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HomeMy WebLinkAbout60-05 MM 07/2013 Magnabosco, Paul and Susan Permit Class Permit Number MODIFICATION/MAJOR 60-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission .p for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Paul and Susan Magnabosco,3306 Tipton Court,Wilmington,NC 28409 Authorizing development in Pender County at Banks Channel, between 116 & 120 Bridgers Ave., Stanwick Shorcs /D, Topsail Beach, as requested in the permittee's application dated 7/31/12, including,the attached workplan drawings(4) 1 dtd 9/27/12 1 dtd 10/30/12 1 dtd 10/11/12 and 1 dtd 8/16/07 This permit, issued on—•ham 16,261-3 , 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. Dockiniz Facility 1) Unless specifically altered herein, this permit authorizes the reconfiguration of the docks, piers and other structures and uses that are expressly and specifically set forth in the attached permit application and workplan drawings. No other structure, 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) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the reconfigured docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohih,,t�(Essha�1 era lied and enforced throughout the entire existence of the permitted structure. IRS (See attached sheets for Additional Conditions) DEC 2 0 2016 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. Any maintenance work or project modification not covered c. Braxton C. Davis,Director hereunder requires further Division approval. RECEIVED , vision of Coastal Management All work must cease when the permit expires on)CM W I L M I N GTCNis�"it and its conditions are hereby accepted. December 31,2016 O C T 1 5 2013 In issuing this permit, the State of North Carolina agrees D that your project is consistent with the North Carolina Coastal Management Program. toItst, Signature of Permittee Paul and Susan Magnabosco Permit#60-05 Page 2 of 4 ADDITIONAL CONDITIONS s 3) S ueit r adjacent waterfront lot be sold prior to the initiation of construction of the reconfigureddoc ' ty, the permittee shall obtain a written agreement from the new owner(s) agreeing to allow the construction of the permitted docking facility within the riparian corridor of that property, and a copy of the new agreement shall be submitted to the Division of Coastal Management prior to initiating construction of the docking facility. 4) No portion of the authorized docking facility shall extend more than one quarter of the width of the water body. 5) No attempt shall 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. 6) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 7) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 8) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 9) This permit does not authorize any new formalized boatslips in association with this reconfigured docking facility. Excavation 10) This permit was issued based upon the 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. 11) No excavation shall take place outside the area indicated on the attached workplan drawings. 12) Excavation shall not exceed-3 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of the connecting waters. 13) The temporary placement of double handling of excavated materials within waters or vegetated wetlands is not authorized. RECEIVED 'ACM WILMINGTON, NC 0 C T 1 5 2013 Paul and Susan Magnabosco Permit#60-05 Page 3 of 4 ADDITIONAL CONDITIONS Spoil Disposal 14) All excavated materials shall be confined above normal high water level and landward of regularly or irregularly flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of solids into any wetlands or surrounding waters. 15) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the initiation of any dredge activities. 16) No spoil material shall be placed within 30 feet of the normal high water line. Sedimentation and Erosion Control 17) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 18) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. Maintenance Clause 19) The Division of Coastal Management will be notified in writing at least two (2)weeks in advance of any maintenance work authorized by this permit and that notification include: a. The number of the original permit b. A statement that no dimensional changes are proposed c. A copy of the original permit plan(s)with cross-hatching indicating the area to be maintained and the area to be used for dredge spoil, and the estimated amount of material to be removed. d. The date of plan revision and the permittee's signature shown anew on the original plan General DEC 2 0 2016 20) The permittee understands and agrees that, if future operations by the d Wi rQ&TeYthe removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 21) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily, outside of the areas indicated on the attached workplan drawings. 22) 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.R y C E 1 V E D x ! I_MINGTON, NO OCT 1. 5 01 Paul and Susan Magnabosco Permit#60-05 Page 4 of 4 ADDITIONAL CONDITIONS 23) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 24) This major modification shall be attached to the original of Permit No. 60-05, which was issued on 4/28/05, as well as all subsequent modifications, refinements,and renewals, and copies of all documents` shall be readily available on site when Division personnel inspect the project for compliance. 25) All conditions and stipulations of the active permit remain in force under this major modification unless specifically altered herein. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: 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 normal high water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 08-0712 V4. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2004-00705,which was issued on 6/11/13. J._My vUfLMINGTQN, NC 0 CT 2013 r"A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary July 16, 2013 Paul& Susan Magnabosco 3306 Tipton Court Wilmington,N.C. 28409 Dear Sir or Madam: 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.The original(buff-colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and 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. If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS I I3A-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 requires 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 would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation. 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. incerely, Douglas V.Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Ave.,Morehead City,NC 28557 Phone;252-808-28081 FAX:252-247-3330 Internet:www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT RECEIVED FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Paul and Susan Magnabosco,for Stanwick Shores Subdivision Nov o c 2012 2. LOCATION OF PROJECT SITE: Located at the far northern end of Bridgers Ave.,adjaceiRWIMM flannel and Topsail Sound, in Topsail Beach,Pender County. Photo Index—2006:25-2567,L-M, 15-16 2000:25-325,L,M,N-10 1995:25-307,K,L,M-2 State Plane Coordinates-X: 2416467 Y: 230280 GPS File: 0-042117B 3. INVESTIGATION TYPE: CAMA/Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—Most recent: 3/7/12, 6/12/12, 7/31/12 Was Applicant Present—No 5. PROCESSING PROCEDURE:Application Received—modified and completed 11/01/12 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: Commercial (E) Wastewater Treatment: Existing—None Planned -None (F) Type of Structures: Existing—One single family residence,bulkhead and docking facility Planned -reconfigure docks and dredge around six-slip docking facility (G) Estimated Annual Rate of Erosion:N/A Source-N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Shallow bottom—SAV Habitat 3,024 sq ft. (168 yds3) (B)Non-Vegetated Wetlands 410 sq. ft. (open water) Same as above incorporated (C)Other 36,000 sq. ft. High ground (0.82 acres) graded (D) Total Area Disturbed: 39,434 sq ft(0.90 acres) (E) Primary Nursery Area:No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant is proposing to re-configure the existing docking facility and incorporate new dredging. RECEIVED Paul and Susan Magnabosco 9 Page Two 9.PROJECT DESCRIPTION: NOV o s zoTza. The Stanwick Shores Subdivision is located at the far northern end of Bridgers Ave.,adjacent to ToFaN4YMT I'id 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 200' wide x 310' long(as measured from Bridgers Ave.).Please refer to the field investigation report dated 3/22/3005,for a brief description of the project as it existed prior to development. The Stanwick Shores Subdivision was originally permitted under CAMA Major Permit#60-05,on April 28,2005.The permit was scheduled to expire on December 31,2008; however,it was renewed on January 27,2009,and later extended due to Session Law 2009-406,and as amended by Session Law 2010-077. The current expiration date for the permitted project is December 31,2014. To date,the applicant has completed the vast majority of the work approved by the original CAMA Major permit. Two individual docks have been constructed,as well as a community docking system(consisting of 6-slips),bulkhead and subdivision infrastructure.Additionally,one home has been erected on the property and the remaining lots have been cleared of vegetation.The applicant has openly stated that this project is essential,as he is marketing two of the slips within the community docking facility for two properties that are located outside of the Stanwick Shores subdivision. The waters of Topsail Sound and Banks Channel,adjacent to the proposed project area,are classified as"SA"by the Division of Water Quality. 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. PROPOSED PROJECT: The applicant is proposing to re-configure the existing docking facility by relocating the fixed finger piers associated with the community docking system. In addition,the applicant is planning to incorporate new dredging around the footprint of the community dock(i.e.new boat basin). It should be noted the applicant has requested authorization for dredging activities around the community docking facility in the past;however,negative comments from several resource agencies prompted the 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 (SAV)were observed in the footprint of the proposed dredging. These patches ranged in size from less than Ift. in diameter to over 6 ft. in diameter..... Without dredging, the water depths are too shallow to permit docking without causing negative impacts to the SA Vs.....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 Quality 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". Paul and Susan Magnabosco T Page Three NOV 0 6 2012 The applicant's voluntary withdrawal of the dredging portion of the project is documented in a letteDONIM 1,dated February 24,2005. Specifically,the letter from the applicant's agent states"This revision approach was discussed between the applicant and the two most relevant commenting agency contacts,following the February 2, 2005 meeting, to solicit feedback. There were no objections to this proposal with three piers if the proposed dredging was eliminated. Additionally, as a further improvement, the walkway for the northeastern pier has been shifted overt to the shown location to avoid passing directly over a relatively dense area of SAV". With respect to the current proposal,the applicant is requesting approval to re-configure the community docking system by adding two additional 10' x 10' platforms at the terminal end of the existing platform(one on either side)and repositioning the two finger piers located landward of the platform.As constructed,the two existing finger piers are oriented perpendicular to the existing access walkway and measure 4' x 20' each. The new design would angle the finger piers toward the sound(approximately 30°)to allow flexibility while docking at the facility,rather than docking perpendicular. Similarly,the platform additions at the terminal end would also be angled to prevent vessel operators from having to dock perpendicular in tight quarters.The realignment of the finger piers would result in a slight extension on either side of the facility(approximately 2')due to the angle at which they are proposed.The applicant is also requesting approval to install six(6)boatlifts,one in each of the existing slips.As proposed,the boatlifts would measure approximately 12'x 12'. The dredging portion of this project would include removing approximately 3,024 sq. ft. of shallow bottom SAV habitat area.The dimension of the proposed project area measures 42' (L)x 72' (W)x-1.5' (D),giving a total dredged volume of 168 cubic yards. Current water depths in the vicinity of the proposed dredge footprint range from+0.6"at Normal Low Water(NLW)to-2.5' NLW.As proposed,the projected depth would measure-4.0',NLW.The application states that the dredge footprint would have a 451 taper around the perimeter of the cut,to a depth of-2.0',Mean Low Water(MLW). The applicant states the project has been designed to avoid impacts to SAV;however,the footprint of the dredge cut borders a 15' x 20' established SAV bed. Short of installing vinyl sheet piles around the perimeter of the dredge cut, it would be virtually impossible to"avoid"any impacts to SAV beds. 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 at Queen's Grant,which is located approximately 0.60 miles north of the project site.The applicant has received approval from Queen's Grant, allowing deposition of material along the peninsula bordering the center canal.Dimensions of the proposed spoil deposition area measure approximately 60'(w)x 600'(1),providing a total footprint of approximately 36,000 sq. ft.As proposed, all spoil material would be deposited outside of the 30' Coastal Shoreline Buffer.There are no"404"type of Coastal Wetlands on/at the proposed spoil disposal site. 10.ANTICIPATED EMPACTS Multiple SAV surveys have been conducted at Stanwick Shores(visual and documented)by both the resource agencies as well as the applicant.The results of the surveys, in addition to DMF's site visits,clearly define the presence of SAV in the immediate 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 3,024 sq.ft. of shallow bottom SAV habitat(at a minimum)and deposition of dredge spoil material could impact up to 36,000 sq. ft. of previously disturbed high ground.No Coastal or"404"type Wetlands would be impacted or affected as a result of the project.The repositioning of the finger piers and platforms would incorporate an additional 410 sq.ft.of open water area. The proposed pier/platform expansion would be located within the applicant's area of riparian access,but would encroach into the 15' riparian setback;however,the applicant has obtained a waiver from both neighbors allowing the encroachment.The proposal would be located within'/4 of the width of the waterbody and outside of the federally maintained channel along Banks Channel. Submitted by: J.Dail Date: November 2, 2012 Office: Wilmington Recommendations for a CAMA Major Permit—Paul and Susan Maznabosco RECEIVED Shoreline length =108 Allowable square footage NOV 0 6 201Z (Shoreline length X 8 ft.2) =864 ft.2 Existing facility = (24' x 20' (to be replaced), 1-10' x 20' & 24' x 13'� t �' Proposed platform =2-10' x 10' =200 ft2 Proposed finger piers(24' x 22') = 176 ft.2 Total =680 ft.2 Dredge footprint =42' x 72' x-1.5' =3,024 ft2 Spoil deposition area =60' x 600' =36,000 ft2 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 INCONSISTENT with the Rules of 15 NCAC 7H.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,would impact beds of submerged aquatic vegetation as defined by the MFC. The applicant's proposal to expand and reconfigure the existing docking facility, appears to be CONSISTENT with the Rules of 15 NCAC 7H.0206 (d)Use Standards for Estuarine Waters, and Rules of 15 NCAC 7H.0207 (d)Use Standards for Public Trust Areas. It is staff s recommendation that the proposed docking facility is CONSISTENT with the Rules in 15 NCAC 7H.0208(b) (6)Use Standards for Docks and Piers. Based on these factors, it is recommended that a permit be ISSUED to allow reconfiguration of the existing docking facility, the addition of two platforms and the installation of six (6) boatlifts. However, due to inconsistencies with Rule 15A NCAC 07H .0208 (b)(1), the dredging portion of the project should be DENIED. 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) This permit authorizes only the dock, finger piers,boat lifts and associated pilings necessary for the docking facility located in or over the waters that are expressly and specifically set forth in the permit application. No other structures,whether floating or stationary, may become a permanent part of the structure without a permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without a permit modification. 4) In order to protect water quality,runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 5) 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. 6) The authorized structure and associated activity must not cause an unacceptable interference with navigation. r I ' r 7) No excavation of shallow water bottom or any wetlands is authorized by this petit. RECEIVED 8) This permit authorizes a maximum of six(6)boat slips. At no time shall more tharMY AAAQ1Z be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and perva*UMr watercraft. 9) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 10) 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. ACM M�-1 APPLICATION for Major Development Permit M (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/Landowner Information Business Name Project Name(if applicable) Paul And Susan Magnabosco Stanwick Shores Common Area Pier Modification Applicant 1: First Name MI Last Name WE= Paul Magnabosco W Magnabosco Applicant 2: First Name MI Last Name NOV 0 6 2012 If additional applicants,please attach an additional page(s)with names listed. Mailing Address PO Box City State 3306 Tipton Ct. Wilmington NC ZIP Country Phone No. FAX No. 28409 USA 910 -619-8888 ext. - - Street Address(if different from above) City State ZIP Email paulmag@ec.rr.com 2. Agent/Contractor Information Business Name Walton Engineering Agent/Contractor 1: First Name MI Last Name Raymond M Walton Agent/Contractor 2: First Name MI Last Name Mailing Address PO Box City State PO Box 895 895 Burgaw NC ZIP Phone No. 1 one No. 2 28425 910-259-4800 ext. - - ext. FAX No. Contractor# 910 259 1779 Street Address(if different from above) City State ZIP 109 East Fremont St Burgaw NC 28425- Email mark@waltonengineering.net allen@waltonengineering.net ° <Form continues on back> AUG 0 2 2012 AT e DCMWI1 , 252-808-2808 .. 1-888-4RCOAST :: www.nccoastalmanagement.net Form)QCM MP-1 (Page 2 of 4) APPLICATION for RECEIVED Major Development Permit 3. Project Location County(can be multiple) Street Address f�C�4 gicr�CITY State Rd.# Pender Bridgers Ave. (between 116 Bridgers& 120 Bridgers) Subdivision Name City State Zip Stanwick Shores Topsail Beach NC 28445- Phone No. Lot No.(s) (if many,attach additional page with list) 910-619-8888 ext. I , I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project N/A Banks Channel 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.) 108' 4791.6 sq,ft, c. Size of individual lot(s) d. Approximate elevation of tract above NHW(normal high water)or NWL(normal water level) (If many lot sizes,please attach additional page with a list) ❑NHW or❑NWL e. Vegetation on tract Native Shrubs f. Man-made features and uses now on tract Pier&Bulkhead g. Identify and describe the existing land uses adiacent to the proposed project site. Residences h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Residential R2&R4 (Attach zoning compliance certificate,if applicable) NYes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNo k. Hasa professional archaeological assessment been done for the tract? If yes,attach a copy. ❑Yes NNo ❑NA If yes,by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes NNo ❑NA National Register listed or eligible property? Fre'', <Form continues on next page> AU a 0 Z 2012 DCM WiLMINGTON, NC . v ... ..,�'4i All axr3'i inent.net Form QCM 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 RECEIVED o. Describe existing drinking water supply source. NOV 0 6 2012 N/A p. Describe existing storm water management or treatment systems. Dm-mm Crry N/A 5. Activities and Impacts a. Will the project be for commercial,public,or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose,use,and daily operations of the project when complete. Purpose:to increase the usefulness,safety,and convenience of the boat slips through new boat lifts and reconfigured finger piers. 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. -Manual construction equipment -Barge mounted shovel for dredging -Pile driver d. List all development activities you propose. -Change existingfinger piers and boat lifts on existing pier -Dredge 100.8 c.y. e. Are the proposed activities maintenance of an existing project,new work,or both? The pier is existing. The existing finger piers will be changed to a design that better accommodates. f. What is the approximate total disturbed land area resulting from the proposed project? 2723.5 ®Sq.Ft or❑Acres g. Will the proposed project encroach on any public easement,public accessway or other area ❑Yes ®No DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. N/A i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes,will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ®No DNA If yes,attach a mitigation proposal. <Form continues on back> AU'J 0 2 2012 nrh.A Wiil n4WG1ON NC 252-808.2€ www.nccoastaimanagement.net Form QCM 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, if applicable, must be submitted in order for the application package to be complete. Items(a)—(f)are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. 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 Nick&Linda Palczuk Phone No. Address 318 Twin Pond Drive,West Chester PA 19382 Name Mark&Stacy Yusko Phone No. Address 2121 N Lakeshore Dr.,Chapel Hill NC 27514 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers,permittee,and issuing dates. CAMA Permit No.60-05, Stormwater Management Permit #SW8 040423 F. h. Signed consultant or agent authorization form, if applicable. } 6 2012 i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. 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. 7. Certification and Permission 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. I 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-ULY 31, 2,0 1 2- Print Name I kUL MA c—AJ 6 osco Signature Pa)u tr Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information AGS G 2 2012 DCM V1 i LIWNGTON, NC -2808 .- 1-888-4RCOAST -. www.nccoastaimanagement.net Form DCM MP-4 RECEIVED STRUCTURES Nov 0 6 2012 (Construction within Public Trust Areas) 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. 1. DOCKING FACILITY/MARINA CHARACTERISTICS [I This section not applicable a. (i) Is the docking facility/marina b. (i)Will the facility be open to the general public? ❑Commercial ❑Public/Government ®Private/Community ❑Yes ®No c. (i)Dock(s)and/or pier(s) d. (i)Are Finger Piers included? ®Yes ❑No (ii)Number 1 Existing If yes. (iii)Length (ii)Number 2 (iv)Width (iii)Length 20'9"out from pier(Note: finger pier (v)Floating ❑Yes ❑No extend 10'then bend 30'then extend 12'6"more, therefore 22'6"linear feet (iv)Width 4 (v)Floating ❑Yes ®No e. (i) Are Platforms included? ❑Yes ❑No f. (i) Are Boatlifts included? ®Yes ❑No If yes: If yes: (ii)Number 2 (ii)Number 6 (iii)Length 1010" (iii)Length 11, 101, (iv)Width 1010" (Note: Both platforms at the (iv)Width 12'6" pier head are not square shaped (see drawing Fig. 1) (v)Floating ❑Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i)Number of slips proposed h. Check all the types of services to be provided. N/A ❑ Full service, including travel lift and/or rail, repair or (ii)Number of slips existing maintenance service N/A Existing slips hold 6 boats. New proposed slips will ❑ Dockage,fuel,and marine supplies hold 6 boats. ❑ Dockage("wet slips")only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ®Other,please describe: Dockage private boat lifts-6 slips i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats,sail boats,mixed types). ®Open water,dredging for basin and/or channel open runabout ❑Open water, no dredging required ❑Other; please describe: k. Typical boat length: 20' I. (i)Will the facility be open to the general public? AUG' n 2 2012 DCM wit?AINGTON, NC 152-808-2a08 :: 1-886-4RCUko. vvW�.v.►.ccoasialmaiia4iement.n ; revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) m. i Will the facility have tie pilings? RECEIVED (�) tY P 9 []Yes ®No ❑Yes ®No (ii)If yes number of tie pilings? N 0 V 0 6 2012 );) t' DCM MHD CITY 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑Office Toilets ❑Toilets for patrons; Number: ; Location: ❑Showers ❑Boatholding tank pumpout;Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste,fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i)Give the location and number of"No Sewage Discharge"signs proposed. (ii)Give the location and number of"Pumpout Available"signs proposed. f. Describe the special design,if applicable,for containing industrial type pollutants,such as paint,sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and"No Wake"signs proposed. i. Give the location of fuel-handling facilities,and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live-aboard dockage? k. Describe design measures that promote boat basin flushing? Ac� 6 y /'a:��7 li C 2012 DCM W" ` INGTON, NC 252-808-2808:: 1-888-4RCOAST::www.nccoastalm4nggpmggt.net revised: 12127/06 Form OCM MP-4 (Structures, Page 3 of 4) I. If this project is an expansion of an existing marina,what types of services are currently provided? RECEMD 4 m. Is the marina/docking facility proposed within a primary or secondary nursery area? NOV 0 G 2Q12 ❑Yes ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ACM-MHDM ❑Yes ❑No o. Is the marina/docking facility proposed within or adjacent to 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 ❑SB OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes,give the name and address of the leaseholder(s),and give the proximity to the lease. 3. BOATHOUSE(including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (ii)Number (iii)Length (iv)Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN(e.g., wood, sheetpile, etc. If a rock groin, use MP-Z Excavation and Fill.) ®This section not applicable a. (i) Number (ii)Length (iii)Width 5. BREAKWATER(e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW,NWL,or wetlands c. Maximum distance beyond NHW,NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): b. Number ❑Commercial ❑Public/Government ❑Private/Community c. Distance to be placed beyond shoreline d. Description of buoy(color, inscription,size,anchor,etc.) Note: This should be measured from marsh edge,if present pilings da -Dt^AA pA/1LMINGTnhI PI(` 252-808-2808:: 1-888-4RCOAST::www.nccoastaimanagq_Mq!lt.net revised:12/27/06 Form DC.M MP-4 (Structures, Page 4 of 4) RECEIVED e. Arc of the swing NOV 0 6 2012 7. GENERAL M'f'.mn-Cam' a. Proximity of structure(s)to adjacent riparian property lines b. Proximity of structure(s)to adjacent docking facilities. finger piers 6'6"and 5'9" pier head platforms 8'6"and 9'6" finger piers 33'& 34' ,pierhead platforms 27' (both sides) Note. For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body d. Water depth at waterward end of structure at NLW or NWL Banks Channel is approx. 1200' at this location 8' e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes,explain what type and how they will be implemented. 8. OTHER ❑This section not applicable a. Give complete description: 7/31/2012 Date Stanwick Shores common Area Pier& Boat Slip Modification Project Name Paul Magnabosco Applicant �Name Applicant Signature R VE® Au"; 0 2 2012 ®CM WILT MIN(3T®N, NC 252-806-i bUb :: `,-d88-4RC0AST::www.nccoastalmanagement.net revised: 12/27/06 READ Form DCM MP-2 ' NOV 0 6 2012 EXCAVATION and FILL (Except for bridges and culverts) DCM MIS c" 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 z ' Width 7a Avg. Existing Depth NA NA Final Project NA NA Depth y 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. 100 ,b G,� , Sc�rld C. (i)Does the area to be excavated include coastal wetlands/marsh d. High-ground excavation in cubic yards. (CW),submerged aquatic vegetation(SAV),shell bottom(SB), or other wetlands(WL)? If any boxes are checked,provide the 0 number of square feet affected. ❑CW ❑SAV ❑SB ❑WL 1ANone (ii)Describe the purpose of the excavation in these areas: 16 allow bcaf cuou-95 +DLnqcf p ii+cs W kADu+ 'cm011C4inA<,AY 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. (lumn5 C7rr�n+ u(r )'_ADwn G. (i)Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes UNo ❑NA []Yes ❑No 1PNA (ii)If no,attach a letter granting permission from the owner. (ii)If yes,where? e. (i)Does the disposal area include any coastal wetlands/marsh f. (i)Does the disposal include any area in the water? (CW),submerged aquatic vegetation(SAV),shell bottom(SB), ❑Yes VNo ❑NA or other wetlands(WL)? If any boxes are checked,provide the number of square feet affected. (ii)If yes,how much water area is affected? [-]CW ❑SAV ❑SB ❑WL IgNone (ii)Describe the purpose of disposal in these areas: '_' Rine (66 as ►I unda an ex14-,n(A T Aga 0 2 2012 sOc��1 oe c'mi�- De'" W[LIV 1N Tnnii Nr 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/26/06 �Orrm n(f`_" D.11Q_? rFYr.-4„-ir n,n end Fill, Page 2 of 2) 3. SHORELINE STABILIZATION 4This 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: Width: C. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No RNA (ii)If yes,state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill Riprap R,l,;t,iy'ij Breakwater/Sill Other i. Source of fill material. r NOV 0 6 2012 4. W, 4. OTHER FILL ACTIVITIES If 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, submerged aquatic vegetation(SAV),shell bottom(SB),or other wetlands(WL)? If any boxes are checked,provide the (ii)Amount of material to be placed in the water number of square feet affected. (iii)Dimensions of fill area ❑CW ❑SAV ❑SB (iv)Purpose of fill ❑WL ❑None (ii)Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used(e.g.,dragline, controlled? backhoe,or hydraulic dredge)? ►� I E� ►� IShhll(I n ADWI-Q-� on ae_w;I l log ,mod. C. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ❑Yes ;KNo RNA site? ❑Yes NNo ❑NA (ii)If yes,explain what type and how they will be implemented. (ii)If yes,explain steps that will be taken to avoid or minimize environmental impacts. d, "Paul (-YJac,nC-bD-3CC)� Date Applicant Name AUG 0 2 2012 Project Name Applicant Signature .S-f*KW I GV,YOV O-9S CoMMtrtJ A4,e*- PIED MootFlcknonl 252-808-2808:: 1-888-4RCOAST::www.nccoastaimanagement.net revised: 12/26/06 PIER CROSS - SECTION CROSS SECTION A-A Not to Scale amm (Rails Not Shown) AmWb. MLWy°p°„ BUW*od _ "P�11 T 11 1 r 00 O1 Ol n CV O L0 � Cal O NA& 88&ATER DEPTH CROSS REFERENCE r JtAVD 8P ELlT,1,T10N WATER DEPTH AT MLW -3 00< - " Z /Note: Contour Lines Below the MLW Line are 'Water Depth at Mean Low J pM Tide' and are Topographic Contour Lines Relative to NAVD88. Changed 1 a per the Request by the DCM. Magenta contour lines are from an 7— -2.00 - + ,a, updated survey of December 2011 . Countour lines are NAVD88 / n- -3.00 Water Depth (Below Mean Low Water). —4.00 +25 —5.00 +3.8' —6.00 +4.8' Flaunt: Protect: Stanwick Shores, Thle:Pier and Boat Slip Modifications TAT 2 common Area x-section Yf'ALTON ENGINEERING Date: 10/30/12 Scale: I Drawn by: GSF/DAT Po Box s9s Boy W NC 28425 910 z59-aaoo / Area of Proposed Modification Proposed fingers and dock end do not exceed the allowable amount [as outlined in 15A NCAC 07H.1205 (e) 527.9 Square Feet of shaded impact does not exceed the allowable �800 Square Foot Max or the 884 Square Feet as calculated from the 110.5 Linear feet of Shoreline Existing Pier Line Existing dock alignment is perpendicular to pier and / proposed is 30' to the pier. from Aerial Photo / Approximate Edge Of Federally Maintained Channel J P�45 / 0 / MN^Conk'" oev Minimum 37' Setback �' s , ' Proposed Dredge Area = 2723.5 S.F. From Federally 1r ' I°\ e % i 0 to 2'deep MLW = 100.8 C.Y. Maintained Chann rewwn coowv_ s �/ j Average Dredge Depth = V The dredge area cut will have a 45' taper along the sides from the existing bottom \(solid blue line) down to — 2' MLW,the depth limit of the/ dredge area (dashed blue line) / lip . J oil `GIs - - Existing pilings within Area of Proposed P p V� Mod, .coon to be removed (8 ea.) vita �� a� /�\ i 1 Property of Gregory P. & Donna L. Schmidt DB 869 PG 19 44 \. ` r 4 177.6 �—— /` 5 100' Offset From MHW Line / \tko fig. f `\ `ono \s� �O.o A_ l% j0 d ��S40 ^, v.�v a, Lower Limits of Coastal Vegetation/MLW 6 CAMA MHW Line 0 �L i q�1�r \ y /✓17" \40 Al 15 E 1 \ \' / 10 Upper Limits of °G \ �, \ 0 n Coastal Vegetation 1 — _6eo5 L n0b RECEIVED RECEIVED Nijv 0 0 ZO1Z NOV 0 1 2012 WALTON ENGmERINC REC' �VED PROJECT NARRATIVE AUG f 2 t?12 July 31, 2012 DCM V t'UV1,'NGi'0N, NC RECEIVED Mr. Jason Dail NCDENR Division of Coastal Management NOV 0 G 2012 127 Cardinal Drive Extension Wilmington,NC 28405 DCM MHD CITY re: Modification of CAMA Permit No. 60-05, Stanwick Shores Subdivision Dear Jason, Attached is an application for modification of the referenced CAMA Permit. The proposed modification consists solely of reconfiguring the boat slips of the common area pier; eliminating wet slips and using only boat lifts; and minor dredging in the area of the reconfigured boat slips. No other changes are proposed. The pier and docks are currently constructed according to the approved plans. The attached plans show the as-built pier/dock and proposed changes. The changes are being proposed for the common area(middle pier)to increase the usefulness, safety and convenience of the boat slips. Wet slips are no longer needed because modern boatlifts are remote controlled. At the time of the original application,this was not the case. The boat slips are being reconfigured from the original perpendicular alignment to the pier to a 30-degree alignment to facilitate docking and to avoid impacts to SAV habitat. The new alignment was the result of multiple iterations to arrive at the best solution to avoid SAV impacts within the constraints of the boatlift dimensional requirements. The new alignment will require modification of the finger piers as shown on the plan. With the angle docking,the boats do not extend as far from the pier as before. Also, less room is needed for maneuvering. Both of these enhancements will reduce the potential for SAV impacts by scouring. The proposed dredge area as shown on the plan, is only 2723.5 square feet, at a maximum depth of 2' and an average depth of 1' for a total volume of 100.8 cubic yards. This volume is approximately half of what could be permitted under a General Permit if this site did not already have an Individual Permit. The proposed dredge and boat slip layout have been designed and adjusted to avoid impacts to SAV habitat in accordance with input from NCDENR officials in Scoping Meetings held on 2/13/12 and 5/21/12 and an on-site meeting held 6/12/12. The existing beds of SAV shown on the plan are according to a survey that has been verified and approved by Jessie Baker of Narrative Tel:910-259-4800 PO Box 895,Burgaw,North Carolina,28425 Fax:910-259-1779 WALTON ENGINEERING NCDENR Division of Marine Fisheries. None of the proposed work encroaches on the existing SAV beds. The perimeter of the dredge area will be sloped at 45 degrees to avoid sloughing to further avoid impacts to the SAV. Boat slips have been moved as far waterward as possible to avoid impacts to SAV habitat. Also,the pilings for the boat lifts for slips C5 and C6 will prevent boats from encroaching into SAV habitat areas landward of the slips. Dredging will be done by a shovel mounted on a barge. The anticipated spoil disposal area is at nearby Queens Grant,which has an existing dredge spoil permit. It is understood that the spoil from Stanwick Shores' dredging will have to be added to the Queens Grant permit. If you have any questions,please call me at 910-259-4800 Sincerely, 04� Mark Walton N.C. Professional Engineer Registration No. 16879 RECEIVED s. Nov 0 6 2012 DCM-W. M CITY RE, 1k'VED AUG" 0 2 2012 DCM WILWUNGTON, NC Narrative 'Tel:910-259-4800 PO Box 895, 13urgaw,North Carolina,28425 Fax:910-259-1779 WALToNENGmERiNG Agent Authorization July 31, 2012 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, Aalla7�' --�"C�Paul Magsco RECEIVED -A NOV 0 6 2012 DC:viALgD CUY RED VE AE� 2 ?912 DCM 'VV71_Il iN1I'-f::N, NC Tel:910-2594800 PO Box 895,Burgaw,North Carolina,28425 Fax:910-259-1779 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECO RECEWED 1) APPLICANT:Paul& Susan Magnabosco,for Stanwick Shores SID COUNTY: Pender - PROJECT NAME: n/a NOV a 6 20�� LOCATION OF PROJECT: far end of Bridgers Ave., adjacent to Banks Channel& ?Topsail So�uCnMd.�HD T�il Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11-1-12 FIELD RECOMMENDATION: Attached: YES To Be Forwarded: n/a CONSISTENCY DETERMINATION: Attached: n/a To Be Forwarded: n/a FIELD REPRESENTATIVE: Dail DISTRICT OFFICE: WIL.MINGTON DISTRICT MANAGER REVIEW: 6,1/ ' B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400.00 PUBLIC NOTICE REC'D: 11-5-12 END OF NOTICE DATE: 11-26-12 ADJ.RIP. PROP NOTICES REC'D: DEED REC'D: YES APPLICATION ASSIGNED TO ON: C) 75 DAY DEADLINE: ( (3 150 DAY DEADLINE: MAIL OUT DATE: 11-2-12 STATE DUE DATE: 11-26-12 FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE OBJECTION NOTES COMMENTS S: RETURNED YES NO Coastal Management-Regional Representative �-�,-12 �/ �^ d Zh Coastal Management-LUP Consistency 1-►k- 7 Division of Community Assistance l� �-(L Land Quality Section Division of Water Quality .5-I b 13 p$-ph 12 VL Storm Water Management(DWQ) ((-A- if C'.o.v. State Property Office l-(k�- Division of Archives&History 1 t-)-a -1 ti-- V Division of Environmental Health t t-Q-t-L Division of Highways Wildlife Resources Commission Local Permit Office / Division of Marine Fisheries t I b_1'1-- y �/ 1 E � � S is-►3� Corps of Engineers i�- 3 i/ Op4_001 p j ��S tl DCM Coordinator: Permit MAILING DISTRIBUTION SHEET Permitee: ��� C S(n�� dos C-C--., Agents: lr g-\0C. �y--- DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City / Washington SS rrungton US ALOE Offices: Washington: Raleigh Bland Tracey Wheeler William Westcott(NC DOT) Bill Biddlecome(NC DOT) Wilmington: ave Tim _ Cultural Resources: Renee Gledhill-Early r(environmental.review@ncdcr.gov Public Water Supply: a B ne oy(WIR 4oty '� � to O) Marine Fisheries: a on anne Hard �� t� NC DOT. en Pace Shellfish Sanitation: 1 State Property: nn Walton r,_.__� Water duality: aren Higgins(Raleig o e OT) Washington: Anthony Scarborough Wilmington: oanne Steenhuis-401 Chad o urn- Linda Lewis - Stormwater Wildlife Resources: aria Dunn(WARD LPO: Fax Distribution: Permitee#: Agent#: DEPARTMENT OF THE ARMY CO WILMINGTON DISTRICT,CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON,NORTH CAROLINA 28403-1343 REPLY TO ATTENTION OF: July 29, 2013 Regulatory Division Action ID No. SAW-2004-00705 and State Permit No. 60-05 Paul and Susan Magnabosco 3306 Tipton Court Wilmington,North Carolina 28409 Dear Paul and Susan Magnabosco: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to modify your Department of Army(DA)permit issued on November 19,2012, which authorized the reconfiguring of an existing docking facility and to perform dredging at property located between 116 & 120 Bridgers Avenue, Stanwick Shores Subdivision, Topsail Beach, Pender County,North Carolina. The current modification authorizes reconfiguration of the existing docks,piers, and other structures and uses that are expressly and specifically set forth in the workplans submitted. Your proposal continues to be consistent with the provisions and objectives of general. permit No. 198000291 (enclosed). The permit is hereby modified. It is understood that all other conditions of your permit remain applicable and the permit will expire on December 31, 2016. If you have any questions or comments you may call me at(910) 251-4634. Sincerely, Dave Timpy, Project Manager Wilmington Regulatory Field Office Enclosures Copy Furnished(with enclosures): RECEIVED Mr. Raymond M. Walton Walton Engineering JUL 31 2013 Post Office Box 895 Burgaw, North Carolina 28425 DCM-MAD C1TY 0 -2- Copies Furnished(without enclosures): Chief, Source Data Unit NOAA/National Ocean Survey Attn: Sharon Tear N/CS261 1315 East-West Hwy.,Room 7316 Silver Spring,Maryland 20910-3282 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Roy Brownlow,Acting District Manager North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City,North Carolina 28557-3421 C�0-off Howell, Jonathan From: Baker, Jessi E Sent: Monday, July 08, 2013 3:33 PM To: Howell, Jonathan Subject: RE: Stanwick Shores/Magnabosco, SAW-2004-00705, Applicants response to agency comments Yes, I would like that. How about something like. . . If any SAV blades or rhizomes are encountered while digging within the dredge footprint, these areas will be avoided to the maximum extent practicable. -----Original Message----- From: Howell, Jonathan Sent: Monday, July 08, 2013 3:24 PM To: Baker, Jessi E Subject: RE: Stanwick Shores/Magnabosco, SAW-2004-00705, Applicants response to agency comments There is no provision, outside of Mr. Walton stating there is no SAV in the proposed dredge footprint, that I can find. If there is a condition you would like us to place on the permit relating to avoiding grass or grass rhizomes, let me know and we will place it on the permit. Jonathan -----Original Message----- From: Baker, Jessi E Sent: Monday, July 08, 2013 3:17 PM To: Howell, Jonathan Subject: RE: Stanwick Shores/Magnabosco, SAW-2004-00705, Applicants response to agency comments You mean the one at 9:00 am. I'm not sure I will make that one. _) I already sent comments to Cameron on it though. We don't care as long as it's fixed. I have a 10:30 and a 1:30 after that. For Magnabosco. . .no moratorium. I want him to do it when he can see the grass. Is there a provision already about avoiding grass or grass rhizomes, if encountered? If so, that's all we need. Call if that's confusing. Thanks Jessi -----Original Message----- From: Howell, Jonathan Sent: Monday, July 08, 2013 3:10 PM To: Baker, Jessi E Subject: RE: Stanwick Shores/Magnabosco, SAW-2004-00705, Applicants response to agency comments Nah, this is a kayak facility in Brunswick County. On the Magnabosco project, does DMF want to place a moratorium on the digging? -----Original Message----- From: Baker, Jessi E Sent: Monday, July 08, 2013 2:26 PM To: Howell, Jonathan Subject: RE: Stanwick Shores/Magnabosco, SAW-2004-00705, Applicants response to agency comments Yup. Is this the one with the wetlands beside oceanfront beach? -----Original Message----- From: Howell, Jonathan Sent: Monday, July 08, 2013 2:24 PM To: Baker, Jessi E Subject: RE: Stanwick Shores/Magnabosco, SAW-2004-00705, Applicants response to agency comments Thanks you maaaaam. And good to have you back. I will be in Wilm. for a meeting tomorrow on a project in Brunswick County. Will you be at that meeting? -----Original Message----- From: Baker, Jessi E Sent: Monday, July 08, 2013 2:22 PM To: Howell, Jonathan; Dunn, Maria T. Subject: FW: Stanwick Shores/Magnabosco, SAW-2004-00705, Applicants response to agency comments This is Anne's 5/10/13 letter. -----Original Message----- From: Deaton, Anne Sent: Friday, May 10, 2013 11:32 AM To: Timpy, David L SAW Cc: Fritz Rohde - NOAA Federal; Baker, Jessi E; Daniel, Louis; Steenhuis, Joanne; Baker, Jessi E; Hardy, Jeanne Subject: RE: Stanwick Shores/Magnabosco, SAW-2004-00705, Applicants response to agency comments Attached is DMF's response to the applicant's response. Anne -----Original Message----- From: Timpy, David L SAW [mailto:David.L.Timpy@usace.army.mil] Sent: Tuesday, April 16, 2013 7:13 AM To: Fritz Rohde (Fritz.Rohde@noaa.gov); Baker, Jessi E; Hart, Kevin; Deaton, Anne; Horton, James T SAW; Joseph.M.Edge@uscg.mil; Dail, Jason; Steenhuis, Joanne Cc: Spencer, Thekla M SAW Subject: Stanwick Shores/Magnabosco, SAW-2004-00705, Applicants response to agency comments Attached is a copy of the applicants response to agency objections on the subject project. Please review and comment. Todd-please re-check the federal channel lines and setback. Jason, Todd and Joe-- Need your comments on the potential for a navigation hazard. 2 Jason- Need DCM comments on the described pier head line. NMFS/DMF- obviously need comments on the impacts. If we need to meet on this project, let me know. Otherwise, we will proceed with written correspondence. Dave Timpy Project Manager Regulatory Division US Army Corps of Engineers, Wilmington District 69 Darlington, Avenue Wilmington, North Carolina 28402-1890 Office: 910-251-4634 Cell: 910-617-3254 Fax: 910-251-4025 Email:david.L.Timpy@usace.army.mil Website: http://www.saw.usace.army.mil The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://Per2.nwp.usace.8rmy.mil/survey.html to complete the survey online. 3 Huggett, Doug From: Dail, Jason Sent: Tuesday, June 18, 2013 3:18 PM To: Huggett, Doug; Govoni, Daniel; Howell, Jonathan; Deaton, Anne; Humphrey, Jeremy; Timpy, David L SAW Subject: FW: Dave Timpy letter Attachments: Response Letter to Dave Timpy.pdf FYI —please find attached a response from Paul Magnabosco's agent, directly addressing the Federal Agencies concerns of"avoidance and minimization". If you need anything else, please feel free to call. Not sure where we stand with this one, but it appears to be "on hold" pending additional information. Jason laaon Dail Field Rep)esentative \,C.Division of Coastal �l:iit.1 L'tll+ 11t 127 C:irdhi.11 th it,- Y\tension 28405 Ph:(t)1 O I?qo,^2 ff' F.ix:(910)395 3964 Email:I f')atcclrur.go� '" "-' 6tl;tZt',ItCCO.iSL li lll-11i.,1ge lent.ntt �.r No)tit CAI-Olill.4 Del).]]tnittlt of El,.irollaltrlrt : ncl .'4mw.yl Resoitive *Please note that 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 [mailto:mark@waltonengineering.net] Sent: Tuesday, June 18, 2013 2:24 PM To: Dail, Jason Cc: Paul Magnabosco Subject: Dave Timpy letter Jason, I have attached the letter we sent to Dave Timpy dated April 5, 2013. The letter contains a detailed project history and explanation of avoidance and minimization. It also explains benefits and constraints of the proposed design. I would like to ask you to forward the letter to any NC Agency contacts who have expressed concerns about the project. Thanks, Mark R. Mark Walton Licensed Professionsal Engineer Walton Engineering PO Box 895 Burgaw, NC 28425 Tel: 910-259-4800 Fax: 910-259-1779 e-mail: mark(o-),waltonengineering.net 2 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS n 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTENTION OF: June 11, 2013 Regulatory Division Action ID No. SAW-2004-00705 Mr. Doug Huggett Division of Coastal Management North Carolina Department of RECEIVED Environment and Natural Resources 400 Commerce Avenue J U N 13 2013 Morehead City,North Carolina 28557-3421 Dear Mr. Huggett: DCNI-'Y-10CIT.Y Reference the application of Paul and Susan Magnabosco to reconfigure an existing docking facility and perform new dredging at a site located on Bridgers Avenue, between 116 Bridgers Avenue and.120 Bridgers Avenue, adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County,North Carolina. 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 State authorization: 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 US Army Corps of Engineers (USACE)prior to implementation. 2. 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. RECEMID JUN 13 2013 -2- DCM MAD CTty 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. The docks and piers extending over wetlands will be elevated sufficiently(a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 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. 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. 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. 8. 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. 9. 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 Office at(910) 772-2191. 10. All excavated materials will be confined landward of the mean high water level elevation contour and any vegetated wetlands. RECEIVED JUN 13 2013 -3- 11. All excavated materials will be confined landward of the mean higOwCa er�evee7 elevation contour within adequate dikes or other retaining structures to prevent spillover of dredged materials into any vegetated wetlands or surrounding waters. 12. Excavation will not exceed-2.0 to -4.0 feet below the elevation of mean low water. 13. 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. 14. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 15. 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.. 16. 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). 17. 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. 18. 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. -4- 19. 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 permittee's discovery of the violation. 20. 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. 21. Dredging of SAV is prohibited. Questions or comments may be addressed to Mr. Dave Timpy, Wilmington Field Office, Regulatory Division,telephone(910)251-4634. Sincerely, David L. Timpy, Project Manager Wilmington Regulatory Field Office Copies Furnished: Ms. Karen Higgins Division of Water Quality RECEIVED North Carolina Department of Environment and Natural Resources J U N 13 2013 1650 Mail Service Center Raleigh,North Carolina 27699-1650 DCM MHD CITY Mr. Doug Huggett Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh,North Carolina 27636-3726 -5- Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort,North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 BOSN3 Joseph M. Edge United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Rd Atlantic Beach,North Carolina 28512 Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources 127 Cardinal Drive Extension Wilmington,North Carolina 28405 RECEIVED Joanne Steenhuis J U N 13 2013 Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources DCM MM CITY 127 Cardinal Drive Ext Wilmington,North Carolina 28405 June 10, 2013 Regulatory Division Action ID No. SAW-2004-00705 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Paul and Susan Magnabosco to reconfigure an existing docking facility and perform new dredging at a site located on Bridgers Avenue, between 116 Bridgers Avenue and 120 Bridgers Avenue, adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County,North Carolina 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 State authorization: 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 US Army Corps of Engineers (USACE)prior to implementation. 2. 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. 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. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 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. 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. 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. 8. 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. 9. 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 Office at(910) 772-2191. 10. All excavated materials will be confined landward of the mean high water level elevation contour and any vegetated wetlands. 11. All excavated materials will be confined landward of the mean high water level elevation contour within adequate dikes or other retaining structures to prevent spillover of 2 dredged materials into any vegetated wetlands or surrounding waters. 12. Excavation will not exceed -2.0 to -4.0 feet below the elevation of mean low water. 13. 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. 14. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 15. 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. 16. 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). 17. 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. 18. 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. 19. 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 permittee's discovery of the violation. 20. In order to further protect the endangered West Indian Manatee, Trichechus manatus, 3 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. 21. Dredging of SAV is prohibited. Questions or comments may be addressed to Mr. Dave Timpy, Wilmington Field Office, Regulatory Division, telephone (910) 251-4634. Sincerely, David L. Timpy, Project Manager Wilmington Regulatory Field Office Copy Furnished (without enclosure) Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh,North Carolina 27699-1650 Mr. Doug Huggett Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh,North Carolina 27636-3726 Mr. Fritz Rhode National Marine Fisheries Service 4 Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, GA 30303-8960 BOSN3 Joseph M. Edge United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Rd Atlantic Beach,NC 28512 Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources 127 Cardinal Drive Extension Joanne Steenhuis Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources 127 Cardinal Drive Ext Wilmington,NC 28405 BCF: CESAW-RG-L/TIMPY 5 NCDENR North Carolina Department of Environment and Natural Resources Division of Marine Fisheries Beverly Eaves Perdue Dr. Louis B. Daniel III Dee Freeman Governor Director Secretary MEMORANDUM: TO: Dave Timpy, US ACOE Doug Huggett, DCM FROM: Anne Deaton, DMF SUBJECT: Stanwick Shores dredging, Paul and Susan Magnabosco, Topsail Beach, INC DATE: May 10, 2013 The North Carolina Division of Marine Fisheries (DMF) submits the following comments pursuant to General Statute 113-131. In November 2012, DMF submitted comments on the above referenced project to revise an existing multi-slip docking facility and dredge within the slips. The original application in 2004 for this docking facility included a dredging component, but that was removed due to impacts that would result from dredging SAV. The latest proposal is again requesting to dredge given some modifications in the dock design to reduce impacts. In November DMF commented that while the modifications (angling of the slips and using boat lifts) would reduce impacts, significant adverse impacts would still occur to SAV. However, DMF would remove their objection if the proposed dredging was reduced and moved waterward by at least 12 feet. The applicant has responded that they cannot move forward due to pierhead lines and the USACOE channel setback and proposes no changes. DMF continues to prefer that the slips be moved forward if possible since navigation in and out of the two most landward slips (C5 and C6), particularly C5, in their current proposed location, will likely impact SAV that is immediately outside of the dredge footprint due to navigation in and out of the slip. If this is not possible, DMF recognizes that the applicant's proposed changes in configuration are a better design than the current facility for reducing impacts to SAV. In addition, the applicant proposed to reduce the dredge footprint to 3,498 ft2 with a final proposed water depth of four feet MLW, angle the dredge perimeter slope to a 450 angle to reduce edge sloughing, and hand shovel the sediment. Consequently, DMF will not object to the project, but encourages the applicant to work with USACOE and DCM to move the docking facility slightly seaward. Please feel free to contact Anne Deaton at (910) 796-7315 or anne.deatonCa@ncdenr.gov if you have any further questions or concerns. One 5285 Hwy 70 West,Morehead City, North Carolina 28557 NorthCarolina Phone:252-808-80661 FAX:252-727-51271 Internet:www.ncdmf.net v ll Yatu ally An Equal Opportunity 1 Affirmative Action Employer 4 A7.�...r A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary Mau THIS7 fl'6T DWQ Project#2008 0712 V4 Carteret County Paul and Susan MagnaA CAMA PERMIT 3306 Tipton Court RECEIi/ED Wilmington, NC 28409 MAY 10 2013 Subject Property: Stanwick Shores Subdivision,Topsail Beach Approval of 401 Water Quality Certification with Additional Co r> ic%11CITY Dear Mr. and Mrs. Magnabosco: You have our approval, in accordance with the attached conditions and those listed below to reconfigure the docking system and dredge at your existing docking facility, as described in your CAMA application dated November 2, 2012 and received by the Division of Water Quality (DWQ) in the Wilmington Regional Office (WiRO) on November 2, 2012 and additional information received on April 16, 2013. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). This Certification allows you to use the 404 permit 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, 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 is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this General Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. 127 Cardinal Drive Ext.,Wilmington,NC 28405 One Phone:910.796.72151 FAX 910,350,20041 Internet:www.ncdenr.gov NorthCarolina An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 1 10%Post Consumer Paper )Vahmally RECEI-M Paul and Susan Magnabosco DWQ Project# 2004 0712 V4 '``"" 6 0 2013 May 7, 2013 Page 2 of 4 MHD CJTy The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Open Waters/Shallow Bottom 2723.5 sq ft (0.063 ac) Figure 1 Proposed Pier and Boat Slip Modifications (attached) Coastal wetlands N/A 404/401 wetlands N/A 2. 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. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions 3. SAVs No impacts to SAV beds are permitted. 4. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B. .0211. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office at 910.796.7215 if any turbidity issues arise. 5. 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. 6. 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. Paul and Susan Magnabosco DWQ Project#2004 0712 V4 May 7, 2013 Page 3 of 4 7. 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 *jXW0 General Water Quality Certification. 8. Shellfish Waters MAY 10 2013 This project is being constructed in open shellfishing waters. Additional boatslipspgCITY would potentially cause a closure is prohibited. The closure would be considered a violation of the SA Standards (15A NCAC 02B. 0221) and the Antidegradation Policy (15A NCAC 02B. 0201. 9. 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 is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 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 150B 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 http://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). Paul and Susan Magnabosco DWQ Project# 2004 0712 V4 May 7, 2013 Page 4 of 4 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: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7306. Sincerely, j J Charles VVakild, P.E. Division of Water Quality Enclosures: GC 3900 Certificate of Completion cc: Mark Walton —Walton Engineering David Timpy- USACE Wilmington Regulatory Field Office Jennifer Burdette - DWQ 401 Wetlands Unit Doug Huggett - DCM Morehead City RECEWED Jason Dail - DCM Wilmington WiRC) MAY 10 2013 DCM MHD CITY KALTONENgKEERiNg April 5, 2013 RECEMO ,. Mr. Dave Timpy APR 0 8 2013 Department of the Army Wilmington District, Corps of Engineers DCM-M»n 69 Darlington Avenue Wilmington,NC 28403-1343 Re: Stanwick Shores, CAMA Permit No. 60-05,Action ID No. SAW-2004-00705, Paul and Susan Magnabosco Applicants Dear Dave, This letter is in response to your letter dated December 12, 2012 regarding the application to reconfigure existing permitted boat slips and dredge 100.8 cubic yards of sound bottom for the existing permitted Common Area pier at Stanwick Shores Subdivision on Bridgers Avenue in Topsail Beach,NC. This letter will document our efforts over the past nine years to dredge at Stanwick Shores. It will show the efforts made to avoid and minimize impacts to SAV and SAV habitat and will also show that various alternatives have been considered to determine if they were viable. The proposed plan is the only practicable alternative to improve the currently permitted Common Area pier. The second paragraph of your letter references recommended revisions to the application and plans by the National Marine Fisheries Service (NFMS) and United States Fish and Wildlife Service (FWS). It also says that the location of the Federal Channel and Setback shown on the permit application drawings are incorrect. This is a critical issue as it relates to the recommended pier extension to avoid impacts to SAV habitat. Paul Magnabosco has recently taken depth measurements and located Channel Marker 9A. Curiously,the channel and Channel Marker 9A are not located as shown on the aerial photo overlay by the Navigation Branch that was attached to your letter. The channel is shown on the wrong side of the marker in the Navigation Branch overlay. The two aerial photo overlays on the following pages show Paul's findings. Marker 9A is actually located on the southeast edge of the shoal as shown on the aerial overlays. Boat traffic follows the deep water which is much closer to the existing pier line than indicated by the Navigation Branch. Boat traffic traverses very close to the existing pier line to avoid the large shoal area. It would be a navigation hazard and liability to extend the pier beyond the existing pier line. Any extension would put the pier in the path of boat traffic and water skiers and thus create a very unsafe condition and potential serious liability. Also,NC Division of Coastal Management(DCM)rules prohibit pier construction beyond the existing pier line. Response Letter to Dave Timpy Tel:910-259-4800 PO Box 895,Burgaw,North Carolina,28425 Fax:910-259-1779 1 'r rl T�!, - �;c.f tc`._.� i t'+^r! r�.�''� `•`t y(. ,.':lj'%� � 1 , .• �.. .. � '�"R. .J �,f J�1� -j: .. .!7 �.'ii. i�r+ .if 1{� ...• xlj i7 .- "1. .. -'{I�. - . '!' .. b�1 '_r{.j' :i .'f :T{.... �� 'ir.'. - s .'ii(t f:`af '. ;•1'}l1:.}; . ., .,�+''i . .� • '' ' � s. ... . ..i:,, .+' ��r4tS Ii;JFs'� t i 11t''' `� .`fl . , ' y y 1 .., r ..;+ .. - � .�ri6.7-. ,1 l)., 1..'i;`' /. �•t.t. f.•)'.)tf ..'fy? 0`'''1..',• ii r:' ;(!1'l t ,.iY'.. x. !: f. i� .: rl� . .. , :I1 �.�. :'/! `f Jl k! ^ � lwx"J(.i-✓' �...r ,11.t . R .1' 'i... i• , ,J - 1 ".i�J .! . , . ir.. .e'� +�. !` L. '• :e 2� f .. :.a, ,. 4:Ji ..:�., `<°. .'-� a''' . WALToNENGiNEERiNg RECEWW ffiv APR 0 8 2013 DC:bI-11 HD CITY SAW-2004-00705 Stanwick Shores SD X=2416777.047473 , Y=230979.553493 Lat: 34.376672 t Long:-77.618781 •. �y r F t �' ` tely 80 Feet'At ;, t � 4 ` X=2413115.056 3 . - aY. ,r Y=228558-18237979 3t 4m Lat' 34 370158 Long:-77,631006 ¢.� ti s 41�or. yr. 7 01 Response Letter to Dave Timpy Tel:910-259-4800 PO Box 895,Burgaw,North Carolina,28425 Fax:910-259-1779 2 WALTON ENGINEERING RECFAvED APR 0 8 2013 orti � � D S410E D N I--MOCITY .D M&�svR�*+� 8•y sn 4c. ON l ilo Vs, MSL / 2004-0470� 3f 3772 fj4p _ 77. 6/86 rmr* ick Shores SD � .r GREE9 X= 2416771.047473 Y= 230979.553493 Lat: 34.376672 Long: -77.618781 �- ox ely 80 Feet s y MOW . . MV Response Letter to Dave Timpy Tel:910-259-4800 PO Box 895,Burgaw,North Carolina,28425 Fax:910-259-1779 3 WALTONENgMERINC APR 0 8 2013 Responses to the request for additional information in your letter are as follows. DCM-MHD CITY a. Viable Alternatives: The plan as proposed has no impact on wetland areas. Also,the plan as proposed minimizes impacts to water areas to the greatest extent possible to provide six boat slips that are functional. The plan as currently approved has much more potential for impact to SAV than the proposed plan. The proposed plan angles the boat slips at 30 degrees to the pier for easier entry and exit from the slip, moving boat props closer to the pier into deeper water and away from SAV compared to the approved plan where the slips are at a 90 degree angle to the pier. The approved plan has boat slips C5 and C6 located in water that is only a foot deep (or less)at low tide. Dredging would deepen the water at these slips and still maintain a bottom depth that remains SAV (eelgrass)habitat according to Table 4.1 of the North Carolina DMF Coastal Habitat Protection Plan (see below). Also,the proposed plan eliminates wet slips as currently approved and has only boat lifts. This will reduce shading of the SAV habitat area and eliminate the presence of anti-fouling boat hull paint near the habitat area. The boat slips cannot be moved any farther water ward for the reasons discussed above. Also,the applicant and Walton Engineering have made significant efforts to redesign the pier and/or boat slips to minimize potential impacts. Multiple alternatives have been considered from the 2004 activity to present and the proposed plan has been found to provide the minimum potential impact. The Common Area pier initially had 8 boat slips that was eventually reduced to 6 slips. The number of boat slips cannot be reduced below the six slips already permitted because there would not be a boat slip for each of Mr. Magnabosco's 6 interior lots along Bridgers Avenue, which is crucial to the economic viability of these interior lots. There is no land available for inland boat storage at the site. Also,there is no way to provide water access for the purchasers of the interior lots without the pier. A boat ramp would be a less valuable alternative if it was feasible, but it is not because it would have impacted coastal wetlands and SAV/Habitat. Boat slips at the end of the pier are not feasible because they would extend beyond the existing pier line. Adding boat slips to the end of the pier would require adding pilings and access structures beyond the existing pier line and in the path of boat traffic. There have been suggestions to remove the tee/pier-head at the end of the pier to facilitate moving the boat slips waterward. This would ruin the function of the pier head. Any extensive demolition and reconstruction work at the end of the pier would more than double the project cost for currently proposed dredging and pier work. Thus the proposed pier layout is the only remaining economically practicable alternative. Response Letter to Dave Timpy Tel:910-259-4800 PO Box 895,Burgaw,North Carolina,28425 Fax:910-259-1779 4 WALTON ENVNEERINg REc>;MBI) Table 4.1. Average environmental conditions at locations where submerged aquatic vegetation occurred in coastal North Carolina,1989-1991. [Source: Ferguson and Wood 19941 Environmental parameter Arp Q R 0 v 2013 Salinity Secchi depth Water depth (ppt) m(ft) m(ft) V species Range Aversea Range Average Range I Average, DCM MHO CITY HIGH SALINITY SEAGPU SS Eel Grass 10->36 26 0.3-2.0 1.0 0.4- 1.7 1.2 (1.0-6.6) (3.3) (1.3-5.6) (3.9) Shoal Grass 8->36 25 0.4-2.0 1.0 0.1 -2.1 0.8 (1.3-6.6) (3.3) (0.3-6.9) (2.6) Widgeon Grass 0-36 15 0.2-1.8 0.7 0.1-2.5 0.8 (0.7-5.9) (2.3) (0.3-8.2) (2.6) OW SALINITY SEAGRASS Redhead Grass 0-20 1 0.4-1.4 0.9 0.4-2.4 0.9 (1.3-4.6) (3.0) (1.3-7.9) (3.0) Wild Celery 0-10 2 0.2-2.0 0.6 0.2-2.3 1.0 (0.7-6.6) (2.0) (0.7-7.6) (3.3) Eurasian 0-10 2 0.2-1.4 0.6 0.5-2.4 1.1 Watermilfoil (0.7-4.6) (2.0) (1.6-7.9) (3.6) Bushy Pondweed 0-10 1 0.2-2.0 0.7 0.5- 1.7 1.0 (0.7-6.6) (2.3) (1.6-5.6) (3.3) Sago Pondweed 0-9 2 0.2-0.4 0.3 0.6-0.9 0.8 (0.7-1.3) (1.0) (2.0-3.0) .0-3.0) (2.6) b. There are no wetland losses in the proposed plan or any previous plans. The only impact to wetlands was the installation of pilings for the already completed pier construction under the existing permit. c. Avoidance, Minimization and Mitigation (for Magnuson-Stevens Act Response): Numerous revisions to the plan have been made since the original application in April 2004 and since the initial application for the plan currently proposed. The first plan submitted had 8 boat slips along the Common Area pier with some of the slips located where beds of SAV existed. It also proposed dredging and area of 0.090 acres (3,920 square feet) and a volume of 268 cubic yards. It was not realized at that time that SAV was going to be an issue. The original plan would have had a direct impact to 273.5 square feet of SAV beds. After meeting Fritz Rhode of NC DMF and Jason Dail of NC DCM on-site on July 21, 2004, Mr. Rhode wrote a letter to Paul Magnabosco saying NC DMF would withdraw their objections to the project if the inward most slips were moved out approximately 20 feet to avoid impacts to the two large patches of SAV present and if the 5 -6 smaller clumps of SAV were moved laterally to areas of similar depths outside the dredging footprint, with monitoring for 1 year after relocation. A revised plan was prepared and submitted on July 26, 2004 with one boat slip eliminated, and the dredge area reduced to 0.071 acres (3,093 square feet) (approximately 212 cubic yards). A mitigation plan for relocating the smaller clumps of SAV was included with the revised plan. The revised plan reduced proposed direct impacts to SAV from 273.5 square feet to 55 square feet. Response Letter to Dave Timpy Tel:910-259-4800 PO Box 895,Burgaw,North Carolina,28425 Fax:910-259-1779 5 evil: ' .•. - .. :d. .. �. .fir-. . .tt � .. r r . �.—_._._. s.. ... �... .. _ _ t , _ t � ,. •. �A...'riC 'ti ..�'? .:d;.,, jSi{iJ �T ,. :l�: r) 'rF: 1: f' .i'...:c::-` { %t. :t ;,fir' , , ri 'i .. `'di t !:"SSM ��" t ,. r 'r•', S; 't. . .. �r. .. •.Y .?r;!'{t, r't i is:1� '`i. . - i' _"[f :,tl. ..'• {.}--il _ i��,: {` �'s,.f,.'i�.t) � ti�tl. 't is �Tri�`t: .� t-C'S�� "; r • ... � ,+' t.�"._ ) ,r � . .:l`,. ,i.: . ij.. +�;. '•1' �..:t.: .1"'r1� r..'..' .. - .- r -ifr ,.., L .. 4 ' .r, j fwv •tW V. Ali VIVY07 VA nAlw• 191T .. ,,.{ ` r{�. � :r'IF'��'�tr'I. 71li ,.'. .Sla ry. m. `N' '�i NI J. �l.J,.. ••r �`,.;`. :(�.l i../ '��: St;,.Y y. �.. i .. .• t '; r 1 '7 .. ;T7,(t .<.C-i't(j; �• ji .''(.• ,.i 'r(r •!'`2 d 1)r/� .:i xi vx `f, 'a,!.. •' i. ,.(j,� :.i�(.1.. /(' Flo dT'Lil) r li-J_, .� _ .:� !! ..iS. i'`.j:`i"•'� f`� 1', `114 :f(:i; I;� + . .. ;(':. .:t.rMON AQ " , {ApPe . 'Loci "I ao , JAW I= n t • a r . rid ',C S.; :•.)! < ...,j.r' ' T1 r • ... s .r.. � 1'.: C •iiJ1+ , ... •tjl :i•t; �,1 . (f.l r J�,r ...:! ai?. ., .11 %'t.v• !`y, �rl ,':j!.r `JiS) 'ia •:Js i' :..i .. r'i t k1: 4o ...lr .r,..l T h t . r . WAL TON EN INEERINdekk �"E'° APR 0 8 Z013 On September 28, 2004, the NC Division of Water Quality (DWQ) issued a lett :.requesting additional information justifying proposed impacts. Walton Engineering respon d with a resubmittal dated October 15, 2004, including a revised plan with reduced impacts. mmkwy area was reduced from 0.071 acres (3,093 square feet)to 0.068 acres (2,962 square feet). Direct SAV impacts were reduced from 55 square feet to 4 square feet. Boat slips were reduced from a width of 15 feet to 14 feet. This eliminated the possibility of installing 13,000 pound capacity boat lifts. 10,000 pound maximum capacity boat lifts would have to be used, limiting boat lengths. The pier design was modified to relocate the shoreward most finger piers outside of the dredging area. The pier was moved out an additional 6 feet to the furthest existing pier line. This movement, in addition to the width reduction of the boat slips and movement of the two finger piers, allowed the shoreward dredging line to be moved out 14 feet, minimizing the dredging area and impacts to SAV. In total,this line was moved out 18 feet since the first submittal. In this modification,the number of boat slips was increased back to 8 slips. On December 13, 2004, Mike Street of NC DMF wrote a memo to Alan Klimek and Doug Huggett stating that DMF was opposed to the project because it would"likely cause significant adverse impacts to SAV habitat at the project site." The memo included discussion of concerns about direct and indirect impacts to SAV and SAV habitat as well as the proposed plan to relocate smaller clumps of SAV (i.e. proposed mitigation). Although Fritz Rohde had earlier indicated that DMF would allow mitigation by relocation, Mr. Street's memo said"there is no reasonable chance for successful mitigation of the project's impacts." On December 16, 2004,NC DWQ issued an approval of a 401 Water Quality Certification that included dredging of 0.068 acres (2, 958 square feet)of Non-Vegetated Wetlands (open water). This approval excluded the proposed 4 square feet of SAV impacts by dredging. As a result of objections to the project due to SAV, a meeting was held on February 2, 2005 at the Morehead City office of NC DCM. In attendance were Paul Magnabosco, Mark Walton, and representatives of NC DMF, DCM, DWQ, EFH, and NOAA. Subsequent to the meeting, Walton Engineering submitted a revised application on February 24, 2005 with dredging removed from the plan and the number of boat slips reduced from 8 to 6. This was done because Mr. Magnabosco did not want to drag the project out any longer and because of the cost of engineering and permitting. Mr. Magnabosco spent $29,548 on engineering and permitting from the beginning of the project to issuance of the CAMA Permit. This cost does not include surveying or permit fees. Mr. Magnabosco applied for and paid $4,000 for Express Permitting. His loan interest payments for purchasing the property amounted to nearly $4,000 a month. By the time of the DCM meeting on February 2, 2005, interest and costs due to permitting delays had already reached almost$40,000. With permitting related costs already approaching $70,000, Mr. Magnabosco could no longer afford further delays and had to remove dredging from the CAMA Permit application. Interestingly, by this point, the permitting related costs associated with avoidance and minimization, and the search for the most practicable alternative had reached the estimated total construction cost for all three of the piers for the project. Response Letter to Dave Timpy Tel:910-259-4800 PO Box 895,Burgaw,North Carolina,28425 Fax:910-259-1779 6 .. r .. .. `i :ii RYI� .;,. .?/ j. Ift .. +fi , `li f(}F•;t r , •. ii'.. ,ti. ,.�.l,lr'era`..�}. �•; i}.. �_ ,��t;� - .'� t E . , �I ri, • '.� „'/ '�„fir} 4' ,t. l i-} �� .',�R,. .,F! 'is. .. - !�j/� P': I >1 ' i,�.. , �jt. .J`..i:."„' t �1f ..d: jt..: .. t !•` ti1. % 'd} .. ,«'�r i • !` ,, r�,f (,,lr 3'.''!J ,,,.. {' _. s� id! '+ ;ily 3f.''!{;.'i�, • _ - � �._ .,i. _ �Jd i♦�"air c! -�� '/c i .� %r �;// .'iil Wit! .. - ` .i.' • ;i <: :%v ' `F '`.. i:i 001 :.+:l+i '. :" woo, �t .. .f J• .�. j ♦-.1 . o ic..r , ,IC .f/ .., nil ; lye, r, :r'' �� c. .}'. r i ii( d2ir- .._ dJt.'< a . :}t �,♦�. iL �i :Y. ... - r .li rr ;9 iii .i:'u two r. WE001 .. Al d.'lir„ilk 1+. .. si .i'. .. ._ .. . ,r .., `F'.rr- .. r , d .. � -f• , a -" t. lr. iri WAL TON ENgI EERIN� On April 28, 2005, CAMA Major Permit 60-05 was issued for the project with no dredging and 6 boat slips. The Common Area pier has been constructed as permitted with 6 wet slips perpendicular to the pier. The water depth was surveyed at low tide and is shown on the current project plan. At times, the depth is shallower than shown at low tide. The inland most boat slips are in less than one foot of water at low tide. As currently permitted, the boat in slip C5 would have to navigate closer to SAV and in shallower water to enter and exit the slip than it would in the currently proposed plan with dredging and angled boat slips. In December of 2011, Mr. Magnabosco initiated a plan revision and renewed attempt to get dredging permitted for the project via a permit modification. On February 13, 2012 a scoping meeting was held at the NC DENR Wilmington Regional Office. Attendees are shown below. SIGN UP SHEET SCOPING MEETING RECEIVED Stanwick Shores Topsail Beach — -- Y� Ponder County, .--._--_ __---___----------------..___._. APR 0 8 2013 2/131201z !Name enc Phone Email Cameron Weaver NCDENR-DEAD 910-796-7303 Ctuncm.Weaver@ncdenr.eov y1(;;�j jl CITY U RonSechler NOAA-NMF 252-728.5D90 Ron.Sechler@noaa.eov v Jason Dail DCM 910-796-7221 Jason.Dail@acdcnr.eov Debbie Wilson DCM 910-796-7266 Debra.Wilson@ncdenrsov V Jmi Baker DMF 910-796-7311 Jessi.Baker@ncdenr.gov V Molly Ellwood WRC 910.796.7427 Mollv.Ellwood@ncwildhfe.m Dave Timpy USACE 910-2514634 David.LTimpv@usacc.armv.mil Joanne Steenhuis DWQ-401 910-796-7306 Joanne-SteeMuis@uodenr.eov Linda Lewis DWQ-Stormwater 910-796-7301 Limia.Lcwis@ncdeur.eov V v' Ed Jackson DMF-Shellfish 910-796-7240 Ed.Jackson@ncdenr.gQv Paul Magnabosco Stanwick Shores 61 q�888$ paulmaa@ec.rr.com Mark Walton Walton mark@waltoneneineerinY.net ✓ EngineeringL SGi-it4Q IJ *By Conference Call NCDET'R WILMINGTON REGIONAL OFFICE 127 CARDINAL DRIVE VAtbnNGTON,NC 294M 910-79&7215,FAX 910-350-2M4 Response Letter to Dave Timpy Tel:910-259-4800 PO Box 895,Burgaw,North Carolina,28425 Fax:910-259-1779 7 WALTON ENgMERING The plan presented at the February 13 scoping meeting had six boat slips angled at 30 degrees to the pier and a dredge area of.080 acres (3,498.5 square feet), a dredge volume of 237 cubic yards, and a maximum dredge depth of 2 feet. Wet slips have been eliminated and replaced with boat lifts, reducing shading and effects of bottom fouling paint. The average dredge depth in the plan was 1 foot, starting at the 4 foot bottom contour with a 0 dredge depth and stopping at the 2 foot contour with a 2 foot dredge depth. Dredging is to be done by shovel and barge (no prop dredging)to eliminate concerns about SAV fouling from prop dredging. The purpose of angling the boat slips was to facilitate navigation in and out of the boat slips, but it also minimizes impacts to SAV by keeping boat motors in deeper water and by reducing or eliminating navigation over or near SAV beds. With the slips angled at 30 degrees to the pier,the motor of a 23 foot boat is located more than 11.5 feet waterward (into deeper water)than the motor of the same boat docked perpendicular to the pier as currently permitted. A second Scoping Meeting was held on May 21, 2012. Attendees are shown below. Based on comments from the scoping meeting,the plan was further revised with a reduced dredge footprint. The dredge area was moved waterward to reduce shallow water impacts. The revised dredge volume was lowered to 162 cubic yards. SIGN UP SHEET SCOPING FETING ------------- - - Sranwick Shores D� Topsail Beach yW Pander County _ --- ------- ... - sn1n012 $ 20�3 �— Namc Phone Emad APR 0 CaRicron Weaver VCDENR-DEAD 910-796-7303 i CuIerm Waver@ncdmr.eov Ron Sechler NOAA-NMF 252-728-5090 RShler@ waa.aov D�i.��J.1 Ci Jason Dail DCM 910-796.7221 laeon,Da'l@ncdent•.M tea+lYiiw JoanrcSteeihuisffy DWQ-401 910-796-7306 JQa[uta$txnhuh@ncdearpsy Jess'Baker DMF 252-808-so64 Jeasi3laker@nrdeor.¢ov Molly Ellwood III WRC 910-796-7427 h4ay.Ellwood0nnvildlife.Qlg DavaT-ry USACE 910-251.4634 David.LTi=y@uuace.armv.mil Edlackaoa DAP-ShafYah 910-796-7240 Ed.lackaon@ncdenueov Mark Walton Walton 910.2594800 muds@vnitamena'nceri a ttat En A.J L M k�vq i •B CoaferenaaC— xa>ENR AM-NM ON REGIONAL OFFICE 127 CARDNAL DRIVE WUJWNaMX.NC 21405 91C-796--2 M FAX 910-350-2W4 Response Letter to Dave Timpy Tel:910-259-4800 PO Box 895,Burgaw,North Carolina,28425 Fax:910-259-1779 8 • - r r. � 1! .oif"t Y, .•i tS?:'?�?i'. _, .C�f. !.. '(i's:)lfdrt-� .f�i Tt> .. .iLr��i:, ro +l:{:..� j' . 01. ! ;: jl`, !. • �;.. yr,i.y t, t�` ;j . . . .. .rr.�{JiG y .. . rSP+.r� fl:3fr+. s. ,fl'rJ .sJ,(t' •�.. `�:rl;,; . l�: .':iad 'jo' .) iuo i.; r j(fr :! °t /Jill 'k:. ) ., iv .' t fa :Iili � ��!/ :�'7�a !.:•( .1(7s ,`J..' - .. {. 'F: ..- '� ✓! ..� I?t,f +.r ;fYr t}{fit .i . J. 1,i /1' •`i� ai .. ...Sits; 0" ..'1 ? wk - 01 Volvo, fallO };.a: ;`_':E.. .`i,. ..A a t. Iry w,Anrnp <.L: �,. :d;l'.1;.�. ..Sl'fr _IC '.�:;�'-1•. .:ri+ i i +1' . ii' _.t' t' .. ,'r. .�11 (,.. f> •-r a '♦ .r.s �� i.J .:�'l� .., � �1 L. � 3�iJ�l~ +.� r),]�.:''•:1tt. 'l J. .. !A) - A. ... ..- ��li'1',a•t .r'1_ • .. ). .i .. f t 'Tr WALToNENgtKERINc>riv�D , w APR 0 8 2013 Another revised plan was prepared on July 18, 2012. This plan had no direct S impacts, a dredge area of 0.066 acres (2870.8 square feet), same maximum and average de '! ,and a dredge volume lowered further to 106.3 cubic yards. DCM-MHD CITY Another revised plan was prepared on July 30, 2012. This plan added a 45 degree slope at the dredge perimeter to address concerns about sloughing. The dredge area was reduced to 0.063 acres (2723.5) square feet, with a dredge volume of 100.8 cubic yards. This plan is the current plan proposed and has no dredging proposed in SAV beds. The proposed dredge depths do not exceed 2 feet below existing bottom depths and do not result in bottom depths more than 4 feet below actual low water depths. Therefore,the resulting depths after dredging are less than the maximum depths considered SAV (eelgrass)habitat by the NC Coastal Habitat Protection Plan. An application for modification of the CAMA Major Permit was submitted on July 31, 2012 with this plan included. Similar to our experience with the initial permitting, permitting costs for the revised plan have been extensive. These costs are associated with further progress toward avoidance and minimization, and the continued search for the most practicable alternative. In this instance, permitting related costs have totaled$15,995.40 from 2011 to date. Significantly,this amounts to more than the expected construction cost for dredging and Common Area pier modifications (less than $10,000). The record shows that significant efforts have been made to avoid, minimize and mitigate impacts to SAV in the history of this project. The current plan has no direct impacts to SAV beds. The reconfigured boat slips and dredge depths greatly reduce potential impacts to SAV by boating operations. Using boat lifts instead of the currently permitted wet slips will mitigate potential impacts to SAV by shading and exposure to bottom fouling paint. Dredging is to be done by shovel and barge to reduce or eliminate indirect effects to SAV by sediment. No dredging is proposed in SAV beds. SAV habitat will be preserved in the dredge area by maintaining depths that constitute SAV habitat. A 45 degree slope at the dredge perimeter will prevent or minimize sloughing. And, to address the suggestions that the boat slips can be moved 20 feet waterward, it is not permitted to move the pier beyond the existing pier line by DCM rules. Plus, it would be a safety hazard and liability issue to move the pier by any amount waterward because it would encroach into the navigation channel actually being used. And, in the event that those suggesting moving the slips 20 feet waterward are suggesting this be done by removing the pier head, CAD analysis has shown that this modification would only result in moving boat motors 8 feet waterward compared to the proposed plan. This option would eliminate any use of the existing pier head, which is an unacceptable alternative. Summary: The information presented in this letter has shown that the project as proposed is the best practicable alternative, especially compared to the project as currently permitted. It has been shown that extending the pier is not an alternative due to regulatory restraints, safety issues related to boat traffic and potential liability. This is exacerbated by shoaling that exists in the boat channel that is causing boat traffic to travel close to the existing pier line established by 13 adjacent piers. The project history demonstrates that a tremendous amount of effort has been put into avoidance, minimization and mitigation. It is especially important to note the miniscule amount of material to be dredged(100.8 cubic yards). This equates to about 8.5 dump truck Response Letter to Dave Timpy Tel:910-259-4800 PO Box 895,Burgaw,North Carolina,28425 Fax:910-259-1779 9 • i R i , iiif-1 �(11%1 vi'p- S ii'OW . .:-J., ` : O 1(3 ow .. )': .. .,. , ... . -(., l i'i.i+\�F, 1.�) '� vl.. 7::�� `.;•it) .. Y .1,. •J. ,.ii j)'., i�... .. a, 'Ji,:if a W u F.r' .'i!q0v4 i nA .-t. {,,,, �r ,� , ., !•J,,fY'73}:j xx U1 . rs _. '!3 t31l�..�1 !+�' 9..�i,. . 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". >• ''.li lr J`: -i..};. �:E' , ,'( r Y ..�' i.i.fY: a. ° '!rj f' '.,i{11 G�'ri?�'S�..`4 ,, t,is E}:�1 i '}`� Y�. fl l.' ..i 31'.l,•;' ,�7 t_tN' .ir: .ill .;hI . .lC 1 0110,, — , �. , ., si: 3 .'`s. 1 .., i j! j .,.''I'_,i' 'r 1011 tl� XJi rr'. Y rii, 't ;{,. ,it} �Si.... Wi f!, S.'li:! '. rff',t r• if' ' :id sTI:, S+ ! CiS tii'fi'. 'r, , 1 '1.: r ;.)�l'? •t '9 {y� 7 l.,l�l - e!1>.. 1' .; . t , Ilia, 4 0,i.m y. GA ; >F rI .i. _ is ,... .r't:• _Grr;Cr is . if _Y. ( <.::�'.'t'.151'." rwlp r'LA i, of tJvFiir(if. t F° ri;it Jr::k.i rj. , �+ .i '�'''�lr,.j)_'}1 •' .!{i; at}: ;i'if.3• ii' :(: �� :j{� .. ., ' . _.. ij,'Ii;,l �_� F t '' '!•. ;"i 1;. iir' . f''sf.`{t".iCF%. ,r .. rv. ..,f,}`. 'i�.Ii}":Li �<�`{')+ { S l',• <f'a. J•f tj ')'r3:1` ` •' L,o ,..r Ii c`t!>: :fi„'rs �: .i..�tJ�C,7 fJ .7 i'.II�F{.-.tip:.{ .. ;i. tSi. .. f: ti !`- ., ,'i, ie..' 'a, ii' OF kn , ., .al.: WAL TON EN INEERIN MEWED loads of material. There is no dredging proposed in SAV locations. The dredging .64 go��013 by shovel and barge to minimize or eliminate siltation of nearby beds of SAV as c pared to prop dredging. The dredge area will remain viable SAV habitat because the maxin nfil�pcffv depth after dredging will be approximately 3 feet below actual low water level. Therefore,the proposed dredging does constitute removal of SAV habitat. (It should be noted that the plan shows bottom elevations relative to NAVD88 datum and water depths surveyed at low tide. Example: 2/0.8, with 2 being the NAVD elevation and 0.8 being the water depth at low tide. The NAVD elevations do not represent water depths.) Where dredging starts at the 4/2.8 contour, the dredge cut will be zero feet. Where dredging terminates at its most shoreward limit,the dredge cut will be 2 feet where the water is currently less than 1 foot deep at low tide. It should be noted that comments provided by Maria Dunn of North Carolina Wildlife Resources Commission stated that "The current proposal will directly impact a minimum of 3,024 ft2 area of SAV by excavating the proposed area to -4' NLW." This is incorrect. The excavation area contains no SAV. And, as discussed above, the maximum water depth at low tide will be approximately 3 feet. It is very important to all concerned to consider the proposed plan as compared to the existing permitted plan. The proposed plan is far superior to the existing plan in reducing, eliminating and minimizing impacts and potential impacts to SAV and SAV habitat. If you have any questions or comments,please call me at 910-259-4800 or e-mail me at mark@waltonengineering.net. By the way, we have not included copies of the numerous revised plans because the plans are larger than 11 x 17 and would require 27 copies of each plan for distribution to NC Agencies. The last set of plans cost $400 to produce. We will gladly send pdf copies of the plan iterations electronically if requested. They can be viewed with a regular pdf viewer using the zoom tool to facilitate viewing on a regular size computer monitor. Sincerely, 1 W R. Mark Walton N.C. Professional Engineer Registration No. 16879 cc: Jonathan Howell Paul Magnabosco Attachments: NC Agency Comments Response Letter to Dave Timpy Tel:910-2594800 PO Box 895,Burgaw,North Carolina,28425 Fax:910-259-1779 10 4� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary January 9, 2013 Paul and Susan Magnabosco 3306 Tipton Court Wilmington,NC 28409 Dear Mr. and Mrs. Magnabosco: The Division of Coastal Management hereby acknowledges your January 7, 2013 request that the Coastal Area Management Act permit application for the proposed project at 116 and 120 Bridgers Avenue, Stanwick Shores Subdivision,Topsail Beach, in Pender County,be placed in abeyance. Processing of your application will be placed on hold until such time as a written request is received in this office requesting a resumption of application processing. As required by NCAC T15A:07J.0204(d),during the pendency of any termination of processing,the permit processing period will not run. Upon my receipt of a written request to reinitiate processing,the Division of Coastal Management will resume processing of the application at the point where it was terminated. If you have any questions concerning this matter,please feel free to contact me at(252) 808-2808, or by e-mail at Jonathan.Howell@ncdenr.gov. Sincerely, ' 1 Jonathan Howell Asst. Major Permits Coordinator 400 Commerce Ave.,Morehead City,NC 28557-3421 One Phone:252-808-28081 FAX:252-247-3330 Internet:www.nccoastalmanagement.net NorthCarolina An Equal opportunity 1 Affirmative Action Employer Ndulealloff TWALTON ENGINEERING .T January 4,2013 Mr. Dave Timpy Wilmington District,Corps of Engineers 69 Darlington Avenue Wilmington,NC 28403-1343 Re: Paul and Susan Magnabosco, Stanwick Shores Subdivision, CAMA Permit No. 60-05 Dear Dave, We received your letter dated December 12, 2012 in reference to the application to reconfigure and existing dock facility and perform new dredging at the subject site located between 116 and 120 Bridger's Avenue,adjacent to Banks Channel and Topsail Sound,in Topsail Beach,Pender County,North Carolina. In the letter,you requested to be made of the Magnabosco's intentions, in writing,on or before January 11,2013. Because of the holidays and hard deadlines that coincided with the time period for a response, we would like to request and extension until January 31,2013 of the deadline for a response. Please let me know if this is acceptable at your earliest convenience. RECEIVED JAN 0 7 2013 Sincerely, DCM-MIiD Clry R. Mark Walton N.C. Professional Engineer Registration No. 16879 e-mail: markAwaltonengineering.net cc: Paul and Susan Magnabosco Ms. Debra Wilson Mr. Doug Huggett Mr. Fritz Rhode Mr. Pete Benjamin Ms. Joanne Steenhuis Mr. Pace Wilber Request for Extension to Dave Timpy Tel:910-2594800 PO Box 895,Burgaw,North Carolina,28425 Fax:910-259-1779 TIC DEPARTMENT OF THE ARMY \� WILMINGTON DISTRICT,CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 . aErl,r To - ATTENTION OF: December 12, 2012 RECEIVED Regulatory Division DEC 14 2012 Action ID No. SAW-2004-00705 DCM MRD CITY Paul and Susan Magnabosco 3306 Tipton Court Wilmington,North Carolina 28409 Dear Mr. and Mrs. Magnabosco: Please reference your application for a Department of the Army authorization to reconfigure an existing docking facility and perform new dredging at a site located on Bridger's Avenue, between 116 and 120 Bridger's Avenue, adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County,North Carolina. After review of your proposal, letters dated December 7, 2012 by the National Marine Fisheries Service (NMFS) and December 5, 2012 by the United States Fish and Wildlife Service (copies attached), respectively, have recommended revisions to your application and plans. These recommendations are due to anticipated adverse environmental impacts. The Corps also has similar concerns. In addition, based on comments from our Navigation Branch the location of the federal channel and setback shown on your permit application drawings are incorrect. Attached is a drawing that shows the Corps AIWW channel and setback to this channel. Also, on February 6, 1990, the DA and the U.S. Environmental Protection Agency signed a memorandum of agreement (MOA) establishing procedures to determine the type and level of mitigation necessary to comply with Clean Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands through the selection of the least damaging, practical alternative; second, taking appropriate and practical steps to reduce impacts on waters and wetlands; and finally, compensation for remaining unavoidable impacts to the extent appropriate and practical. To enable us to process your application, in compliance with the MOA, we request that you provide the following additional information: a. Permits for work within wetlands or other special aquatic sites are available only if the proposed work is the least environmentally damaging, practicable alternative. Please furnish information regarding any other alternatives, including upland alternatives, to the work for which you have applied and provide justification that your selected plan is the least damaging to water or wetland areas. -2-' b. It is necessary for you to have taken all appropriate and practicable steps to minimize wetland losses. Please indicate all that you have done, especially regarding development and modification of plans and proposed construction techniques, to minimize adverse impacts. c. The MOA requires that appropriate and practicable mitigation will be required for all unavoidable adverse impacts remaining after all appropriate and practicable minimization has been employed. Please indicate your plan to mitigate for the projected, unavoidable loss of waters or wetlands or provide information as to the absence of any such appropriate and practicable measures. Our administrative process provides you the opportunity to propose a resolution and/or rebut any and all objections before a final decision is made. In this regard, I would appreciate being made aware of your intentions, in writing, on or before January 11, 2012. 1 am responsible for processing your application and available to assist you in coordinating with the review agencies. If you have any questions you may call me at (910) 251-4634. Sincerely, j : Dave Timpy, Project Manager Wilmington Regulatory Field Office Enclosures Copy Furnished (with enclosures): Raymond Walton Walton Engineering PO Box 895 Burgaw, North Carolina 28425 Copies Furnished (without enclosures): Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 1 l� 0 North Carolina Wildlife Resources Commission 9 Gordon S. Myers, Executive Director MEMORANDUM RECEIVEu DEC 10 2012 TO: Doug Huggett, Major Permits Processing Coordinator Division of Coastal Management North Carolina Department of Environment and Natural Resources '`IqD CITY FROM: Maria T. Dunn,Northeast Coastal Region Coordinator Habitat Conservation Program DATE: December 7, 2012 SUBJECT: CAMA Dredge/Fill Permit Application for Paul and Susan Magnabosco for Stanwick Shores SD, Pender County,North Carolina. Biologists with the North Carolina Wildlife Resources Commission(NCWRC)reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at the far end of Bridgers Ave. adjacent to Banks Channel and Topsail Sound in Topsail Beach,NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to reconfigure the existing docking facility by relocating the fixed finger piers and by excavating the area around the footprint of the community dock. A previous request for dredging in this area was received in 2004. Numerous statements of concern and objections were received during the application review process from state agencies regarding the impact dredging had on existing submerged aquatic vegetation(SAV). As a result of these concerns, the proposed excavation was removed from the project description. The current proposal will directly impact a minimum 3,024 W area of SAV by excavating the proposed area to-4'NLW. This area of Banks Channel and Topsail Sound are classified SA by the Environmental Management Commission and is open to shellfish harvesting. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh,NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 CMDF_Magnabosco/Stanwick Shores 2 December 7,2012 The NCWRC has reviewed the permit application and is concerned with the project proposal. As stated during earlier reviews of the previous project, we believe the project should be designed to avoid disturbance of SAV due to important habitat and water quality functions it provides for numerous aquatic resources. It cannot be seen from this proposal that avoidance or even minimization has been demonstrated. Therefore, we request the applicant modify the structure design and project proposal to avoid SAV disturbance. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916. RECEIVED f)EC' 1 0 I012 DC,Nf-,X1HD CITY FNT OF UNITED STATES DEPARTMENT OF COMMERCE !, National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE OSrAr¢5 Of Southeast Regional Office 263 13`h Avenue South St.Petersburg,Florida 33701-5505 (727)824-5317;FAX(727) 824-5300 http://sero.mnfs.noaa.gov/ December 7, 2012 F/SER4: FR/pw (Sent via electronic mail) Colonel Steven A.Baker,Commander US Army Corps of Engineers Wilmington District 69 Darlington Avenue Wilmington,North Carolina 28403-1398 Attention: David Timpy Dear Colonel Baker: NOAA's National Marine Fisheries Service(NMFS)reviewed Public Notice Action ID No. SAW-2004- 00705 dated November 20,2012. Paul and Susan Magnabosco(Stanwick Shores)propose to reconfigure their docking facility and incorporate new dredging in Topsail Sound,Pender County. The Wilmington District's initial determination is the proposed project may adversely impact essential fish habitat(EFH) or associated fisheries managed by the South Atlantic Fishery Management Council(SAFMC),Mid- Atlantic Fishery Management Council(MAFMC),or NMFS. The District indicates their determination is based on the excavation of 3,024 square feet of shallow water/submerged aquatic vegetation(SAV) habitat. As the nation's federal trustee for the conservation and management of marine,estuarine,and diadromous fishery resources,the following comments and recommendations are provided pursuant to the authorities of the Fish and Wildlife Coordination Act and the Magnuson-Stevens Fishery Conservation and Management Act(Magnuson-Stevens Act). Description of the Proposed Project The applicants propose to reconfigure an existing docking facility,which was permitted in 2005,by relocating the fixed finger piers associated with the community docking system. In addition,the applicant is planning to incorporate new dredging around the footprint of the community dock(i.e.,new boat basin). The applicants had previously requested authorization for this new dredging,but based on negative comments from several resource agencies,the applicant voluntarily withdrew their CAMA permit application. Impacts to Essential Fish Habitat The project will impact 3,024 square feet of shallow bottom and SAV habitat. SAV beds exists immediately adjacent to the proposed dredge footprint. Dredging next to SAV beds exposes the area to erosion,slumping, and sedimentation from dredge activities. Damage from prop dredging is likely. The SAFMC designates SAV as a Habitat Area of Particular Concern(HAPC)for estuarine members of the snapper-grouper complex,such as gag grouper(Mycteroperca microlepis). HAPC's are subsets of EFH that are rare,particularly susceptible to human-induced degradation,especially important ecologically,or located in an environmentally stressed area. The SAFMC identifies shallow sub-tidal bottom in estuarine waters as EFH for brown shrimp(Farfantepenaeus aztecus),pink shrimp(F. duorarum),and white K I% 6 shrimp(Litopenaeus setiferus). SAFMC identifies these areas as EFH because fish and shrimp concentrate in these habitats for feeding and refuge and experience high growth and survival rates when located in these habitats. Detailed information on the EFH requirements of species managed by SAFMC is provided in a comprehensive amendment to the fishery management plans that designated EFH and in the Fishery Ecosystem Plan of the South Atlantic Region(which is available at www.safmc.net). The project area also likely includes bluefish(Pomatomus saltatrix)and summer flounder(Paralichthys dentatus). These species are managed by the MAFMC,and that council designates estuarine areas as EFH for these species. Detailed information about the EFH requirements of species managed by MAFMC are included in separate amendments to individual fishery management plans. EFH Conservation Recommendations Section 305(b)(4)(A)of the Magnuson-Stevens Act requires NMFS to provide EFH conservation recommendations when an activity is expected to adversely impact EFH. Based on this requirement, NMFS provides the following: EFH Conservation Recommendation • The proposed dock shall be reconfigured so that all slips are moved closer to the channel and out of SAV habitat. Alternatively,the impacts to SAV shall be eliminated by removing slips C5 and C6 from the plan and reducing the dredging footprint. Section 305(b)(4)(B)of the Magnuson-Stevens Act and its implementing regulations at 50 CFR 600.920(k)requires your office to provide a written response to our EFH recommendations within 30 days of receipt. If it is not possible to provide a substantive response within 30 days, in accordance with our"findings"with your Regulatory Functions Branch, an interim response should be provided to NMFS. A detailed response must then be provided prior to final approval of the action.Your detailed response must include a description of measures proposed by your agency to avoid,mitigate,or offset the adverse impacts of the activity. If your response is inconsistent with our EFH conservation recommendations,you must provide a substantive discussion justifying the reasons for not following the recommendation. The detailed response should be received by NMFS at least ten days prior to final approval of the action. Thank you for the opportunity to provide these comments. Related questions or comments should be directed to the attention of Mr.Fritz Rohde at our Beaufort Field Office, 101 Pivers Island Road, Beaufort,North Carolina 28516-9722 or at(252)838-0828. Sincerely, / /au 41A /for Virginia M. Fay Assistant Regional Administrator Habitat Conservation Division cc: COE,David.L.Timpy@usace.amry.mil USFWS,Pete_Benjamin@fws.gov NCDCM,Doug.Huggett@ncmail.net NCDENR,Jessi.Baker@ncdenr.gov EPA,Fox.Rebecca@epa.gov SAFMC,Roger.Pugliese@safmc.net F/SER4,David.Dale@noaa.gov,Fritz Rohde@noaa.gov -2 - t o�QPP��ENT ory�/ym United States Department of the Interior 0 FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 4RCH 3 �0 Raleigh,North Carolina 27636-3726 December 5, 2012 Mr. Dave Timpy, Project Manager Wilmington Regulatory Division U. S. Army Corps of Engineers 69 Darlington Ave. Wilmington,NC 28403-1343 Subject: Paul and Susan Magnabosco; Request for Federal Agency Comments Action ID. No. SAW-2004-00705 Dear Mr. Timpy: This responds to your email of November 20, 2012, requesting comments on Paul and Susan Magnabosco's request to modify a previously authorized permit for an existing docking facility, to relocate fixed finger piers associated with the community docking system and to dredge a new boat basin around the community dock. The Corps has determined that the proposed project will have no effect on federally- listed endangered or threatened species. The U.S. Fish and Wildlife Service (Service)has reviewed the North Carolina Division of Coastal Management's (CAMA) Field Investigation Report and the CAMA permit application. This letter is provided in accordance with section 7(a)(2) of the Endangered Species Act (ESA) of 1973, as amended(16 U.S.C. 1531 et seq.), and the Fish and Wildlife Coordination Act(FWCA) (48 Stat. 401, as amended; 16 U.S.C. 661-667d). According to the State Field Investigation Report, the entire area surrounding the project site has been confirmed by the North Carolina Division of Marine Fisheries as Submerged Aquatic Vegetation (SAV)habitat area. The area contains beds of SAV, very close if not within the dredge footprint. In addition,the waters are classified as SA by the Division of Water Quality, and are open to the harvesting of shellfish. The dredging portion of this project would remove approximately 3,024 square feet of shallow bottom SAV habitat area in open SA waters. The request to dredge was made during the previous permitting process, but negative comments prompted the applicant to voluntarily withdraw the dredging portion of the project from the previous permit application. SAV provides important habitat and water quality functions. SAV beds are essential habitat for many animal species, including those important to commercial fisheries, such as red drum, spotted seatrout, shrimp, and crabs. The beds reduce turbidity by reducing the velocity of water flow so that suspended sediments settle. SAV can also improve water quality by removing dissolved nitrogen and phosphorus from the water column. The Service recommends that the permit prohibit any dredging of SAV habitat. 2 West Indian Manatee Manatees may be present in North Carolina waters from June through October. If the applicant implements the precautionary measures for avoiding impacts to manatees in the Service's "Guidelines for Avoiding Impacts to the West Indian Manatee,"then the Service would concur with a determination that the project as proposed is not likely to adversely affect the West Indian manatee, and the requirements of section 7 (a)(2) of the ESA will be satisfied for this project. However, the Corps' obligations under the ESA must be reconsidered if: (1) new information identifies impacts of this action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. ,5ummaryof Recommendations: • The Service recommends that the permit prohibit any dredging of SAV habitat. • The Service recommends that the permit include a requirement to implement the "Guidelines for Avoiding Impacts to the West Indian Manatee"during any work that is conducted. Thank you for the opportunity to comment on this project. If you have any questions concerning these comments, please contact Kathy Matthews at(919) 856-4520, Ext. 27, or by e-mail at <kathryn_matthews@fws.gov>. (1HNl IN�a Sincerely, / m� ZIOZ L j �3� ) te Benjamin Field Supervisor cc: Fritz Rohde,NOAA Fisheries Jeffrey Garnett, USEPA Doug Huggett,NC Division of Coastal Management, Morehead City, NC Debra Wilson,NC Division of Coastal Management, Wilmington,NC Jessi Baker,NC Division of Marine Fisheries, Wilmington,NC Chad Coburn,NC Division of Water Quality, Wilmington, NC 4 �Y� NCDENR North Carolina Department of Environment and Natural Resources Division of Marine Fisheries Beverly Eaves Perdue Dr. Louis B. Daniel III Dee Freeman Governor Director Secretary MEMORANDUM: TO: Doug Huggett, DCM Major Permits Coordinator THROUGH: Anne Deaton, DMF Habitat Section Chief FROM: Jessi Baker, DMF Marine Biologist )" , SUBJECT: Stanwick Shores dredging, Paul and Susan Magnabosco, Topsail Beach, NC DATE: November 26, 2012 The North Carolina Division of Marine Fisheries (DMF) submits the following comments pursuant to General Statute 113-131. DMF has reviewed the CAMA Major permit application from Paul and Susan Magnabosco regarding the proposed dock reconfiguration and new dredging in Topsail Sound. Depths inside this dredge footprint range from 0.6 to 2.5 feet at MLW and SAV exists immediately adjacent to the proposed footprint. The entire footprint is considered SAV habitat. A similar dredging project was proposed in 2004 and denial was recommended by DMF due to SAV impacts. On June 12, 2012, DMF met with the applicant onsite and confirmed the SAV survey provided. Dredging immediately adjacent to SAV beds directly exposes the area to erosion, slumping, and deposition of sediments or overspill from dredge activities. SAV located so closely to a slip will likely experience "prop dredging". All of these scenarios will result in a loss of SAV. During the onsite visit, staff learned that each slip will need to be approximately four feet narrower than the existing slip width due to the conversion to boat lifts. DMF also notes that there are no designated slips at the end of the dock. To avoid dredging impacts to SAV, DMF recommends reconfiguring the docking facility so that all slips are moved closer to the channel and out of SAV habitat. At this location, this translates to relocating all slips so that the landward slip boundary is approximately 12 feet waterward from the existing location. Dredging will be considered once impacts have been minimized through reconfiguration. Due to the si nificant advers im acts to SAV and that are caused by dredging activities, DMF objects to this project. DMF would remove this objection t the proposed dredging was reduced and moved waterward by at least 12 feet. Please feel free to contact Jessi Baker at (252) 808-8064 or jessi.baker@ncdenr.gov if you have any further questions or concerns. 5285 Hwy 70 West,Morehead City,North Carolina 28557 NorthCarofina Phone:252-808-8066\FAX:252-727-5127\Internet:www.ncdmf.net ;Vaturally An Equal Opportunity\Affirmative Action Employer MEMORANDUM To: Jonathan Howell From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Paul and Susan Magnabosco for Stanwick Shores subdivision, Topsail Beach, Pender County Date: November 14, 2012 Consistency Determination: This project is consistent and not in conflict with the Topsail Beach Land Use Plan update. The applicant is proposing to reconfigure the existing docking facility and incorporate new dredging. The project is located at the far northern end of Bridgers Avenue, adjacent to Banks Channel and Topsail Sound in Topsail Beach, Pender County. Areas of Environmental Concern(AEC's) impacted by the proposal are ES, 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 Limited Transition, while the AECs impacted by the work are classified as Conservation. In general,the Topsail Beach Land Use Plan allows development in 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 is consistent with the Topsail Beach Land Use Plan Update. Cc: File November 6, 2012 RBCENED NOV 13 2012 MEMORANDOM M i' TO: Doug Huggett NC DENR-DCM ajor Permits Coordinator From: Ed Jackson Shellfish Sanitation and Recreational Water Quality Section SUBJECT: CAMA/D&F Major Permit Application Review Applicant: Paul & Susan Magnabosco for Stanwick Shores S/D Project Location: Far north end of Bridgers Ave., adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County Proposed Project: Reconfigure docking facility and incorporate new dredging. The proposed reconfiguration of a community dockage facility will be located in waters that are open to the harvest of shellfish. The reconfiguration of 6 slips in this existing dockage facility would not cause closure of open shellfishing waters in accordance with 15A NCAC 18A. 0911 MARINAS: DOCKING FACILITIES: OTHER MOORING AREAS. The proposed reconfiguration would only change the direction of the existing slips from perpendicular to a 30 degree angle to allow for easier access and exiting of the facility. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor Director Dee Freeman RECENEU 14, Secretary November 2, 2012 MEMORANDUM: NOV 2012 TO: Shannon Jenkins DCM.MHDcrrY NC DEH Shellfish Sanitation Section FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant: Paul & Susan Magnabosco for Stanwick Shores S/D Project Location: far northern end of Bridgers Ave., adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County. Proposed Project: reconfigure docking facility and incorporate new dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Hu_q_gett at the address above by November 26, 2012. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 5e e fit.&`'' This agency has no comment on the proposed project. a . j 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. SIGNED Z41 DATE 127 Cardinal Drive Ext.,Wilmington,NC 28405 Phone:910-796-7215\FAX:910-395-3964 Internet:www.nccoastalmanagement.net NorthCarolina An Eaual Opportunity\Affirmative Action Emplover Natufflilil 040423 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor RECEIVED Director mg,r„ eoFfeewlafi r November 2, 2012 r1,)CM-MHD OV 19 2012 NOV 0 2 2012 MEMORANDUM: BY: cffY TO: Linda Lewis Stormwater Section Division of Water Quality -WiRO FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant: Paul & Susan Magnabosco for Stanwick Shores S/D Project Location: far northern end of Bridgers Ave., adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County. Proposed Project: reconfigure docking facility and incorporate new dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Dou_g Hu_g_gett at the address above by November 26, 2012. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. /Ujee J DR 15. This agency objects to the project for reasons described in the attached comments. SIGNED _� G�f�v DATE 0/4Z 127 Cardinal Drive Ext.,Wilmington,NC 28405 Phone:910-796-7215\FAX:910-395-3964 Internet:www.nccoastalmanagement.net NorthCarolina i�turall� An Eoyal OoQortunity\Affirmative Action EmDlover j }4 NOV 0 6 201Z NCDENR rth Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Per a Braxton C. Davis Governor Director Dee Freeman Secretary November 2, 2012 2077 MEMORANDUM: TO: Renee Gledhill-Early NC Dept. of Cultural Resources Archives & History FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/ D&F Major Permit Application Review ( �� IIII�III Applicant: Paul & Susan Magnabosco for Stanwick Shores S/D Project Location: far northern end of Bridgers Ave., adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County. Proposed Project: reconfigure docking facility and incorporate new dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Dow Hu_mmett at the address above by November 26, 2012. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED A�4a DATE 127 Cardinal Drive Ext..Wilmington,NC 28405 Phone:910.796-72151 FAX:910-395-3964 Internet:www.nccoastalmanagement.net One NOV 0 7 2012 NorthCarolina Nahmally An Equal ODporlunityl Affirmative Action EmpfoVer NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor Jz ffdigtf Dee Freeman �P,�"�7a as Secretary November 2, 2012 NUV 14 Z012 h� " r��, r MEMORANDUM: f TO: Tim Walton o, � NC Dept. of Administration �� ��'v��+�rG o�' State Property Office L�ti FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant: Paul & Susan Magnabosco for Stanwick Shores S/D Project Location: far northern end of Bridgers Ave., adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County. Proposed Project: reconfigure docking facility and incorporate new dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Douq Hug_gett at the address above by November 26, 2012. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: :ZTh gency has no objection to the project as proposed. 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. SIGNED DATE 127 Cardinal Drive Ext.,Wilmington,NC 28405 Phone:910-796-72151 FAX:910-395-3964 Internet:www.nccoastaimana.gement.net NorthCarolina An Equal Opportunity V Affirmative Action Employer Natuiriallaff NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor Director Dee Freeman RECEIM Secretary D November 2, 2012 EC�� NOV 0 9 2012 NOV MEMORANDUM: 02 ?01? TO: Debra Benoy 'eCM-MHDCffY Public Water Supply District Manager FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant: Paul & Susan Magnabosco for Stanwick Shores S/D Project Location: far northern end of Bridgers Ave., adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County. Proposed Project: reconfigure docking facility and incorporate new dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Dow Hug_-qett at the address above by November 26, 2012. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. LII�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. SIGNED DATE / I' 2- — / Z— 127 Cardinal Drive Ext.,Wilmington,NC 28405 Phone:910-796-7215\FAX:910-395-3964 Internet:www.nccoastalmanagement.net OI10 NorthCarolina An Equal Opportunity\Affirmative Action Employercttirrll 11-05-' 12 11: 32 FROM-MIR ��lilroington 910-350-2004 T-509 P0002,`0002 F-767 ATA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor Director Dee Freeman Secretary November 2, 2012 MEMORANDUM: TO: Mark Zeigler WiRQ Division of Community Assistance FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/ D&F Major Permit Application Review Applicant: Paul & Susan Magnabosco for Stanwick Shores S/D Project Location: far northern end of Bridgers Ave., adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Ponder County. Proposed Project: reconfigure docking facility and incorporate new dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by November 26, 2012. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: ..—This agency has no objection to the project as proposed. 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. -�-v DATE �� S Z SIGNED - 1_ 127 Cardinal Drive Ext.,Wilmington,NO 28405 Phone:910-796-72151 FAX;910.395.3964 Internet:www,nccoastalmanagement_net One N� 1o.��hCntn l lolina Jf ,,p if, ,4 l*r RUNK North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor Director Dee Freeman November 2, 2012 RECEIVED Secretary MEMORANDUM: NOV 0 9 2012 TO: Dan Sams DCV—MM CITY AID a Division of Land Resources 71UjZ FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant: Paul & Susan Magnabosco for Stanwick Shores S/D Project Location: far northern end of Bridgers Ave., adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County. Proposed Project: reconfigure docking facility and incorporate new dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Dou i Hucggett at the address above by November 26, 2012. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED DATE //C_` / Zo/ z 127 Cardinal Drive Ext.,Wilmington,NC 28405 Phone:91 0-796-721 5 1 FAX:910-395-3964 Internet:www.nccoastalmanagement.net One Noi-thCa olina F � rF OV Q 8 2012T NCDENR North Carolina Department of Environment and Natural Resour%DMLF_-H�AB1TAT Division of Coastal Management PROTECTION Beverly Eaves Perdue Braxton C. Davis Governor Director Dee Freeman Secretary November 2, 2012 MEMORANDUM: TO: Jessi Baker Division of Marine Fisheries FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant: Paul & Susan Magnabosco for Stanwick Shores S/D Project Location: far northern end of Bridgers Ave., adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County. Proposed Project: reconfigure docking facility and incorporate new dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Hug_gett at the address above by November 26, 2012. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED �`( DATE / l Z. 127 Cardinal Drive Ext.,Wilmington,NC 28405 Phone:910-796-7215\FAX:910-395-3964 Internet:www.nccoastalmanagement.net One NofthCaTUfi a An Equal Opportunity',Affirmative Action Employer AlturallY Dec. 20. 2012 12: 38PM NC Dept of Transportation No, 4965 P. 1 IF, P►4Cr 7b 2/w DISTRICT 1 \� rC6—ER—Rbps i- i NpV 0'� 201?iJ 4--I z North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor Director Dee Freeman Secretary November 2, 2012 MEMORANDUM: TO: Robert Vause NC DOT Pender Co. FROM: r4007Comnjerc"ve., oHuggett, NC NR-DCM Major Permits Coordinator Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/ D&F Major Permit Application Review Applicant: Paul & Susan Magnabosco for Stanwick Shores S/D Project Locatlon: far northern end of Bridgers Ave., adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County. Proposed Project: reconfigure docking facility and incorporate new dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by November 26, 2012. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: _This agency has no objection to the project as proposed. ✓ 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. V V +� SIGNED AWY V"� S� � DATE I( 127 Cardinal Drive Ext.,Wilmington,NC 28405 Phone:910-796-72151 FAX:910-395-3964 Internet www.nccoaetalmanagement.nei One VthCarolina irtur�l/u NCDENR �. 1z.i1.09. o North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor Director Dee Freeman Secretary November 2, 2012 ,r� •�► I�r'f� V fp MEMORANDUM: RE NO 2012 ED TO: Maria Dunn 6; �;� RECEIVED For W I RO �1�'0 DEC 1 NC Wildlife Resources Commission SZbZ�Z22 0 2012 FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator ,-XIHDCrry 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant: Paul & Susan Magnabosco for Stanwick Shores S/D Project Location: far northern end of Bridgers Ave., adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County. Proposed Project: reconfigure docking facility and incorporate new dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Dou_q Hu_q_gett at the address above by November 26, 2012. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED '4L ) , DATE ► - -2012. 127 Cardinal Drive Ext.,Wilmington,NC 28405 Phone:910-796-72151 FAX:910-395-3964 Internet:www.nccoastalmanagement.net NorthCarolina ah(rallY An Equal Opportunity\Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor Director Dee Freeman RECE WOD Secretary November 2, 2012 MEMORANDUM: NOV ttEcMEn TO: Shannon Jenkins 4 DCM-Mxoc APR 0 8 2013 NC DEH Shellfish Sanitation Section DCM MHD CITY FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/ D&F Major Permit Application Review Applicant: Paul & Susan Magnabosco for Stanwick Shores S/D Project Location: far northern end of Bridgers Ave., adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County. Proposed Project: reconfigure docking facility and incorporate new dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Hug_gett at the address above by November 26, 2012. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. I 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. SIGNED `� I�, i I � DATE l_lI �/ 1 127 Cardinal Drive Ext.,Wilmington,NC 28405 Phone:910-796-72151 FAX:910-395.3964 Internet:www.nccoastalmanaaement.net One NorthCarolina An Equal Opportunily 1 Affirmative Action Employer Naturally S5 o y 04-042 3 bko s NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor 9116- RECEIVED Director E November 2, 2012 F OV 19 201z NOV 0 2 2012 MEMORANDUM: gy:_ ACMMHDCIT'Y TO: Linda Lewis RECEIVED Stormwater Section Division of Water Quality -WiRO APR 0 8 2013 FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier iWMf" SUBJECT: CAMA/ D&F Major Permit Application Review Applicant: Paul & Susan Magnabosco for Stanwick Shores S/D Project Location: far northern end of Bridgers Ave., adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County. Proposed Project: reconfigure docking facility and incorporate new dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug►Huggett at the address above by November 26, 2012. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. A/,gej Old .5. This agency objects to the project for reasons described in the attached comments. SIGNED—� G�fy DATE 127 Cardinal Drive Ext.,Wilmington,NC 28405 Phone:910-796.72151 FAX:910-395-3964 Internet:www.nccoastalmanagement.net One NofthCarolina An Equal opportunity\Affirmative Action Emooyer r r IL NCDENR (�orth Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves f erg ue Braxton C.Davis Governor �- Director Dee Freeman Secretary November 2, 2012 iRBCEr ED ¢' MEMORANDUM: APR 0 8 2013 TO: Renee Gledhill-Early NC Dept. of Cultural Resources fA ACM-MMCITY Archives & History FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/ D&F Major Permit Application Review ; Applicant: Paul & Susan Magnabosco for Stanwick Shores S/D Project Location: far northern end of Bridgers Ave., adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County. Proposed Project: reconfigure docking facility and incorporate new dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by November 26, 2012. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED li_.�-rc .i �+1:�.1(,� i ( %( ` DATE U 127 Cardinal Drive Ex!..Wilmington,NC 28405 Phone:910-796.7215'•FAX:910-395-3964 Internet www.nccoastaimanagement.net One tip NorthCarolhia ��r�i�rrxll� An Eaual Ovmrlunrnt!'.Allrrmalwe A.Vion Empiover ATLA. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor RQjTg9tg5 Dee Freeman Secretary November 2, 2012 N(.►v .14 lU12 �`' MEMORANDUM: .o. �,� DCM-M CT ' TO: Tim Walton NC Dept. of Administration '� State Property Office ��-,. ` "t, FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/ D&F Major Permit Application Review Applicant: Paul & Susan Magnabosco for Stanwick Shores S/D Project Location: far northern end of Bridgers Ave., adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County. Proposed Project: reconfigure docking facility and incorporate new dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Hug_gett at the address above by November 26, 2012. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: Thi gency has no objection to the project as proposed. 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. SIGNED DATE RECEIVED APR 0 8 2013 127 Cardinal Drive Ext.,Wilmington,NC 28405 . Phone:910.796-7215\FAX:910.395-3964 Internet:www.nccoastalmanagement.net DCM-MHDCITY 0►1e NorthCaroliiia An Equal Opportunity\Affirmative Action Employer Natulrally NCDENR APR 0 8 Z013 North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis DC.MMiHDC" Governor Director Dee Freeman Secretary November 2, 2012 Ec �� i NOV 0 9 2012 NOV D MEMORANDUM: Z 2012 TO: Debra Benoy DC.Mil-MCI'!Y Public Water Supply District Manager FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant: Paul & Susan Magnabosco for Stanwick Shores S/D Project Location: far northern end of Bridgers Ave., adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Fender County. Proposed Project: reconfigure docking facility and incorporate new dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Dow Hwgett at the address above by November 26, 2012. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. sI / SIGNED DATE / /"` -�- _ Z— 127 Cardinal Drive Ext.,Wilmington,NC 28405 Phone:91 0-796-721 5 1 FAX:910.395.3964 Internet:www.nccoastalmanagement.net One NorthCarolina Aawally An Equal Opportunity\Affirmative Action Employer 1"1—ID5—' 1L 11:;sz !'1jurl-1JhNii 1U11CningZoT7 —Jru-) r+arurJ44 VJVJVJL. 1 (U LV MA OCL 1 y North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor Direcior Dee Freeman Secretary November 2, 2012 i3ECB1Vr~D MEMORANDUM: APR 0 8 Z013 r. TO: Mark Zeigler WiRo DCM MHD CITY Division of Community Assistance FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/ D&F Major Permit Application Review Applicant: Paul & Susan Magnabosco for Stanwick Shores S/D Project Location: far northern end of Bridgers Ave., adjacent to Banks Channel and Topsail Sound, in Topsail Beach, ponder County. Proposed Project: reconfigure docking facility and incorporate new dredging Please indicate below.your agency's position or viewpoint on the proposed project and return this form to Doug Hug_gett at the address above by November 26, 2012, If you have any questions regarding the proposed project, contact Jason Dail at(910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. _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. SIGNED , GATE 127 Cardinal Drive Ext.,Wilmington,NO 28405 Pbone:910-796-72151 FAX:910.395.8W Internet:www necoastalinanaeement,net ne orthCaralina ���t�srsR,rl�tr RECEWEU NCDENR A� Fcgss 2Q13 North Carolina Department of Environment and Natural Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis T)cm_v cnT Governor Director Dee Freeman November 2, 2012 ECEIM Secretary MEMORANDUM: NOV 0 9 2012 .v TO: Dan Sams z WW.—mcz y � 0,9 Division of Land Resources FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant: Paul & Susan Magnabosco for Stanwick Shores S/D Project Location: far northern end of Bridgers Ave., adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County. Proposed Project: reconfigure docking facility and incorporate new dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by November 26, 2012. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED DATE i/� z z 20 f Z 127 Cardinal Drive Ext.,Wilmington,NC 28405 Phone:910-796-72151 FAX:910.395-3964 Internet:www.nccoastaimana_qement.net One NorthCtrollna NOV Q.8 2012 NCDENR North Carolina Department of Environment and Natural Resour es- Division PROTECTION Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor Director Dee Freeman Secretary November 2, 2012 RECEIVED MEMORANDUM: APR 0 8 Z013 TO: Jessi Baker DCM-MHD CTfY Division of Marine Fisheries FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/ D&F Major Permit Application Review Applicant: Paul & Susan Magnabosco for Stanwick Shores S/D Project Location: far northern end of Bridgers Ave., adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County. Proposed Project: reconfigure docking facility and incorporate new dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Dow Hu-qgett at the address above by November 26, 2012. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED ��5 DATE 127 Cardinal Drive Ext.,Wilmington,NC 28405 Phone:910-796-7215\FAX:910-395-3964 Internet:www.nccoastalmanagement.net One No hGarolina aturalCr� An Equal Opportunity l Affirmative Action Employer Dec, 20. 2012 12.38PM NC Dept of Tram,,_ No. 4965 P. 1 cv- DISTRICT 1 ji lJo 1Mw4cr� le/W ofs II-14�I2 NOV 0'� 261?1 North Carolina Department of Environment and Natural Resources Division of Coastal Management. Beverly Eaves Perdue Braxton G.Davis Governor Director Dee Freeman Secretary November 2, 2012 MEMORANDUM: APR 0 8 Z013 TO: Robert Vause NeDOT O Co. ne:�-N.1m crry PdeFROM: r400 g Huggett, NC NR-DCM Major Permits Coordinator Com ve., Morehead City, NC 28557 (Courier 11-12.09) SUBJECT: LAMA/ D&F Major Permit Application Review Applicant: Paul & Susan Magnabosco for Stanwick Shares SID Project Location: far northern end of Bridgers Ave., adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County. Proposed Project: reconfigure docking facility and incorporate new dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huctoett at the address above by November 26, 2012. If you have any questions regarding the proposed project, contact Jason Dail at(910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only it the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments.y SIGNED A DATE 127 Cardinal Drive Ext.,Wilmington,NC 29405 Phone.910-796-72151 FAX,910-395-3964 Internet,wvanomastaimanag meni.nel One VthCarolina RECEIVED NCDENR APR 0 8 2013 12 t t. 09.L> ( North Carolina Department of Environment and Natural Resou es Division of Coastal Management Beverly Eaves Perdue Braxton C.Davis -MUDCIfy Governor Director �P, Dee Freeman Secretary November 2, 2012 Al�K `��tir' NOV 2012 . MEMORANDUM: Haw RECEMD TO: Maria Dunn For WIRO ?.012 NC Wildlife Resources Commission �jd�4 FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator )Qq' mffr)CITY 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/ D&F Major Permit Application Review Applicant: Paul & Susan Magnabosco for Stanwick Shores S/D Project Location: far northern end of Bridgers Ave., adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County. Proposed Project: reconfigure docking facility and incorporate new dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Hug_gett at the address above by November 26, 2012. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED ) . DATE 127 Cardinal Drive Ext.,Wilmington,NC 28405 Phone:910.796.72151 FAX:910-395-3964 Internet:www.nccoastaimanagement.net One NorthCarolina An Ewal Opoortunity 1 Affirmative Action Emolover �l� llrR`�lf Craig Quinn R&Q, Inc. 526 Works Farm Warsaw, NC 28398 Home phone: 910. Cell phone: 910. mcquinn@embargmail.com September 17 2012 Paul Magnabosco 3306 Tipton Court Wilmington, NC 28409 Subject: Request for Permission to Deposit Dredge Spoil Dear Paul: I understand you are applying for a modification to your CAMA Permit Number 60-05 for the nearby Stanwick Shores subdivision. The proposed work includes dredging a small area around the Common Area pier which would result in approximately 100 cubic yards of spoil. R&Q, Inc. has an approved dredge spoil deposit area at Queens Grant, under CAMA Permit Number 129-10, issued on November 1, 2010, and amended on March 18, 2011. On behalf of R&Q, Inc., permission is hereby granted to use this site for the aforementioned spoil disposal. ,ours tr , Craig Quinn Cc: Mark Walton Walton Engineering PO Box 895 Burgaw, NC 28425cD NOV 0 6 NiZ DCM--MHp CITY SEP 18 2012 DCM WILMINGTON; NC WAL TOATEN(gNEERiN August 23, 2012 Mr. Jason Dail NCDENR Division of Coastal ManagementCn 127 Cardinal Drive Extension Wilmington,NC 28405 NOV 0 6 2012 Re: Stanwick Shores, CAMA Permit No. 60-05 ACM MHD Cry Dear Jason, This letter is in response to your request for additional information dated August 17, 2012. (1) A check in the amount of$400.00 was hand delivered to your office today. (3) We are in the process of secure a letter authorizing spoil deposition. We are also in the process of producing the requested spoil area map. As I explained in my e-mail earlier today, it will take longer than the 5 days allotted in your letter to produce this information. We request that you place the application on hold to allow time for us to comply. (4) 26 copies of the plan larger than 81/z"x 1 I"will be hand delivered to your office today. (5) As explained in the cover letter for the permit application, multiple iterations were made in an attempt to modify the pier/dock layout by reconfiguring the boat slips to move the slips and docks further away from the mapped SAV areas. We found that the present design was the optimum solution within physical constraints. Please note that in the redesign process the dredge area footprint was reduced to move it completely out of mapped SAV areas. We also added a 45 degree slope at the dredge perimeter to minimize sloughing. The present design does not encroach on mapped SAV areas at any location. Sincerely, �K' \f GS`vSO Nc' R. Mark Walton �W��M�NGI 0 Registration Noa 1687 9 eer a�M 2 3 �p�'l P\�G Additional Info to Jason Dail,partial Tel:910-2594800 PO Box 895,Burgaw,North Carolina,28425 Fax:910-259-1779 Afflri�_I�IA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Dee Freeman Governor Director Secretary RECEIVED August 17, 2012 Walton Engineering Attn: Mark Walton NOV 0 6 2012 PO BOX 895 Burgaw,NC 28425 DCM-MHDCTTY RE: CAMA Major Permit Application Paul and Susan Magnabosco for Stanwick Shores—Major Modification to CAMA Permit#60-05 Topsail Beach,Pender County Dear Mr.Walton: The Division of Coastal Management hereby acknowledges receipt of your application, submitted on behalf of Paul and Susan Magnabosco,for the Stanwick Shores subdivision, located at the end of Bridgers Avenue, in Topsail Beach,Pender County. However,your application lacks information necessary for complete processing.The attached checklist indicates the deficiencies of your application. If you respond within three working days from the date of this fax or E-mail,or within five days from the receipt of this letter with the required additional information,processing of your application will promptly continue and will not be placed on hold. If you are not able to respond within three or five days,your application will not be accepted as complete for processing. Additional information may be required pending further review by the fifteen(15)review agencies.The attached checklist indicates the deficiencies of your application. If you have any questions concerning this matter,please call me at my Wilmington Office at(910)796.7221. Sincerely, Jason Dail Field Representative cc: Doug Huggett Paul and Susan Magnabosco, 3306 Tipton Ct.,Wilmington,NC 28409 127 Cardinal Drive Ext.,Wilmington,NC 28405 One Phone:910-796-72151 FAX:910-395-3964 Internet:www.nccoastalmanagement.net N�orjth jC/arrofiina �/} An Equal Opportunity 1 Affirmative Action Employer Y '+lturall!l PAGE 2 ADDITIONAL INFORMATION REQUEST 1) Please provide a check or money order in the amount of$400.00, made payable to NCDENR, for permit processing. 3) Please provide a copy of the spoil disposal agree letter authorizing deposition of spoil on any property owned by someone other than the applicant. Additionally,please provide a detailed site plan showing the location of the spoil deposition area. On the spoil deposition site plan,please show the location of the Normal High Water(NHW) contour,the 30' Coastal Shoreline buffer,the 75' Area of Environmental Concern(AEC), and any adjacent wetlands. 4) Please provide 26 copies of the site plans if they are larger than I I"x 17". 5) Please note that the Division of Marine Fisheries has continued to express their concerns over the location of the proposed slips, and dredge footprint, in relation to the existing area of Submerged Aquatic Vegetation(SAV) surrounding the docking facility. This was most recently discussed during a multi-agency scoping meeting,held in the Wilmington Regional office, on 5/21/2012. In attendance to discuss the most appropriate course of action was the DCM,you,your consultant(Walton Engineering), DMF, DWQ,National Marine Fisheries, WRC and the Army Corp of Engineers. Following the multi-agency meeting,the Division of Marine Fisheries sent you an email on 5/25/2012, requesting that the pier/dock layout be modified to avoid any impacts to the adjacent SAV. Based on that correspondence, DMF agreed to consider dredging once the impacts had been minimized through re-configuration of the slips. As of 8/17/2012, your proposal has not been sufficiently altered to satisfy the DMF. As such,please know that your proposal, as submitted, may receive unfavorable comments from the resource agencies. If you wish to alter your plans,please contact me and arrange a meeting to discuss the modifications. Otherwise,please provide the requested information above and processing of your application will resume. RECEIVED Nov 0 F 2012 I)CM-Mm CITY NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary May 12, 2011 Mr. Paul Magnabosco 3306 Tipton Court Wilmington,NC 28409 Dear Sir: This letter is in reference to your request to extend Permit No. 60-05,which was originally issued on April 28,2005. As you may be aware Session Law 2009-406,entitled"An Act to Extend Certain Government Approvals Affecting the Development of Real Property Within the State",was enacted by the General Assembly and signed into law by Governor Perdue on August 5,2009, as amended by Session Law 2010-177. The purpose of this Act was to prevent the abandonment of approved projects and activities due to the unfavorable economic conditions by adding additional time to certain permits. Therefore, in accordance with this Act,you are hereby informed that the current expiration date for Permit No. 60-05 is now officially extended until December 31,2014.. You should attach this letter to the original of Permit No. 60-05,as well as any subsequent modifications; renewals and refinements, and copies of all documents shall be readily available on site when a Division representative monitors the project for compliance. You are also advised that this action does not eliminate the need to obtain any additional state,federal or local permits, approvals or authorizations that may be required. Should you have any questions on this matter,please feel free to contact me at(252) 808- 2808. Sincerely, Daniel M.Govoni Asst.Major Permits Coordinator cc: David Timpy,USACE DWQ, Wilmington DCM,Wilmington DCM Central Files 400 Commerce Ave.,Morehead City,NC 28557 One Phone:252-808-28081 FAX:252-247-3330 Internet:www.nccoastalmanagement.net NorthC ja�rolliina An Equal Opportunity 1 Affirmative Action Employer Nato`ia`yy ' NCDEE R North Carolina Department of Environment and Natural Resources Division of Coastal Management Dee Freeman Beverly Eaves Perdue James H. Gregson Secretary Governor Director r RECEIVED MEMORANDUM MAY 2 2011 TO: Doug Huggett c� Major Permit Coordinator DCM-MHD CITY FROM: Holley Snider =4%— J Field Representative, Wilmington THROUGH: Steven H. Everhart, PhD District Manager, Wilmington DATE: April 21, 2011 SUBJECT: Renewal Request Permit No. 60-05 Paul and Susan Magnabosco Pender County Paul Magnabosco, on behalf of Stanwick Shores Subdivision has submitted a request to renew State Permit No. 60-05. State Permit No. 60-05 was originally issued to Paul and Susan Magnabosco, for the development of a 6-lot subdivision with 6-slip community pier, two private piers, a bulkhead, driveway and utilities. The Permit was modified on March 18, 2008, was renewed on January 27, 2009, and was due to expire on December 31, 2010. The permit authorized the construction of a 6-lot subdivision with a 6-slip community pier, two private piers, a bulkhead, driveway and utilities located at the north end of Bridger's Avenue, adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County. The modification authorized the installation of boatlifts within the slips of the authorized piers. The permit expired on December 31, 2010. The applicant's agent states that there will be no changes to the project and that boatlifts have not been installed within all of the authorized slips. This permit is subject to extension by the Session Law 2009-406, and as amended by Session Law 2010-177, the Permit Extension Act, therefore the processing fee has been waived and renewal of the permit is authorized without exception. This Office has no objection to the renewal request. Enclosures cc: Wilmington Files Dave Timpy (COE) 127 Cardinal Drive Ext.,Wilmington, NC 28405 One Phone:910-796-72151 FAX:910-395-3964 Internet:www.nccoastalmanagement.net NorthCarolina An Equal Opportunity 1 Affirmative Action Employer Naturally PerrWt Class Permit Number -t -RENEWAL 60-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and RECMM Coastal Resources Commission �i' i� MAY 2 2011 for X Major Development in an Area of Environmental Concern I)CM-MHD CrrY pursuant to NCGS 113A-118 t X Excavation and/or filling pursuant to NCGS 113-229 Issued to Paul and Susan Magnabosco,3306 Tipton CL,Wilmington,NC 28409,for Stanwick Shores S/D Authorizing development in Pender County at adi.to Banks Channel and Topsail Sound, on Bridger's St.. in Topsail Beach as requested in the permittee's letter dated 12/30/08 This permit, issued on January 27,2009 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) This renewal shall be attached to the original of Permit No. 60-05,which was issued on 4/28/05, as well as the minor modification issued on 3/18/08, and copies of all documents shall be readily available on site when Division peisonnel inspect the project for compliance. f 2) All conditions and stipulations of the active permit remain in force under this renewal. This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the t 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 shall be accessible on-site to Department personnel when the project is inspected for compliance. James K.'Gregson,Director Any maintenance.work or project modification not covered Division of Coastal Management hereunder requires further Division approval. All work shall cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2010 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Signature of Permittee Management Program. r < 3306 Tipton Court Wilmington,NC 28409 March 28, 2011 Ms. Holly Snider Division of Coastal Management 127 Cardinal Drive Extension ' Wilmington,NC 28405 Subject: Request for CAMA Permit Extension Dear Holly: I am requesting an extension for the following CAMA permit which has expired. My understanding is that a permit extension can be granted by the DCM under the authority of the Permit Extension Act of 2009/2010. The attached permit copy represents a revision and extension of the original CAMA permit for Stanwick Shores,a soundfront subdivision in the Town of Topsail Beach. The property is at the north end of Bridgers Avenue, about 5 'h miles south of the downtown Surf City traffic light. Permit# Issued to: Issue Date Expiration Date 60-05 Paul and Susan Magnabosco 01/27/09 12/31/10 3306 Tipton Court Wilmington,NC 28409 All of the planned work at the site was completed before the original 60-05 permit expiration date of December 31, 2008. However,the original permit only specified construction of "boat slips"and not"boat lifts." The extension provided a means for the purchasers of the subdivision lots to install a boat lift in their boat slip without having to obtain a separate CAMA permit. With the slowdown in real estate activity,only one lot in the subdivision has been sold and one boat lift instaled. The new permit extension will provide some time for the remaining lots to be sold and additional boat lifts to be installed. Please let me know if you have any questions. At your convenience,please send a copy of the permit(with a new expiration date)to me at 3306 Tipton Court, Wilmington,NC,28409. Please advise if the extended permit has to be posted at the site. Thanking you in advance, I am Yours truly, Paul Magnabosco Attachment c� Major Permit Fee Sche ` ufe DCM % DWQ % Development Type Fee (14300160143510009316256253) (243001602435100095234) It I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% ($250) 0% ($0) ll.Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% ($400) 0% ($0) 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 Certification No. 3490 (See attached)can be applied: $250 100% ($250) 0% ($0) 1I ll(B). Public or commercial development,if General Water Quality Certification No.3490 (See attached)can be applied: $400 100% ($400) 0% ($0) III(C). If General Water Quality Certification No.3490(see attached)could be applied,but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% ($240) 40% ($160) III(D). If General Water Quality Certification No. 3490(see attached)cannot be applied: $400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% ($285) 40% ($190) AIWA mn NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Dee Freeman Governor Director Secretary November 2, 2012 Wilmington.classified@starnewsonline.com RECEIVED 2 Pages Nov 0 6 2012 Star News Legal Advertisement Section DC:b1-?�x�DCITY Post Office Box 840 Wilmington, North Carolina 28402 Re: MagnaboscoMajor Public Notice Kyle/Heather: Please publish the attached Notice in the Monday, November 5, 2012 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 Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension,Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence,Ref acct#796-7215). Please send 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. Sincerely, i Shaun K. Simpson Permit Support Technician Division of Coastal Management Enclosure cc: WiRO Doug Huggett Dave Timpy Michele Walker 127 Cardinal Drive Ext.,Wilmington,NC 28405 OnrthCaTolina Phone:910-796-7215\FAX:910-395-3964 Internet:www.nccoastalmanagement.net /yr An Equal Opportunity\Affirmative Action Employer ;Vah [all y RECENED NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR NOV U 6 2012 DEVELOPMENT PERMIT DCM Y.HD CITY The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that an application for development permit in an Area of Environmental Concern as designated under the CAMA was received complete on November 1, 2012. According to said application, Paul & Susan Magnabosco (Stanwick Shores Subdivision)propose to re- confugure the docking facility and perform new dredging at the end of Bridgers Ave., adjacent to Banks Channel & Topsail Sound in Topsail Beach, Pender County. A copy of this entire application may be examined or copied at the office of Jason Dail, N.C. Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910-796-7215) 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 November 26, 2012, 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 this matter will be provided upon written request. 127 Cardinal Drive Ext.,Wilmington,NC 28405 One Phone:910-796-72151 FAX:910-395-3964 Internet:www.nccoastalmanagement.net Nofth/�CCaar�olliina An Equal Opportunity\Affirmative Action Employer N+i+'��+ally YW NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Dee Freeman Governor Director Secretary November 2,2012 Walton Engineering C/o Raymond Walton PO Box 895 Burgaw,NC 28425 Dear Mr.Walton: The Division of Coastal Management hereby acknowledges receipt of your application,acting as an authorized agent for Paul and Susan Magnabosco,requesting a modification of CAMA Major Permit#60-05.The modification request includes reconfiguring the existing slips authorized under CAMA Major Permit#60-05 and performing new dredging around the docking facility.The application was received as complete on November 1,2012,and is being processed at this time. The projected deadline for making a decision is January 17,2012.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 75'h day. If this agency does not render a permit decision within 70 days from November 1,2012,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. An onsite inspection may 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, b DECEIVED Jason Dail N O V 0 6 2012 Field Representative Cc: WiRO file,DCM Paul and Susan Magnabosco,3306 Tipton Court,Wilmington,NC 28409 DCM-MHDCITY Dave Timpy,COE Jessi Baker,DMF Joanne Steenhuis,DWQ One 127 Cardinal Drive Ext.,Wilmington,NC 28405 NO Carolina Phone:91 0-796-721 5 1 FAX:910-395-3964 Internet:www.nccoastalmanagement.net Natural!'/ An Equal Opportunity 1 Affirmative Action Employer - i Y141 .A AMA P RMIT AP LIP: F PROJECT: 'ng oc ing aci i v and incorporate new dredqinq afthe far nomcpmrtklern nnrl of RNaaWmririnnr AwNwrR9TOM ntwaj�,%W%ffm aft to%gvw R�r�lrc .rmChannel, -in opsai Beach, 'Vender County. COMMENTS ACCEPTED THROUGH win iar*shor 9R �n1z APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: _Nr niv�f C_astaa Mara ment Walton Engineering � c o lKaymond Walton 19-7 ardEnal nr- Ext. ox 595 Wilmington,-NC 2840-5 ,lason Daml Foeld Represent atime 910-796-7215 For: Paul & Susan Ma nabosco CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: G v 11 L o Address of Property: f e i o.r n 6! Tg s c�� j o -,,c� X C, D (Lot or Street#,Street or Road, City&County) ZJ3 q y.S" Agent's Name#: t-J 4 1�V•,7 L I A e f.' —Mailing Address: Agent's phone#: 61n 7 7_�;cr 4 P Cc rI6c IV Cy Z�? Z I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing.A description or drawing with dimensions must be provided with this letter. I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed,you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at www.nccoastalmanagement.net/contact dcm.htm or by calling 1-888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15'from my area of riparian access unless waived by me. (if you wish to wai the setback, you must initial the appropriate blank below.) � 4Y i13.8GENED t do wish to waive the 15' setback requirement. 4 r I do not wish to waive the 15' setback requirement. Nov o s 2012 (Property Owner Information) (Adjacent Property Owner Information) P0-4j -U— &L,u� -M V"- Signature Signature Print or Type Nam Print or Type Name Mailing Address Mailing Address CitytState/Zip City/St te/Zip Telephone Number Telephone Number . rnV 0 1 2012 J"o L y 3 If 2-0 1 Dare Date Revised 6/18/2012 CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONMAIVER FORM Name of Property Owner: PG v t ' 1a!E1 1 4 J �5 c n A,/� � Address of Property: �� p e A a I n s� Top,sct, on II.► d" L eel ., (Lot or Street#, Street or Road, City&County) Agent's Name#: ���� �4", C-n!,i A c Qom.' Mailing Address: T o �cTC iJ Agent's phone #: 610) ZS 9 4 8 Oct t3 rr 1 hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing_the development they are proposing. A description or drawing, with dimensions, must be provided with this letter. I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed,you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at www.nccoastalmanagement.net/contact dcm.htm or by calling 1-888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) 1 do wish to waive the 15' setback requirement. NOV Q 6 2012 I do not wish to waive the 15' setback requirement. DCM PPT)`` (Property Owner Information) (Adjacent Property Owner Information) pxtj Signature Signature Print or Type Nam Print or Type Name -3 3 a 6 Z I Z/ N, L,,, L,; o f� �r � o Mailing Address Mailing Address r� Z� 5 W , lM1 n4,�ry � C G+7"W1 4, � y City/State2ip City/St te/Zip Telephone Number Telephone Number tl u i-y 3 It Zo 12 - 16 Qt2 Date Date: Revised 6/18/2012 DCM WILMINGTON, NC CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION[WAIVER FORM Name of Property Owner: ?c..,1 h c, n c c Address of Property: C, -T v w.n o f T v (Lot or Street#, Street or Road, City&County) �� X Agent's Name#: �o in 'v^r_P n n Mailing Address: t 0 Agent's phone d Liq - q BOO i} r�a w C Z P Lf Z 1�-- I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, must be provided with this letter. \/ -i have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed,you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at www.nccoastalmanagement.net/contact dcm.htm or by calling 1-888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15'from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I�� I dd uliish to waive the 15' setback requirement. RECI:IVEp I do not wish to waive the 15' setback requirement. NOV 0 6 2012 bCM- MHD C1TI' (Property Owner Information) -( djacent Property Owner Info ) elcr- V &�td )V.A� Signature Signature 1� 6-V I �4G.G .�G'JO4 C Print or Type Name Print or Type Name 0 4 T , � Mailing Address Z g � ° Mailing Address Vv , I", , ,, � A- L l\ s � Lt,.� sl-el City/StatelZip City/State/Zip Telephone Number Telephone Number 311 2JD 12— -�M o Date Date Revised 611812012 ✓� , ��p�".t�'`? (�_"i!* �`.n S.,aY ef�..�p 1`� ,y ��fp� �r � AA11--W :•t i'PlB kJ GS y PF .;.,.::i:.ury-•a a:p.j>.iia:•.—r_-.,.:,w�:t�+m �wa'vP+i^.i...+v+rva,�wGiu'ain%x:-+-�v.•iYsir'n,yM�•k*�ai:zrS�aF`iw`/}ilr _ ... Aie .. ..:.. ..7�• -�C�p..t�..:.f.t� '�' t�'a •�_.St..3)`..»lli... ,f� r t�� 11.. a�_..._...... +t`.r +'. . + g"A '��� !v .. ., 1' :'lt.. i1 � . .`)•.,tr:1`i.•'S >t' ;si;tYv k .,, �.,aee.l. ,.;,'?.;Cl�u '.. .. .i?ts ' ,. ...4 $:. .'ei•y�`�::F;'t.�j�/t , '1zJ.i ".tii .. i!" YL�'i3':l`Jl ',n 'E'i�k,� �'� .-tj.`;4f '�: ',}�jl:, ..1+ '•,fy`: �' t. rl}`•.Y S I,t�t 3 �l�t,tJ 'J s-'4'.1':u`1q 1����t4^ri)f a13Cl,�E:}2DS ?tS,�tivJ:I 't; ie tit 'E,V6, ....,.....-..5. ... .. .-a-�^. _.,.s.^...lr�..'.�-.. .�....,. :�.......:,. `,.%.{.., t1.,.,�_-`R��L)�i1n.;...4��,....1a7,�_4�+� .�'i tg�:i•I.; g:,. ��..��+ .,`y��.,.. ,-, a.:,.w -,. ...«, a r .x ur-v-..e.��«x a.o •...«a.._w. :,.�.: y «.....+...a.y,...:.a..sr•.+"«,n .n.�s, r,.�.vs:e.:aw.,...,.w.r.ve,aranaw:. • .S!)i .-..' .Z. ".its ,F',g,:;;�? i4St:+;, ''C.:C)� 'st'$+tii" yr ,)•_t).. l RECEWED NOV 0 6 2012 DC.M N'qD CITY SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sig tur item 4 if Restricted Delivery is desired. A. (� A ■ Print your name and address on the reverse ressee so that we Can return the card to you. B. c ' e (P' ted Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, 'f Z or on the front if space permits. y� D. Is deliv E- m 17 Y es 1. Article Addressed to: I{ye r" L�„o,, Q, J (jP, � lok ❑ No Nick and Linda Palczuk IREC 1 6 2012 IVIr 318 Twin Pond Drive West Chester, PA , 19382 VGertified Mail ❑Express Mail 0 Registered 0 Retum Receipt for Merchandise > TY❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from servicelabeo 7011 2000 0002 3623 8023 Ps Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete natu item 4 if Restricted Delivery is desired. X Agent ■ Print your name and address on the reverse Addressee So that we Can return the Card to you. B. eived by(Printed a ) C. Date of Delivery ■ Attach this card to the back of the mailpiece, YU S�Gta or on the front if space permits. D. Is etiiff•i m item Yes I. Article Addressed to: DCU" �r VV wr ter�dQljve below: "V 1 Nt Mark & Stacy Yusko AUG 1 WL 11 CO 2121 N Lakeshore Dr. a- ti Chapel Hill, NC 27514 If ertifl��'pe ed Mail ❑Expre4 ail O Registered 0 Retum Receipt for Merchandise s ail 0 C.O.D. i' 4. Restriofed Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) 7 011 2 0 � ,T}6 2 3 8 016 Ps Form 3811,February 2004 Domestic Retum Receipt 102595-02-M-1540 Pender GIS - Deed Search Page 1 of 1 The office of the Register of Deeds for Pender County hereby DISCLAIMS, and the user hereby WAIVES any warranty, implied or otherwise,as to the correctness of the information contained herein. Deed Book: 2279 Page: 0113.jpg Zoomin ZoomOut Previous Next j Bou 2279PAGE 113 010EC-9 AN lot 09 PENDER COUNTY NC 1Z/09/2003 $1690.00 J i SCE id.5 iliCkGi uO s'^ p" PEGISTER OF DEEDS dAUTU Reai Estate PENDfp COUNTY.NC Excise Tax h'N 6T'13 YtF gE,aa*"d 1oe�po6 The attctmcy preparing this instttrment has made no record * e� search or tide awrunation as to the propertY herein described, unless the same is shown by his written and signed certificate. Excise Tax ((pQa. .Tirge,Book and EW Tax Parcel Identifier No.: Return to--. Mail after recording to: This instrument prepared by:Bibe,stein&Nualec, at P.O 4 NC _Brie/Desa(r the Index NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED � of 2003 and GRANTOR GRANTEE Covington P.Stanwick and wife,Monique G.Stanwick Paul W.Magnabosco and wife,Susan K Magagbosco The designation Grantor and Grantee as used herein"include said parties,their heirs,successors and assigns,and shall include singular,plural,masculine,feminine or neuter as rNwred by contact vvnNESSETR that the Grantor,for a valuable Consideration paid by the Grantee,the receipt of which is hereby o Hand situate has and o these presents does grant,ailTobargain,Township, Pander County,North Carding,,,,ynto the Grantee in fee d lmorree parrdculur describeat certain lot or das of land situated in the Town of Topsail Beads,Topsail Township, ty, Wow. Being all thatportion o£the lands shown on the map entitled°Final Plat of Stanwirk Shares",recorded in Map Book 36 atpage 128(Slide#493)of the Pender County Registry,which lies on the northwest side of the dividing line of Lots 3-6 and Lots 7-10, including all of Lars 1-6,the common areas,the private street designated as Bridges Avenue,and all lands betty=the high- water mark of Topsail Sound(Banks Channel)and the said dividing line of Lots 3-6 and Lots 7-10. •RECEIVED NOV 14 2012 AUG 0 2 201 DCM-MHD CTfY http://gis.pendercountync.gov/RODSearch/default.aspx 7/31/2012 Pender GIS - Deed Search Page 1 of 1 The office of the Register of Deeds for Pender County hereby DISCLAIMS, and the user hereby WAIVES any warranty, implied or otherwise, as to the correctness of the information contained herein. Deed Book: 2279 Page: 0113.jpg Zoomin Zoomout Previous Next �7 BOOK 2279 PAGE 113 01 DEC-9 AM IT 09 . PENDER COUNTY NC 12/05/2003 $1690.00 difCE H.s'W CL600—, �on.r F.E6ISTER OF DEEDS %ut�A Real EsrWI ax 1'f.!:OF?COUNTY.NC Exci �FeYti�hs" a�ylyd �oeBppO The atNmey preparing dris insutinent has made no record yt®i►�eg o e�� search or tide examination as to the property herein described, unless the same is shown by his written and signed certificate. Excise Tax 1(0g0. ; .,Time Boo Tax Parcel Identifier No.: Return to- -Mail after recording to: Thisinstrumentpreparedb)r Biberstein Nmwlee Art at P.0 B 4 B aw NC 28425. _BriefD esc.for the Ind= NORTH CAROLINA GENERAL WARRANTY DEED _ THIS DEEmade this!b:!:�daX of 2003 byand n: GRANTOR GRAMME Paul W.M o and wife,Susan K.Magnahosco Covington P.Stanwirk and wee,Monique G.Stanwick agnabox The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors and assigns,and shall include singular,plural,masadine,feminine or neuter as required by context. WITNESSETH,that the Grantor,for a valuable consideration paid by the Grantee,the receipt of which is hereby aclmowledged,has and by these presents does grant,bargain,A and convey unto the Grantee in fee simple,an that certain loth as of two situated in the Town of Topsail Beads,Topsail Township,Peuder County rol ,North Carolina mid more particularly MGM Being an that porfion of the lands shown on the map entitled"Fural Plat of Smnvi&Shores°,recorded inMap Book36 atPage 128(Slide#493)of the Pender County Registry,which lies on the northwest side of the dividing line of Lots 3-6 mid Las 7-10, including mil of Lots 1-6,the common areas,the Private street designated as Bridgers Avenue,and an lands between the high- water mark of Topsail Sound(Banks Channel)and the said dividing line of Lots 3-6 and Lots 7-10. NOV 0 6 2012 AUG 0 2 201' DCM-MHDCITY F)CM WILMINGTC -f, NC http://gis.pendercountync.gov/RODSearch/default.aspx 7/31/2012