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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 rq M O m 0 0 0 FU O E3 O M co ri O ry ..0 0 M 0 0 0 N O 0 O 0 m r=I a r3 O ry tr) so a 0 M O O P N O O 0 0 m ra a m a 0 ry For delivery information. visit our website at wwwusps.com'. 1 7 GerNed Mel Fee $3.50 1 80 2 ces& e69 hhedrbarwareop ❑Falun Pad.tpwdceP'A t a ❑Wean PecJpl(eleetmNc) f FoehNrk`, []cBldflad MOY Wsbbled OMwry 6 pnan egr�aenPee,aw t Y�Ie 61OZ vn �Mu1181p�.M Watrkled nataa9' { G !1512014 � Pasha $0.74 1P $7.04 ti \\e Sent :. \f, ifG! ----------..---- Saeoie. !`�.... Z ...................._ _ V .... .. - ......... ........ .. .... ..e-.---------- PS For ni 3800, April 2045 PSNI�02000-2047 See Reverse to, InstructionsJ Postal Domestic Mail Only i� !Y 1`0' L USIE McIIFee $3.50' 0480 $ Sds� 1 F. bac.ddi'weg oWa. WN a ❑Plan Pecaat(aac m { Foe ❑canned MeaWwlclmeesary i Here �PAWt Slpnalua PeaWed i paem BlgnelwePeelrkhd omvdv i Fester° $0.70 �l (� N 03J1ebyi4 e ter. sd v ii 44 s 2 Senf To jc1t �4 �S �� 3t8 i- ------ --------d!' gym; Staie 36rda--"'-__ ._............... F Hes+u RA 3 9Z Foral 3800, Apri 12015 'SN75W,02-000.4e,17 See Reverse for Instructions PostalPS CERTIFIED MAI i?-RECEI PT= Domestic Mail Only ELI(fl 12101P1N1 1�@ Garde Mail Fee $3..510. a 1 ra rvbes s(c/reekew.r, arta tee ❑PeWaPecWM Axd�i t �CaEfied PaeX WePktatl pefiwrY { /4 (y� p�j91p��(gyd�a QAdlil 9l.mtue WPWad { CC C Foswe $4.70Vk ��� b38 X11 s $`i:00 SeMTo ;er ---------------------------------------------------- ------•---•----•----------------------------- -4a We aa�Vl/�-------NG-----JYW "----7['----------------- 11 abo 1v /�D53 '� RECEIVED AUG 2 8 2019 DCM WILMINGTON, NC m 9 A. signature _- ■ Print your name and address on the reverse ° X 11 Agent so that we can return the card to you. ❑ Addressee B. Received by (Printed Name) c. Date of Delivery - ■ Attach this card to the back of the mailpleee, ��^oG•on the front if space permits. - �N N =�C �0 1111 m El El °O a moo 11 (a � Lu D 2 %a %ay o s 0 Or_ CD Adult Signature 11 Adult Si Restricted Delivery i� N 0, o Mehr Coffi9590 ❑ Cedified Mail Restricted Delivery ❑ Return Receipt for E3 urimd.99a m 9_.Article. 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Date of Delivery - ■ Attach this card to the back of the mailpleee, ��^oG•on the front if space permits. - ' "11 Article Addressed to: D. Is delivery address different from item 1? 0 Yes— es 'S C \ a^ w 1 _ C' \A a fr S 00 J T(0 G" If YES, enter delivery address below: L1 No 6� x7 3 o 0 L. S� FyjG' fj WC Z�I 3. Service Type ❑ Priority Mail Express® III III�II IIIA IIII II IIII III I I IIII I I II II I IIII III Adult Signature 11 Adult Si Restricted Delivery WHIT.11 0 Registered 13RRv;stteyred MailRestricted 9402 4782 8344 8619 39 o Mehr Coffi9590 ❑ Cedified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Collect on Delivery Restricted Delivery Merchandise D Signature Confirmation'" 9_.Article. NumF�R _--- _..-.--_r 7 018 113 0 0 0 2 0 3 15 4 nsured Mab D signature Confirmation Insured Mail Restricted Delivery Restricted Delivery — -- "-T— lover $500) 'i PS Form 3$11, JOIy 2015 PSN 7530-02-000-9053 Domestic Return Receipt 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: