation in cubic yards.
12. DISPOSAL OF EXCAVATED MATERIAL El This section not applicable
a. Location of disposal area.
1520 Carolina Blvd, Topsail Beach NC
c. (i) Do you claim title to disposal area?
❑Yes ®No ❑NA
(ii) If no, attach a letter granting permission from the owner.
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SS
❑WL ®None
(ii) Describe the purpose of disposal in these areas:
Used as fill.
Dimensions of disposal area.
Approximately 64.45' by 61.2'
d. (i) Will a disposal area be available for future maintenance?
❑Yes ❑No ®NA
(h) If yes, where? RECENED
(i) Does the disposal include any area in the water? 4 2019
❑Yes ®No ❑NA
(it)If yes, how much water area is affected? DCM-MHD CITY
RECEIVED
AUG 2 8 2019
9CA4 Wil MINGTON NC
252.808-2808 :: 1-888-4RCOAST :: www.nccoastaimanaaement.net revised: 12/26106
Form DCM MP-2 (Excavation and Fill, Page 2 of 2)
3. SHORELINE STABILIZATION ®This section not applicable
(if development is a wood groin, use MP-4 — Structures)
a. Type of shoreline stabilization: b. Length:
❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other:
c. Average distance waterward of NHW or NWL:
e. Type of stabilization material:
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill _ Riprap
Breakwater/Sill Other _
i. Source of fill material.
Width:
d. Maximum distance waterward of NHW or NWL:
f. (i) Has there been shoreline erosion during preceding 12
months?
❑Yes ❑No ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
4. OTHER FILL ACTIVITIES ®This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ❑Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW).
If yes,
(ii) Amount of material to be placed in the water
(iii) Dimensions of fill area
(iv) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site and erosion
controlled?
excavated fill will be kept on floating barge.
c. (i) Will navigational aids be required as a result of the project?
❑Yes SNo ❑NA
(ii) If yes, explain what type and how they will be implemented.
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV _ ❑SS
OWL []None
(ii) Describe the purpose of the fill in these areas:
b. What type of construction equipment will be
backhoe, or hydraulic dredge)?
backhoe
d. (i) Will wetlands be crossed in transporting equipment to project
site? []Yes SNo []NA i2ECEJVED
(ii) If yes, explain steps that will be taken to avoid or minim
environmental impacts.
2 4 2019
D CITI
'��,� rylr9-(21c �a7 yusr-a
Date Applicant Name
OX 04 RECEIVED
Applicant Signature
Project Name AUG 2 8 2019
`jvSko �1E1Z ��.C-pCIN�
DCM WILMINGTON, NC
252-808-2808 :: 1.888-4RCOAST :: viww.nccoastal_management.net revised: 12/26106
CROSS SECTION A —A
Not to Scale
A
A
BANKS
CHANNEL
END
OF EXISTING PIER
- <a.a' t,
dred..d
to e' D
MW
4
—,�14
MLW
-z-1V _p
_q
_p
-5'
7
EXISTING BULKHEAD
NOTE:
Depth beyond -6' MLW
not surveyed.
Area to Dredge to —6' MLW.
n
44.5' x 46.1' x 40' x 3.78' deep of material (average)
m
with 450 slope sides.
m
p
"D
Z
m
Area = Approximately 126.8 Cubic Yards
<
m
C)
�
m
0
=
�,
m
z`z-
O
'A
<
z
n
0
�
0
sneer Project: Title: Dredge Plan
Yusko Pier
r,�r �+
WALTON
=
2 of 3 X—Section
L' NGINEERING
PO Box 895, Burgaw, NC 28425 (910) 259-4800
Date: 06/18/19 Scale: Not t0 Scale Drawn by: RMW/DAT
Firm License! F-0969
OZ' / yxv�
vcanr NAP (k.T.S)
'istc
r
30' BUFFER FROM
NORMAL HIGH WATER
aM=::�.. a D9
a Isis
n m 0 1520 Carolina Blvd, Topsail Beach NC
3 c' n m m
a° m 0
< _ �' m
n uRooft yU P eTfflDr ge Spoil Diap al A ea
? `'ROTE: FARCEQDIMF,�m IONS RE APPROXIMATE- 3 3 ALTON LC EER/N§
Dab: 9M7H9 8p : N.T.S. Drawn by: OAT w�aaus. s<y.;vc xew s�oi sssaau
YE
Bodnar, Gregg
From:
Bodnar, Gregg
Sent:
Thursday, January 23, 2020 9:19 AM
To:
smyusko@gmail.com
Cc:
Mark Walton
Subject:
Yusko CAMA Project
Attachments:
Yusko OFF HOLD.pdf
Morning Mr. Yusko,
After coordination with concerned agencies I am completing final review of the project. Please see above for the off
hold letter and the adjusted deadline. With coordination complete I should be able to make a final determination very
shortly. The coordination has resulted in no material changes to your project, so as it stands the project is moving
forward as you originally proposed.
Thanks,
Gregg
D_EQ
Gregg Bodnar
Assistant Major permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 ON 28118 ext 215 (office)
Gnwt.@AnarAQncdSgr. v
Emoll correspondence to and from this address is subject to the
NorthCarogna Public Records Low and may bedhdoseAto third parties.
ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
January 23, 2020
Mark Yusko
2121 North Lakeshore Dr.
Chapel Hill, NC 27514
SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Mark
Yusko in Pender County
Dear Mr. Yusko:
This letter is in response to the above referenced CAMA permit application, which was accepted
as complete by the Division's Wilmington office on August 28, 2019.On November 18, 2019,
processing of your application was placed on hold pending resolution of issues with The NC
Division of Water Resources (NC DWR). This office received correspondence from the NC
DWR staff that their request for additional information had been satisfied. Therefore, processing
of your permit application has officially resumed. The revised projected 75-day deadline for
making a decision is March 31, 2020.
Please feel free to contact me by phone at (252) 808-2808 ext. 215 if you would like to discuss
this matter further.
Sincerely,
Gregg Bodnar
Assistant Major Permits Coordinator
CC: DCM WiRO
Robb Mairs, DWR Wien (via email)
Liz Hair, USACE Wilmington Regulatory Field Office (via email)
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 28557
252.808.2808
Bodnar,
From: Bodnar, Gregg
Sent: Monday, November 18, 2019 10:04 AM
To: smyusko@gmail.com
Cc: Mark Walton
Subject: CAMA application for Mark Yusko
Attachments: Yusko Hold.pdf; DWR#2019-1234 Yusko-Surf City-Pender Co.; Yusko CommentsV2.docx,
Cama permit review - M Yusko 9-16-19.pdf
Morning Mr. Yusko,
Please see above for the attached hold letter from the NC Division of Coastal Management. Due to the corresponding
DWR hold for additional information I have placed the project on hold while the request is processed. I have also
attached DWR's email and comments from DMF and the NC Commerce for your reference.
Thanks,
Gregg
V
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2909 ext 215 (Office)
Greee.Bodnarralncdenr ov
Email carrespandence to and from this address is subject to the
North Carolina Public Records Lax% and may be disclosed to third parties.
r
ROY COOPER
Governor
MICHAELS.REGAN
Smeary
BRAXTON C. DAVIS
Director
Mr. Mark Yusko
Smyusko@gmail.com
NORTH CAROLINA
Environmental Quality
November 18, 2019
SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal Mark
Yusko in Currituck County
Dear Mr. Yusko:
This letter is in response to the above referenced CAMA permit application, which was accepted
as complete by the Division's Elizabeth City's office on August 28, 2019. Processing of the
application is ongoing. However, it has been determined that additional information will be
required prior to the Division taking final action on your application. The required item is
summarized below:
I) In accordance with 15A NCAC 07H.0208(a)(2)(B), it is the policy of this Division that,
prior to taking final action on a project of this nature, a Water Quality Certification for
the proposed development must first be approved by the Division of Water Resources
(DWR). Based upon the email request for additional information from the DWR dated
November 13, 2019, it appears as though additional information from the applicant will
be required before a final decision on issuance of a Water Quality Certification can be
made.
Therefore, it is necessary that processing of your permit application be placed in abeyance until
such time as the required information is provided to the DWR and a copy of the approval
supplied to this office.
If you have any questions concerning these matters, please feel free to contact me by telephone
at (252) 808-2808 extension 215, or by email at Qreae.bodnarAncdenr.gov.
M FmYomenYl OUY�
North Carolina Department of rmironmental Quality I Division of Coastal Management
Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 28557
252.8082808
Sincerely,
Gregg Bodnar
Division of Coastal Management
Assistant Major Permits Coordinator
CC:
Robb Mairs, DWR WiRO (via email)
Liz Hair, USACE Wilmington Regulatory Field Office (via email)
North Carolina Department of Environmental Quality I DtvWm of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.8082808
ROY COOPER
Governor
NCHAEL S. REGAN
Seawary
BRAXTON C. DAVIS
Dkecmr
Mark Yusko
2121 North Lakeshore Dr.
Chapel Hill, NC 27514
Dear Mr. Yusko,
NORTH CAROLINA
Environmental Quality
November 12, 2019
This letter is in reference to the application submitted for a Coastal Area Management Act Major
Permit to undertake development activities to dredge an area surrounding an existing docking
facility, in Pender County.
Although processing of the application is nearing completion, additional time is needed for this
office to complete the review and make a decision on your request. Therefore, it is necessary that
the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c)
which would make January 25, 2020 the new deadline for reaching a decision on your request.
However, we expect to take action prior to that time and will do so as soon as possible. In the
interim, should you have any question on the status of your application, do not hesitate to contact
me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov).
Sincerely,
Gregory W. Bodnar
Assistant Major Permits Coordinator
Cc: DCM Morehead City
Mark Walton (mark@waltonengineering.net)
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.8082808
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
January 30, 2020
Regulatory Division
Action ID No. SAW-2019-02120 and State Permit No.12-20
Mr. Mark Yusko
2121 North Lakeshore Drive
Chapel Hill, North Carolina 27514
Dear Mr. Yusko:
Reference your application for a Department of the Army permit for new dredging activity
around an existing docking facility, located at 116 Bridgers Avenue, adjacent to Banks Channel
and Topsail Sound, in Topsail Beach, Pender County, North Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction
activities that receive authorization from the State of North Carolina. Therefore, you may
commence construction activity in strict accordance with applicable State authorization, attached
Federal special conditions, and the approved plan. Failure to comply with the State authorization
or conditions of the Federal permit could result in civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified. Your Department of the Army permit will expire on December 31, 2021.
Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office,
Regulatory Branch, by email at sarah.e.hair@usace.army.mil or telephone 910-251-4049.
Sincerely,
HAI R.SARAH. Digitally signed by
HAIR.SARAH.EA.1054
EA.10546935 693512
Date: 2020.01.30
12 13:32:48-05'00'
Liz Hair
Regulatory Project Manager RECEIVED
JAN � 1 2020
MP SECTION MHD
-2-
Enclosures:
Plans
CAMA permit
GP 291 permit
Manatee Guidelines
Electronic Copies Furnished (without enclosures):
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist -Water Protection Division
Mr. Jonathan Howell/ Mr. Gregg Bodnar/Ms. Tara MacPherson
North Carolina Department of Environmental Quality- Division of Coastal Management
Mr. Paul Wojoski/Mr. Robb Mairs
North Carolina Department of Environmental Quality -Division of Water Resources
Mr. Pete Benjamin/Mr. John Ellis
U.S. Fish and Wildlife Service -Fish and Wildlife Enhancement
Dr. Pace Wilber/ Ms. Twyla Cheatwood
National Marine Fisheries Service -Habitat Conservation Division
RECEIVED
JAN 9 1 2020
M-P SECTION MHD
From: Linda Vescovi <Ivescovi@topsailbeach.org>
Sent: Monday, January 27, 2020 11:47 AM
To: Cannon, Amanda J <Amanda.Cannon@ncdenr.gov>
Subject: (External] RE: CAMA Major Permit - Yusko
Amanda,
I need the email address of the applicant. Spoil material may not be placed on property in Topsail Beach without a
Floodplain Development Permit approval. I made this clear in my comments sent prior to the approval of this major
CAMA approval. It should have been clearly spelled out in in the permit. If the applicant cannot place the spoil material
on the property indicated in the permit (1506 Carolina blvd) shouldn't the applicant be required to amend the existing
permit to reflect the relocation of the spoil material?
Thanks,
Linda
Please Note the New Email Address: lvescovialopsailbeach.orQ
Linda Vescovi
Town Planner
Town of Topsail Beach
820 S. Anderson Boulevard
Topsail Beach, NC 28445
Tele: 910 328-5841
Fax: 910 328-1650
"May you always have a shell in your pocket and sand between your toes"
From: Cannon, Amanda J <Amanda.Cannon@ncdenr.gov>
Sent: Monday, January 27, 2020 11:13 AM
To: Liz Hair <Sarah.E.Hair@usace.armv.mil>; DCR - Environmental —Review <Environmental. Review@ncdcr.gov>; Cox,
Heidi <heidi.cox@ncdenr.gov>; Weychert, Curtis R <curt.wevchert@ncdenr.gov>; Harris, David B
<david harris@ncdot.gov>; Jenkins, Shannon <shannon.ienkins@ncdenr.gov>; Gupton, Sharon
<sharon.gupton@ncdenr.gov>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>;
Montalvo, Sheri A <sheri.montalvo@ncdenr.gov>; Sullivan, Shelton <shelton.sullivan@ncdenr.gov>; Mairs, Robb L
<robb.mairs@ncdenr.gov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>;
Butler, Rodney A <Rodnev.ButIer@ncdcr.gov>
Cc: Dail, Jason <lason.dail@ncdenr.gov>; Pietila, Tanya K <tanva.pietila@ncdenr.gov>; Bodnar, Gregg
<gregg.bodnar@ncdenr.gov>; Linda Vescovi <Ivescovi@topsailbeach.org>
Subject: CAMA Major Permit - Yusko
Good Afternoon,
U)
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT:, Mark Yusko COUNTY: Pender
PROJECT NAME: Yucko Pier Dredging
LOCATION OF PROJECT:116 Bridgers Ave, Adj to Banks Channel & Topsail Sound, Topsail Beach
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8-28-19
FIELD RECOMMENDATION: Attached: Yes
To Be Forwarded: N/A
FIELD REPRESENTATIVE: Dail 4/ DISTRICT OFFICE: WILMINGTON
DISTRICT MANAGER REVIEW: r✓�
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE RECD: $400 (60/40)#7171
APPLICATION ASSIGNED TO: Spears Uaar 4�0/19
PUBLIC NOTICE RECD: 9-18-19
ADJ. RIP. PROP NOTICES RECD:
C) 75 DAY DEADLINE: 1-11-1.91,11711W
HOLDS: cA66
MAIL OUT DATE: 9-16-19
PERMIT FINAL ACTION: ISSUE DENY
END OF NOTICE DATE:10-9-19
DEED RECD: Yes
150 DAY DEADLINE: t Z�
STATE DUE DATE: 10-9-19
AGENCY
DATE
COMMENTS
OBJECTIONS:
YES NO
NOTES
DCM — Field Rep
pRETURNED
Local Permit Officer DCM
10
Lei
DCM — LUP Consistency Determination
Rural Development Division
7r
II'.,,f�`
Y�K�tbW Q'lF ! tAk—
DEMLR — Storrawater & Sed/Erosion
f�
DWR-401
it i
t1
t4rCI
20
'Ulu
DOA — State Property Office
DMF —Shellfish Section
�, n ( I
NCDOT
DMF —Habitat &Enhancement
9 q
Z7
Q
1 �'^
v� z i iq j 7c7
DWR—Public Water Supply
�(
USACE—Regulatory
��
tC2/f�htFS
' to 1�l
DNCR— Archives & History
DNCR — Natural Heritage Program
WRC — Wildlife Resources Commission
t�
i
Recommendations for a CAMA Maior Permit —Mark Yusko
Dredge footprint = 40' x +/- 45' x -3.5' =1,800 W
Spoil deposition area = 60' x 60' = 3,600 R2
It is the staff s recommendation that the proposal to dredge a new basin, adjacent to the subject
property along Banks Channel, in Topsail Beach, Pender County, is CONSISTENT with the
Rules of 15 NCAC 71-1.0208 (b) Specific Use Standards for boat basins. Specifically, the
applicant's proposal to dredge, as indicated on the attached plans and in the attached bio appears
to avoid any existing beds of submerged aquatic vegetation as defined by the MFC.
Any permit issued should include the following conditions:
1) The permittee will maintain the authorized work in good condition and in
conformance with the terms and conditions of this permit.
2) The construction of the proposed project shall be done in compliance with all
local, State and Federal regulations and associated permit conditions.
3) In order to protect water quality, runoff from the construction must not visibly
increase the amount of suspended sediments in adjacent waters.
4) The permitee must install and maintain, at his expense, any signal lights and
signals prescribed by the US Coast Guard through regulations or otherwise, on
authorized activities.
5) No excavation of shallow water bottom or any wetlands is authorized by this
permit.
6) No attempt will be made by the permittee to prevent the full and free use by the
public of all navigable waters at or adjacent to the authorized work.
RECEIVED
SEP 2 4 2019
DCM-MHD CITY
kQX'66-4v k,
MICHAEL'_$; REGA_N
Septeffib& 76, 2019
MEMORANDUM:'
FROM: Courtney. Spears, Assistant.Major Permits, Coordinator'
NCDEQ- Division:of-Coastal Management
127 CardinalrDriverExti,.Wilmington, NG28405
Fax::9.10-395-3964 (Cdurler'04-?6=33j•
Tcourtriev:snearsCdlrictlenr clot/
SUBJECT: CAMA/. Dredge and.Fill'Applicafion Review
Applicant:. Mark Yusko
Project tocaHon:
Proposed"Project:
Please indicate t
re(urn_ hl§ form 'fo
have any questions
.BRAXTON'DAVISx
-"'„Dlhttor,JTii�crtar orC. aall
m116 Bridgers Ave., adjacent td Banks:Channel &;Topsail Sound
.Topsail Beach, Pender"County'
Proposal to dredge armund existing-dockfng:fac llfy,
address
REPLY.- This agency has, no objection to :the project_as proposed:
"'Additional comm. entspay be ,attached"
This agency has no corhrhenton the;proposed project;
If
This agency approves of the,pmject only;if the recommended changes
are incorporated:See attached;
This agency objects to the project for reasons desdribed in the -attached comments'.•
RECEIVED
OCT 07 2019
DCM WILMINGTON, NC
_ - Sleta ofN4nh GamhaeLEnvtipamcalal-Qualayl Coastal lvtana6aaml= -
4@7.Canitnal DriyeHzly R�Bmin,�ipn, NC24405f ,9,,07",721S'
Planning and Inspections
820 S. Anderson Blvd.
Topsail Beach, NC 28445
October 4, 2019
Courtney Spears
Assistant Major Permits Coordinator
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: LAMA Dredge/Fill Application Review 116 Bridgers Avenue
Ms. Spears,
Telephone: 910 328-5841
Fax: 910 328-1560
Website: www.toosailbeach.org
Thank you for the opportunity to comment on the above referenced application. Unfortunately,
the Town must object to the issuing of the permit. In the packet you sent, the project proposes to allow
the dredge material to be placed on a vacant lot within our jurisdiction,1506 Carolina Blvd. Before the
material can be placed on the vacant lot, the property owner must submit a request for a Floodplain
Development Permit along with a site plan showing the existing grade, the location on the lot of the fill
material and the final grade. The fill material cannot create a situation whereby the change in the
elevation of the vacant lot will cause.stormwater runoff to the adjoining properties, the public streets or
into Banks Channel or increase flood damage. If the Town cannot approve the Floodplain Development
Permit, what measures are being proposed for an alternate deposit of the dredge material?
If you need further information, please let me know.
Sincerely,
Linda R. Vescovi
Town Planner
CC: Jason Dail, Field Representative, DCM
Michael Rose, Town Manager
Enclosure: Comment Form
REECEIVED
JAN 2 q 2020
UP SECTION MHD
ROY COOPER
Gmenmr
MICHAEL S. REGAN
,Secretory
NORTH CAROLINA
Environmental Quality
September 16, 2019
MEMORANDUM:
FROM: Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Fax: 910-395-3964 (Courier 04-16-33)
courtnev.spears( ncdenr.00v
SUBJECT: CAMA /Dredge and Fill Application Review
BRAXTON DAVIS
Dhecmr, Ommon of C w.aal
Managemenl
Applicant: Mark\usko
Project Location: 116 Bridgers Ave., adjacent to Banks Channel & Topsail Sound
in Topsail Beach, Pender County
Proposed Project: Proposal to dredge around existing docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by b�totler 9 Y019 If you
have any questions regarding the proposed project, contact Jason Dail at (910) 796-7424
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
*"Additional comments may be attached**
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
.RINT NAM Dan Sams
pGENC
RECEIVED
(GNAT R Lb.a(er.�art.
SEP 1, 8 2019
AR 0 Sept 18, 2019 DCM WILMINGTON, NC
-- State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215
a
ROY COOPER
Govnnmr'
MICHAEL S. REGAN
S,,( I,, .
NORTH CAROLINA
Environnienral Ounlily
September 16, 2019
FROM: Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Fax: 910-395-3964 (Courier 04-16-33)
courtnev.spears EDricdenr.gov
SUBJECT: CAMA/Dredge and Fill Application Review
BRAXTON DAVIS
Om'u"., /N. nn fCnasta!
Managemem
Applicant: Mark Yusko
Project Location: 116 Bridgers Ave., adjacent to Banks Channel & Topsail Sound
in Topsail Beach, Pander County
Proposed Project: Proposal to dredge around existing docking facility
Please indicate below your agency's position or viewpoint on the ro osed ro'ect and
return this form to Courtney Spears at the address above by,, c abe► 9I 9 If you
have any questions regarding the proposed project, contact Jason Dail at (910) 796-7424
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached'"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
NT NAM Shannon Jenkins
NCDMF/Shellfish Sanitation
AGENC
SIGNATiUR i?ii¢c+r Sty for Shannon Jenkins RECEIVED
DCM WILMINGTON, NC
DAT
9/19/2019
SuncoMorth Carolina I Enviranmemzl Quality l Coastal Management
127 Cardinal Drive Ext., Wilmington, NO 29405 919 796 7215
SEP232019
tvfICHAEL`S RHOAIJ
*-hbR M (;MbONA
ARXXTOK DAVISi
i4m-aww
6W)
8eplem-ber* 2019;
&EMqft NPUR
FROM
Courtney Sp -MAY CAssistant Mijbt-* Pbrrn[W Coordinator
N.CDEQ -- D[ViOibh,bf,Coastal Wiriagbrriei*
Fa)C.1910-395-3964 (Cdulrfbr'04=164
APELJACTs
CAMA IDfodgo andFill Appliatidii RdvieW.
Applicant
mork, yusko
F - rqJqc.f,Loca!lon:,
116144rid.gers,Avq:, agyppent-to Banks: dhapnei-,& TopAdif Sound
in. Topsail Rqe(qp1 Pqqqer County,
'Proppped.I�ro
-top -facility
Please -ind1cate.AplqW;your ageqcyssppsijti.on pr V,(qwppint on-th ro osed rojectervc!
at the -address 'above :-by, jf'yOu
have any questions regarding
-the proposed project; &6hfadt,JEiibA.Dail'at-(0.10)L796-7424
when appropriate, in-dePthcomn6rtswith suppbdihg'd4ttJsffqU6stec.
has nQ-obl--p--ctiotto theiproj*e'-ct-a-s -pirop'ose-dt
*'Aclditidfial.comments.rnay, be attached"
Th"Is p9lancy'has no comment o Ahefprqp 'psed project:
Thjsagericy approves of the project,only if the:recommeoded changes
are iriddrp6rated, See
This-adericy objects,16.1he project for (6asona.described in the attached
RECEIVED
Mmmm
SEP 17 2019
DCM WILMINGTON, NC
StatecfNonli Carolina f Envirdnin6ml Quwlayj C6'wsial Mafiag&m6t
Nye1an WJj
ROY COOPER
r on"
MICHAELS REGAN
S "I'm.
NORTH CAR,OLINA
September 16, 2019
FROM: Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of CoastaWanagement.
127 Cardinal Drive Ext., Wilmington, NC28405
Fax: 910-395-3964 (Courier0446-33).
cou rtney.spears(cD.ricclerin gov
SUBJECT: CAMA/Dredge and Fill Application Review
BRAXTON DAVIS
nrCr,nnd
Jiaxuyanrrm
Applicant: Mark Yusko
Project Location: 116 Bridgers Ave., adjacent:to Banks Channel & Topsail Sound
in Topsail Beach, Pander County
Proposed Project, Proposal to'dredge around existing docking facility
Please indicate below. your agency's position or viewpoint on the proposed project and .
returrr:this form to'courtney spears at the address above' by,Octooer 9„2019 If you
have any -questions regarding the proposed project, contact Jason Dail at`(9'10) 796-7424
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
*"Additional comments may be -attached..
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons.described in the attached comments.
PRINT,NAME WCtirjru
AGENCY 64-a,Fc- f"N ujq
SIGNATURE 004WO-
DATE
IV 1 //—/?
RECEIVED
OCT 1 1 2019
MP SECCTION MHD
State of North Carolina I Environmcntal Quality l Coastal Management
127 Cardinal Dri1T EvL, Wilmington, NO 28405 919 796 7215
:[LoY ,QQQI 1L
Gownior
MICHAEL S. REGAN
Srcrcrary
BRAXTON I)AVIS
Inmanq U11 141-1 OfCnarinl
A10mg"re'll
.r n.x,.a,nJ y: m:i •'t�
September16, 2019
MEMORANDUM:
FROM: Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext, Wilrriington, NC28406,
Fax:.910-395-3964 (Courier 04-16-33)
courtnev spgars(a)ncdenreoV
SUBJECT: CAMA/Dredge and Fill Application Review
Applicant: Mark •Yusko
Project Location: 116'Bridgers Ave., adjacent to Banks Channel & Topsail Sound
in Topsail Beach; Pander County
Proposed Project` Proposal'to dredge around existing docking facility
P.lease,indicate below your agency's:position or viewpoint onthe.proposed project and
return this form to Courtney Spears•atthe address above by October 9, 200{ If you
have any, questions regarding the proposed project,, contact Jason Dail.at (910) 796-7424
when appropriate, in-depth comments with supporting data is requested.
REPLY.: X This agency has no objection to the project as proposed
**Additional comments maybe attached"
This agency has no comment on the.proposed project.
This;agency approves of the p'rojectonly if the recommended changes
are; incorporated, See attached.
This agency objects to,the project,forreasons described in the attached comments.
PRINT NAME Yv' r i y 1
AGENCY N:C :i�•lt./�j.. v GCi 114/0
1 .
SIGNATURE fiq
�(23l(k
DATE
XX t4lyU6e�rI4 jnysf C'P /
iv ;A IM l rry m/W e NIS
r-t ✓ ,k e- 1 7 SA V 4vyv
(1 n1 (mkt LV 2.t;
RECEIVED
OCT 1 7 2019
Smie ofNonh Carolina. I Environmental Qualiy I Coastal Managemein
127Cwdia1Ddvo Ext.Wilminglmi,NC2&405 91979672,5 MP SECTION
tlJ®
Or
0.
i
Bodnar, Gregg
From: Zeigler, Mark D
Sent: Tuesday, October 15, 2019 2:14 PM
To: Bodnar, Gregg
Subject: FW: CAMA Major Application: Mark Yusko
Attachments: Yusko.Bio.Narrative.App.Drawings.pdf; Yusko.Deed.pdf; Yusko.CommentSheet.docx
Hi Gregg,
I am on the below list as a reviewer. I am with the NC Department of Commerce. Before Courtney Spears left she said I
should coordinate with you. I wasn't sure if DEQ-DCM was ok with granting this permit because of the Submerged
Aquatic Vegetation concerns that are explained in the Anticipated Impacts (p. 4) in the Field Investigation Report. For
this reason I have held off signing off with the "This agency has no objection to the project as proposed."
Could you tell me if DEQ-DCM is ok or not with this permit regarding the S.A.V.?
Regards,
Mark
Mark Zeigler, AICP
Community Economic Development Planner
North Carolina Department of Commerce
NC DEPARTMENT
IQ
of COMMERCE
RURAL ECONOMIC
DEVELOPMENT
910 796 7268 office
910 632 4011 mobile
mzeigler@nccommerce.com
127 Cardinal Drive Extension
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Pietila, Tanya K <tanya.pietila@ncdenr.gov>
Sent: Monday, September 16, 2019 11:53 AM
To: Weychert, Curtis R <curt.weychert@ncdenr.gov>; Christenbury, Mike <mike.christenbury@ncdenr.gov>, DCR -
Environmental _Review <Environmental.Review@ncdcr.gov>; Butler, Rodney A <Rodney.Butler@ncdcr.gov>; Zeigler,
Mark D <mzeigler@nccommerce.com>; Harris, David B <davidharris@ncdot.gov>; Dunn, Maria T.
<maria.dunn@ncwildlife.org>; Walton, Tim <tim.wa[ton @doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>;
Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov>; Gupton, Sharon
<sharon.gupton@ncdenr.gov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Cox,
Heidi <heidi.cox@ncdenr.gov>; planner@topsailbeach.org
Cc: Dail, Jason <jason.dail@ncdenr.gov>; Spears, Courtney <courtney.spears@ncdenr.gov>; Day, Susan
<susa n.day@ ncdenr.gov>
Subject: CAMA Major Application: Mark Yusko
Hello All!
Please accept this correspondence as the official distribution of CAMA application from Mark Yusko for development in
Topsail Island, Pender County. Attachments include: Field Investigative Report, work plans, comment sheet, and any other
documents intended for you.
NOTE: Please complete,the bottom.portion of the comment sheet with your information and signature
NO oversized work plans have been submitted by the applicant
For questions or concerns, please contact Courtney Spears at courtney.spcars@ncdenr.gov or (910) 796-7426.
Thank you!
Tanya
Tanya Pietila
Permit Support Specialist
NC Department of Environmental Quality
NC Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 25405
Phone:(910)796-7226
Tanya.Pietila@ncdenr.gov
E-mail correspondence to and from this address
may be subject to the North Carolina Public
Records Law and may be disclosed to third parties.
MEMORANDUM
To: Gregg Bodnar
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application — Mark Yusko,
Topsail Beach, Pender County
Date: October 25, 2019
Consistency Determination:
This project appears_ to be consistent and not in conflict with the Topsail Beach Land
Use Plan update.
The applicant is proposing to dredge around the existing docking facility. The project is
located at 116 Bridgers Avenue, adjacent to Topsail Sound in Topsail Beach, Pender
County.
Areas of Environmental Concern (AEC's) impacted by the proposal are ES and EW and
PT. Waters at the site are classified as SA and are open to shell fishing. The area is not a
Primary Nursery Area.
I have reviewed this proposal for consistency with the Topsail Beach Land Use Plan and
offer the following comments.
The general area of the project is classified as Limited Transition (upland) and
Conservation (AEC).
In general, the Topsail Beach Land Use Plan allows development in Limited Transition
and Conservation classified AECs which is consistent with the State's minimum use
standards. The Topsail Beach Land Use Plan contains some policies, which exceed the
State's minimum use standards. However, none of these more restrictive policies appear
to be applicable to this project.
This project appears to be consistent with the Topsail Beach Land Use Plan Update.
Cc: File RECEIVED
OCT 2 5 2019
MP SECTION MHD
Bodnar, Gregg
From:
Mairs, Robb L
Sent:
Wednesday, November 13, 2019 10:11 AM
To:
mark@waltonengineering.net
Cc:
Bodnar, Gregg; Hair, Sarah E CIV CESAW CESAD (US)
Subject:
DWR#2019-1234 Yusko-Surf City-Pender Co.
Mr. Walton,
Based on the additional information requested from Gregg Bodnar with the NC Division of Coastal Management on
11/12/2019 to you as the acting agent, in regards to the CAMA Major Permit application, I am placing the 401 Water
Quality Certification application on hold until this additional information is received.
Thanks and feel free to let me know if you have any questions.
Robb Maim
Environmental Specialist II
Division of Water Resources
North Carolina Department of Environmental Quality
910 796.7303 office
robb. mairs(Mricdenr. oov
https:Hdeg.nc.aov/a bout/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer-
ermits
127 Cardinal Drive Extension
Wilmington, NC 28405
Irc �—J
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
PNITED STATES DEPARTMENT OF COMMERCE
4N
National Oceanic and Atmospheric Administration
YP s{
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
�rn,uw/
26313m Avenue South
St. Petersburg, Florida 33701-5505
httoslfww.fishe6es.noaa.gov/region/southeast
(Sent via Electronic Mail)
Colonel Robert J. Clark, Commander
USACE Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403-1398
Attention: Liz Hair
Dear Colonel Clark:
November 16, 2019
NOAA's National Marine Fisheries Service (NMFS) reviewed the GP-291 notice regarding the
proposed dredging around an existing dock owned Mr. Mark Yusko (SAW-2019-02120). Based
on the information in the notice, the proposed project would occur within essential fish habitat
(EFH) designated by the South Atlantic Fishery Management Council, Mid -Atlantic Fishery
Management Council, or the NMFS. The NMFS anticipates any adverse effects occurring from
the project to NOAA trust resources would be minimal provided the dredge footprint is limited
to the area under the boat lift and the formalized slip next to the platform area, as recommended
by the North Carolina Division of Marine Fisheries. Accordingly, the NMFS offers no EFH
conservation recommendations pursuant to the Magnuson -Stevens Fishery Conservation and
Management Act and no recommendations under the Fish and Wildlife Coordination Act.
Please note these comments do not satisfy consultation responsibilities under section 7 of the
Endangered Species Act of 1973, as amended. If an activity "may effect" listed species or
critical habitat under the purview of the NMFS, please initiate consultation with the Protected
Resources Division at the letterhead address.
Thank you for the opportunity to provide these comments. Please direct related correspondence
to the attention of Ms. Twyla Cheatwood at our Beaufort Field Office, 101 Pivers Island Road,
Beaufort, North Carolina 28516-9722 or at (252) 728-8758.
RECEIVED
NOV 2 0 2019
MP SECTION MHD
Sincerely,
WILBER.THOM Digitally slgned by
WILBERTHOMAS.PAVSO
ASYAYSON.1 N.1365820186
/ for 65820186 J -0 �2019.11.1614:1939
Virginia M. Fay
Assistant Regional Administrator
Habitat Conservation Division
Bodnar, Gregg
From:
Weychert, Curtis R
Sent:
Sunday, October 27, 2019 12:04 PM
To:
Bodnar, Gregg
Cc:
Deaton, Anne
Subject:
Yusco updated information
Attachments:
Yusko CommentsV2.docx
Gregg, please let these comments supersede all previous comments. After further conversation with staff within DMF
and outside agencies. The project may continue if the following recommendations can allow the project to be modified
to minimize the environmental impacts. Please reach out to the applicant and convey my concerns and
recommendations. If there are any further questions, please let me know.
Thanks again,
Curt
Curtis Weychert
Fisheries Resource Specialist
North Carolina Division of Marine Fisheries
North Carolina Department of Environmental Quality
252-808-8050
Curt Wevchert(a)ncdenr gov
3441 Arendell Street
Morehead City, NC 28557
111-5 I� (Cvw • -"j' CAD k e?V p
RECEIVED
OCT 2 8 2019
MP SECTION MHD
TO:
FROM:
THROUGH:
SUBJECT:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
STEPHEN W.MURPHEY
Director
MEMORANDUM:
Courtney Spears, DCM Assistant Major Permit Coordinator RECEIVED
Curt Weychert, DMF Fisheries Resource Specialist OCT 2 g 2019
Anne Deaton, DMF Habitat Assessment Manager
Mark Yusko Dredging Project MP SECTION MHD
DATE: September 17, 2019
A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the
CAMA Major Permit application for proposed actions that impact fish and fish habitats. The
applicant is proposing to dredge a basin area around a private docking facility. The project is
located at 116 Bridgers Ave. in Topsail Beach. The project is located within waters classified as SA
by the Division of Water Resources and open to the harvest of shellfish. The applicant is proposing
to dredge an area of 1,800 square feet. The dredge area ranges from -2 feet to -6 feet and is being
proposed to be dredged to a final depth of -6 feet. The proposed dredging will remove 126 cubic
yards of shallow bottom sand material. The dredge area also has submerged aquatic vegetation
(SAV) present.
North Carolina ranks second behind Florida in SAV presence (Funderburk et al.1991; Sargent et al
1995). Observations since 2000 have indicated that SAV coverage in North Carolina is expanding
into previously unobserved areas. SAV is a vital component to the estuarine system and is prime
nursery area for many fisheries species, such as gag grouper, flounder, red drum, black sea bass,
weakfish and Atlantic croaker (Deaton et al. 2010). SAV supports high diversity of foraging fish and
invertebrates and provides valuable ecosystem services as a primary producer and enhancer of
water quality (Deaton et al. 2010).
SAV filters water, stabilizes sediment (Fonseca 1996; Stephan and Bigford 1997), and provides
refuge for juvenile finfish, crabs and shrimp (Savino and Stein 1989; Rooker et al.1998). SAV
supports a vast array of epiphytes and other sessile invertebrates that serve as a food source for
many fisheries species. Waters containing SAV have higher species richness and abundance than
those without SAV (Thayer et al.1975, Ross and Stevens 1992), and can improve water quality and
clarity through the filtration of water by the associated epiphytic community. SAV is recognized as
essential fish habitat due to its primary production, structural complexity, modification of energy
regimes, sediment and shoreline stabilization, and nutrient cycling (Deaton et al. 2010).
For the above stated reasons, the DMF would propose that the project limit their dredge
footprint to the area immediately under the boatlift and formalized slip next to the platform
area. The drawings provided by the applicant show that there are SAV beds near the proposed
dredge footprint and DMF historical aerial photography and SAV sampling data shows that the
entire shoreline of the property to the docking facility has functioned as SAV habitat within the last
State of North Carolina I Division of Marine Fisheries
3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557
252-726-7021
10 years. Dredging of the area may also cause sloughing along the dredge footprint edges,
permanently altering the benthic elevation and negatively affecting the potential SAV habitat
outside the project area.
Contact Curt Weychert at (252) 808-8050 or Curt.WeychertOncdenr gov with further questions or
concerns.
Deaton, A.S., W.S. Chappell, K. Hart, J. O'Neal, B. Boutin. 2010. North Carolina Coastal Habitat
Protection Plan. North Carolina Department of Environment and Natural Resources.
Division of Marine Fisheries, NC. 639 pp.
Fonseca, M. S.1996. The role of seagrasses in nearshore sedimentary processes: a review. p. 261-
286 in C. Roman and K. Nordstrom (eds). Estuarine Shores: Hydrological, Geomorphological
and Ecological Interactions. Blackwell, Boston, MA.
Funderburk, S. L., J. A. Mihursky, S. J. Jordan, and D. Riley.1991. Habitat requirements for
Chesapeake Bay living resources. Habitat Objectives Workgroup, Living Resources
Subcommittee and Chesapeake Research Consortium with assistance from Maryland
Department of Natural Resources, Solomons, MD.
Rooker, J. R., G.J. Holt, and S.A. Holt.1998. Vulnerability of newly settled red drum (Sciaenops
ocellatus) to predatory fish: is early -life survival enhanced by seagrass meadows? Marine
Biology 131(1):145-151.
Ross, J. L. and T.M. Stevens.1992. Life history and population dynamics of red drum (Sciaenops
ocellatus) in North Carolina waters. NC Division of Marine Fisheries, Morehead City, NC,
Marine Fisheries Research Completion Report Project F-29,13Op.
Sargent, F. J., T. J. Leary, D. W. Crewz, and C. R. Kruer.1995. Scarring of Florida's seagrasses:
Assessment and management options. Florida Department of Environmental Protection, St.
Petersburg, Fl:
Savino, J. F. and R.A. Stein.1989. Behavior of fish predators and their prey: habitat choice between
open water and dense vegetation. Environmental Biology of Fishes 24(4): 287-293.
Stephan, C. D. and T.E. Bigford.1997. Atlantic coastal submerged aquatic vegetation: a review of its
ecological role, anthropogenic impacts, state regulations, and value to Atlantic coastal fish
stocks. Atlantic States Marine Fisheries Commission, 77p.
Thayer, G. W., S.M. Adams, and M.W. La Croix.1975. Structural and functional aspects of a recently
established Zostera marina community. p. 518-540 in L.E. Cronin (ed.). Estuarine Research.
Academic Press, New York, NY.
RECEIVE®
OCT 2 8 2019
MP SECTION MHD
State of North Carolina I Division of Marine Fisheries
3441 Arendell Street I P.O. Box 769 1 Morehead Clty, North Carolina 285S7
252-726-7021
12
6
NORTH CAROONA
FIR•vnnndunil thidlur
September 16, 2019
MEMORANDUM:
V
L9
U Cl
L5 IIII
ROY COOPER
MICHAEL S. REGAN
htrcrrmry
BRAXTON DAVIS
Dir,,mr, Unvrlon a(('rmHul
Alonug"now
SEP 16 2019
kT & ENHANCEMENT
FROM: Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127`Cardinal Drive'Ext., Wilmington, NC 28405
Fax: 910-3953964 (Courier 04-16-33)
cou rtn ev.s pears(a>ncdenr. g ov
SUBJECT: CAMA/Dredgeand Fill Application Review
Applicant: Mark Yusko
Project Location: 116 Bridgers Ave., adjacent to Banks Channel & Topsail Sound
in Topsaiheeach, PenderCounty
Proposed Project: Proposal to dredge around existing docking facility
Please indicate below your agency'sposition or viewpoint on the proposed project and
return this form to Courtney. Spears at the address above by ;October 9, 2019 If you
have any questions regarding the proposed project, contact Jason Dail at (910j 796-7424
when appropriate, in-depth comments with• supporting data is requested.
REPLY: This agency has no objection to the:projectas proposed.
"Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves,of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT_NAI!A6__�IU(lX �r�jE;4lP'Q.� '
AGENCY 416DAE
RECEIVED
OCT 1 6 2019
11011"' SECTION MHO
Stato or North Carolina i Envimno, ntal Qwlityl Coasml 151anagemrnt
127 Cardinal Drive Ext.. Wilmington, NC 28405 919 796 7215
TO:
FROM:
THROUGH:
SUBJECT:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
STEPHEN W.MURPHEY
Director
MEMORANDUM:
Courtney Spears, DCM Assistant Major Permit Coordinator RECEIVED
Curt Weychert, DMF Fisheries Resource Specialist
Anne Deaton, DMF Habitat Assessment Manager OCT 1 6 2019
Mark Yusko Dredging Project MP SECTION MHD
DATE: September 17, 2019
A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the
CAMA Major Permit application for proposed actions that impact fish and fish habitats. The
applicant is proposing to dredge a basin area around a private docking facility. The project is
located at 116 Bridgers Ave. in Topsail Beach. The project is located within waters classified as SA
by the Division of Water Resources and open to the harvest of shellfish. The applicant is proposing
to dredge an area of 1,800 square feet. The dredge area ranges from -2 feet to -6 feet and is being
proposed to be dredged to a final depth of -6 feet. The proposed dredging will remove 126 cubic
yards of shallow bottom sand material. The dredge area also has submerged aquatic vegetation
(SAV) present.
North Carolina ranks second behind Florida in SAV presence (NCDEQ 2016; Funderburk et al.1991;
Sargent et al 1995). Observations since 2000 have indicated that SAV coverage in North Carolina is
expanding into previously unobserved areas, and declining in other areas. SAV is a vital component
to the estuarine system and is prime nursery area for many fisheries species, such as gag grouper,
flounder, red drum, black sea bass, weakfish and Atlantic croaker (Deaton et al. 2010). SAV
supports high diversity of foraging fish and invertebrates and provides valuable ecosystem services
as a primary producer and enhancer of water quality (Deaton et al. 2010).
SAV filters water, stabilizes sediment (Fonseca 1996; Stephan and Bigford 1997), and provides
refuge for juvenile finfish, crabs and shrimp (Savino and Stein 1989; Rooker et al.1998). SAV
supports a vast array of epiphytes and other sessile invertebrates that serve as a food source for
many fisheries species. Waters containing SAV have higher species richness and abundance than
those without SAV (Thayer et al.1975, Ross and Stevens 1992), and can improve water quality and
clarity through the filtration of water by the associated epiphytic community. SAV is recognized as
essential fish habitat for numerous fishery species due to the critical functions provided, including
primary production, structural complexity, modification of energy regimes, sediment and shoreline
stabilization, and nutrient cycling (Deaton et al. 2010).
For the above stated reasons, the DMF would object to any project which would have the direct
or indirect removal of SAV habitat. This project is proposing to do both. The drawings provided
by the applicant show that there are SAV beds within the proposed dredge footprint and DMF
historical aerial photography and SAV sampling data shows that the entire shoreline of the property
State of North Carolina I Division of Marine Fisheries
3441 Arendell Street I P.D. Box 769 � Morehead City. North Carolina 28557
252-72o-702i
to the docking facility has functioned as SAV habitat within the last 10 years. Dredging of the area
would also cause sloughing along the dredge footprint edges, permanently altering the benthic
elevation and negatively affecting the potential SAV habitat outside the project area. Additionally,
DMF has a history of opposing dredging of SAV on adjacent shoreline properties within the area.
Contact Curt Weychert at (252) 808-8050 or t W ychertCa_ ncdenrgov with further questions or
concerns.
Deaton, A.S., W.S. Chappell, K. Hart, J. O'Neal, B. Boutin. 2010. North Carolina Coastal Habitat
Protection Plan. North Carolina Department of Environment and Natural Resources.
Division of Marine Fisheries, NC. 639 pp.
Fonseca, M. S. 1996. The role of seagrasses in nearshore sedimentary processes: a review. p. 261-
286 in C. Roman and K. Nordstrom (eds). Estuarine Shores: Hydrological, Geomorphological
and Ecological Interactions. Blackwell, Boston, MA.
Funderburk, S. L., J. A. Mihursky, S. J. Jordan, and D. Riley. 1991. Habitat requirements for
Chesapeake Bay living resources. Habitat Objectives Workgroup, Living Resources
Subcommittee and Chesapeake Research Consortium with assistance from Maryland
Department of Natural Resources, Solomons, MD.
NCDEQ (North Carolina Department of Environmental Quality) 2016. North Carolina
Coastal Habitat Protection Plan Source Document. Morehead City, NC. Division of
Marine Fisheries. 475 p.
Rooker, J. R., G.J. Holt, and S.A. Holt. 1998. Vulnerability of newly settled red drum (Sciaenops
ocellatus) to predatory fish: is early -life survival enhanced by seagrass meadows? Marine
Biology 131(1): 145-151.
Ross, J. L. and T.M. Stevens. 1992. Life history and population dynamics of red drum (Sciaenops
ocellatus) in North Carolina waters. NC Division of Marine Fisheries, Morehead City, NC,
Marine Fisheries Research Completion Report Project F-29, 130p.
Sargent, F. J., T. J. Leary, D. W. Crewz, and C. R. Kruer. 1995. Scarring of Florida's seagrasses:
Assessment and management options. Florida Department of Environmental Protection, St.
Petersburg, Fl.
Savino, J. F. and R.A. Stein.1989. Behavior of fish predators and their prey: habitat choice between
open water and dense vegetation. Environmental Biology of Fishes 24(4): 287-293.
Stephan, C. D. and T.E. Bigford. 1997. Atlantic coastal submerged aquatic vegetation: a review of its
ecological role, anthropogenic impacts, state regulations, and value to Atlantic coastal fish
stocks. Atlantic States Marine Fisheries Commission, 77p.
Thayer, G. W., S.M. Adams, and M.W. La Croix. 1975. Structural and functional aspects of a recently
established Zostera marina community, p. 518-540 in L.E. Cronin (ed.). Estuarine Research.
Academic Press, New York, NY.
RECEIVED
OCi J 6 2019
POP SECTION MHO
State of North Carolina I Divislon of Marine Fisheries
3441 Arendell Street I V.O. Box 769 1 Morehead City. North Carolina 28557
252.726-7021
Bodnar, Gregg
From:
Mairs, Robb L
Sent: Thursday, November 07, 2019 8:55 AM
To: Bodnar, Gregg
Subject: RE: Projects
Gregg, please see below. Letters will follow through LF.
Thanks,
From: Bodnar, Gregg
Sent: Wednesday, November 6, 2019 11:03 AM
To: Mairs, Robb L <robb.mairs@ncdenr.gov>
Subject: Projects
Hey Robb,
Just checking in on a few...
Moorecoastal Investments: This will not require written approval (DWR#2019-1269).
Mark yusko: This will require written approval (DWR#2019-1234) through our GC 4175.
Wainwrights Slough: This will require written approval (DWR#2019-1032) through our GC 4175.
Joan and Glenn Petty: This will require written approval (DWR#2019-1287) through our GC 4175.
Thanks,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 215 (Office)
Greee.Bodnar@ncdenr.eov
Emoil correspondence to and from this address is subject to the
North Carolina Public Records Low and may be disclosed to third parties.
t
3
Bodnar, Gregg
From: Bodnar, Gregg
Sent: Tuesday, November 12, 2019 1:50 PM
To: Mairs, Robb L; Weychert, Curtis R, Dunn, Maria T.; 'Hair, Sarah E CIV CESAW CESAD (US)'
Subject: RE: Mark Yusko
Afternoon all,
I finally got in touch with the agent for the Yusko project. He will discuss concerns with applicant. FYI the 2004
withdraw of the application for Stanwick Shores (Magnabosco) was authorized to some degree (-3 MLW SAV condition)
though a major mod to Permit #60-05 on 7/16/13. SAW # 2004-00705 and BIMS # 08-0712 V4. I am extending the
project as of today but not putting it on hold as long as discussions proceed quickly.
Thanks,
Gregg
From: Bodnar, Gregg
Sent: Friday, November 08, 2019 8:53 AM
To: Mairs, Robb L <robb.mairs@ncdenr.gov>
Subject: RE: Mark Yusko .
I have contacted the agent to discuss but have not heard anything back. I'll let you know.
Gregg
From: Mairs, Robb L<robb.mairs@ncdenr.gov>
Sent: Friday, November 08, 2019 8:51 AM
To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Subject: RE: Mark Yusko
Gregg, have the dredge limits been reduced to address DMF's comments, and if so do you have the dimensions?
From: Bodnar, Gregg
Sent: Thursday, October 31, 2019 8:49 AM
To: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah. E.Hair@ usace.armv.mil>;
Mairs, Robb L <robb.mairs@ncdenr.gov>
Subject: FW: Mark Yusko
Hey all,
These are the comments that I have so far (DMF) and I have sent them to the agent. I want to check in with him since I
have not heard a reply and wanted to check in to see if you all had any comments to pass along as well.
Thanks,
Is
Gregg
From: Bodnar, Gregg
Sent: Monday, October 28, 2019 2:59 PM
To: mark@waltonengineering.net
Cc: Dail, Jason <jason.dail@ncdenr.eov>
Subject: Mark Yusko
Afternoon Mr. Walton,
DMF has sent in some comments (see above) requesting to limit the dredge footprint. I believe that DWR is in line with
these comments as well. State Commerce has requested consistency with DMF as well. These comments are in relation
to the area designated as SAV habitat by DMF.
Take a look at the comments and give me a call when you can to discuss.
Thanks,
Gregg
t"�D�EQ
Ptputana [®.ivnnc.i pwe}�
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 215 (Office)
Greee.BodnarOncdenr.eov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Charles Walters This was issued (DWR#2019-1755). Hard copy sent to applicant.
Pierce Development This was issued on 1/2/2020 (DWR# 2019-1654). Hard copy sent to applicant.
Asbury Beach HOA This will require written approval (DWR# 2019-1722)
Bogue Watch Unaware of this one. Is this a minor mod.?
Mark Yusko (on DWR hold) DWR# 2019-1234. This will require written approval.
Thanks as always,
G regg
Gregg godnu
D_E Q Assistant Major tarmacs Coordinator
Division of coastal Management
Department of Environmental Quality
252 US 2SO6 ext 2IS (Office)
Gregg. Bodnar@ntdgm gov
Email correspondence to and from this address is subject to the
North Carolina Public Records tow and may be disclosed to third parties.
Bodnar, Gregg
From:
Mairs, Robb L
Sent:
Monday, January 13, 2020 3:34 PM
To:
Bodnar, Gregg
Cc:
Benson, Tyler G
Subject:
RE: Projects
Gregg,
See below comments in blue next to applicants.
Thanks,
Robb Mairs
Environmental Specialist II
Division of Water Resources
North Carolina Department of Environmental Quality
910 796.7303 office
robb. mairsna.ncdenr. aov
https://deo. nc.eov/about/divisions/water-resources/water-resources-perm its/wastewater-bra nch/401-wetlands-buffe r-
ep rmits
127 Cardinal Drive Extension
Wilmin ton, NC 28405
awl
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Bodnar, Gregg
Sent: Friday, January 10, 2020 1:36 PM
To: Mairs, Robb L <robb.mairs@ncdenr.gov>
Subject: Projects
Hey Robb,
Got a list with some old ones on hold as well...
Arcadia Properties This will require written approval (DWR# 2019-1681). Hard copy to applicant will follow.
Old Seaport (the dredging has been removed) This will require written approval (DWR# 2018-1378v2). Hard copy will
follow to applicant.
Town of OIB This will require written approval (DWR# 2008-1373v2). Hard copy will follow to applicant.
Cyrus Sloan This will require written approval (DWR# 2019-1719). Hard copy will copy to applicant.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
January 22, 2020
Regulatory Division
Action ID No. SAW-2019-02120/116 Bridgers Avenue/Yusko
Mr. Jonathan Howell
Division of Coastal Management
North Carolina Department of Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Howell:
Reference the application of Mark Yusko, associated with new dredging activity around
an existing docking facility, located at 116 Bridgers Avenue, adjacent to Banks Channel and
Topsail Sound, in Topsail Beach, Pender County, North Carolina.
Specifically, the applicant proposes to dredge an area immediately surrounding the
docking facility, measuring 40 feet in length by 45 feet wide, by -3.5 feet deep, to a final depth
of -6 feet Mean Low Water (MLW) by bucket to barge method. Current water depths within the
project area range from -2 feet MLW to -6 feet MLW. Dredged material would be transported
by barge to a high ground site located at 1520 Carolina Boulevard in Topsail Beach.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report. We recommend that the following conditions be
included in the modification to the State authorization:
1. In order to further protect the endangered West Indian Manatee, Trichechus manatus,
the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and
strictly adhere to all requirements therein. The guidelines can be found at
http://www.fws.gov/nc-es/mammal/manatee guidelines pdf.
2. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety
-2-
Office at (910) 772-2191
3. All work authorized by this permit must be performed in strict compliance with the
submitted plans, which are a part of this permit. Any modification to these plans must be
approved by the US Army Corps of Engineers (USAGE) prior to implementation.
4.Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land -clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and circulation
patterns within waters or wetlands or to reduce the reach of waters or wetlands.
5. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in
the construction or maintenance of this project, within waters or wetlands. This permit does
not authorize temporary placement or double handling of excavated or fill material within
waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill
activities connected with this project.
6. 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 N.C. Division of Water Resources at (919) 733-
5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.
7.Unless otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source and will be clean and free of any pollutants except
in trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
S. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.
9.The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
10. The permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and wetlands
mil
outside the permit area. This shall include, but is not limited to, the immediate installation of
silt fencing or similar appropriate devices around all areas subject to soil disturbance or the
movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally,
the project must remain in full compliance with all aspects of the Sedimentation Pollution
Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4).
11. The activity will be conducted in such a manner as to prevent a significant increase
in turbidity outside the area of construction or construction -related discharge. Increases such
that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout
waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or
less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout
waters, are not considered significant.
12. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in
such time and manner as the Secretary of the Army or his authorized representative may
direct, restore the water or wetland to its pre -project condition.
13. Violations of these conditions or violations of Section 404 of the Clean Water Actor
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office,
Regulatory Division, telephone (910) 251-4049 or email at sarah.e.hair@usace.army. mi1.
Sincerely,
HA I R.SA RA H. E/1 Digitally signed by
HAIR.SARAH EA.1054693512
.1054693512 //- 0500020.01.2214;07:46
Liz Hair, Project Manager
Wilmington Regulatory Field Office
-4-
Electronic copy furnished:
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist -Water Protection Division
Mr. Gregg Bodnar/Ms. Tara MacPherson
North Carolina Department of Environmental Quality- Division of Coastal Management
Mr. Mac Haupt/Mr. Robb Mairs
North Carolina Department of Environmental Quality -Division of Water Resources
Mr. Pete Benjamin/Ms. Kathy Matthews
U.S. Fish and Wildlife Service -Fish and Wildlife Enhancement
Dr. Pace Wilber/ Ms. Twyla Cheatwood
National Marine Fisheries Service -Habitat Conservation Division
Bodnar, Gregg
From: Mairs, Robb L
Sent: Thursday, January 23, 2020 9:13 AM
To: Bodnar, Gregg; Benson, Tyler G
Subject: Re: Yusko
Gregg, we have issued this permit which is under review for signature. We'll send the notification through LF
and hard copy to the applicant. We've authorized it under DWR#2019-1234 through our GC 4175.
Thanks,
Ual-1-1
From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Sent: Thursday, January 23, 2020 8:03 AM
To: Mairs, Robb L <robb.mairs@ncdenr.gov>
Subject: Yusko
Hey Robb,
Just got Liz's signoff and I wanted to check in on the GC for Yusko. You had given me the BIMS number but had not
gotten sign off last time we spoke.
Thanks,
Gregg
�*DEQ
c�ur.�ema�n�
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
2S2 ON 2808 eM 21S (Office)
GmmBodnar@ncdenr. gov
Email comespandeaw to and from this address Is subject to the
North Carolina Public Records Low and may be dlsolosed to third parties.
DocuSign Envelope ID: B5FCA3DA-11CA-432B-A773-5CD9FFEF744r
f !i
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Mark W. Yusko
2121 North Lakeshore Dr
Chapel Hill, NC 27514
NORTH CAROLINA
Environmental Quality
January 22, 2020
DW R # 2019-1234
Pender County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Stanwick Shores (116 Bridgers Avenue — Topsail Beach, INC 28445)
Dear Mr. Yusko:
You have our approval, in accordance with the attached conditions and those listed below to
perform dredging activities around the existing docking facility, as described in your CAMA Major
Development Permit application, which was received by the Division of Water Resources
(Division) on September 16, 2019, sequential information received on January 22, 2020. After
reviewing your application, we have decided that the impacts are covered by General Water
Quality Certification Number 4175 (GC 4175).
This Certification allows you to use the General Permit No. 198000291 when issued by the US
Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal
Management. In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, Non -discharge, Water Supply Watershed, and stormwater regulations.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval requires you to follow the conditions listed in the attached certification and any
additional conditions listed on the following pages.
The Additional Conditions of the Certification are:
1. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee.
2. The applicant shall require his contractors (and/or agents) to comply with all of the
terms of this Certification, and shall provide each of its contractors (and/or agents) a copy
of this Certification.
IrT
JAN 2 4 2020
North Carolina Department of Environmental Quality I Division of Water Resources
W1lmhIgton Regional Office 1127 Canitrial Drive Extension I Wrlopt's 11 pq� p�
°��� 910.796.7215 t'�j C` � I �:.f M y° 1'
DocuSign Envelope ID: B5FCA3DA-11CA432B-A773-5CD9FFEF744D
3. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the Certification
for a specific project shall remain in effect for the life of the project, regardless of the expiration of
this Certification.
4. The applicant/permitee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State
and Federal law. If the Division determines that such standards or laws are not being met,
including failure to sustain a designated or achieved use, or that State or Federal law is being
violated, or that further conditions are necessary to assure compliance, than the Division may
reevaluate and modify this General Water Quality Certification.
5. All mechanized equipment operated near surface waters shall be inspected and
maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic
fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure
of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils. [15A NCAC
02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)]
6. The permittee shall report to the Wilmington Regional Office at (910) 796-7215 (after
hours and on weekends call 800-858-0368) any noncompliance with this certification, any
violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to
sediment impacts [15A NCAC 028 .0200]. Information shall be provided orally within 24 hours
(or the next business day if a weekend or holiday) from the time the applicant became aware of
the circumstances. A written submission shall also be provided within 5 business days of the
time the applicant becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance, and its causes; the period of noncompliance, including exact
dates and times, if the noncompliance has not been corrected, the anticipated time compliance
is expected to continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance. The Division may waive the written submission
requirement on a case -by -case basis.
Moratoriums
You will comply with any moratoriums per the NC Division of Marine Fisheries and the
NC Wildlife Resources Commission. Dredging moratoriums shall be observed as required
by the NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and
National Marine Fisheries. If such activities should take place during periods of high biological
activity (e.g. anadromous species and shorebirds), biological monitoring may be required at the
request of other state and federal agencies and coordinated with these dredging activities.
8. Please note that the area surrounding the project site contains submerged aquatic vegetation
(SAVs). No impacts to SAVs are authorized by this certification outside the approved impacts
specified herein. [15A NCAC 07H .0208(b)]
9. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for
Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range
between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3rif�i s geitI L
J A N 2 4 2020
DocuSign Envelope ID: B5FCA3DA-11 CA-432B-A773-5CD9FFEF744D
1.
natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if
turbidity exceeds this level due to natural background conditions, the existing turbidity
level shall not be increased. [15A NCAC 02B .0221]
10. Dredging shall not cause Shellfish Closures. The effluent water from the dredge spoil
should not be released into open shellfish waters. Marine Fisheries Shellfish Sanitation Section
and the Division of Water Resources must be notified if this is to occur.
11. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required
to return the enclosed certificate of completion form to the NCDENR DWR 401 and Buffers Unit
North Carolina Division of Water Resources,1617 Mail Service Center, Raleigh, NC, 27699 within
ten days of project completion (the certification of completion is also available at:
Violations of any condition herein set forth may result in revocation of this Certification
,and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A
petition form may be obtained from the OAH at htto://www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431-3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00
am and 5:00 pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5) business
days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc.):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
Bill Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
RECEIVED
JAN 2 4 2020
MP SECTION IWHD
DocuSlgn Envelope ID: B5FCA3DA-11CA-432B-A773-5CD9FFEF744D
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Resources under Section 401 of the
Clean Water Act. If you have any questions, please telephone Robb Mairs in the DWR Wilmington
Regional Office at 910.796.7303 or Robb. MalrS(Oincdenr.goy.
Sincerely,
000uftn<a by.
sue,
esneA�aacrooau...
Morelia Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosures: GC 4175
cc: Gregg Bodnar, DCM Morehead City Office, EC
Liz Hair, USACE Wilmington Regulatory Field Office, EC
Raymond Walton, Walton Engineering, EC
DWR 401 & Buffer Permitting Branch file-LF
WiRO
JAN 2 4 2020
PAID SECTION M14D
RECEIVED
DIVISION OF COASTAL MANAGEMENT SEP 2 4 2019
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Mark Yusko DCM-MHD CITY
2. LOCATION OF PROJECT SITE: Located at 116 Bridgers Ave., adjacent to Banks Channel
and Topsail Sound, in Topsail Beach, Pender County.
Photo Index — 2006:25-2567, L-M, 15-16
State Plane Coordinates — Lat: N 34°22'30.58" Long: W 77137'09.78"
3. INVESTIGATION TYPE: CAMA/Dredge and Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — Most recent: 9/10/19
Was Applicant Present — No
5. PROCESSING PROCEDURE: Application Received — completed on August 28, 2019
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Pender County
Land Classification From LUP — Conservation in the AEC and Limited Transition for
uplands
(B) AEC(s) Involved: ES, EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Residential
(E) Wastewater Treatment: Existing — None Planned - None
(I) Type of Structures: Existing — Bulkhead and docking facility
Planned - Dredge around the docking facility
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. E ABITAT DESCRIPTION: [AREA]
DREDGED EUIXD
OTHER
(A) Shallow bottom — SAV Habitat
1,800 sq ft.
(126 ydO)
(B)Non-Vegetated Wetlands
(openwater
Same as above
(C) Other
3,600 sq. ft.
High ground
(0.08 acres)
graded
(D) Total Area Disturbed: 5,400 sq ft (0.12 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: Yes
8. PROJECT SUMMARY: The applicant is proposing to dredge around the existing docking
facility.
RECEIVED
Mark Yusko
Page Two
9. PROJECT DESCRIPTION:
SEP 2 4 2019
DCM-MHD CITY
The project site is located at 116 Bridgers Ave., adjacent to Topsail Sound and Banks Channel,
in the Town of Topsail Beach, Pender County. To get to the project site from Wilmington, head
north on US Hwy 17 toward Jacksonville. At the intersection of US Hwy 17 and NC Hwy 210,
turn right onto NC Hwy 210 towards Surf City. Cross the AIWW (swing bridge) leading into
Surf City and turn right at the stoplight onto NC Hwy 50. Travel approximately 3.5 miles south
and turn right onto Rocky Mount Lane. Once on Rocky Mount Lane, take the first right onto
Bridges Ave. The property will be located at the terminal end of Bridgers Ave, on the western
side. The property is approximately 53' wide at the water's edge, and 150' deep (as measured
from the normal high water line to Bridgers Ave.).
With exception of an existing bulkhead and private docking facility, the property is vacant. The
site abuts the Stanwick Shores Subdivision which was originally permitted under CAMA Major
Permit #60-05, on April 28, 2005. The adjacent Stanwick Shores six -slip community dock
currently has an active dredging permit that expires on December 31, 2020. According to the
application package, the project site is approximately 0.40 acres (17,859 sq. ft.) and contains
native lawn grasses along with few Live Oaks. A fringe of Coastal Wetlands (consisting
predominantly of Smooth Marsh Cordgrass) extends from the bulkhead a distance of
approximately 60'-65' toward the west. Elevations at the site average 4.0', relative to the normal
high water line. According to the site plan drawings, existing water depths adjacent to the current
docking facility range from -2.0' to -6.0' @ mean low tide (mlw).
The waters of Topsail Sound and Banks Channel, adjacent to the proposed project area, are
classified as "SA" by the Division of Water Resources. This section of Topsail Sound is NOT
designated as a Primary Nursery Area by the Division of Marine Fisheries. According to maps
provided by Shellfish Sanitation, the area is OPEN to the harvesting of shellfish.
Additionally, the entire area surrounding the project site has been confirmed (by the NC Division
of Marine Fisheries) as Submerged Aquatic Vegetation (SAV) habitat area, and either contains,
or has previously contained beds of SAV. The site plan drawing(s) provided with the application
package depict two distinct areas of existing SAV landward of the proposed dredge footprint,
one established bed being located on either side of the existing pier.
PROPOSED PROJECT:
The applicant is proposing to incorporate new dredging around the footprint of the private
docking facility (i.e. new boat basin).
It should be noted the adjacent property owner to the south (Paul Magnabosco for Stanwick
Shores HOA) requested authorization for dredging activities around their community docking
facility in the past; however, negative comments from several resource agencies prompted the
RECEIVED
Mark Yusko
Page Three
SEP 24 2019
DCM-MHD CITY
applicant to voluntarily withdraw the dredging portion of the project from the previous CAMA
permit application. Specifically, Fritz Rhode (formerly with NCDMF) responded to the initial
dredging request with the following comments in a Memorandum to the Division of Coastal
Management on May 23, 2004. The comments of that memorandum read as follows: "Per
General Statute 113-131, the Division of Marine Fisheries recommends denial of the above
permit. During a site visit, numerous (more than 24) patches of submerged aquatic vegetation
(SA iq were observed in the footprint of the proposed dredging. These patches ranged in size
from less than ]flin diameter to over 6 ft. in diameter..... Without dredging, the water depths
are too shallow to permit docking without causing negative impacts to the SAVs..... At the time of
the site visit (low water),depths throughout much of the project were 12" or less...... It is the
position of the Division of Marine Fisheries that the dredging and/or the docks without dredging
would have significant adverse impacts to this important coastal fish habitat and to coastal
fisheries resources using this habitat. "
In addition to the negative comments received from the Division of Marine Fisheries, the NC
Division of Water Resources also recommended denial of the dredging of SAVs in the project
area and the NC Wildlife Resources Commission requested that the "dredging footprint shall be
modified to avoid disturbance to all SAV".
With that said, it appears the applicant's proposal would avoid any established beds of SAV;
however, it has been determined previously, that the area adjacent to the project site is
considered to be SAV habitat.
The dredging portion of this project would include removing approximately 1,800 sq. ft. of
shallow bottom SAV habitat area, which according to the application package, was surveyed in
June 2018. The dimension of the proposed project area measures 40' (L) x 45' (W) x-3.5' (D),
giving a total dredged volume of 126 cubic yards. Current water depths in the vicinity of the
proposed dredge footprint range from -2.0' at Mean Low Water (MI.W) to -6.0'@ MLW. The
application states that the dredge footprint would have a 45° taper around the perimeter of the
cut, to a final depth of -6.0' @ MLW. The applicant states the project has been designed to avoid
impacts to SAV; however, the footprint of the dredge cut borders a well -established SAV bed.
The application states that a barge mounted excavator would be used to dredge around the
docking facility and material generated from the project would be transported off -site (via barge)
to a designated disposal site located at 1520 Carolina Boulevard, Topsail Beach (located
approximately 2.0 miles south of the project site. The applicant has received approval from Brent
Ellmer (owner of 1520 Carolina Blvd), allowing deposition of material along the property.
Dimensions of the proposed spoil deposition area measure approximately 6O'(w) x 6010),
providing a total footprint of approximately 3,600 sq. ft. As proposed, all spoil material would be
deposited outside of the 30' Coastal Shoreline Buffer. There are no "404" type or Coastal
Wetlands located within the boundaries of the proposed disposal site.
Mark Yusko
Page Four
10. ANTICIPATED E%IPACTS
According to the application package, a private SAV survey was conducted at the property in
June 2018. Additionally, historical surveys have been conducted in the vicinity of the property
by both Yd parties as well as NCDENR staff. The results of the surveys, in addition to DMF's
site visits, clearly define the presence of SAV in the vicinity of the proposed project. Similarly,
the entire area within the project boundary has been defined as SAV habitat area by the NC
Division of Marine Fisheries. Dredging within this area would impact approximately 1,800 sq. ft.
of shallow bottom SAV habitat (at a minimum) and deposition of dredge spoil material could
impact up to 3,600 sq. ft. of previously disturbed high ground. No Coastal or "404" type
Wetlands would be impacted or affected as a result of the project.
Submitted by: J. Dail Date: September 11, 2019 Office: Wilmington
RECEIVED
SEP 2 4 2019
DCM-MHD CITY
Site Location Map
116 Bridgers Ave RECEIVED
RECEN -Psail Beach, NC
SEP 2 4 2019
Reproduction of USGS Hampstead AUG 2 S 2019
Figure Quadrangle DCM-MHD C11
Pee er Series
(To og UCM WIL INGTON, NC
ZS Minute Series (Topographic)
WALTON ENGINEERING
WALTON ENGiNEERIN
July 15, 2019
Mr. Jason Dail
NCDEQ Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Mark Yusko, CAMA Major application
Dear Jason,
Enclosed is the application for the Yusko CAMA major permit. This resubmittal contains all the
information requested in your email dated 3/20/19. The proposed project consists solely of
dredging the area directly beneath the boat lift on the north side of the pier and on the south side
of the pier. The pier, lift and dock are already permitted and constructed. The attached plan
shows the as built pier and lift with the proposed dredging area
The proposed dredge area as shown in the plan is in a 44.5' by 46. P area. At a maximum depth
of -6.0' mlw for a total volume of 126.8 Cubic Yards. The perimeter of the dredge area will be
sloped at 45 degrees to avoid sloughing to further avoid impacts to the SAV. Dredging will be
done by shovel mounted on a barge. The anticipated spoil disposal area is at nearby 1520
Carolina Blvd. A letter of permission to deposit the dredge spoil is included in the application
package.
The existing beds of SAV shown on the plan were surveyed on June 19, 2018. None of the
proposed work will encroach on these SAV beds.
The sound bottom was re -surveyed in May 2019. The survey was done by Daniel H. Thompson,
NC Registered Land Surveyor. A new site plan and cross -sections were prepared to reflect
current conditions. The sound bottom has filled in significantly as a result of Hurricane Florence.
It is no longer possible to launch a boat during low tide. The original survey is included for
comparison.
We researched "normal low water" and couldn't find any information or definition of the term.
So we have indicated water depths as a negative depth at mean low water (mlw).
If you have any questions, please call me at 910-617-2975 or Mark Walton at 9104704801. RECEIVED
Sincerely, SEP 2 4 2019
� pv DCM-MHD CITY
• Y �^'� RECEIVED
R. Mark Walton
AUG 2 8 2019
Tel: 910-259-4800 PO Box 895, Burgaw, North Carolina, 28425
DCM WILMINGTON. NC
ROY COOPER
Govemr
MICHAELS.REGAN
S—Eftvy
BRAXTON C. DAVIS
uaacmr
Walton Engineering
Attn: Raymond Mark Walton
PO Box 895
Burgaw, NC 28425
Dear Mr. Walton:
NORTH CAROLINA
Environmental Quality
September 11, 2019
The Division of Coastal Management hereby acknowledges receipt of your application,
acting as agent for Mark Yusko, requesting authorization under the Rules of the N.C. Coastal
Resources Commission for development activities at 116 Bridgers Avenue, adjacent to
Banks Channel and Topsail Sound, in Topsail Beach, Pender County. It was received as
complete on August 28, 2019 and appears to be adequate for processing at this time. The
projected deadline for making a decision on your permit application is November 11, 2019.
An additional 75-day review period is provided by law when such time is necessary to
complete the review. If you have not been notified of a final action by the initial deadline
stated above, you should consider the review period extended Under those circumstances,
this letter will serve as your notice of an extended review. However, an additional letter
will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from August 28, 2019, you
may request a meeting with the Director of the Division of Coastal Management and permit
staff to discuss the status of your project Such a meeting will be held within five working
days from the receipt of your written request and shall include the property owner,
developer, and project designer/consultant
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the
proposed development Enclosed you will find a "Notice of Permit Filing" postcard which
must be posted at the property of your proposed development You should post this notice
at a conspicuous point along your property where it can be observed from a public road.
Some examples would be: Nailing the notice card to a telephone pole or tree along the road
right-of-way fronting your property, or at a point along the road right-of-way where a
private road would lead one into your property. Failure to post this notice could result in
an incomplete application.
RECEIVED
�FQ SEP 2 4 2019
DCM-MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Carchmi Drive Extemlon I Wlimmgtol North Cardhia 28405
910.796.7215
Mr. Walton
Page 2
An onsite inspection will be made, and if additional information is required, you will be
contacted by the appropriate State or Federal agency. Please contact me if you have any
questions and notify me in writing if you wish to receive a copy of my field report and/or
comments from reviewing agencies.
Sincerely,
a
J on Dail
ield Representative
cc: WiRO - file
Liz Hair, USACE
Robb Mairs, DWR
Maria Dunn, NCWRC
RECEIVED
SEP 2 4 2019
DCM-MHD CITY
I(0W
NOT
N
N V
a
CAMA PERMIT
APPLIED FOR
PROJECT:
er
COMMENTS ACCEPTED THROUGH October 09 2019
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Mark Yusko
2121 North Lakeshore Drive
NC Div. of Coustal Manavement—
Chapel Hill, N ,
1 -
AGENT: Raymond Mark Walton (910) 470-4801
0
NORTH CAROLINA
E..asnnmenral oualln
September 13, 2019
Advertising@stamewsonline.com
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice for:
• Sondra Vitols / New Hanover County
• Robert Reif / Pender County
• Batts Properties, Inc. / Pender County
• Mark Yusko / Pender County
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director, Division of Coastal Mmmgemenr
Hello Angie: Please publish the attached Notice in the Wednesday, September 18, 2019 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for
newspaper advertising.
Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management,
127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy
Springer, (Customer No. 70100342).
Please email a copy of the credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington
office.
Lq-R'P�-'
Support & Customer Assistance
cc: MHC Files
Courtney Spears - WiRO
USACE
RECEIVED
SEP 2 4 Z019
State of North Carolina I Environmental Quality I Coastal Management
127 CardizW Drive Eat., Wihnington, NC 28405 919 796 7215 DC M-M H D CITY
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-
119(b) that the following applications were submitted for a development permits in Areas of Environmental
Concern as designated under the CAMA: On September 9, 2019, Sondra KIM& proposed to install a boat lift to
an existing docking facility at 8208 Bald Eagle Lane, adjacent to AIWW & Middle Sound, in Wilmington,
New Hanover County; on September 3, 2019, Robert Reif proposed to replace a failing bulkhead at 709 Hughes
Rd., adjacent to Mill Creek, in Hampstead, Pender County; on September 11, 2019, Batts Properties, Inc.
proposed to install a six -slip docking facility & boardwalk at 602 Roland Ave., adjacent to Topsail Sound, in
Surf City, Pender County, and on August 28, 2019, Mark Yusko proposed to dredge at an existing docking
facility at 116 Bridgers Ave., adjacent to Banks Channel & Topsail Sound, in Topsail Beach, Pender County.
Copies of these applications can be examined or copied at the office of Jason Dail, N.C. Dept. of Environmental
Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7221
during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, NC 28557-3421, prior to October 9, 2019 will be considered in making the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies. Notice of
the permit decision in these matters will be provided upon written request.
RECEIVED
SEP 2 4 2019
DCM-MHD CITY
WALTON ENGINEERING
Agent Authorization
March 6, 2019
To Whom it May Concern,
I hereby authorize Walton Engineering (and employees of Walton Engineering) as my agent to apply
for modification of my CAMA Permit.
Sincerely,
mm"- �d
Mark Yusko
RECEIVED
SEP 2 4 2019
DCM-MHD CITY
RECEIVED
Tel: 910-259-4800 PO Box 895. Burgaw, North Carolina 28425 AUG 2 S 2019
DCM WILMINGTON, NC
02/JUV2019 11:24:25 Winn ACH General Surgery 912-435-3532
1/1
June 30, 2019
NC DEQ
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 284.05
To Whom It May Concern,
I hereby grant permission to Mark and Stacey Yusko to place 126 cubic
bottom dredge spoil. on my lot at 1520 Carolina Blvd., Topsail -Beach, N,
4202-82-8819-0000).
The dredge spoil will come from maintenance dredging around the
2, Stanwick Shores, Topsail Beach, NC,
Brent Ray,
122 Kings
Dunn, NC
+/- dclean sund-
ider:ounty IN
pier and dock a Lot
Ellmer
Dr.
20
RECEIVED
SEP 2 4 2019
DCM-MHD CITY
RECEIVED
AUG 2 8 _019
DCM WILMINGTON, NC
Complete items 1, 2, and 3. '
Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
tiib'J n tJ C-
29 33 4-
IIIIIIII111111IIIII IIIIIIE 11111111111111111111
9590 9402 4782 8344 8619 15
Article Number ?rwns� • n..»..••
8 1130 0002 0003 0185
t Form 3811. July 2015 PSN 7530-02-000-9053
aced wnley o!lsewoC
AAg8D Paloplseti
AmAipa palolnsau fiuW peneul ❑
ogeuuyuo0 anieuBiS 0
I.N pansul ❑
ogeuuyuoo anleubis ❑
Alenryea Paloplsay A, A!Ie0 uo loalloD ❑
eslPue4oie1`4
AIaAIISO uo toesoD
joq ldle0e9 wnle9 ❑
"Al lla POP.q U I!aW pay!
A»A�IeO
®IISW Pey!pa
4111 Pwelsl ey ❑
Areytso poloplse9 elnleuB,S lln;
n IIeW PerelslBey 0
e mvOIS llnpy ❑
lesserdxa IIeW AppPd ❑
aclAt eouuaS 'S
X \W �\t L 1 � 11 Agent
❑ Addre❑ Addre
B. Received by (Printed Name) C. ate of Deli
-1i1
D. Is delivery address different from Item 17 ❑ Yes
If YES, enter delivery address below: ❑ No
Service Type
❑ Priority Mail Express®
Adult Signature
❑ Registered MaIP"
Adult Signature Restricted Delivery
❑ Re gisteed Mail Restricted
ICertifieo Mail®
Dal,, y
Certified Mall Restricted Delivery
❑ Return Recelpt for
Collect m Delivery
Memhandise
Collect m Delivery Restricted Delivery
D Signature Confirmation*a
Insured Mail
❑ Signature Confirmation
Insured Mail Restricted Delivery
Restricted Delivery
Domestic Return Receipt I.
e906-ooD-ZD-OM NU 9tOZ Alnr' L LSE waoj sit
'C91[0 E000 2000 DE2'C 9TO
9V 6 L98 VVE9 Z8L17 M16 0696
11111111111111IN IIIII I111111111111111111111
`ZQ�6�
Vd
o :ma sswppe boAl a Je ue'
N ❑ Ie9 I P 1 S3A;I
si p L t wall wit! 11A8!efy!P sseli fdaAllep sl '0 �:ol Pesse,Ppy eIDIYV • l
'sl!wued goads;! luod; e4l uo Jo
ApeD;0 Olga 'C (aufflN Palupd) Act penleoa .8 'eoeidllew e41;o 4oli el of pAeo s1414aii ■
reetppy ❑ 'noA of pARo a4; udnled ueo am 1e41 os
lui 0 X OSAGABw e4l ap ssblppe pus eweu moA lupd ■
a,njeu5ig v 'gpute 'Z It swell eleldwop ■
t
a 8
jai
£� °B5
m
000 0 ❑0
8
S
5
'9 m; HAA
w a,22 `SL
NgB� $3�2b
1h000aoc 1
1
M
un
ra
r
U
�rn
r
C3
ti
O 'z
=00
m
CV)
J
I
r3
v
'J
E�A� N
` ru
V
N
O
_=r
rn
C3
M
_Q
zit
a
C3
U
Z
Z
O
W
CID
z
W
U
cat
U
w
C
"
0
>
_
E—U
cl
U
w
U
0
Z
is
r-,
C3
0
m
0
O
G
ru
O
0
0
m
,a
a
m
C3
0
M1
a
.n
0
m
0
0
0
ru
0
0
C
C3
m
a
m
a
r-
M1
Ln
so
0
m
0
0
0
ru
C3
O
O
0
m
a
a
m
0
M1
HMO �i c J 14A L
Mil " $3.50
80
$
Wrtmc.odM
Mow
❑wemwe.ppmq +
POM,yrk
QfiW..W Mb,Eory {
QMt{IpW..pp{.E {
QIbIB�..RIr\fGOi�Y+
i
/15/2014 y
$0.70 `m
77.00
-------------
„r G,
PSForos3800,A1612C- See Reverse for JpSt;�Ij
Postal
MAIL(` RECEIPT
DomesticCERTIFIED
Wil }
t 3AL USE
c""'°""•""° $3.500480
Hm
QMII+VI,.w iY•i.E i
QIb11�W.M1,•Yftl OM•y i
$0.70 N s�
03/15R
iarff. 2 �
Ssrt To
Yon
-8llnsl
U.S. Postal Service"'
CERTIFIED ,.,
RECEIPT
Domestic
ELIZABETHTOWN', NG 2i4337
C*rfif tl Mmi Fee $3.50
480
+ e en1
8 I�eoc.ee..
s_
QG16tlWwr,•,eawy +
Pay
{jMJ�
F
$0.70
bag 311
sr 00
s
"WITn
X. N ---------------------------------
I
RECEIVED
SEP 2 4 2E19
DCM-MHD CITY
RECEIVED
AUG 2 8 2019
DCM WILMINGTON, NC
9/30/2019
USPS.com® - USPS Tracking® Results
USPS Tracking®
Track Another Package
FAQs >
Tracking Number: 70181130000200030161 ?4167-u Remove X
Your item was delivered to an individual at the address at 1:40 pm on March 18, 2019 in WEST
CHESTER, PA 19382.
G Delivered
March 18, 2019 at 1:40 pm
Delivered, Left with Individual
WEST CHESTER, PA 19382
Tracking History
Product Information
See Less./\
U
CD
CD
n
Q
N
0
Tracking Number: 70181130000200030154 e)QhVilck Remove XC-wx?5 *(k
Your item was delivered at 1:55 pm on March 21, 2019 in OAK RIDGE, NC 27310.
--- i✓, ilnli�inrnrl - ------
__-hftps!/tools.usps.com/go/rrackConfirmAction?tReYfullpage&tLc=3-&text28777=&tLabels=70181130000200030161%2C70181130000200.0301&4y92C_. 1/2
9/30/2019 USPS.com®- USPS Tracking® Results
v vcurv�vu
March 21, 2019 at 1:55 pm
Delivered
OAK RIDGE, NC 27310
See More \/
Can't find what you're looking for?
Go to our FAQs section to find answers to your tracking questions.
FAQs
m
m
CD
rs
Q
N
0
x
hltpsl/tools.usps.comlgorrrackConfirmAction?tRef=fullpage&tLc=3&text26777=&tLabels=701611300002001130.16l%2C70161130000200030154%2C 212
Dail, Jason
From: Dail, Jason
Sent: Tuesday, July 23, 2019 7:49 AM
To: 'Mark Walton'
Subject: RE: [External] Yusko Maintenance Dredging
Good morning Mark. I have received the application package for the Yusko's and believe I have all required information
with exception of a few minor details which I think you can easily resolve. Once you have included the items below,
please submit 27 copies of each drawing larger than 11" x 17".
*On Sheet 1 of 3, please include the address of the subject property.
*On Figure 3 of 3, please show a containment area for the proposed fill.
*1 do not see a Sheet 3 of 3.... Am I missing a drawing? If not, please correct the drawing numbers on the plans
submitted.
*The 2018 "Sound bottom survey" is not necessary as long as the existing site plan depths are accurate. You may or may
not omit Sheet Sl.
Let me know if you have any questions. Otherwise, I'll look for the revisions in the near future.
Take care,
Jason
Jason Dail
Field Representative
NC Department of Environmental Quality
NC Division of Coastal Management
117 Cardinal Drive Ext.
Wilmington, NC 28405
Phone: (910)796-7221, Fax: (910)395-3964
Jason. Dail@ncdenr.aoA0 - -��hmqcomwe�_
'E-mail correspondence to and from this address
may be subject to the North Carolina Public
Records Law and may be disclosed to third parties.
From: Dail, Jason
Sent: Thursday, June 27, 2019 2:29 PM
To: Mark Walton <mark@waltonengineering.net>
Subject: RE: [External] Yusko Maintenance Dredging
27 sets for final. However, I'd encourage you to send me one set for review prior to printing off 27 copies just in case
there are comments and/or corrections.
Thank you, RECEIVED
Jason
Jason Dail SEP 2 4 2019
DCM-MHD CITY
Field Representative
NC Department of Environmental Quality
NC Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC28405
Phone: (910)796-7121, Fax: (910)395-3964
Jason. Dail@ncdenr. gov
KC /?"t tii q Comwes .
*E-mail correspondence to and from this address
may be subject to the North Carolina public
Records Law and may be disclosed to third parties.
From: Mark Walton <mark@waltonengineerine.net>
Sent: Thursday, June 27, 2019 1:40 PM
To: Dail, Jason <jason.dail@ncdenr.eov>
Subject: [External] Yusko Maintenance Dredging
Jason,
How many copies of the plans do you need?
Thanks,
Mark
This email has been checked for viruses by Avast antivirus software.
www.avast.com
RECEIVED
SEP 2 4 2019
DCM--MELD CITY
•���
PENDr ER COUNTY RC
03/02/2007
$2230.00
Front,
N%IJNA
Real Estate
Excise Tax
The attorney preparing this instrument has made no record
search or tide examination as to the property herein
described, unless the same is shown by his written and
signed cemfieete—'\
Excise
Return
Prepared by: Biberstein & Nunalee,A
Brief Desc. for the Index
FILED
071IA,R-2 PH 1.27
O'CYCE H, SWICE000D
REGISTER Of DEEDS
PEHOER COUNTY, NC
IK3I75PG322
:5-z—
PIN 0q013 -6 -0dtf
DATE 3 D U-1
Recorded and V
Joyce I& Swiceg
Register of Deeds
Book and Page Pender County,
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this t! day of March, 2007 and between:
GRANTOR GRANTEE
Paul W. Magnabosco and wife, Susan K. Magnabosco Mark W. Yusko and wife, Stacey M. Yusko
Grantee as
parties.
include singular, plural, masculine, feminine or neuter as required by context.
successors
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot
or parcel of land situated in Topsail Township, Pender County, North Carolina and more particularly described as follows:
Being all of Lot 2 as shown on a map entitled "Revised Final Plat of Stanwick Shores", recorded in Map
Book 37 at Page 71 of the Pender County Registry, reference to which is hereby made for a more
complete and accurate description.
The property hereinabove described was acquired by Grantor by instrument recorded in Book 2279, Page 113.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the
Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey
the same in fee simple, drat tide is marketable and free and dear of all encumbrances, and that Grantor will warrant and defend
the tide against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. RECEIVED
RECEIVED
AUG 2 8 2019
SEP 2 4 2019
DCM WILMINGTON, NC
DCM-MHD CITY
Title to the property hereinabove described is subject to the following exceptions: o
1. Restrictions recorded in Book 2279, Page 117, Pender County Registry. Ull i3 17 5 PG 3 2 3
2. Ad valorem taxes for the year 2007.
3. Routine utility easements and highway rights of way.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be
signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors,
the day and year first above written,
P. Jt W' (SEAL)
p7��-ul W. Ma �osco�l�
`�+ 1(joIL�tq ° G�SEAL)
Susan IC Magnabosc
STATE OF NORTH CAROLINA
COUNTY OF Vender
1, Notary Public in and for the aforesaid County and State, do hereby certify that Paul W.
Magnabosco and Susar . Magnabosco personally appeared before me this day and acknowledged to me that he/she voluntarily
signed the foregoing document for the purpose stated therein.
Witness my hand and notarial seal this the 2nd day of March, 2007
Xlln, A � 4.
Notary PublicMy Commission Expires: 6161>�10 ,w.
FAKim's Core) 8 NI W WWteds 2007\yusko.m gnabosco.wpd
OFFICIAL SEAL
Notary Public, North Caroilna
County of ParMer
KIMBERLY F. SANDERS
North Carolina General Warranty Deed prepared by:
Diberstein 6 Nunalee, Attorneys at Law Page 2 of 2
RECEJVED
SEP 2 4 2019
Df1,A-hAHD CI
RECEIVED
AUG 2 8 2019
DCM WILMINGTON, NC
Major Permit Fee Schedule
Project Name: (VNMt�_ \'Us" county: VWf>r-,w_
-i�jj -440n
Check No & Amount:
Development Type
Fee
DCM %
DWQ %
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
$250
100% ($250)
0% ($0)
excavation of any wetlands or
open water areas:
II. Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas:
III. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine if A,B, C, or D below applies:
III(A). Private, non-commercial
development, if General Water Quality
$250
100% ($250)
0% ($0)
Certification No. 4175 can be applied:
III(B). Public or commercial development,
if General Water Quality Certification
$400
100% ($400)
0% ($0)
No. 4175 can be applied:
III(C). If General Water Quality
�\
Certification No. 4175 could be applied,
but DCM staff determined that a . at
review and written DWQ concurr is
$400
60% ($240)
40% ($160)
needed because of concerns related to
water quality or aquatic Iffe:
III(D). If General Water Quality
Certification No. 4175 cannot be applied.
$400
60% ($240)
40% ($160)
IV. Development that involves the filling
and/or excavation of more than one acre
$475
60% ($285)
40% ($190)
of wetlands and/or open water areas:
RECEIVED
SEP 2 4 200
DCM-MHD CITY
NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: Banks Channel
Fee: �171 L_UVED
CDAITS TS J n�
rdi
Applicant: Mark Yusko
Agent/Contractor: Raymond Walton
Project Site County: Pander County
Staff: Jason Dail
District: Wilmington
Project Name: Yusko Pier Dredging
Rover File: n/a
River Basin: White Oak
Initial date of application submittal: 8-28-19
Date application "received as complete' in the Field office:
SITE DESCRIPTION/PERMIT INFORMATION
w
ORW: ❑Yes RINO PNA: ❑Yes o
Photos Taken: Yes ❑ No
Setback Required (riparian): DYes JUNo
cribcal Habitat: ❑Yes No Not Sure
15 foot waiver obtained: Yes o
Hazard Notification Returned:
❑Yes Wo
SAV: Yes ❑No ❑Not Sure
Shell Bottom: ❑Yes ❑No Not
Temporary Impacts: JoYes No
Sure
Sandbags: ❑Yes No ❑ Not Sure
Did the land use classification come
Mitigatin Required (optional):
from county LUP:,k'es ❑No
❑Yes KNo
Moratorium Conditions:
Envirorpental Assessment Done:
Len th of Shoreline:
❑YeNo ❑NA
lePE FT
Yes ❑No ❑NA
Shellfish Area Designation:
Project Description: (code)
Development Area: (code)
or- Closed
SECONDARY WATER CLASSIFICATION- OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS)
Nutrient Sensitive Waters (NSW)
❑ Swamp Waters (SW)
High Quality Waters (HQW)
❑Outstanding Resource Waters (OR"
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
(SS) Glasswort ( Salicornia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marshh-cordgrass (Spartina
C1 (SY) Salt reed grass (Spartina
altemiflora)
cynosuroides), ••' .r
[I(DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Sclrpus
❑ (TY) Cattail (fypha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncus
(SP) Salt/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
III(A) Private w/ D&F up to 1 acre; 3490
❑ III(D) Priv. public or oomm w/ D&F to 1
can be applied - $250
acre; 4144 can't be applied - $400
❑ Minor Modification to a CAMA Major
Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
Permit Transfer - $100
® III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 4144 can be applied - $400
Major development extension request -
El II. Public or commercial/no dredge
$100
and/or fill - $400
I. Private no dredge and/or fill - $250
III(C) Priv. public or comm w /D&F to 1
acre; 4144 can be applied; DCM needs
DWQ agreement - $400
7Y
Nark Yusko
Date: 8-28-19
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
New Wo
Replace
r ,
Y
Maint ❑
❑ Y kN
New Work o
Replace
Maint ❑
❑ Y ❑ N
a .
New Work
Replace ,1
Maint ❑
❑ Y ❑h
r
o
Replace
tiWork
nt❑
El ❑N
N
New Work El
Replace
Maint ❑
❑ Y ❑ N
New Work-0
Replace
'Adaint ❑
❑ Y ❑ N
New Work ❑
Replace
' Maint.
❑ Y ❑ N
Work 0
Replace
Maint ❑
❑ Y ❑ N
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet
TOTAL Sq. Ft
FINAL Sq. Ft
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
temp impacts)
impact amount)
temp impacts).amount
Dredge ❑ Fill Both ❑ Other ❑
Dredge Fill ❑ Both ❑ Other ❑
g o
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
919-733-2293 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 10112JOS
Course
L27
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
G
n
z
O
z
z
n
A\`/ GNPNNE�
VP\VrS °�s Ed9s
PPPC f f ds��h°nos\
e
Bearing
N 53.45' 14" E
N 67.10132" E
N 70.38126" E
N 45.27130" E
N 87.41138" E
N 65.37'38" E
Bearing
S 59°13'15" W
S 76°28'31" W
N 49'54'49" W
N 19023'18" W
N 85*02'12" W
S 64003'26" W
S 44°25'36" W
S 19'50'39" E
S 57'25'40" E
S 46*21'15" W
S 49'36'47" W
v
0
� m
0 N
0
Distance
16.06'
19.38,
14.59'
28.37'
11.10,
41.11'
21.23'
26.98'
15.34'
19.26'
22.20'
FOOTPRINT
OF DREDGE
Props of Nicholas C
1alczuck i
DB 3959 PG 205
LEGEND
Piling
Property Line
Building Setback
Submerged Aquatic
Vegetation
PROPOSED PROJECT
AREA
Area to Dredge to —6' MLW.
44.5' x 46.1' x 40' x 3.78' deep of material(average)
with 45' slope sides.
Area = Approximately 126.8 Cubic Yards
NOTE: ALL WATER DEPTH CONTOURS
SHOWN AT MEAN LOW TIDE (MLW)
SURVEYED MAY 2019
Property of Vicky M
K \ Lanier
DB 4118 PG 103
Pro erty of Mark Yusko
BB 3175 PG 322
116 Bridgers Ave., , Q
Topsail Beach, NC
28445
06
'\att�N"'
off\
�\
Property of William
,,� �, .fig • Blount Snyder
�B 4659 PG 0813
Property of Sanford R RECEIVE
Jordan Jr.
DB 4657 PG 0943 AUG 2 6
DCM WILMINGT
J, NC