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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. 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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