Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
60-05 Minor Mod. 03/2008 Magnabosco, Paul & Susan
Permit Class Permit Number MODIFICATION/1VIINOR 60-05 STATE OF NORTH CAROLINA P De artment of Environment and Natural ResourcesVE and h Coastal Resources Commission y P 0 3 20 0 $ �rn�it Morehead C' Dcr for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 x X Excavation and/or filling pursuant to NCGS 113-229 Issued to Paul & Susan Magnabosco, 3306 Tipton Ct.,Wilmington,NC 28409,for Stanwick Shores S/D Authorizing development in Pender County at adj. to Banks Channel and Topsail Sound, on Bridger's St., in Topsail Beach as requested in the permittee's letter dated 1/21/07 This permit, issued on March 18. 2008 is subject to compliance with the application(where consistent with the permit),all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) Unless specifically altered herein, this minor modification authorizes the construction of boatlifts in each of previously authorized boat slips. No other additional structures, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) This modification shall be attached to the original Permit No. 60-05, which was issued on 4/28/05 and f both documents shall be readily available on site when Division personnel inspect the project for compliance. 3) All conditions and stipulations of the active permit remain in force under this minor modification unless yx( specifically altered herein. Y Y This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. U ` James . Gregson, Director Any maintenance work or project modification not covered �' „lvision of Coastal Management hereunder requires further Division approval. All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2008 In issuing this permit, the State of North Carolina agrees �� that your project is consistent with,t. a North Carolina Coastal I aC Management Program. Signature of Permittee ,¢( r AMA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor James H. Gregson, Director William G. Ross Jr., Secretary March 19,2008 Paul and Susan Magnabosco 3306 Tipton Court Wilmington NC 28409 Dear Mr. &Mrs.Magnabosco: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff- colored form) and the Xerox stamped "Copy". Return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Please retain the original (buff-colored form),as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. t From time to time, Department personnel will visit the project site. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, PVC7& V Douglas V.Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT CORPS OF ENGINEERS R o.aox 1890 APR © 7 Z008 WILMINGTON, NORTH CAROLINA28402-1890 IN REPLY REFER TO April 1, 2008 More 'lead ^!A. CA4 Regulatory Division Action ID No. 200400705 and State Permit No. 60-05 Paul & Susan Magnabosco Stanwick Shores 3306 Tipton Court Wilmington, NC 28409 Dear Mr. and Mrs. Magnabosco: Through coordination with the North Carolina Division of Coastal Management (enclosed), we have learned of your request to modify your Department of the Army(DA)permit issued on February 11, 2008, which authorized construction of a community pier, two private piers and docking facility,bulkhead, driveways and utilities located at the northern end of Bridges Avenue, adjacent to Topsail Sound and Banks Channel, in Topsail Beach, Pender County,North Carolina. The current modification received in this office on March 31, 2008, requests the installation of nine (9)boatlifts in each of the previously permitted boat slips The proposal continues to be consistent with the provisions and objectives of general permit No. 198000291. The permit is hereby modified. It is understood that all other conditions of your permit remain applicable. The permit will expire December 31, 2010. If you have any questions or comments you may call me at (910) 251-4634. Sincerely, l Dave Timpy, Project Manager Wilmington Regulatory Field Office Enclosure - 2 - Copy Furnished: Walton Engineering R. Mark Walton P O Box 895 Burgaw NC 28425 Copies Furnished(without enclosure): )H Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Mr. Steve Everhart, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington,North Carolina 28405 1 f DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.0.BOX 1890 WILMINGTON,NORTH CAROLINA28402-1890 IN REPLY REFER TO March 18, 2008 Regulatory Branch S Action ID No. 200600158 and State Permit No. 190-05 Town of Surf City Post Office Box 2475 Surf City,North Carolina �8445 Dear Madam or Sir: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request for modification of your Department of the Army(DA)permit issued on December 22, 2005,which authorized dune restoration by beach bulldozing along the beach adjacent to the Atlantic Ocean from the North Topsail Beach Limits south to Topsail Beach Town limits, in Surf City, Onslow and Pender Counties, North Carolina. r Your proposal continues to be consistent with the provisions and objectives of general permit No. 198000291. The permit is hereby modified. It is understood that all other conditions of your permit (attached), as modified for beach bulldozing, remain applicable. Based on previous coordination with the N.C. Division of Coastal Management, the U.S. Fish and Wildlife Service and the N.C. Wildlife Resources Commission, this authorization will expire on April 30, 2008. If you have any questions or comments you may reach me at (910) 251-4634. - Sincerely, ;001)4y Dave Timpy, Project Manager Wilmington Regulatory Field Office Enclosure t -2- Copies Furnished without enclosures: X. Doug Huggett Division of Coastal Management N.C. Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Mr. Steve Everhart, District Manager Wilmington Regional Office N.C. Division of Coastal Management 127 Cardinal Drive Extension Wilmington,North Carolina 28405-3845 U. S. Coast Guard CWO Steve Lyons Staff Symbol: Aton 2301 East Ft Macon Rd. Atlantic Beach,NC 28512 Commander, AOWW Coast Guard Atlantic Area ATTN: Tom Flynn 431 Crawford Street Portsmouth, Virginia 23704 TP MAR 2 4 2008 TOWN OF SURF CITY MOrehead City DCM Action ID. 200600158 SPECIAL CONDITIONS 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the U.S. Army Corps of Engineers (USACE)prior to implementation. 2. 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. 3. 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. 4. 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 Quality 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. 5. The permittee shall advise the Corps in writing prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 6. 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. 7. 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 8. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands 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). 9. Violations of these conditions or violations of Section 404 of the Clean Water Act or 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 penmittee's discovery of the violation. 10. 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 waterway to its former conditions. If the permittee fails to comply with this direction,the Secretary or his representative may restore the waterway,by contract or otherwise, and recover the cost from the permittee. 11. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 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 for reason other than safety. 12. The permittee understands and agrees that, if future operations by the United States require the removal,relocation, or other alteration,of the structure or work herein authorized, or if,in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required,upon due notice from the U.S. Army Corps of Engineers, to remove,relocate,or alter the structural work or obstructions caused thereby,without expense to the United States. No claim shall be made against the United States on account of any such removal,relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY-RM 7316, Silver Spring,MD 20910-3282 at least two weeks prior to beginning work and upon completion of work. 13 No beach bulldozing or sand stockpiling activities shall be conducted below the existing mean low water elevation contour. 14. The movement of material by beach bulldozing shall not exceed one foot in depth as measured from pre-activity surface elevation. 15. The contractors name,phone number, and address,including a field contact name and 2 4 number,will be submitted to the Wilmington District prior to any work. For Threatened and Endangered Species: 16. In order to protect threatened and endangered species and to minimize adverse impacts to intertidal and beach resources, no dune rehabilitation activities shall occur from April 1 through November 15 of any year without prior approval from the U.S. Army Corps of Engineers in consultation with the N.C. Division of Coastal Management, the U.S. Fish and Wildlife Service and the N.C. Wildlife Resources Commission. 17. If cultural resources are encountered during the operation, the District Engineer will be immediately notified so that coordination can be initiated with the Underwater Archeology Unit (UAU) of the Department of Cultural Resources. In emergency situations, the permittee should immediately contact Mr. Chris Southerly at(910/458-9042), Fort Fisher, so that a full assessment of the artifacts can be made. 18. No deep ruts will be left on the beach upon completion of the project. 19. No activity may cause a hazard to navigation. 20 In the event of a spill of petroleum products or any other hazardous waste,it should be reported to the N.C. Division of Water Quality 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. 21. A representative of the Corps of Engineers will periodically and randomly inspect the work for compliance with these conditions. Deviations from these procedures may result in cessation of work until the problem is resolved to the satisfaction of the Corps. 22. In issuing this permit, the Federal Government does not assume any liability for: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future Federal activities initiated on behalf of the general public. c. Damages to other permitted or unpermitted activities or structures caused by the authorized activity. d. Design and construction deficiencies associated with the permitted work. 3 e. Damage claims associated with any future modification, suspension, or revocation of this permit. 23. This Department of the Army permit does not obviate the need to obtain other Federal, State or local authorizations required by law. 4 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS „7 P.0.BOX 1890 WILMINGTON,NORTH CAROLINA28402-1890 IN REPLY REFER TO February 11, 2008 Regulatory Division Action ID No. SAW-200400705 and State Permit No. 60-05 Paul & Susan Magnabosco Stanwick Shores 3306 Tipton Court Wilmington,NC 28409 Dear Mr. and Mrs. Magnabosco: Reference your application for a Department of the Army permit received April 5, 2004, for Department of the Army(DA)permit to construct a 6-lot subdivision(Stanwick Shores Subdivision) and subsequent modification to the project dated March 22, 2005,which includes construction of a community pier, two private piers and docking facility,bulkhead, driveways and utilities located at the northern end of Bridges Avenue, adjacent to Topsail Sound and Banks Channel, in Topsail Beach,Pender County,North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291 (copy enclosed) with the attached special conditions. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the approved plan (enclosed). Failure to comply with the State authorization or conditions of the general 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. Questions or comments may be addressed to me at the Wilmington Field Office, Regulatory Division, at telephone (910) 251-4634. S erely, Dave Timpy, Project Manager Wilmington Regulatory Field Office Enclosures -2 - IVED FEB 1 3 2008 Copy Furnished: Mgrwhead QtY DCM R. Mark Walton Walton Engineering P O Box 895 Burgaw, NC 28425 Copies Furnished without enclosure: Ms. Cyndi Karoly Mr. Pete Benjamin Division of Environmental Management U.S. Fish and Wildlife Service North Carolina Department of Environment Fish and Wildlife Enhancement and Natural Resources, Wetlands Division Post Office Box 33726 2321 Crabtree Blvd, Suite 250 Raleigh,North Carolina 27636-3726 Raleigh,North Carolina 27604-2260 Mr. Ron Sechler Mr. Ronald J. Mikulak, Chief National Marine Fisheries Service Wetlands Section-Region IV Pivers Island Water Management Division Beaufort,North Carolina 28516 U.S. Environmental Protection Agency 61 Forsyth Street, SW Mr. David Rackley Atlanta, Georgia 30303 NMFS, Habitat Conservation Division 219 Fort Johnson Road Mr. Doug Huggett Charleston, South Carolina 29412-9110 Division of Coastal Management North Carolina Department of Environment Mr. Steve Everhart and Natural Resources Division of Coastal Management 400 Commerce Avenue North Carolina Department of Environment, Morehead City,North Carolina 28557 Health, and Natural Resources 127 Cardinal Drive Extension Wilmington, NC 28405 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management A�Illllx LT A GA Michael F. Easley, Governor James H. Gregson,Director William G.Ross Jr., Secretary MEMORANDUM TO: Doug Huggett Permits Sectipn V \FROM: Jason Dai(_ CAMA E ess Permit Coordinator, Wilmington JAN 2 9 2008 DATE: January 25,2008 6vdP" �q Morehead City DCM SUBJECT: Permit Modification Request 1/;- / CAMA Major Permit No. 60-05 Paul and Susan Magnabosco Pender County The permittee,Paul and Susan Magnabosco,are requesting a minor modification to State Permit No. 60-05,to install nine boatlifts in each of the previously permitted boat slips. This development activity would be located within the permittee's riparian access corridor, and within the existing pier-head line.As proposed,no new slips would be created as part of this modification request.The activity is being proposed along Banks Channel, in Topsail Beach,Pender County. Permit 60-05 is scheduled to expire on 12/31/08. The permittee has submitted a check(ck.# 5927)in the amount of$100.00 for the modification request. This Office has no objection to the permit modification request. Enclosures cc: Wilmington Files MHC—Central Files Dave Timpy,COE Joanne Steenhuis,DWQ Fritz Rhode,DMF 127 Cardinal Drive Extension,Wilmington,North Carolina 28405-3845 Phone:910-796-7215\Fax:910-395-3964\Internet:http:/twww.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper YWA L TON EN CGINEmN January 21, 2007 Jason Dail Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: Stanwick Shores, Mr. Jason Dail, In coordination with CAMA permit 60-05, issued on April 28, 2005, the applicant would like to request that for any or all of the boat slips in the original application to have the option of being built as either a boat slip or a boat lift. This modification does not constitute a change in the number of slips, only a dual designation to accommodate the eventual owner's needs. Enclosed is a $100 check for the modification to CAMA permit fee. If you have any questions, please contact me at 910-259-4800. Sincerely, Allen Thornton cc: Paul Magnabosco ri V F ;AN 2 3 2008 DIVISION OF Tel:910-259-4800 PO Box 895,Burgaw,North Carolina,28425 Fax:910-259-1779 WALTON ENGNEERING January 16, 2007 Jason Dail .BAN, 18 2008 Division of Coastal Management 127 Cardinal Drive Extension 7y: Wilmington, NC 28405-3845 Re: Stanwick Shores, as built drawing Mr. Jason Dail, Enclosed is the"as-built" survey requested by condition #14 of CAMA permit#60-05. Another copy has been sent to the US Army Corps of Engineers. Note: As indicated on the attached drawing, piers are in compliance with the setback requirements. If you have any questions, please contact me at 910-259-4800. Sincerely, Dp� Allen Thornton �AN 2 g 2008 cc: Paul Magnabosco W Tel:910-2594800 PO Box 895,Burgaw,North Carolina,28425 Fax:910-259-1779