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.
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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
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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