HomeMy WebLinkAbout20191234 Ver 1_CAMA Application_20190916DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Mark Yusko
2. LOCATION OF PROJECT SITE: Located at 116 Bridgers Ave., adjacent to Banks Channel
and Topsail Sound, in Topsail Beach, Pender County.
Photo Index — 2006:25-2567, L -M, 15-16
State Plane Coordinates — Lat: N 34022'30.58" Long: W 71°37'09.78"
3. INVESTIGATION TYPE: CAMA/Dredge and Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit —Most recent: 9/10/19
Was Applicant Present—No
5. PROCESSING PROCEDURE: Application Received — completed on August 28, 2019
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Pender County
Land Classification From LUP — Conservation in the AEC and Limited Transition for
uplands
(B) AEC(s) Involved: ES, EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Residential
(E) Wastewater Treatment: Existing — None Planned - None
(F) Type of Structures: Existing — Bulkhead and docking facility
Planned - Dredge around the docking facility
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
HABITAT DESCRIPTION: [AREA]
DREDGED FILLED
OTHER
(A) Shallow bottom — SAV Habitat
1,800 sq ft.
(126 yds')
(B) Non -Vegetated Wetlands
(open water)
Same as above
(C) Other
3,600 sq. ft.
High ground
(0.08 acres)
graded
(D) Total Area Disturbed: 5,400 sq ft (0.12 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: Yes
8. PROJECT SUMMARY: The applicant is proposing to dredge around the existing docking
facility.
Mark Yusko
Page Two
9. PROJECT DESCRIPTION:
The project site is located at 116 Bridgers Ave., adjacent to Topsail Sound and Banks Channel,
in the Town of Topsail Beach, Pender County. To get to the project site from Wilmington, head
north on US Hwy 17 toward Jacksonville. At the intersection of US Hwy 17 and NC Hwy 210,
turn right onto NC Hwy 210 towards Surf City. Cross the AIW W (swing bridge) leading into
Surf City and turn right at the stoplight onto NC Hwy 50. Travel approximately 3.5 miles south
and turn right onto Rocky Mount Lane. Once on Rocky Mount Lane, take the first right onto
Bridges Ave. The property will be located at the terminal end of Bridgers Ave, on the western
side. The property is approximately 53' wide at the water's edge, and 150' deep (as measured
from the normal high water line to Bridgers Ave.).
With exception of an existing bulkhead and private docking facility, the property is vacant. The
site abuts the Stanwick Shores Subdivision which was originally permitted under CAMA Major
Permit #60-05, on April 28, 2005. The adjacent Stanwick Shores six -slip community dock
currently has an active dredging permit that expires on December 31, 2020. According to the
application package, the project site is approximately 0.40 acres (17,859 sq. ft.) and contains
native lawn grasses along with few Live Oaks. A fringe of Coastal Wetlands (consisting
predominantly of Smooth Marsh Cordgrass) extends from the bulkhead a distance of
approximately 60'-65' toward the west. Elevations at the site average 4.0', relative to the normal
high water line. According to the site plan drawings, existing water depths adjacent to the current
docking facility range from -2.0' to -6.0' @ mean low tide (mlw).
The waters of Topsail Sound and Banks Channel, adjacent to the proposed project area, are
classified as "SA" by the Division of Water Resources. This section of Topsail Sound is NOT
designated as a Primary Nursery Area by the Division of Marine Fisheries. According to maps
provided by Shellfish Sanitation, the area is OPEN to the harvesting of shellfish.
Additionally, the entire area surrounding the project site has been confirmed (by the NC Division
of Marine Fisheries) as Submerged Aquatic Vegetation (SAV) habitat area, and either contains,
or has previously contained beds of SAV. The site plan drawing(s) provided with the application
package depict two distinct areas of existing SAV landward of the proposed dredge footprint,
one established bed being located on either side of the existing pier.
' : 17Zti0047U.Z13IMS 1A
The applicant is proposing to incorporate new dredging around the footprint of the private
docking facility (i.e. new boat basin).
It should be noted the adjacent property owner to the south (Paul Magnabosco for Stanwick
Shores HOA) requested authorization for dredging activities around their community docking
facility in the past; however, negative comments from several resource agencies prompted the
Mark Yusko
Page Three
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 lft. 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 SAVs..... At the time of
the site visit (low water), depths throughout much of the project were 12 " or less...... It is the
position of the Division of Marine Fisheries that the dredging and/or the docks without dredging
would have significant adverse impacts to this important coastal fish habitat and to coastal
fisheries resources using this habitat. "
In addition to the negative comments received from the Division of Marine Fisheries, the NC
Division of Water Resources also recommended denial of the dredging of SAVs in the project
area and the NC Wildlife Resources Commission requested that the "dredging footprint shall be
modified to avoid disturbance to all SAV".
With that said, it appears the applicant's proposal would avoid any established beds of SAV;
however, it has been determined previously, that the area adjacent to the project site is
considered to be SAV habitat.
The dredging portion of this project would include removing approximately 1,800 sq. ft. of
shallow bottom SAV habitat area, which according to the application package, was surveyed in
June 2018. The dimension of the proposed project area measures 40' (L) x 45' (W) x-3.5' (D),
giving a total dredged volume of 126 cubic yards. Current water depths in the vicinity of the
proposed dredge footprint range from -2.0' at Mean Low Water (MLW) to -6.0'@ MLW. The
application states that the dredge footprint would have a 45° taper around the perimeter of the
cut, to a final depth of -6.0' @ MLW. The applicant states the project has been designed to avoid
impacts to SAV; however, the footprint of the dredge cut borders a well-established SAV bed.
The application states that a barge mounted excavator would be used to dredge around the
docking facility and material generated from the project would be transported off-site (via barge)
to a designated disposal site located at 1520 Carolina Boulevard, Topsail Beach (located
approximately 2.0 miles south of the project site. The applicant has received approval from Brent
Ellmer (owner of 1520 Carolina Blvd), allowing deposition of material along the property.
Dimensions of the proposed spoil deposition area measure approximately 60'(w) x 60'(1),
providing a total footprint of approximately 3,600 sq. ft. As proposed, all spoil material would be
deposited outside of the 30' Coastal Shoreline Buffer. There are no "404" type or Coastal
Wetlands located within the boundaries of the proposed disposal site.
Mark Yusko
Page Four
10. ANTICIPATED IMPACTS
According to the application package, a private SAV survey was conducted at the property in
June 2018. Additionally, historical surveys have been conducted in the vicinity of the property
by both 3`d parties as well as NCDENR staff. The results of the surveys, in addition to DMF's
site visits, clearly define the presence of SAV in the vicinity of the proposed project. Similarly,
the entire area within the project boundary has been defined as SAV habitat area by the NC
Division of Marine Fisheries. Dredging within this area would impact approximately 1,800 sq. ft.
of shallow bottom SAV habitat (at a minimum) and deposition of dredge spoil material could
impact up to 3,600 sq. ft. of previously disturbed high ground. No Coastal or "404" type
Wetlands would be impacted or affected as a result of the project.
Submitted by: J. Dail Date: September 11, 2019 Office: Wilmington
WALToy ENGINEERING
July 15, 2019
Mr. Jason Dail
NCDEQ Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Mark Yusko, CAMA Major application
Dear Jason,
Enclosed is the application for the Yusko CAMA major permit. This resubmittal contains all the
information requested in your email dated 3/20/19. The proposed project consists solely of
dredging the area directly beneath the boat lift on the north side of the pier and on the south side
of the pier. The pier, lift and dock are already permitted and constructed. The attached plan
shows the as built pier and lift with the proposed dredging area.
The proposed dredge area as shown in the plan is in a 44.5' by 46.1' area. At a maximum depth
of -6.0' mlw for a total volume of 126.8 Cubic Yards. The perimeter of the dredge area will be
sloped at 45 degrees to avoid sloughing to further avoid impacts to the SAV. Dredging will be
done by shovel mounted on a barge. The anticipated spoil disposal area is at nearby 1520
Carolina Blvd. A letter of permission to deposit the dredge spoil is included in the application
package.
The existing beds of SAV shown on the plan were surveyed on June 19, 2018. None of the
proposed work will encroach on these SAV beds.
The sound bottom was re -surveyed in May 2019. The survey was done by Daniel H. Thompson,
NC Registered Land Surveyor. A new site plan and cross-sections were prepared to reflect
current conditions. The sound bottom has filled in significantly as a result of Hurricane Florence.
It is no longer possible to launch a boat during low tide. The original survey is included for
comparison.
We researched "normal low water" and couldn't find any information or definition of the term.
So we have indicated water depths as a negative depth at mean low water (mlw).
If you have any questions, please call me at 910-617-2975 or Mark Walton at 910-470-4801.
Sincerely, C� ��
V�
RECEIVED
R. Mark Walton
AUG 2 8 2019
Tel: 910-259.4800 PO Box 895, Burgaw, North Carolina, 28425
DCM WILMINGTON, NC
ON MP -1
APPLICATION for
Major Development Permit
(last revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Appllcant/ Landowner Information
Business Name
Project Name (if applicable)
Yusko Pier Dredging
Applicant 1: First Name
Mark
MI
W
Last Name
Yusko
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
2121 North Lakeshore Dr
PO Box
City
Chapel Hill
State
NC
ZIP
27514
Country
USA
Phone No.
919-423-1812 ext.
FAX No.
Street Address (if different from above)
City
State
ZIP
Email
smyusko@gmail.com
2. Agent/ContractorInformation
Business Name
Walton Engineering
Agent/ Contractor 1: First Name
MI
Last Name
Raymond
Mark
Walton
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
PO Box 895
PO Box 895
Burgaw
NC
ZIP
Phone No. 1
Phone No. 2
28425
910-470-4801
ext.
910-259-4800
ext.
FAX No.
Contractor #
Street Address (if different from above)
City
State
ZIP
109 E Fremont Street
Burgaw
NC
28425 -
Email
RECEIVED
mark@waltonengineedng.net
<Form continues on back>
AUG 2 S 2019
DCM WILMINGTON, NC
252-808-2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net
Form DCM MP -1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Pander County
116 Bridgers Avenue
86'
Subdivision Name
City
State
Zip
Stanwick Shores
Town of Topsail Beach
NC
28445 -
Phone No.
Lot No.(s) (if many, attach additional page with list)
- - ext.
I I,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
White Oakl
Banks Channel
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑Unknown
Atlantic Ocean
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes []No
work falls within.
i. Is the proposed project consistent with the applicable zoning?
Town of Topsail Beach
4.
Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
86'
17859.6
c.
Size of individual 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)
4' ®NHW or ❑NWL
e.
Vegetation on tract
Native Shrubs and grass lawn
f.
Man-made features and uses now on tract
Pier w one boat lift and Bulkhead
g.
Identify and describe the existing land uses adjacent to the proposed project site.
Lot with pier
h.
How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
R-2
(Attach zoning compliance certificate, if applicable)
®Yes ❑No ❑NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes SNo
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes SNo ❑NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes SNo ❑NA
National Register listed or eligible property?
RECEIVED
<Form continues on next page>
AUG 2 8 2019
DeM TON, NC
252.808.2808 :: 1.888-4RCOAST www.nccoastaimanagement.net
Form DCM MP -1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes ❑No
(ii) Are there coastal wetlands on the site? ®Yes ❑No
(iii) If yes to either (i) or (it) above, has a delineation been conducted? ®Yes ❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
N/A
o. Describe existing drinking water supply source.
N/A
p. Describe existing storm water management or treatment systems.
N/A
5. Activities and Impacts
a. Will the project be for commercial, public, or private use?
❑Commercial ❑Public/Government
®Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The area under the boat lift and the surrounding area will be excavated so that the
depth of water will be -6.0' nlw. The
purpose is to allow use of boat at low tide.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Barge mounted shovel will be used to dig out to disered 6' at MLT depth. Sides will
be 45°.
d. List all development activities you propose.
Dredge 126.84 c.y.
e. Are the proposed activities maintenance of an existing project, new work, or both?
new work
f. What is the approximate total disturbed land area resulting from the proposed project?
3.944+1- ®Sq.Ft or ❑Acres
g. Will the proposed project
encroach on any public easement, public accessway or other area
❑Yes ®No [:INA
that the public has established
use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
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 [INA
j. Is there any mitigation proposed?
❑Yes ®No [INA RECEIVED
If yes, attach a mitigation proposal.
<Form continues on back>
AUG 2 8 M9
DCM WILMINGTON, NC
252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net
Form DCM MP -1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP -1) the following items below, 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. Ste coJ2-P \Q*ter
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 slate application only) or other instrument under which the applicant claims title to the affected properties.
a. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Stanwick Shores HOA INC Phone No.
Address PO BOX 3002 Surf City, NC 28445
Name Nicholas C Palczuk Jr Phone No.
Address 318 Twin Pond Dr West Chester, PA 19382
Name Vicki M Lanier Phone No.
Address PO BOX 447 Elizabethtown, NC 28337
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
h. Signed consultant or agent authorization forth, if applicable.
L 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.
1 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 ".19 Print Name KAO K w XUw}_
Signature
Please indicate application attachments pertaining to your proposed project.
®DCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts RECEIVED
❑DCM MP -3 Upland Development
[]DCM MP -4 Structures Information AUG 2 S 2019
DCM WILMINGTON, NC
252.808-2808 :: 1.888.4RCOAST :: www.nccoastalmanagement.net
Form DCM MP -2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP -1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
1. EXCAVATION
a. Amount of material to be excavated from below NHW or NWL in
cubic yards.
126.84
c. (i) Does the area to be excavated include 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
(ii) Describe the purpose of the excavation in these areas:
Dredging beneath the boat lifts on the pier so boats can access
at low tide.
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area.
1520 Carolina Blvd, Topsail Beach NC
c. (i) Do you claim title to disposal area?
[]Yes ®No [INA
(ii) If no, attach a letter granting permission from the owner
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ®None
(ii) Describe the purpose of disposal in these areas:
Used as fill.
❑This section not applicable
b. Type of material to be excavated.
sand
d. High -ground excavation in cubic yards.
0
❑This section not applicable
b. Dimensions of disposal area.
Approximately 64.45' by 61.2'
d. (i) Will a disposal area be available for future maintenance?
[]Yes [--]No ®NA
(ii) If yes, where?
f. (i) Does the disposal include any area in the water?
❑Yes ®No [INA
(ii) If yes, how much water area is affected?
RECEIVED
AUG 2 8 /019
004 wll MINGTON, NC
252-808.2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06
Access
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
NWL
stabilization
Length
40'
44.5' south
Width
side and 46.1'
north
Avg. Existing
-2'to-3'mlw
NA
NA
Depth
Final Project
6 mlw
NA
NA
Depth
1. EXCAVATION
a. Amount of material to be excavated from below NHW or NWL in
cubic yards.
126.84
c. (i) Does the area to be excavated include 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
(ii) Describe the purpose of the excavation in these areas:
Dredging beneath the boat lifts on the pier so boats can access
at low tide.
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area.
1520 Carolina Blvd, Topsail Beach NC
c. (i) Do you claim title to disposal area?
[]Yes ®No [INA
(ii) If no, attach a letter granting permission from the owner
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ®None
(ii) Describe the purpose of disposal in these areas:
Used as fill.
❑This section not applicable
b. Type of material to be excavated.
sand
d. High -ground excavation in cubic yards.
0
❑This section not applicable
b. Dimensions of disposal area.
Approximately 64.45' by 61.2'
d. (i) Will a disposal area be available for future maintenance?
[]Yes [--]No ®NA
(ii) If yes, where?
f. (i) Does the disposal include any area in the water?
❑Yes ®No [INA
(ii) If yes, how much water area is affected?
RECEIVED
AUG 2 8 /019
004 wll MINGTON, NC
252-808.2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06
Form DCM MP -2 (Excavation and Fill, Page 2 of 2)
3. SHORELINE STABILIZATION ®This section not applicable
(If development is a wood groin, use MP -4 — Structures)
a. Type of shoreline stabilization: b. Length:
❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: Width:
c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL:
e. Type of stabilization material:
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill _ Riprap
Breakwater/Sill_ Other_
I. Source of fill material.
f. (i) Has there been shoreline erosion during preceding 12
months?
[]Yes ❑No El NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
4. OTHER FILL ACTIVITIES ®This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ❑Yes [_-]No E] NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
If yes,
(ii) Amount of material to be placed in the water
(iii) Dimensions of fill area
(iv) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site and erosion
controlled?
excavated fill will be kept on floating barge.
c. (i) Will navigational aids be required as a result of the project?
❑Yes ®No [INA
(ii) If yes, explain what type and how they will be implemented.
3 -9!R
Date
Project Name IZ 4G 0 GI N
vSk� SIE � - �
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
(ii) Describe the purpose of the fill in these areas:
b. What type of construe
backhoe, or hydraulic
backhoe
d. (i) Will wetlands be crossed in transporting equipment to project
site? []Yes ®No ❑NA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
m r4 t2tc t t� �y us�n
Applicant Name
RECEIVED
Applicant Signature
AUG 2 S 2019
DCM WILMINGTON, NC
252-808-2808 :: 1-888-4RCOAST :: vvvvw.nccoa stal manage ment.net revised: 92128108
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Walton Engineering
Attn: Raymond Mark Walton
PO Box 895
Burgaw, NC 28425
Dear Mr. Walton:
NORTH CAROLINA
Environmental Quality
September 11, 2019
The Division of Coastal Management hereby acknowledges receipt of your application,
acting as agent for Mark Yusko, requesting authorization under the Rules of the N.C. Coastal
Resources Commission for development activities at 116 Bridgers Avenue, adjacent to
Banks Channel and Topsail Sound, in Topsail Beach, Pender County. It was received as
complete on August 28, 2019 and appears to be adequate for processing at this time. The
projected deadline for making a decision on your permit application is November 11, 2019.
An additional 75 -day review period is provided by law when such time is necessary to
complete the review. If you have not been notified of a final action by the initial deadline
stated above, you should consider the review period extended. Under those circumstances,
this letter will serve as your notice of an extended review. However, an additional letter
will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from August 28, 2019, you
may request a meeting with the Director of the Division of Coastal Management and permit
staff to discuss the status of your project. Such a meeting will be held within five working
days from the receipt of your written request and shall include the property owner,
developer, and project designer/consultant.
NCGS 113A -119(b) requires that Notice of an application be posted at the location of the
proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which
must be posted at the property of your proposed development. You should post this notice
at a conspicuous point along your property where it can be observed from a public road.
Some examples would be: Nailing the notice card to a telephone pole or tree along the road
right-of-way fronting your property; or at a point along the road right-of-way where a
private road would lead one into your property. Failure to post this notice could result in
an incomplete application.
�F,mbnexa meb\
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215
Mr. Walton
Page 2
An onsite inspection will be made, and if additional information is required, you will be
contacted by the appropriate State or Federal agency. Please contact me if you have any
questions and notify me in writing if you wish to receive a copy of my field report and/or
comments from reviewing agencies.
Sincerely,
R
9ie
Dail
Representative
cc: WiRO - file
Liz Hair, USACE
Robb Mairs, DWR
Maria Dunn, NCWRC
NOTI(01$107A
LAMA PERMIT
APPLIED FOR
PROJECT:
r
COMMENTS ACCEPTED THROUGH October 09, 2019
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Mark Yusko
i1
2121 North Lakeshore Drive NC Div. of Coastal Managenment
Chapel Hill, N
(9 mg) 429.4894 Wilmington,
AGENT: Raymond Mark Walton (910) 470-4801 — %p4apUrl LOW! (910) 796-7221
0
NOk 1,1 CAW 11_I0—
Environmenral Quality
September 13, 2019
Advertising@starnewsonline.com
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice for:
• Sondra Vitols / New Hanover County
• Robert Reif / Pender County
• Batts Properties, Inc. / Pender County
• Mark Yusko / Pender County
ROY COOPER
Governor
MICHAEL S. REGAN
secreinry
BRAXTON DAVIS
Direclor, Division of Coastal Management
Hello Angie: Please publish the attached Notice in the Wednesday, September 18, 2019 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for
newspaper advertising.
Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management,
127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy
Springer, (Customer No. 70100342).
Please email a copy of the credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington
office.
Support & Customer Assistance
cc: MHC Files
Courtney Spears - WiRO
USACE
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS 113A -
119(b) that the following applications were submitted for a development permits in Areas of Environmental
Concern as designated under the CAMA: On September 9, 2019, Sondra Vitals proposed to install a boat lift to
an existing docking facility at 8208 Bald Eagle Lane, adjacent to AIWW & Middle Sound, in Wilmington,
New Hanover County, on September 3, 2019, Robert Reifproposed to replace afailing bulkhead at 709 Hughes
Rd, adjacent to Mill Creek, in Hampstead, Pender County, on September 11, 2019, Batt's Properties, Inc.
proposed to install a six -slip docking facility & boardwalk at 602 Roland Ave., adjacent to Topsail Sound, in
Surf City, Pender County, and on August 28, 2019, Mark Yusko proposed to dredge at an existing docking
facility at 116 Bridgers Ave., adjacent to Banks Channel & Topsail Sound, in Topsail Beach, Pender County.
Copies of these applications can be examined or copied at the office of Jason Dail, N.C. Dept. of Environmental
Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7221
during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, NC 28557-3421, prior to October 9, 2019 will be considered in making the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies. Notice of
the permit decision in these matters will be provided upon written request.
WALTON ENgNEERm(i
Agent Authorization
March 6, 2019
To Whom it May Concern,
I hereby authorize Walton Engineering (and employees of Walton Engineering) as my agent to apply
for modification of my CAMA Permit.
Sincerely,
mma- t ► �q
Mark Yusko j
RECEIVED
Tel: 910-259-4800 PO Box 895, Burgaw, North Carolina, 28425 AUG 2 S 2019
DCM WILMINGTON, NC
02/Jul/2019 11:24:25 Winn ACH General Surgery 912-435-3532
June 30, 2019
NC DEQ
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 284.05
To Whom It May Concern,
I hereby grant permission to Mark and Stacey Yusko to place 126 cubic
bottom dredge spoil, on my lot at 1520 Carolina Blvd., Topsail -Beach, N
4202-82-8819-0000).
The dredge spoil will come from maintenance dredging around the.
2, Stanwick Shores, Topsail Beach, NC,
+/- d clean bund-
ider 7ounty 11N
pier and dock F Lot
Brent RaymElimes
I22 Kings Dr,
Dunn, NC 2 4
Signed:
Date:
RECEIVED
AUG 2 8 2019
DC WILMINGTON, NC
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RECEIVED
AUG 2 S 2019
OCM WILMINGTON, NC
Dail, Jason
From:
Dail, Jason
Sent:
Tuesday, July 23, 2019 7:49 AM
To:
'Mark Walton'
Subject:
RE: [External] Yusko Maintenance Dredging
Good morning Mark. I have received the application package for the Yusko's and believe I have all required information
with exception of a few minor details which I think you can easily resolve. Once you have included the items below,
please submit 27 copies of each drawing larger than 11" x 17".
*On Sheet 1 of 3, please include the address of the subject property.
*On Figure 3 of 3, please show a containment area for the proposed fill.
*1 do not see a Sheet 3 of 3.... Am I missing a drawing? If not, please correct the drawing numbers on the plans
submitted.
*The 2018 "Sound bottom survey" is not necessary as long as the existing site plan depths are accurate. You may or may
not omit Sheet S1.
Let me know if you have any questions. Otherwise, I'll look for the revisions in the near future.
Take care,
Jason
Jason Dail
Field Representative
NC Department of Environmental Quality
NC Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405
Phone: (910)796-7221, Fax: (910)395-3964
Jason.Dail@ncdenr.gov
!?"Nothing Compares
-E-mail correspondence to and from this address
may be subject to the North Carolina Public
Records Law and may be disclosed to third parties
From: Dail, Jason
Sent: Thursday, June 27, 2019 2:29 PM
To: Mark Walton <mark@waltonengineering.net>
Subject: RE: [External] Yusko Maintenance Dredging
27 sets for final. However, I'd encourage you to send me one set for review priorto printing off 27 copies just in case
there are comments and/or corrections.
Thank you,
Jason
Jason Dail
Field Representative
NC Department of Environmental Quality
NC Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405
Phone: (910)796-7221, Fax. (910)395-3964
Jason. Dail@ncdenr, aov
WO-5�NothingCompares.,..
•E-mail correspondence to and from this address
may be subject to the North Carolina Public
Records Law and may be disclosed to third parties.
From: Mark Walton <mark@waltonengineerine.net>
Sent: Thursday, June 27, 2019 1:40 PM
To: Dail, Jason <iason.dail@ncdenr.gov>
Subject: [External] Yusko Maintenance Dredging
Jason,
How many copies of the plans do you need?
Thanks,
Mark
This email has been checked for viruses by Avast antivirus software.
www.avast.com
Figure Reproduction of USGS Hampstead
9 Quadrangle
Pender County, NC DCM
7.5 Minute Series (Topographic)
Site Location Map
116 Bridgers Ave
RECEIVMsail Beach, NC
AUG 2 8 1.019
ALTON ENGINEERING
0-\ 0111-
gPN\�S Edge
PP � f \ eaeC�\yp°re\
M°oNoned� h
060
PROPERTY LINE
Course Bearing Distance
FOOTPRINT
OF DREDGE
L21
N 53.45'14"
E
32.65'
L22
N 67° 10'32"
E
32.07'
L23
N 70.38'26"
E
41.42'
L24
N 45.27130"
E
32.52'
L25
N 87.41138"
E
25.30'
L26
N 65.37'38"
E
12.88'
Course
L27
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
MHW LINE
Bearing
S 59°13'15"
W
S 76°28131"
W
N 49°54'49"
W
N 19°23'18"
W
N 85°02'12"
W
S 64°03'26
W
S 44°25'36"
W
S 19°50'39
E
S 57°25'40"
E
S 46°21'15"
W
S 49°36'47"
W
j Property of
Mac�nabo
� eF\
Distance
16.06
19.38'
14.59' Propeof Nicholas C
1aICzuck i
28.37 DB 3959 PG 205
41.11'
21.23'
26.98'
15.34'
19.26'
22.20'
LEGEND
Piling
Sheet
1 of 3
Date:
Property Line
Building Setback
Submerged Aquatic
Vegetation
Project:
Yusko Pier
03/15/19 1 Scale:
BANKS CHANNEL
VICIN!"Y MAP (N.T.S)
PROPOSED PROJECT
AREA
Area to Dredge to —6' MLW.
\ 44.5' x 46.1' x 40' x 3.78' deep of material (average)
\ with 45' slope sides.
26 Area = Approximately 126.8 Cubic Yards
NOTE: ALL WATER DEPTH CONTOURS
SHOWN AT MEAN LOW TIDE (MLW)
\ SURVEYED MAY 2019
V
Property of Vicky M
Lanier
`\ DS 4118 PG 103
From
Property of Mark Yusko �6 ����
DB 3175 PG 322 �\
116 Bridgers Ave., Q
Topsail Beach, NC ��-
28445
o
\o'
.o`er\
\� O
ti\s,
m �
.'V p�j Property of William
sp pg• Blount Snyder
. \ / �B 4659 PG 0813
Property of Sanford R RECEIVE
\/ /Jordan Jr.
DB 4657 PG 0943 AUG Z 6 2.:
DCM
Title: Dredge Plan With r,�T
May 2019 Water DepthsWALTON ENGINEERING
PO Box 895, Burgaw, NC 28425 (910) 259-4800
= 30' Drawn by: RMW/DAT Firtn License# F-0968
,NC
CROSS SECTION A—A
Not to Scale
A A
BANKS CHANNEL
END OF EXISTING PIER 43.3' to be dredged to 6' De th
MFM'
MLW
-3'
-4'
-5'
EXISTING BULKHEAD
NOTE: Depth beyond —6' MLW
not surveyed.
Area to Dredge to —6' MLW.
44.5' x 46.1' x 40' x 3.78' deep of material(overage)
g c X with 45° slope sides.
Gn m Area = Approximately 126.8 Cubic Yards
Z _x
O o 0
Z s
z Sheet Project: Title: Dredge Plan 7,�r �+
n 2 of 3 Yusko Pier 7 4LTON ENGINEERING
X—Section
PO Box 895, Bwgaw, NC 28425 (910) 259-4800
Date: 08/18/19 Scale: Not to Scale Drawn by., RMW/DAT Fim, Lioense# F-0968
30' BUFFER FROM
NORMAL HIGH WATER
x 1520 Carolina Blvd, Topsail Beach NC
m
7
E� m
O m Figure: R Jftt
{ Yusl
`COTE: PARCEL DIMENSIONS ARE APPROXIMATE. 3 of 3
NORTH CAROLINA
Environmental Quality
September 16, 2019
MEMORANDUM:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director, Division of Coastal
Management
FROM: Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Fax: 910-395-3964 (Courier 04-16-33)
courtney.spears(a)ncdenr.pov
SUBJECT: CAMA / Dredge and Fill Application Review
Applicant: Mark Yusko
Project Location: 116 Bridgers Ave., adjacent to Banks Channel & Topsail Sound
in Topsail Beach, Pender County
Proposed Project: Proposal to dredge around existing docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by October 9, 2019. If you
have any questions regarding the proposed project, contact Jason Dail at (910) 796-7424
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
PRINT NAME
AGENCY
SIGNATURE
DATE
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.
State ofNorth Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215
The attorney preparing this instrument has made no record
search or title examination as to the property herein
described, unless the same is shown by his written and
signed cernfiEate —`�
Tax Par
Return
Prepared by: Biberstein &
Brief Dew. for the index
P. O.
FILED IK3I75PG322
071IAR -2 PM 1:27
JOYCE K S'AICEGGOD
REGIS i ER OF DEEDS
PE -40'R COhNTY,HC
PINit913-&0-,5j7-066
PATE 3 a U"7 INT
NC 28425.
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this a' " day of March, 2007 by and between:
GRANTOR GRANTEE
Recorded and Ven d
Joyce M. SMcego
Register of Deeds
Pender County,
Paul W. Magnabosco and wife, Susan K. Magnabosce I Mark W. yusko and wife, Stacey M. Yusko
t ne aesignanon Grantor and Grantee as used herein shall include said p
include singular, plural, masculine, 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
acknowledged, has and by these presents does grant bargain, sell and convey unto the Grantee in fee simple, all that certain lot
or parcel of land situated in Topsail Township, Pender County, North Carolina and more particularly described as follows:
Being all of Lot 2 as shown on a map entitled "Revised Final Plat of Stanwiek Shores", recorded in Map
Book 37 at Page 71 of the Pander County Registry, reference to which is hereby made for a more
complete and accurate description.
The property hereinabove described was acquired by Grantor by instrument recorded in Book 2279, Page 113.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the
Grantee in fee simple.
And the Grantor covenants with the Grantee, that Granter is seized of the premises in fee simple, has the right to convey
the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrantand defend
the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. RECEIVED
AUG 2 8 2019
GCM WILMINGTON, NC
PENNi ER COUNTY NC
MIT H
CA%LINA +�_ f,
03/02/2007
$2230.00
Real Estate
Excise Tax
The attorney preparing this instrument has made no record
search or title examination as to the property herein
described, unless the same is shown by his written and
signed cernfiEate —`�
Tax Par
Return
Prepared by: Biberstein &
Brief Dew. for the index
P. O.
FILED IK3I75PG322
071IAR -2 PM 1:27
JOYCE K S'AICEGGOD
REGIS i ER OF DEEDS
PE -40'R COhNTY,HC
PINit913-&0-,5j7-066
PATE 3 a U"7 INT
NC 28425.
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this a' " day of March, 2007 by and between:
GRANTOR GRANTEE
Recorded and Ven d
Joyce M. SMcego
Register of Deeds
Pender County,
Paul W. Magnabosco and wife, Susan K. Magnabosce I Mark W. yusko and wife, Stacey M. Yusko
t ne aesignanon Grantor and Grantee as used herein shall include said p
include singular, plural, masculine, 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
acknowledged, has and by these presents does grant bargain, sell and convey unto the Grantee in fee simple, all that certain lot
or parcel of land situated in Topsail Township, Pender County, North Carolina and more particularly described as follows:
Being all of Lot 2 as shown on a map entitled "Revised Final Plat of Stanwiek Shores", recorded in Map
Book 37 at Page 71 of the Pander County Registry, reference to which is hereby made for a more
complete and accurate description.
The property hereinabove described was acquired by Grantor by instrument recorded in Book 2279, Page 113.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the
Grantee in fee simple.
And the Grantor covenants with the Grantee, that Granter is seized of the premises in fee simple, has the right to convey
the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrantand defend
the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. RECEIVED
AUG 2 8 2019
GCM WILMINGTON, NC
Title to the property hereinabove described is subject to the following exceptions:
1. Restrictions recorded in Book 2279, Page 117, Pender County Registry. QK3I75PS323
2. Ad valorem taxes for the year 2007.
3. Routine utility easements and highway rights of way.
IN WITNESS WHEREOF, the Grantor has hereunto sethis hand and seal, or if corporate, has caused this instrumentto be
signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors,
the day and year first above written.
pdkj W' (SEAL)
Out W. Ma gn osco
c SEAL)
Susan K. Magnabosc
STATE OF NORTH CAROLINA
COUNTY OF Vender
I
_.fW Notary Public in and for the aforesaid County and State, do hereby certify that Paul W.
Magnabosco and Susan . Magnabosco personally appeared before me this day and acknowledged to me that he/she voluntarily
signed the foregoing document for the purpose stated therein,
Witness my hand and notarial seal this the 2nd day of March, 2007
ym—n.Fe,Ctµt..4, <ME
Notary Public
My Commission Upires:.5161.�pto,
FAKim's Cord 8 riles\I(IM\Deeds 2007Vy ko.magnabosro.wpd
FICAL SEAL
ablleNorth Carolina
nty f Pander
A.:MYIRLY'�FISANDERS
North Carolina General Warranty Deed prepared by:
Biberstein 6 Nunalee, Attorneys at Law Page 2 of 2 RECEIVED
AUG 2 S 2019
DCM WILMINGTON, NC
Major Permit Fee Schedule
Project Name: (Vti�(aL _ �Vc'" County: PEN W_X _
Check No & Amount:
DCM %
DWQ %
Development Type
Fee
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
$250
100% ($250)
0% ($0)
excavation of any wetlands or
open water areas:
ll. Public or commercial development that
does not involve the filling or excavation
$400
100%($400)
0%($0)
of any wetlands or open water areas:
III. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine if A,B, C, or D below applies:
III(A). Private, non-commercial
development, if General Water Quality
$250
100%($250)
0%($0)
Certification No. 4175 can be applied:
III(B). Public or commercial development,
if General Water Quality Certification
$400
100%($400)
0%($0)
No. 4175 can be applied:
III(C). If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that a al
$400
60%($240)
40%($160)
review and written DWQ concurr is
needed because of concerns related to
,
water quality or aquatic life:
_
lll(D). If General Water Quality
$400
60%($240)
40%($160)
Certification No. 4175 cannot be applied:
IV. Development that involves the filling
and/or excavation of more than one acre
$475
60%($285)
40%($190)
of wetlands and/or open water areas: