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HomeMy WebLinkAbout60-05 Magnabosco, Paul and Susan FPermitClass Permit Number WAL 60-05 STATE OF NORTH CAROLINA Department of Environmental Quality and Commission Coastal Resources Com y � 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 & Susan Magnabosco,3306 Tipton Ct., Wilmington, NC 28409, for Stanwick Shores S/D Authorizing development in Pender County at adj. to Banks Channel and Topsail Sound, on Bridger's St., in Topsail Beach as requested in the permittee's application dated letter dated 11/30/16. This permit, issued on February 9,2017 , 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. f { 1) This renewal shall be attached to Permit No. 60-05, which was issued to the permittee 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 a Division representative inspects the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this renewal. (See attached sheet for additional conditions.) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DEQ and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. This permit must be accessible on-site to Department r/ personnel when the project is inspected for compliance. t Any maintenance work or project modification not covered Braxt . Davis, Director 1vislon of Coastal Management hereunder requires further Division approval. All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee raul Susan Magnabosco, for Stanwick Shores S/D Permit No. 60-05 ' Page 2 of 2 ADDITIONAL CONDITIONS Maintenance Clause The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross-hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Excavation 4) The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat does not result from the construction and/or operation of the authorized facilities. Should dredging of these areas be proposed in the future,the permittee is further advised that the Rules of the Coastal >,' Y Resources Commission prohibit new dredging within SAV beds. 5) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. 6) Excavation shall not exceed -3 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. 7) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 08- 0712 V4. NOTE: The U.S. Army Corp of Engineers has assigned the proposed project COE Action Id. No. SAW- 2004-00705. ROY COOPER r. Governor MICHAEL S. REGAN Secretary Coastal Management BRAXTON C. DAVIS ENVIRONMENTAL QUALITY Director February 13,2017 Paul& Susan Magnabosco 3306 Tipton Ct. 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 113A-121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings,6714 Mail Service Center, Raleigh,NC 27611-6714, (919)733-2698 within twenty(20)days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty(20)days. 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. Sincerely, tlas V. Hugg v4- Major Permits Manager N.C. Division of Coastal Management Enclosure State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City,NC 28557 252 808 2808 DCM Coordinator: E"j►1.�� Permit#: UO C� MAILING DISTRIBUTION SHEET Permitee• ,,( n � Mbo (o ; �u-, �C 29�(�' Agents: d o I�cej w llan O AL 2945 DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington Wilmington US ACOE Offices: Washington: Raleigh Bland Josh Pelletier William Westcott(NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumbley Liz Hair Cultural Resources: Renee Gledhill-Early or(environmental.review@ncdcr.gov) Public Water Supply: Heidi Cox (WIRO) Joey White (WARD) Marine Fisheries: Shane Staples NC DOT: Ben Hughes Shellfish Sanitation: Shannon Jenkins State Property: Tim Walton Water Quality: Karen Higgins (Raleigh) John Hennessy (NC DOT) Washington: Anthony Scarbraugh—401 Wilmington: Robb Mairs—401 Chad Coburn- 401 DEMLR: Washington: Scott Vinson- Stormwater Wilmington: Georgette Scott- Stormwater Wildlife Resources: Maria Dunn LPO: Fax Distribution: Permitee#: Agent#: aw DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS / 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 January 25, 2017 Regulatory Division Action ID No. SAW-2004-00705 and State Permit No. 60-05 Mr. and Mrs. Paul and Susan Magnabosco 3306 Tipton Court Wilmington,North Carolina 28409 Dear Mr. and Mrs. Magnabosco: Through coordination with the North Carolina Division of Coastal Management,we have learned of your request to renew the work associated with your Department of the Army(DA) permit issued on February 11, 2008 and modified on July 29,2013,which authorized the reconfiguration of the existing docking facility and perform dredging, adjacent to Banks Channel and Topsail Sound, located at the northern end of Bridges Avenue, in Topsail Beach,Pender County,North Carolina. Your proposal continues to be consistent with the provisions and objectives of general permit No. 19800291 (copy enclosed). The permit is hereby renewed. It is understood that all other conditions of your permit remain applicable. The expiration date of your DA permit is December 31,2021. If you have any questions or comments you may reach me at telephone (910)251-4049. Sincerely, Liz air, Project Manager Wilmington Regulatory Field Office Copies furnished(with enclosure): Mr. R. Mark Walton RECEIVED Walton Engineering Post Office Box 895 J A N 3 0 2017 Burgaw,North Carolina 28425 DCM- NIFID CITY -2- Copies Furnished (without enclosure): Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City,North Carolina 28557 Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington,North Carolina 28405 Mr. Chad Coburn Division of Water Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington,North Carolina 28405 Dr. Ken Riley National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort,North Carolina 28516 PAT MCCRORY Governor DONALD R. VAN DER VAART .secretary BRAXTON DAVIS Coastal Management Director ENVIRONMENTAL QUALITY MEMORANDUM TO: Doug Huggett Major Permits Coordinator FROM: Shaun Simpson DCM Permit Support, Wilmington THRU: Debra Wilson W DCM, District Manager, Wilmington DATE: December 15, 2016 SUBJECT: Major Permit Renewal Request State Permit No. 60-05 Paul and Susan Magnabosco, Bridgers Ave., Topsail Beach,Pender County Mr. Mark Walton, acting as agent for Paul and Susan Magnabosco, is requesting the first 2- year maintenance renewal of State Permit No. 60-05. This permit was originally issued on April 28, 2005 for the development of Stanwick Shores Subdivision. It was renewed on January 27, 2009, and was due to expire on December 31, 2010, however, was subject to extension by Legislative Session Law 2009-406 and as amended, by Session Law 2010-177. Thus, the permit was extended to expired on December 31, 2015. State Permit No. 60-05 was issued a major modification on July 16, 2013 to authorize a docking facility with a maintenance dredging clause and is currently due to expire on December 31, 2016. This Office has no objection to the 2-yr maintenance renewal of State Permit No. 60-05. Mr. Walton has submitted a check(no. 1849) in the fee amount of$100. Enclosures cc: WiRO files RECEIVED Tyler Crumbly,USACE Robb Mairs, DWR DEC 2 0 2016 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127.Cardinal Drive Ext.,Wilmington,NC 28405 919 796 7215 KALToNENaiNEERiNG November 30, 2016 Jason Dail NC DEQ Division of Coastal Management 127 Cardinal Drive Extension Wilmington,NC 28405 Re: CAMA Permit 60-05 Dear Jason, I am hereby requesting a 2 year extension of CAMA Permit 60-05 issued to Paul and Susan Magnabosco, 3306 Tipton Court,Wilmington,NC 28409. The purpose of the extension is for maintenance dredging. A fee check of$100.00 is enclosed. Sincerely, R. Mark Walton N.C. Professional Engineer Registration No. 016879 RECEIVED DEC 2 0 2016 DCM- rJ]FID CITY RECEIVED IOCMWILIAINGTON,NC CEC 0 2 2016 Permit Extension Request 113016 Tel: 910-259-4800 PO Box 895, Burgaw, North Carolina, 28425 email: markgwaltonengineering.net Permit Class Permit Number MODIFICATION/MAJOP, 60-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ,permit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Paul and Susan Magnabosco,3306 Tipton Court,Wilmington,NC 28409 Authorizing development in Pender County at Banks Channel, between 116 & 120 Bridgers Ave., St nwick Shore /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 T»1T(,201 , 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. Docking 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 prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) 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 Braxton C. Davis, Director `vl5ion of Coastal Management hereunder requires further Division approval. All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2016 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee R Paul and Susan Magnabosco Permit#60-05 Page 2 of 4 ADDITIONAL CONDITIONS 3) Should either adjacent waterfront lot be sold prior to the initiation of construction of the reconfigured docking facility, 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. t Paul and Susan Magnabpsco 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 20) The permittee understands and agrees that, if future operations by the United States requires the 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. } 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. `,v04-faaa:so-:�04oh7u+-ttht-:c-:-x-k��ao-toar7-0-fay:-}xati}}C-:-�}�7o:oa�:.60.eriw.+r.-w+-.?t;raa }�.+.-:Go%�,�f7-}}a�•�x-}}:.'.00tC-lxo.i-Yn4Y1.7Crt++C:+rt)d-]^:�:.:.:+,vr,+,.,�L Permit Class Permit Number RENEWS, 60-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission fi)rrmtrt for X Major Development in an Area of Environmental Concern x pursuant to NCGS 113A-118 A r X Excavation and/or filling pursuant to NCGS 113-229 Issued to Paul and Susan Magnabosco,3306 Tipton Ct., 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 .s c 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*issue d on 3/18/08, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this renewal. RECEIVED RECEIVED ,. ' JAN 3 0 2009 DEC 2 0 2016 i DCM Ali MINGTON, NC DCM- MHD CIT 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 z continuance as the case may be. Y This permit shall be accessible on-site to Department v personnel when the project is inspected for compliance. s James . Gregson, Director An maintenance work or project modification not covered hereunder requires further Di ysion approval. Division of Coastal Management # p p 'A4 This permit and its conditions are hereby accepted. All work shall cease when the permit expires oI f December 31,2010 1"Y In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal of Permittee Management Program. Signature Y �'}}:e}�r:i.}:-}}:.:ti.}:ti-:iti-:.?tiv:-lti-7ti4�}?W}}1-C-}i-}::,�..ti�-:ti-:i--.i:.:/.<{�:i:{:.'r.�{.v..-. .}%r:.r er.:�};i�:•i.i:::-:'K-}i.iiiA'v}:ii•;•:i-:\:.:<:.i^h`�1-h?C.:•ti-}:i.}ti+ti<-.:.:.��}Y:ii-'r:ntii..4ti}Pi-P.ti-:;.u.��j Permit Class Permit Number NEW(Express Program) 60-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Paul& Susan Magnabosco,3306 Tipton Ct,Wilmington,NC 28409,for Stanwick Shores S/D Authorizing development in Pender County at adi.to Banks Channel and Topsail Sound, on Bridg&r,,S St..in Topsail Beach as requested in the permittee's application dated 0 /3 02/05 (Mp_-_1). 03/04/05 M 2&MP 3) and 03/18/05 (MP-4) including the attached workplan drawing (I I rev. 03/16/05. This permit, issued on April 28.2005 , 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. Upland Development 1) This permit authorizes only the land disturbing activities associated with establishment of the Stanwick Shores Subdivision, as well as the driveways, access road and utilities, all as expressly and specifically set forth in the permit application and depicted on the attached work-plat drawings. Any additional land disturbing activities and/or construction shall be evaluated on a case-by-case basis by a representative of the Division of Coastal Management (DCM) to determine additional permit requirements. Contact a representative of the Division at (910) 395-3900 prior to the commencement of any such activity for this determination. 2) All fill material shall be clean and free of any pollutants except in trace quan c".V L i ` 6— DEC, 2 0 Z016 (See attached sheets for Additional Conditions) 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. Charles S-Jones,Director Any maintenance work or project modification not covered �/�Ivis ion of Coastal Management hereunder requires further Division approval. All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee