20040712 Ver 4_Approval Letter_20130507

WDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
v 201 Ioot -
THI®TDWQ Project # ZOOS' 0712 V4
darter* County
Paul and Susan Magnabosco
3306 Tipton Court LAMA PERMIT
Wilmington, NC 28409
Subject Property: Stanwick Shores Subdivision, Topsail Beach
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. and Mrs. Magnabosco:
You have our approval, in accordance with the attached conditions and those listed below to
reconfigure the docking system and dredge at your existing docking facility, as described in your
CAMA application dated November 2, 2012 and received by the Division of Water Quality
(DWQ) in the Wilmington Regional Office (WiRO) on November 2, 2012 and additional
information received on April 16, 2013. After reviewing your application, we have decided that
the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). This
Certification allows you to use the 404 permit when issued by the US Army Corps of Engineers
and the CAMA Major Permit when issued by the Division of Coastal Management. In addition,
you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment
Control, Non - discharge, and stormwater regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire
upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application.
If the property is sold, the new owner must be given a copy of this General Certification and
approval letter and is thereby responsible for complying with all conditions. If total fills for this
project (now or in the future) exceed one acre of wetland or 150 linear feet of stream,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This
approval requires you to follow the conditions listed in the attached certification and any
additional conditions listed on the following pages.
127 Cardinal Drive Ext., Wilmington, NC 28405 NO e Carolina
Phone: [phone] FAX [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper atura!!rf

Paul and Susan Magnabosco
DWQ Project # 2004 0712 V4
May 7, 2013
Page 2 of 4
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification and is responsible for complying
with all conditions
3. SAVs
No impacts to SAV beds are permitted.
4. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded
as described in 15 A NCAC 28..0211. Appropriate sediment and erosion control
practices must be used to meet this standard. Turbidity curtains shall be used as
appropriate. Please notify this Office at 910.796.7215 if any turbidity issues arise.
5. The applicant shall require his contractors (and /or agents) to comply with all of the
terms of this Certification, and shall provide each of its contractors (and /or agents) a
copy of this Certification.
6. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration of this Certification.
Amount Approved (Units)
Plan Location or Reference
Open Waters /Shallow Bottom
2723.5 sq ft (0.063 ac)
Figure 1 Proposed Pier and Boat
Slip Modifications (attached)
Coastal wetlands
N/A
404/401 wetlands
N/A
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification and is responsible for complying
with all conditions
3. SAVs
No impacts to SAV beds are permitted.
4. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded
as described in 15 A NCAC 28..0211. Appropriate sediment and erosion control
practices must be used to meet this standard. Turbidity curtains shall be used as
appropriate. Please notify this Office at 910.796.7215 if any turbidity issues arise.
5. The applicant shall require his contractors (and /or agents) to comply with all of the
terms of this Certification, and shall provide each of its contractors (and /or agents) a
copy of this Certification.
6. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration of this Certification.

Paul and Susan Magnabosco
DWQ Project # 2004 0712 V4
May 7, 2013
Page 3 of 4
7. The applicant /permitee and their authorized agents shall conduct all activities in a
manner consistent with State water quality standards (including any requirements
resulting from compliance with 303(d) of the Clean Water Act), and any other
appropriate requirements of State and Federal law. If the Division determines that such
standards or laws are not being met, including failure to sustain a designated or
achieved use, or that State or Federal law is being violated, or that further conditions
are necessary to assure compliance, than the Division may reevaluate and modify this
General Water Quality Certification.
8. Shellfish Waters
This project is being constructed in open shellfishing waters. Additional boatslips that
would potentially cause a closure is prohibited. The closure would be considered a
violation of the SA Standards (15A NCAC 02B. 0221) and the Antidegradation Policy (15A
NCAC 02B. 0201.
9. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401 /Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
Violations of any condition herein set forth may result in revocation of this Certification and
may result in criminal and /or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by
this Certification shall expire upon expiration of the 404 or CAMA Permit.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH.
A petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between
8:00 am and 5:00 pm, excluding official state holidays).

a
Paul and Susan Magnabosco
DWQ Project # 2004 0712 V4
May 7, 2013
Page 4 of 4
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Jennifer Burdette in the Central Office
in Raleigh at 919.807.6364 or Joanne Steenhuis in the DWQ Wilmington Regional Office at
910.796.7306.
Sincerely,
4 , ChaZesWa'kild, P.E.
Division of Water Quality
Enclosures: GC 3900
Certificate of Completion
cc: Mark Walton — Walton Engineering
David Timpy - USACE Wilmington Regulatory Field Office
Jennifer Burdette - DWQ401 Wetlands Unit
Doug Huggett - DCM Morehead City
Jason Dail - DCM Wilmington
WiRO

Area of Proposed
Modification
Proposed fingers and dock end do not exceed the allowable amount
(as outlined in 15A NCAC 07H.1205 (e)
527.9 Square Feet of shaded impact does not exceed the allowable
{ 800 Square Foot Max or the 884 Square Feet as calculated from
the 110.5 Linear feet of Shoreline
Existing dock alignment is perpendicular to pier and
Existing
9 Pier Line �, proposed is 30' to the pier. /
Approximate Edge from Aeri al Photo
Of Federally
Maintained Channel
'CIO� /
Minimum 37' Setback ' Proposed Dredge Area — 2723.5 S.F�
From Federally / ,�` 'r J<<� 0 to — 2'deep MLW = 100.8 C.Y.
Maintained Channe� ooeteaor 9 `g Average have Dredge Depth — 1'
/ +ss ► The dredge area cut will have a 45• taper along the aides
osr /6 from the existing bottom
�" solid blue line down to — 2' MLW, the depth limit of
to Z% a' dredge area (dashed blue line)
cwrkbr 00
1 �$ik� - -- _ Foistingq pilings within Area of Proposed
MUM es ��3:._ Modtfiaction to be removed (8 Co.)
cs
I5"
,� ,
6.19 , 1
I °i,,,, �,, r Property of Gregory P.
�, ••� ro '°�. "' �s, ��/ �`i & Donna L Schmidt
o ` -��' DB 869 PG 19
1`10 4
m$ 5 From MHW Line
a Q0 NNW
Lower Limits of Coastal C I \ \ ' IV
Vegetation /MLW /� / 9 �i , N.
CAMA MHW Line - 17
/t / /
10
Upper Limits of °p \ �/ � 17 0
Coastal Vegetation`- -___ 1 > G�Oh�` /f�\ \�\6
sit 4b / \ \ O`S11,
tea ? //
30' Setback \ +v
From MHW Line
AEC Line
(75' Offset From MHW Line) l �R �, o "� terser MHW LINE
�JF.
100' Offset 10 G Course Bearing Distance
From MHW Una r / cc,,P L27 S 59.13'15" W 16.06'
L3 S 76.28'31" W 19.38'
L4 N 49.54'49" W 14.59'
Property of Paul W. & �� \� LS N 19.23'18" W 28.37'
Susan K. Magnabosco L6 N 85.02'12" w 11.10'
LAND
C
Pvc" Line
41.11
Lot Line
L8
Building Setback —
— — — — —
— SM
96878
Septic Saftck —
— — — — —
—
SPA fence
Slip
L10
Boat
(wet EP or Lift)
�
RKVIN
�zV,0Q 1W
L11
SAV
19.26'
Figure:
L12
Pr°j°d: Stanwick Shores,
22.20'
1
Common Area
L13
S 80.36'50" W
Data:
10111112 Scale: 1.=
a�
L7
S 64.03'26" W
41.11
L8
S 44.25'36" W
21.23'
L9
S 19'50'39" E
26.98'
L10
S 57'25'40" E
15.34'
L11
S 46.21'15" W
19.26'
L12
S 49'36'47" W
22.20'
L13
S 80.36'50" W
32.25'
404 LINE TABLE/
CAMA WETLANDS
Course
Bearing Distance
" , 0 P E P) ?
L 11,4 E
Lt
L2
S 55.39158" W
S 74'34137" W
19.90'
7.45'
a
,,,,ring
Ui:icmce
'
L14
S 65.39128" W
37.42'
= t
,^1,•,`.:' 141 E
j! f�5
L15
S 6811 V30" W
32.47'
' 21
'� 0' ;- " E
'` O''
L16
S 54'39'33" W
58.82'
-2 _
t '0, 3 �,2'`" E
), 7 3' =' F
°' 42'
32
L17
L20
S 86.12'50" W
N 25.00157" W
23.74'
68.32'
i_ -4
1-,5
!
ri 97'.,1 SB' E
25 +C
L28
S 38.10'00" E
23.93'
t ?5
1,1 5S• 3 1' 3P" E
1 %- SY'
0
66d!!!%
25'
50'
100'
Ni
Tie- Proposed Pier and Boat Slip
T��
WALTON ENGiNEERPVG
Modlfications