13-05 Scheinman, Jon and Danny

1 i4 YYANAO
Permit Class Permit Number
NEW 13-05
STATE OF NORTH CAROLINA
Department of Environment and Natural GQQ�
and
Coastal Resources Commissio
r
'V L L mtt FEB 0 0 ?005
for
X Major Development in an Area ofMEERVEX09 QtYe1DC'fW
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Jon and Danny Scheinman, 4811 Liberty Street, Kansas City, MO 64112
Authorizing development in Dare County at man-made canal off Askins Creek, 2175
Shallow Point Dr., Avon Village , as requested in the permittee's application dated 10/12/04 (MP-1, MP-2�
and 10/7/04 (MP-3), including attached workplan drawings (2), 1 dated 10/11/04 and 1 dated 9/21/04
This permit, issued on January 25 , 2005 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Retaininz Wall
1) The alignment of the authorized retaining wall shall be staked by the permittee in accordance with
the attached workplan drawings and approved by a representative of the Division of Coastal
Management within a maximum of 30 days prior to the start of construction.
2) No excavated or fill material shall be placed at any time, even temporarily, in any vegetated wetlands
or surrounding waters outside of the alignment of the fill area indicated on the attached workplan
drawings.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DENR and the
qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission.
An appeal requires resolution prior to .work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department J ,
personnel when the project is inspected for compliance. V
�,�/ arles S. Jones, Director
Any maintenance work or project modification not covered Q' Division of Coastal Management
hereunder requires further Division approval.
All work must cease when the permit expires on This permit and its conditions are ereby accepted.
December 31, 2008
n issuing this permit, the state of Nortli-C-arolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee

�s-
Jon and Danny Scheinman Permit#13-05
Page 2 of 3
" ID)
ADDITIONAL CONDITIONS
3) The retaining wall shall be constructed prior to any backfilling activities.
4) The retaining wall shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
5) The retaining shall be solid and constructed of treated wood; concrete slabs, metal sheet piles or other
suitable materials approved by department personnel. This.permit does not authorize any excavation
waterward of the approved alignment.
6) All backfill material shall be clean and free of any pollutants except in trace'quantities.
Stormwater Management
7) The Division of Water Quality approval of this project under stormwater management rules of the
Environmental Management Commission is covered by way of Stormwater Permit No. SW7041106,
which was issued on 1/19/05. Any violation of the permit approved by the DWQ shall be considered a
violation of this CAMA permit.
Sedimentation and Erosion Control
8) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
9) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that materials do not enter adjacent wetlands, watercourses or properties (e.g. silt fence, diversion
swales or berms, etc.).
10) A ground cover sufficient to restrain erosion shall be provided within the 30 days of completion of any
phase of grading.
11) The permitted activity shall be conducted in such a manner as to prevent a significant increase in
turbidity outside of the area of construction or construction-related discharge. Increases such that the
turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant.
General
12) In accordance with U.S. Army Corps of Engineers permit requirement, the permittee shall mitigate for
0.031 acres of wetland impacts associated with this project by payment to the N.C. Ecosystem
Enhancement Program (EEP), in an amount, to be determined by the EEP, sufficient to perform 0.060
acres of riparian wetland restoration mitigation in the Tar-Pamlico River basin, (HUC 03020105).
Permitted discharges into wetlands shall begin only after full payment has been made to the EEP, and
the EEP has provided written confirmation to the U.S. Army Corps of Engineers, Wilmington District
Office and the Division of Coastal Management that such payment has been received.
a _

..r
Jon and Danny Scheinman Permit#13-05
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: The permittee is advised to contact the local health department regarding requirements for septic
tank installations (as required under 15A NCAC 18A.1900 et. seq.). For information concerning
septic tank and other on-site waste disposal methods, contact the Dare County Health
Department.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3351 (DWQ Project No. 041823), which was issued on 12/21/04.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project. COE Action Id. No.
200510059.

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
January 26,2005
Jon and Danny Scheinman
4811 Liberty Street
Kansas City,MO 64112
Dear Messrs. Scheinman:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff-
colored form) and the copy. Return the copy to this office in the enclosed envelope. Signing the permit and
proceeding means you have waived your right of appeal described below. Please retain the original(buff-colored
form),as it must be available on site when the project is inspected for compliance.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-
121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty
(20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid
objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation.
The Coastal Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance require
additional approval. Please read your permit carefully prior to starting work and review all project plans, as
approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands
all permit requirements.
From time to time,Department personnel will visit the project site.To facilitate this review,we request that
you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise
concerning permit conditions, environmental safeguards, or problem areas,you may contact Department personnel
at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally
important coastal resources.
Sincerely,
V,
Douglas V.Huggett
Major Permits and Consistency Manager
Enclosure
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] FAX: [phone] Internet: hfp://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Jon and Danny Scheinman
2. LOCATION OF PROJECT SITE: 42175 Shallow Point Drive, adjacent to a man-made canal off of
Askins Creek, tributary to the Pamlico Sound, Askins Creek Subdivision, Avon Village, Hatteras
Island, Dare County
Photo Index - 2000: 174-2038 (K-14); 1995: 174-1781 (K-8)
State Plane Coordinates - X: 3040600 Y: 591400 Buxton Qua
p§
3. INVESTIGATION TYPE: CAMA / D & F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit: November 2, 2004 NOV 0 9 2004
Was Applicant Present - Yes Morehead City DCM
5. PROCESSING PROCEDURE: Application Received Complete - October 15, 2004
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Coastal Shoreline /Estuarine Shoreline
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - vacant lot; Planned - septic tank drain field
(F) Type of Structures: Existing - vacant lot; Planned - SFR and retaining wall
(G) Estimated Annual Rate of Erosion: None / NA
Source - Applicant
7. . HABITAT IMPACT DESCRIPTION: [AREA]
EXCAVATED FILLED DISTURBED
(A) Freshwater Wetlands 1347 sq. ft.
(B) Upland / Coastal Shoreline 5158 sq. ft.
(C) Total Area Disturbed: 6505 sq. ft. (.15 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA; closed to shellfish harvest
8. PROJECT SUMMARY: This project involves the construction of a retaining wall, associated fill within
US Army Corps of Engineers (USACOE)jurisdictional wetlands near a man-made canal to the Pamlico
Sound on Hatteras Island, in Avon, Dare County. In conjunction with this fill activity, the applicants also
propose to construct a single-family residence within a majority the proposed fill area.

Jon and Danny Scheinman, Dare County
FIELD INVESTIGATION REPORT
Page 2
Project Setting
The application site is located on Hatteras Island at lot 2, 42175 Shallow Point Drive, in the Askins
Creek Subdivision, in Avon Village, Dare County. The subdivision is an existing development located
between NC 12 and Askins Creek in Avon. The site is a 17,670-square foot lot, with approximately 100
feet of shoreline along a man-made canal that connects to the Pamlico Sound. Jon and Danny Scheinman
are the owners of this property and they plan to construct a single-family residence (SFR) on this
property. A small dock is located on the adjacent lot to the south.
This lot has a gentle slope toward the canal with a maximum elevation of 4 feet above the normal water
level (NWL). The upland portions of the property are vegetated in mostly upland grasses. The soils on
this lot are sandy with organic-hydric type soils, becoming more pronounced as one approaches the
shoreline. 9,574 square feet of the lot is vegetated in a predominately Phragmites spp., Spartina patens
and Juncus roemerianus wetland fringe. The two Coastal Wetland species do not receive the required
regular or occasional flooding for this area, due to a higher elevation, to constitute a Coastal Wetland
AEC. Most of this fringe consists of USACOE jurisdictional wetlands. A Corps representative
confirmed the USACOE-404 wetland areas on August 12, 2004. Other wetland plant species include Iva
frutescens, Borrichia frutescens, Baccharis halimifolia, as well as Toxicodendron radicans and Myrica
cerifera.
Askins Creek is a small coastal creek that connects to the Pamlico Sound. These waters carry the same
water classification as the Pamlico Sound. The North Carolina Environmental Management Commission
has designated these waters as `SA' waters (suitable for shellfish propagation and harvesting); however,
the waters in this vicinity are closed to the commercial harvest of shellfish. During the site investigation
visits, no shellfish were observed along the water bottom in the vicinity of this project.
The Coastal Resources Commission (CRC) has also designated these waters as Public Trust Area and
Estuarine Water Areas of Environmental Concern (AEC). In addition, under the designation of the
CRC, the Coastal Shoreline AEC extends in a contour of 75 feet landward of the NWL. The CRC has
also designated coastal wetland vegetated areas, like the one described above, as a Coastal Wetland
AEC. The North Carolina Marine Fisheries and Wildlife Resources Commissions classify the waters of
the Pamlico Sound as Coastal Waters.
Project Description
The applicants propose to construct a three-story, SFR on the described lot. The entire structure will be
entirely within the 75-foot Estuarine Shoreline AEC. The proposed SFR will be setback 30 feet landward
of the shoreline. The SFR will be serviced with a conventional septic tank and drain field. In order to
meet the required distance separation between the existing wetlands and a septic system, the applicant
has requested permit authorization to fill 1,347 square feet of USACOE jurisdictional wetlands,
consisting of Spartina patens, Phragmites spp., and Myrica cerifera. A retaining wall of 84.5 feet will
first be constructed between the proposed fill area and the remaining adjacent wetlands. The backfill will
come from a clean upland source.

1
Jon and Danny Scheinman, Dare County !
FIELD INVESTIGATION REPORT
Page 3 NOV U 9 2004
Morehead City DCM
The applicants have initiated the NCEEP process as mitigation for the proposed non-coastal wetland fill.
Anticipated Impacts
This proposal will result in the following coastal type impacts:
• The filling and associated loss of 1,347 square feet of 404-wetlands. These wetlands appear to
have been prior disturbed, as evidenced by the Phragmites vegetation.
• A total site disturbance of 6,505 square feet, mostly within the Estuarine Shoreline.
• 1,467 square feet of new impervious surfaces within the Estuarine Shoreline (12.1
Submitted by: Dennis W. Hawthorn
Date: November 4, 2004

Form DCM-MP-1
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
1. APPLICANT
e. Name of body of water nearest project (e.g. river,
a. Landowner: creek,sound,bay) Askins Creek
Name: Jon Scheinman and Danny Scheinman
Address: 3901 Liberty St. 3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
City Kansas City State MO
Zip 64112 Day Phone [phone] a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
Fax: [phone] excavation and/or filling activities.
Fill 1347 SF 404 wetlands to attain septic setbacks, ,
b. Authorized Agent: Construct 84.5 LF Wooden Retaining Wall,
Construction of single family dwelling,decks, concrete
Name Environmental Professionals,Inc. driveway and septic system.
b. Is the proposed activity maintenance of an existing
Address PO Box 3368 project,new work,or both? New
City Kill Devil Hills State NC c. Will the project be for public, private or commercial
use? Private
Zip 27948 Day Phone [phone] d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed project.
Fax [phone] If more space is needed,please attach additional pages.
See Narrative
c. Project name(if any) None
4. LAND AND WATER
CHARACTERISTICS
NOTE: Permit will be issued in name of landowner(s), and/or
project name. a. Size of entire tract 0.41 acres 17,670.58 SF
b. Size of individual lot(s) N/A
2. LOCATION OF PROPOSED
c. Approximate elevation of tract above MHW dcl`1WI
PROJECT 0-4 ft
a. County Dare d. Soil type(s)and texture(s)of tract
Sand
b. City,town,community or landmark e. Vegetation on tract juniperus virginiana,Phrag rites
Avon autralis, Iva frutescens, Toxicodendron radicans,
Spartina patens, Myrica cerifera,Althaea ofcinalis,
c. Street address or secondary road number Juncus roemerianus, Baccharis halimifolia
42175 Shallow Point Drive

CAMA MAJOR NARRATIVE
NOV 0 9 ?004
Jon Scheinman and Danny Scheinman `
42175 Shallow Point Drive Morehead City ACM
Avon,NC
The site is currently vacant and all proposed amenities per the plat will have to be constructed.
Pg.&Po5F.0
Thevs tic system has been placed as far landward of the 1347 SF of 404 wetland fill will be required to
attain a system
septic setbacks. A conventional septic system has been proposed in anticipation that the
Dare CordN Health Department may place a moratorium on the approval of peat based biofiltration septic
systems in th near future. This site layout as shown,was based upon a site plan by Freddy D.Rankin,
PLS. The septa system as shown is proposed in the most suitable soils on the site,to attain the highest
loading rate to m 'mize septic system size. The proposed location will place the septic system as far
landward as possib from the NWL and wetlands to attempt minimize wetland impacts to only that
necessary to attain ad uate setbacks for the septic system. The 1347 SF of wetland fill will allow for this
system and home to be nstructed.
An 84.5 LF Wooden Retain' g wall will be constructed along the edge of the fill area,tying into
highground on both sides of th fill area. This retaining wall and filter cloth landward of this wall will
serve to prevent inadvertent fill ' etlands and to force stormwater runoff to infiltrate 1 ward of this
retaining wall.
The applicant is willing to mitigate for the w nd impacts by in-lieu payme o the NCEEP.
The NCEEP has been contacted to and requested to p vide the Schei ns with a letter stating that they
will accept payment for these impacts.
Proposed Activities
Fill 1347 SF 404 wetlands
Construct 84.5 LF wooden retaining wall to c ain fill and' filtrate stormwater
Construct single family residence with asso ' ted wood decks d stairs
Construct septic system
Construct concrete driveway(total of 6.8 SF)
Total Disturbed Area: 650 SF
Total Wetland Impacts: 1 47 SF Impacted by earthen fill
Total Area within 75 ft AEC: ,126.86 SF
Impervious Area within the 75 AEC: 1124.4 SF House
315.0 SF wooden decks and stairs
27.8 SF concrete
1,467 SF Total 12.1 %
Environmental Professionals, Inc.
Kendall Turnage
9/03/04

Form DCM-MP-1 '1 �
6v
-NOV 09W4
e. Man-made features now on tract: Power pole, water • A co of the
lines survey markers PY (�', , ,eP� n only)or other
instrument under-w m h 1 to the
g. What is the CAMA Land Use Plan land classification affected properties. If the applicant is not claiming to be
of the site?(Consult the local land use plan) the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
Conservation Transitional title,plus written permission from the owner to carry out
Developed Community the project.
Rural X Other
(Limited transition) • An accurate,dated work plat(including plan view and
h. How is the tract zoned by local government? cross-sectional drawings)drawn to scale in black ink on
Residential an 8 1/2" by 11" white paper. (Refer to Coastal
Resources Commission Rule 710203 for a detailed
i. Is the proposed project consistent with the applicable description.)
zoning? X Yes No
(Attach zoning compliance certificate, if applicable) Please note that original drawings are preferred and only
high quality copies will be accepted. Blue-line prints or
j. Has a professional archaeological assessment been other larger plats are acceptable only if an adequate
done for the tract? Yes X No number of quality copies are provided by applicant.
If yes,by whom? (Contact the U.S. Army Corps of Engineers regarding
that agency's use of larger drawings.) A site or location
k. Is the project located in a National Registered Historic map is a part of plat requirements and it must be
District or does it involve a National Register listed or sufficiently detailed to guide agency personnel
eligible property? unfamiliar with the area to the site. Include highway or
Yes X No secondary road(SR)numbers, landmarks,and the like.
1. Are there wetlands on the site? X Yes No
OA Stormwater Certification, if one is necessary.
_
Coastal(marsh) X Other X •A list of the names and complete addresses of the
If yes,has a delineation been conducted? Yes adjacent waterfront(riparian) landowners and signed
(Attach documentation, ifavailable)USACE approval attached return receipts as proof that such owners have
received a copy of the application and plats b,
in. Describe existing wastewater treatment facilities. certified mail. Such landowners must be advised that
None existing, Proposed system shown on plat they have 30 days in which to submit comments on the
proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
n. Describe location and type of discharges to waters of further certifies that such notice has been provided.,
the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash Name Paley-Midgett Company L.L.C.
down" and residential discharges.) surface runoff Address Po Box 506 Hatteras NC 27943
directed to stormwater basin, wastewater field as Phone
shown
Name Ronald J.Matlock Jr.
Address 3233 E.Briarwood Terrace,Phoenix AZ 85048-7844
o. Describe existing drinking water supply source. Phone
Dare County Water system,RO Derived
• A list of previous state or federal permits issued for
5. ADDITIONAL INFORMATION work on the project tract. Include permit numbers,
permittee,and issuing dates.
In addition to the completed application form,the following
items must be submitted:

Form DCM-MP-1
• A check for $250 made payable to the Department of DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
Environment, Health, and Natural Resources (DEHNR)
to cover the costs of processing the application. DCM MP-6 Marina Development
NOTE. Please sign and date each attachment in the space
• A signed AEC hazard notice for projects in oceanfront provided at the bottom of each form.
and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act(N.C.G.S. 113A- 1 to 10) If
the project involves the expenditure of public funds or
use of public lands, attach a statement documenting
compliance with the North Carolina Environmental
Policy Act.
6. 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 conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
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.
This is the /2 day of ,2004.
Print Name 1�,e
Signature
�ende�v+ver_or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2 Excavation and Fill Information
X DCM MP-3 Upland Development

Form DCM-MP-2
� �C,
EXCAVATION NOV q
P- 2004
MOrehead City;DCM
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA 1. EXCAVATION
Major Permit, Form DCM-MP-1. Be sure to
complete all other sections of the Joint Application a. Amount of material to be excavated from below
that relate to this proposed project. MHW or NWL in cubic yards N/A
Describe below the purpose of proposed excavation b. Type of material to be excavated N/A
or fill activities. All values to be given in feet.
Average Final c. Does the area to be excavated include coastal
Existing Project wetlands? Yes No N/A
Length Width Depth Depth
Access d. Highground excavation in cubic yards N/A
channel
(MLW) or N/A ----- ----_ ---_--
(NWT") 2. DISPOSAL OF EXCAVATED
Canal MATERIAL
N/A ---- ------- -------
a. Location of disposal area N/A
Boat
basin N/A ------- --- ----
b. Dimensions of disposal area N/A
Boat
ramp N/A ----- ------ - c. Do you claim title to disposal area? N/A
Yes No
Rock If no, attach a letter granting permission from the
groin N/A ------ ------- ----- owner.
d. Will a disposal area be available for future
Rock(rip rap)breakwater N/A Maintenance? Yes No N/A
--- ------ ------ If yes, where? N/A
Other See plat See plat
404 wetland fill
1347 SF odd shape +1.5 +5.5
area
Revised 03/95

Form DCM-MP-2
e. Does the disposal area include any coastal X Yes No
wetlands(marsh), SAVs or other wetlands? N/A If yes
Yes X No (1) Amount of material to be placed in the
water None
f. Does the disposal include any area in the water? (2) Dimensions of fill area Odd shaped 1347 SF
Yes X No N/A Area (See Plat)
(3)Purpose of fill Allow for the septic system
3. SHORELINE STABILIZATION N/A to meet required setbacks from wetlands
***See Retaining Wall in Section 4
a. Type of shoreline stabilization N/A b. Will fill material be placed in coastal wetlands
N/A Bulkhead N/A Riprap (marsh), SAVs or other wetlands?
X Yes No
b. Length N/A (404 wetlands only)
--Coastal wetlands not impacted
--An 84.5 LF Retaining Wall will be constructed to
c. Average distance waterward of MHW or NWL contain this fill material and to force stormwater to
N/A infiltrate
d. Maximum distance waterward of MHW or NWL 5. GENERAL
N/A
a. How will excavated fill material be kept on site
e. Shoreline erosion during preceding 12 months and erosion controlled?
N/A No excavated material
(Source of
information)
b. What type of construction equipment will be
f. Type of bulkhead or riprap material used (for example, dragline, backhoe, or
N/A hydraulic dredge)?
Dump truck and front end loader
g. Amount of fill in cubic yards to be placed below Silt fence will prevent inadertant fill in adjacent
water level wetlands
(1) Riprap N/A
(2) Bulkhead fill N/A c. Will wetlands be crossed in transporting
Equipment X Yes No
h. Type of fill material N/A If yes, explain steps that will be taken to lessen
Environmental impacts.
The wetlands crossed are also to be filled
I. Source of fill material N/A
4. OTHER FILL ACTIVITIES Jon Scheinman and Danny Scheinman
(Excluding Shoreline Stabilization) Applicant or Project Name
a. Will fill material be brought to site? Signature
Date
Revised 03/95

Form DCM-MP-3
UPLAND NOV Q 8 2004
DEVELOPMENT Forehead City DCM
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit, If yes,date submitted
Form DCM-MP-1. Be sure to complete all other sections of
the Joint Application that relate to this proposed project. i. Describe proposed method of sewage disposal.
a. Type and number of buildings, facilities,units or structures Conventional type system proposed
proposed.
Construction of a single family residence,concrete driveway j. Have the facilities described in Item i. above received
and septic system.
State or local approval? No
(Attach appropriate documentation)
b. Number of lots or parcels 1 k. Describe location and type of proposed discharges to
waters of the state(for example, surface runoff,sanitary
wastewater, industrial/commercial effluent, "wash down"
c. Density(give the number of residential units and the units and residential discharges).
per acre) 1 per 0.41 acres surface runoff
d. Size of area to be graded;filled or disturbed including
roads, ditches,etc. 1347 SF wetlands filled to attain 1. Describe proposed drinking water supply source
septic setbacks, 5158 SF additional (e.g.well, community,public system, etc.)
disturbance in uplands Dare County Water System,RO derived water
e. If the proposed project will disturb more than one acre of m. Will water be impounded? _ Yes X No
land,the Division of Land Resources must receive an If yes,how many acres? N/A
erosion and sedimentation control plan at least 30 days
before land disturbing activity begins. If applicable,has a n. If the project is an oceanfront development,when was the
sedimentation and erosion control plan been submitted to lot(s) platted and recorded?
the Division of Land Resources? _ Yes X No
If Yes,date submitted N/A LESS THAN ONE ACRE N/A
f. List the materials(such as marl,paver stone,asphalt,or
or concrete)to be used for paved surfaces. Jon Scheinman and Danny Scheinman
Applicant or Project Name
Concrete driveway
g. Give the percentage of the tract within 75 feet of MHW or Signature
NWL, or within 575 feet in the case of an Outstanding Cc tea.
Resource Water,to be covered by impervious and/or built- Date
upon surfaces,such as pavement,buildings,rooftops,or to
be used for vehicular driveways or parking. 12.1 %
h. Projects that require a CAMA Major Development Permit
may also require a Stormwater Certification. Has a site
development plan been submitted to the Division of
Environmental Management for review?
Yes X No

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Actiun Id. 200411628 County: Dare U.S.G.S.Quad: Buxton
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Jon L.Sceinman
Address: 3901 Rainbow Road
Kansas City, Kansas 66160-7330
Telephone No.: 913-588-6031
Size and location of property(waterbody,road name/number,town,etc.) Lot 20 contains 0.41 acres located on Shallow
Point Drive in Askin's Creek Subdivision adjacent to Askin's Creek,Avon,Dare County,North Carolina. PIN#
054917000765.
Indicate Which of the Following Apply:
Based on preliminary information,there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army(DA)jurisdiction. To be considered final,a
jurisdictional determination must be verif d by the Corps.
X There are wetlands on the above described prop subject to the permit requirements of Section of the Clean Water
Act(CWA)(33 USC§ 1344). Unless there is a ch ge in the law or our published regulations is determination may be
relied upon for a period not to exceed five years from he date of this notification.
We strongly suggest you have the wetlands on your pr erty delineated. Due to a size of your property and/or our
present workload,the Corps may not be able to accomplish is wetland delinea ' n in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be consi red final,an elineation must be verified by the Corps.
_ The wetland on your property have been delineated and the del' a ' n has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion,this ey should be reviewed and verified by the Corps.
Once verified,this survey will provide an accurate depiction of areas ub'ect to CWA jurisdiction on your property
which,provided there is no change in the law or our publishe egulations, y be relied upon for a period not to exceed
five years.
X The wetlands have been delineated and surveyed a are accurately depicted the plat signed by the Corps
Regulatory Official identified below on 8/12/2004. rrless there is a change in the w or our published regulations,this
determination may be relied upon for a period not o exceed five years from the date o this notification.
i
There are no waters of the U.S.,to include w9tfa/nds,present on the above described prope which are subject to the
permit requirements of Section 404 of the dean Water Act(33 USC 1344). Unless there is change in the law or our
published regulations,this determinatio /na y be relied upon for a period not to exceed five ye s from the date of this
notification. /�
X The property is located in one of the 2.0 Coastal Counties subject to regulation under the Coastal Are anagement Act
(CAMA). You should contact the Division of Coastal Management in Elizabeth City,NC, at(252)2643901 to determine
their requirements.
Remarks:
l �w•�.Corps Regulatory Official:
Date 08/12/2004 Expiration Date 08/12/2009
Page 1 of 2

75 ft AEC
I
30 ft Estuarine
Shoreline Buffer�l
s al es ,
Filter
Cloth '
Wooden iy
Retaining
Wall ' - Concrete Driveway
PROPOSED- FILL 'AREA '
NW _ ` 404 wetlands I UPLANDS Reference Elevation NWL 0.0 ft
Coastal I Deadman
wetlands
I
Cross Section
Jon Scheinman and Danny Scheinman
CAMA Major Application
Scale 1"=15 ft
Drawn KT Date: 10/11/04
Environmental Professionals Inc.
Cross section based on site plan prepared
by Freddy D.Rankin PLS

11/04/2004^_-13:17 2524410721 ENVIRONMENTAL PROFES PAGE 02
ff�
November 4,2004
�IVVI�N s NOV 0 9 2004
R0 ���
PLANNING FOR Marsh®ad C(ty M
A BETTER
ENVIRONMEN7"NC Ecosystem cement Program
1619 Mail Service ter
Raleigh,NC 27699-
U:Jou Scheinman and D y Scheinman,In Lieu Payment Request for Mitigation
To Whom It May Concern:
Our clients Jon Scheinman and Scheinman are applying for a Major permit that it ludes
1347 SF•(0.031 acres)of wetland fill riparian wetlands in A C are is requesting in lieu 0 yment for
wetland impacts associated with their p 'ect in Avon,NC. Th y Corps of Engineers and Division
of Water Quality will require the Sche' s to purchase a um of.062 acres of riparian w land
mitigation from your office(a minimum of 2:1 ratio for wetland impacts is required).
Please provide Environmental Professionals In wi a response that the NCEEP is willing to a pt
payment to meet the mitigation requirements.Pl a provide instructions for the payment proce9ii as well.
Please do not hesitate to call us if you have qua
Sincerely
Environmental Professi
Kendall Turnage
I
Cc: Ile s Hawthorn,NC Divis m;of Coaatal Management
I
i
I
1
I
P. O . BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948-336 • 252-441 -0239
FAX : [phone] e EMAIL : environmentalpro® earthI nk . net

SEP 25,2004 09:01 Danny Scheinman 6108251709 Page 2
LO!_1 E(AeI LA-1•9:. ON. Pic 93
Nov g ?004
"O"B"Oaq City )C
M
I hureby authonrc Faivironmental Profes.sic)uals. I11c. to apply for a C.'AhtA Major per:ni,
anal provida itticsrmatian un n"y hchnlf for the property al 41175 Shallow POWT Dr-vc to
^nn W N, t
si t
Authnrity or title
Date

ENVIRONMENTAL
PROFESSIONALS
PLANNING FOR October 7,2004 CERTIFIED MAIL
A BETTER RETURN RECEIPT REQEUSTED
ENVIRONMENT
Ronald J.Matlock
3233 E.Briarwood Terrace
Phoenix AZ 85048-7844
Re: Jon Scheinman and Danny Scheinman CAMA Major Application
42175 Shallow Point Drive,Avon,NC
Dear Mr.Matlock,
This correspondence is to notify you as a riparian property owner Jon Scheinman and Danny Scheinman
are applying for a CAMA Major permit to construct a single family residence and essential amenities;on
their property north of your property. In order to attain septic setbacks to construct the septic system they
will need to fill 1347 Square Feet of 404 Army Corps jurisdictional wetlands. The application and
drawing are included for your review.
If you have no objection to the proposed activity,please mark the appropriate statement below and return to
Environmental Professionals,Inc as soon as possible. If no comments are received within thirty(30)days
of receipt of this notice, it will be considered that you have no comments to this project.
If you have objections or comments,please mark the appropriate statement below and send comments to
within thirty(30)days to the North Carolina Division of Coastal Management.
If you have questions about the project,please do not hesitate to call me at 252-441-0239 or the NC
Division of Coastal Management.
Sincerely,
Kendall Turnage
I have no objection to the project described in this correspondence.
I have objection to the project described in this correspondence.
SIGNATURE DATE
P. O . BOX 3368 • KILL DEVIL HILLS , NORTHyCAROLINNAA 27948 - 3368 252 -441 - 023 ,
FAX : 252 - 441 - 0721 • EMAIL : environmentalpro ® earthIink . net

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
A) APPLICANT: Jon and Danny Scheinman County: Dare
LOCATION OF PROJECT: 42175 Shallow Point Drive,Askins Creek Subdivisi
DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 10/15/04
FIELD RECOMMENDATION: Attached: YES To Be Forwarded: NO NOV 0 9 2004
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
FIELD REPRESENTATIVE: Dennis Hawthorn DISTRICT OFFICE: Eliad City DCM
DISTRICT MANAGER REVIEW: Ted Sampson, 11/05/04
B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D: $400
PUBLIC NOTICE REC'D: END OF NOTICE DATE: %L o 1e
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D:
APPLICATION ASSIGNED TO: kk466c 1— ON: //ICE
C) 75 DAY DEADLINE: 150 DAY DEADLINE:
MAIL OUT DATE: STATE DUE DATE:
FEDERAL DUE DATE: ( Z�Z`�`' FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY DATE COMMENTS OBJECTIONS: NOTES
RETURNED YES NO
Coastal Management- Regional Representative 2101v4
Coastal Management-LUP Consistency ('L-1-2yvy
Division of Community Assistance
Land Quality Section
Division of Water Quality
Storm Water Management(DWQ)
State Property Office
Division of Archives&History
Division of Environmental Health L/
Division of Highways Z
Wildlife Resources Commission I L�(
Division. of Water Resources
Division of Marine Fisheries fL1
Submerged Lands(DMF)

Permit#
DCM Coordinator:
MAILING DISTRIBUTION:
Agen Cn ✓`<v�rung� �ro�sw�+�s✓
DCM Field Offices: v*- 3-3�S,-'
Elizabeth City K, /I O P l�Ss Z 7 f�
Morehead Cityy/
Washington
Wilmington
US Army Corps of Engineers(USACE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCD T)
Raleigh Bland
Wilmington: Dave Timpy(NCDOT)
Henry Wicker
Others:
Cultural Resources: Renee Gledhill-Earl}k
Environmental Health: Terry Pierce��
Marine Fisheries: Mike Street
NCDOT: Ken Pace Lr/
Shellfish Sanitation: Patty Fowler 4�
State Property Office: Joseph Henderson`ram
Water Quality: Cyndi Karoly(for non-DOT)A::�,�
John Hennessy(NCDOT)
Water Resources: John Sutherland,
Wildlife Resources: Maria Tripp
Bennett Wynne Le/
David Cox(NCDOT)
Travis Wilson(NCDOT).
LPO:
FAXING DISTRIBUTION:
gent at Z �� Ll L r 07 tV
DCM Field Offices:
Elizabeth City(252/264-3723)
Morehead City(252/247-3330)
Washington(252/948-0478)
Wilmington(910/350-2004)
US Army Corps of Engineers(USACE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland(252/975-1399)
Wilmington: Dave Timpy(NCDOT)
Henry Wicker(910/251-4025)
CAMA Major Permit Process Manual Page 70 of 70

FROM :EPI FAX NO. :252 441 0721 Jan. 22 2005 02:14PM P2
hid"P.Euley,00vamor
Oa QG William Q.Roes Jr.,9doctaty
North Carolina Del+a*tmwit of F1lvrromnent and Nataral Resottrcop
-f Alva W.Klimek,P.E.DirwW
p -< Diviraon of Wat-QIWitY
DIVISION OF WATER QUALITY �� � �
January 19, 2005
Environmental Professionals, Inc JAN
A.ttn: Mr. Kendall Turnage -
PO Box 3368 ......
Kill Devil Hills, NC 27948 -- -"'"' -
Subject: CAMA/Stormwater Review
SW7041106
Scheinman Residential Site
Dare County
Dear Mr. Turnage:
The Washington Regional Office received additional information
regarding the subject project on :January 18, 2005. After .r.evicwing
this information, it has been determined that 5tormwater runoff
from youJ- project should not pose any significant threat to the
adjacent surface waters. The Director has determined that projects
that are reviewed and approved by the Division as not posing water
gU,ali_ty threats from, stormwater runoff should not be subject to the
stormwater management permitting requirements of 15A NCAC 2H.1000.
For this reason, we are informing you by way of this letter that
your project will not require a stormwater management permit.
Please keep in mind that this determination does not affect
your legal requirements to obtain other permits which may be
required by the TAvision of Water Quality, the pivision of Land
Resourceii, Coastal Area Management Act or any other Federal, State
or. Vocal Government. In addition, any future modifications to the
project will require additional. review from this office to assure
that stor-mwater impacts are not an issue.
If you have any questions or need additional information
concerning this matter, please contact me at (252) 948-3919.
Sir@lyr ,
William J. bore
Environmental Engineer
Washington Regional Office
cc: Doug Ht>ggett, DCM - Forehead City
Washington Regional Office
North Carolina Division oflVator Quality frroemet: h2o,enr.alowncm
1611 Mail StrAw Ca for Phone: 9t"33-'7015 Y►T"'� /+�,O p
Ralaig.NC 27699-1617 FAX [phone] 1�1 l..
An Equal OpporMity/Alfirmabue Action Employer�-50%Recycmm0%Poet Oonaww Paper atural

o�C)F W A T�RQG Michael F.Easley,Governor
W illiam G.Ross Jr.,Secretary
C -7 North Carolina Department of Environment and Natural Resources
Alan W.Klimek,P.E.Director
Division of Water Quality
December 21, 2004
DWQ Project#04-1823
Dare County
Jon and Danny Scheinman
3901 Liberty St.
Kansas City,MO, 64112
Subject Property: 42175 Shallow Point Drive,Askins Creek Subdivision,Hatteras Island
Askins Creek
Approval of 401 Water Quality Certification (GC3351) with Additional Conditions
Dear Messrs. Scheinman:
You have our approval,in accordance with the attached conditions,to place fill material within or
otherwise impact 0.031 acres of waters to construct a retaining wall and residential fill as described in
your application received by the Division of Water Quality(DWQ)Wetlands/401 Unit on November 1.0,
2004. After reviewing your application, we have determined that the Division of Water Quality(DWQ)
General Water Quality Certification Number 3351 covers these water impacts. This Certification allows
you to General Permit No. 198000291 when issued by the US Army Corps of Engineers(USAGE). In
addition, you should get or otherwise comply with any other federal, state and local requirements before
you go ahead with your project including(but not limited to)erosion and sediment control regulations
and CAMA. 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 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 below.
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:
Amount Approved Plan Location or Reference
(Units)
404/LAMA Wetlands 0.031 (acres) DCM Staff Report
No a hCarolina
401 Wetlands Certification Unit Naturally
1650 Mail Service Center,Raleigh,North Carolina 27699-1650
2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604
Phone: [phone]/FAX [phone]/Internet:htt�://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer—509/6 Recycled/10%Post Consumer Paper

Jon and Danny Scheinman
Page 2 of 2
December 21,2004
2. 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.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality
Certification(GC)3351.
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.
If you do not accept any of the conditions of this Certification(associated with the approved water
impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you
receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
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 Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Tom Steffens in the DWQ Washington Regional Office at 252-946-6481.
Sincerely,
Alan W. Klimek,P.E.
AWKlcbk
RECEIVE®
Enclosures: GC 3351
Certification of Completion DEC 3 0 2004
cc: Kendall Turnage,P.O. Box 3368,Kill Devil Hills,NC,27948 DIV.Cf C()Agg.ti�w'4`GEMENT
Doug Huggett,DCM ► RALEIGH
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
File Copy
Central Files
Filename: 041823 Scheinman(Dare)401

Re: Major app for Jon Scheinman
Subject: Re:Major app for Jon Scheinman
From:Bill Moore<[e-mail]>
Date:Fri, 14 Jan 2005 14:26:39-0500
To: Doug Huggett<[e-mail]>
CC: [e-mail]
Doug Huggett wrote:
Hi Bill, hope all is going well. I just wanted to check with you on the status of a project currently
undergoing Major Permit review. It is for Jon Scheinman, on Hatteras Island in Dare County. Mr.
Scheinman is proposing to build a single family residence. Have you had a chance to look at this one
yet? If so, will there be a SWMP required? If you could let me know where we stand on this, I would
appreciate it.
Thanks
Doug
i
Good Afternoon Doug,
I spoke with Kendall Turnage this week about this project. DWQ issued a stormwater permit for Askins
Creek Subdivision in 2003. However, after reviewing the CAMA Major, it does not appear that Lot 20, Jon
& Danny Scheinman, was part of this stormwater permit. Kendall thinks this lot is part of a older
section, maybe platted before our sw rule, Jan 88. He is trying to chase down the details and will get
back with me next week. I will let you know as soon as I get his follow up info.
1 of 1 1/23/2005 1:16 PM

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT,CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O.Box 1000
Washington,North Carolina 27889 1000
IN REPLY REFER TO
January 10, 2005
Regulatory Division nar ,
Action ID No. 200510059
JAN 12 2005
Morehead City DCM
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
Hestron Plaza II, 151-B Highway 24
Morehead City, North Carolina 28557
Dear Mr. Huggett:
Reference the application of Jon Scheinman for a Department of the Army permit to place
fill material within wetlands and construct a retaining wall and a residence, on property located at
42175 Shallow Point Drive, adjacent to Askins Creek, in Avon, Dare County, North Carolina.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
permit plans, which are a part of this permit.
2. All backfill materials will be obtained from a highground source and confined landward
of the permitted retaining wall.
3. No vegetated wetlands will be excavated or filled outside of the authorized area.
4. The Permittee shall mitigate for 0.031 acre of wetland impacts associated with this
project by payment to the North Carolina Ecosystem Enhancement Program (NCEEP) in an
amount determined by the NCEEP sufficient to perform 0.060 acre of riparian wetland
restoration mitigation in the Tar-Pamlico River basin (HUC 03020105). Discharge into wetlands
on permitted projects shall begin only after the Permittee has made full payment to the NCEEP,

-2-
and the NCEEP has made written confirmation to the District Engineer, that it has received
payment and agrees to accept responsibility for the mitigation work required, pursuant to
Paragraph IV.D of the Memorandum of Understanding between the North Carolina Department
of Environment and Natural Resources and the U.S. Army Corps of Engineers,Wilmington
District, dated November 4, 1998.
5. The temporary placement or double handling of excavated or fill materials within waters
or vegetated wetlands are not authorized.
6. The fill material will be clean and free of any pollutants except in trace quantities. Metal
products, organic materials, or unsightly debris will not be used.
7. The permittee will maintain the authorized work in good condition and in conformance
with the terms and conditions of this permit. The permittee is not relieved of this requirement if
he abandons the permitted activity without having it transferred to a third party.
Questions or comments may be addressed to Mr. Raleigh Bland,Washington Field Office,
Regulatory Division,telephone[phone], extension 23.
Sincerely,
04M
Raleigh Bland, P.W.S.
Regulatory Project Manager
Copies Furnished:
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650

• ,
-3-
Mr. Pete Benjamin
U.S.Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh,North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort,North Carolina 28516
Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Ted Sampson, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 US 17 South
Elizabeth City,North Carolina 27909

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
January 06, 2005
Mr. Jon and Danny Scheinman
3901 Liberty Street
Kansas City, MO 64112
Dear Messrs. Scheinman:
This letter is with reference to your application for a Coastal Area Management Act
Major Development permit to replace an existing commercial structure waterward of the normal
high water line, replace existing docking facilities, dredge an existing boat basin, and refurbish
an existing parking area in Brunswick County at Lot 16 Riverview Drive, Calabash, NC
Although processing of the application is nearing completion, additional time is needed
for this office to complete the review and make a decision on your request. Therefore, it is
necessary that the standard review time be extended. An additional 75 days is provided by G.S.
113A-122(c) which would make March 14, 2005 the new deadline for reaching a decision on
your request. However, we expect to take action prior to that time and will do so as soon as
possible. In the interim, if you have any question on the status of your application, do not
hesitate to contact me by phone [phone]) or e-mail ([e-mail]).
Very sincerely,
V. k
D%og Huggett i
Major Permits & Consistency Coordinator
cc: DCM, Elizabeth City
DCM, Morehead City
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www,nccoastalmanagement.net
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FqCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
MEMORANDUM
TO: Doug Huggett, DCM Major Permit Coordinator
FROM: Charlan Owens; �AAlCP, NE DCM District Planner
Through: Ted Sampson, NE DCM District Manager
SUBJECT: Major Permit Request by Jon and Danny Scheinman to install 84.5 linear feet of
retaining wall and fill 1,347 square feet of freshwater wetland at 42175 Shallow
Point Drive, adjacent to a man-made canal off of Askin's Creek, tributary to the
Pamlico Sound, West of NC 12 in the Askin's Creek Subdivision, Avon, Dare
County.
DATE: November 30, 2004
Consistency Determination: The request is consistent with/not in conflict with the Dare
County 2003 Land Use Plan certified by the CRC on July 24,
2003.
Overview: The project is located on a 17,670 sq. ft. vacant waterfront lot with approximately
100 feet of shoreline along a man-made canal that connects to the Pamlico Sound. A 9,574 sq.
ft. fringe wetland consisting primarily of Section 404 freshwater wetlands with minimal coastal
wetland species is located on the lot adjacent to the canal.
A single-family house will be constructed on the lot and a septic system will be installed. The
house will be setback 30 feet landward of the shoreline and will be located entirely within the 75-
foot Estuarine Shoreline Area of Environmental Concern (AEC). Filling of 1,347 sq. ft. of
Section 404 freshwater wetlands is proposed to meet the distance separation requirements
between existing wetlands and the proposed septic system. Approximately 84.5 linear feet of
retaining wall will be constructed between the proposed fill area and the adjacent wetlands to
remain, with backfill being provided from a clean upland source.
Section 404 freshwater wetlands are subject to the provisions of Section 404 of the Clean Water
Act, with regulatory authority held by the United States Army Corps of Engineers. Mitigation for
wetland fill is proposed through the NC Ecosystem Enhancement Program (NCEEP).
Anticipated Impact resulting from this project are expected to include: the filling of
approximately 1,347 sq. ft. of Section 404 freshwater wetlands; disturbance of approximately
6,505 sq. ft. mostly within the Estuarine Shoreline AEC; and installation of 1,467 sq. ft. of
impervious surface within the Estuarine Shoreline AEC.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone]\ Internet: www.nccoastalmanagement.net
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North Carolina Department of Environment and Natural Resources MEMORANDUM
Division of Coastal Management Page 2 of 2
Basis for Determination:
The Dare County Land Classification Map identifies the site area as "Community". The site is
within an Area of Environmental Concern (AEC) therefore the "Conservation" classification also
applies. The following are LUP policies that may be applicable to this request:
Wetlands: Policy #3, page 54.
"Dare County supports the U. S. Army Corps of Engineers nationwide permit
program as administered in 2002. This support is based on the current scope of
permitting limits on the nationwide program and not on any changes that may result
in a different policy."
Estuarine Shoreline: Policy#5, page 56.
"Estuarine Shoreline development should continue to be managed to protect and
preserve the natural resources of the estuarine waters and the estuarine shoreline.
The appropriate tools for this are the existing CAMA permit program and the Areas
of Environmental Concerns (AECs) designated under the CAMA program..."
cc: John Thayer, AICP, Manager, CAMA Local Planning and Access Programs
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \FAX: [phone]\Internet: www.nccoastalmanagement.net
An Equal opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

DEPARTMENT OF THE ARMY
� j WILMINGTON DISTRICT,CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O.Box 1000 (�
Washington,North Carolina 27889-10 IY�
IN REPLY REFER TO
November 30, 2004
DEC 0 12004
Regulatory Division
Morehead City DCM
Action ID No. 200510059
Jon Scheinman
3901 Liberty Street
Kansas City, Missouri 64112
Dear Mr. Scheinman:
On July 24, 2000, we renewed General Permit No. 198000291 (copy enclosed), which
provides Federal authorization for construction activities that receive authorization from the State
of North Carolina.
A review of your application received November 29, 2004, for Department of the Army
(DA) authorization to place fill material within freshwater wetlands and construct a retaining
wall and a residence, on property located at 42175 Shallow Point Drive,adjacent to Askins
Creek, in Avon, Dare County,North Carolina, indicates it to be a candidate for Federal
authorization under this general permit. Accordingly, the administrative processing of your
application will be accomplished by the North Carolina Division of Coastal Management.
Comments from Federal review agencies will be furnished to the State.
If your application must be withdrawn from this general permit process for any reason,you
will be informed regarding its further management. If there are no unresolved differences in
State-Federal positions or policies, the final action taken on your application by the State will
result in your receiving written notice from us that your application is consistent with the general
permit and you may commence your activity. Only after after receiving confirmation should you confirmation should you
be in work.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency(EPA) signed
a memorandum of agreement(MOA) establishing procedures to determine the type and level of
mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. This
MOA provides for first, avoiding impacts to waters and wetlands through the selection of the
least damaging,practical alternative; second, taking appropriate and practical steps to minimize
impacts on waters and wetlands; and finally,compensating for any remaining unavoidable
impacts to the extent appropriate and practical. To enable us to process your application in full
compliance with this MOA, we request that you provide the following additional information:

-2-
a. Permits for work within wetlands or other special aquatic sites are available only if the
proposed work is the least environmentally damaging,practicable alternative. Please furnish
information regarding any other alternatives,including upland alternatives, to the work for which
you have applied and provide justification that your selected plan is the least damaging to water
or wetland areas.
b. It is necessary for you to have taken all appropriate and practical steps to minimize
wetland losses. Please indicate all that you have done,especially regarding development and
modification of plans and proposed construction techniques, to minimize adverse impacts.
c. The MOA requires that appropriate and practical mitigation will be required for all
unavoidable adverse impacts remaining after all appropriate and practical minimization has been
employed. Please indicate your plan to mitigate for the projected,unavoidable loss of waters or
wetlands or provide information as to the absence of any such appropriate and practical
measures.
This information is essential to our expeditious processing of your application and it should
be forwarded to us by December 15, 2004. Also, a copy of this information must be sent to the
North Carolina Division of Environmental Management to enable them to adequately evaluate
your application for a Water Quality Certification pursuant to Section 401 of the Clean Water
Act.
Your application,pursuant to Section 404 of the Clean Water Act, has been assigned
Action ID No. 200510059 and will be coordinated by Mr. Raleigh Bland in our Washington
Regulatory Field Office. Mr. Bland is available at telephone[phone], extension 23.
Sincerely,
Raleigh W. Bland, P.W.S.
Regulatory Project Manager
Enclosure
Copies Furnished (without enclosure):

-3-
�
�1�
Mr. Doug Huggett DEC 0 12004
Division of Coastal Management
North Carolina Department of Environment Morehead City D C M
and Natural Resources
Hestron Plaza 11, 151-B Highway 24
Morehead City, North Carolina 28557
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
And Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh,North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort,North Carolina 28516
Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street
Atlanta, Georgia 30303

-4-
Mr. Ted Sampson, District Manager
Elizabeth City Regional Office
North.Carolina Division of Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909
Environmental Professionals, Inc.
Post Office Box 3368
Kill Devil Hills,North Carolina 27948

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEER
IJ Washington RequlatorV Field Office
P.O.Box 1000 f/
� IN REPLY REFER TO
Washington,North Carolina 27889-1000� D
��� EC 0 12004
Regulatory Division Morehead City DCM
Action ID: Applicant: 'Ton QG 64 V'Ar
Waterway:%M�W County:lVUP, Work Type:
Mr. Ron Sechler Mr. Doug Huggett
National Marine Fisheries Svc, NOAA Division of Coastal Management
Pivers Island NC Department of Environment, Health
Beaufort,NC 28516 and Natural Resources
Hestron Plaza II, 151-B Highway 24
Mr. Pete Benjamin Morehead City, NC 28557
Fish and Wildlife Enhancement
U.S. Fish and Wildlife Service uu�
Post Office Box 33726 fVl I.
Raleigh, North Carolina 27636-3726 7 -� tRegionalOffice
Division of Coastal Management
Mr. Ronald J.Mikaluk, Chief NC Department of Environment, Health
Wetlands Section—Region IV and at r l Resources
Water Management Division � �
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Gentlemen:
Pursuant to Action ID No. 198000291, the CAMA-Corps General Permit/processing
agreement, a State Field Investigation Report is enclosed. Your comments and/or
recommendations would be appreciated on or before au�n g I ~ �
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely,
", W NA
Raleigh W. Bland,P.W.S.
Regulatory Project Manager
Enclosure

NOV 13 2=4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William GS"IENTAIUNIT
November 8, 2004 C&VeQ
Field Operr
MEMORANDUM:
NOV ^�
d ;
TO: Ken Pace
NC DOT, State Construction/Materials Branch fl E_r9M`_ rin
Ares
Vegetag� A1ptcL
r�IROM: Doug Huggztt 8�autlflcatlor,
i�
A
Major Permits Processing Coordinator
�VE�
SUBJECT: CAMA/DREDGE & FILL Permit Application Review No 2 2
)AsrqL
Applicant: Jon and Danny Scheinman `�`''�BETHACNT
Project Location: 42175 Shallow Point Drive, Askins Creek Subdivision, Hatteras Island
Proposed Project: Single-family residence, decks, driveway, septic, retaining wall, fill
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by November 29, 2004, to Hestron Plaza Il, 151-13 Hwy 24, Morehead City, NC 28557. If
you have any questions regarding the proposed project, please contact Dennis Hawthorn at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
TH l5 ►5 NOT A STYE-M Ai r0-A1 A1eD cT11
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED DATE
1367 U.S. 17 South,Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

NOV 2 2 2004
NCDENR
North Carolina Department of Environment and Natural R RrrrWwad City DCM
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
November 8, 2004
MEMORANDUM:
TO: Joe Henderson
NOV 1 0 2004
NC Department of Administration
DOA STATE PROPERTY OFFICE
FROM: Doug Huggett �-
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Jon and Danny Scheinman
Project Location: 42175 Shallow Point Drive, Askins Creek Subdivision, Hatteras Island
Proposed Project: Single-family residence, decks, driveway, septic, retaining wall, fill
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by November 29, 2004, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If
you have any questions regarding the proposed project, please contact Dennis Hawthorn at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
q _ C
SIGNED G• DATE — D'"U
1367 U.S. 17 South, Elizabeth City,North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

12/01/2004 04:14 FAX IJ05
A*A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F, Easley,Governor Charles S.Jones, Director William G.Ross Jr;,;*e retary
Novemher 8, 2004
MEMORANDUM:
TO: Muria 'Tripp
NC Wildlilc RC60nrCZs Commission
FROM: Doug lluggetr
Major Permits Processing Coordinator
SUBJECT; (''AMA/C)hrI)CiF & FILL Permit Applicarion Review
Applicant: Jon and Danny Scheinman
Project Location: 42175 Shallow Point Drive,Askins Crock Subdivision, I hincrus Island
Proposed Project: Single family residence, decks, driveway, septic, retaining wall, fill
Please indicate below your agency's position or viewpoint on Elie proposed project and return this
form by November 29. 2004, to Hestron Plaza 11, 151-B ITwy 21, Morehead City, NC. 28557. If
you have any questions regarding the proposed project, please contact Dennis Ilawthorn at (252)
264-3901 . When appropriate, in-depth coinu►cnts with supporting data arc requested.
REPLY: This office has no objection to the project as proposed.
This office has no con•rment on the proposed project.
Phis office approves of the project only if the recommrndlet1 changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED _ DATE
�. ,��`' '.. 1 . ) •-- - • -- -�-(,•Jr, E.. l i -�.-
i r
1367 U.S 17 South,Elizabeth City,North Carolina 27909
Phone: [phone] PAX: 252-264-37231 Internet: www.nccoastaimanagement.net
An Equal Oppornuniry 1 Affinnative Action Employer-30%Recycled by Fiber Weight

2,�Dn' .
A47LA P5DEC 0 1 2004
NCDENR forehead City CCM
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William GJ l.u� cretary
cc��
November 8, 2004 N 0 V
RECEIVED
MEMORANDUM: �, Habitat
Conservation ti
Pr48ri171 �U
TO: Maria Tripp
NC Wildlife Resources Commission
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Jon and Danny Scheinman
Project Location: 42175 Shallow Point Drive, Askins Creek Subdivision, Hatteras Island
Proposed Project: Single-family residence, decks, driveway, septic, retaining wall, fill
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by November 29, 2004, to Hestron Plaza II, 151-13 Hwy 24, Morehead City, NC 28557. If
you have any questions regarding the proposed project, please contact Dennis Hawthorn at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: / This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED i.. . DATE � 1\lav,,m6e? z»
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \FAX: [phone]\Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—30%Recycled by Fiber Weight

40
NCDENR ..
North Carolina Department of Environment and Natural Resources "%!)V 3 o z004
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Direct r 0 it �. U, 1y O
U L j� CM
November 8, 2004 F
2 2 2004
MEMORANDUM: SHELLFISH SANITATioN
-----------
TO: Patty Fowler
; 15 L
NC DENR - Div. Of Environmental Health
FROM: Doug Huggett NOV g 2004
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Jon and Danny Scheinman
Project Location: 42175 Shallow Point Drive, Askins Creek Subdivision, Hatteras Island
Proposed Project: Single-family residence, decks, driveway, septic, retaining wall, fill
\ Please indicate below your agency's position or viewpoint on the proposed project and return this
form by November 29, 2004, to Hestron Plaza II, 151-13 Hwy 24, Morehead City, NC 28557. If
you have any questions regarding the proposed project, please contact Dennis Hawthorn at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
r�
J This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED *!4 �/a-1-I- DATE
1367 U.S. 17 South, Elizabeth City,North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

PnN
NCDENR
North Carolina Department of Environment and Natural ResourcdVT(Rf-OF�ESEWATKAOF�PCF
Division of Coastal Management
Michael F. Easley,Governor Charles S. Jones, Director William G.Ross Jr.,Secretary
November 8 2004 2985
MEMORANDUM:
l �
l �l
TO: Renee Gledhill-EarlyiViu foead ()ity Dc '
NC Department of Cultural Resources
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review Co
Applicant: Jon and Danny ScheinmanZ2
Project Location: 42175 Shallow Point Drive, Askins Creek Subdivision, Hatteras Island
Proposed Project: Single-family residence, decks, driveway, septic, retaining wall, fill
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by November 29, 2004, to Hestron Plaza 11, 151-13 Hwy 24, Morehead City, NC 28557. If
you have any questions regarding the proposed project, please contact Dennis Hawthorn at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED �� �- DATE
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight NOV 1 2 2004

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G.Ross Jr., Secretary
November 8, 2004
MEMORANDUM:
Pi CZ�
TO: Charlan Owens, District Planner �E( �
Division of Coastal Management MOr 2 ?004
ehle
FROM: Doug Huggett as City DC
Major Permits Processing Coordinator M
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Jon and Danny Scheinman
Project Location: 42175 Shallow Point Drive, Askins Creek Subdivision, Hatteras Island
Proposed Project: Single-family residence, decks, driveway, septic, retaining wall, fill
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by November 29, 2004, to Hestron Plaza II, 151-13 Hwy 24, Morehead City, NC 28557. If
you have any questions regarding the proposed project, please contact Dennis Hawthorn at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED DATE
67 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \FAX: [phone]\Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—30%Recycled by Fiber Weight

_.__,-
NCDENR NOV 1 2 2004
North Carolina Department of Environment and Natural Resources
Division of Coastal ManagemenMor", q Clay� I
Michael F. Easley, Governor Charles S. Jones, Director i is Ross ecr
November 8, 2004
MEMORANDUM: O 2004
TO: Mr. Preston P. Pate, Jr., Director !C:NOV
HA B I TAT
Division of Marine Fisheries
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Jon and Danny Scheinman
Project Location: 42175 Shallow Point Drive, Askins Creek Subdivision, Hatteras Island Jl t"
Proposed Project: Single-family residence, decks, driveway, septic, retaining wall, fill
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by November 29, 2004, to Hestron Plaza II, 151-13 Hwy 24, Morehead City, NC 28557. If
you have any questions regarding the proposed project, please contact Dennis Hawthorn at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: ✓ This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
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.
SIG D A►�w— DATE
1367 U.S. 17 South, Elizabeth City,North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

A7,i
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G.Ross Jr.,Secretary
November 8, 2004
MEMORANDUM:
TO: Mr. Jim Simons, Director DEC 3 0 7004
Division of Land Resources
FROM: Doug Huggett Morehead City DCM
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Jon and Danny Scheinman
Project Location: 42175 Shallow Point Drive, Askins Creek Subdivision, Hatteras Island
Proposed Project: Single-family residence, decks, driveway, septic, retaining wall, fill
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by November 29, 2004, to Hestron Plaza 11, 151-13 Hwy 24, Morehead City, NC 28557. If
you have any questions regarding the proposed project, please contact Dennis Hawthorn at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
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.
SIGNED �
DATE -7—�`�
1367 U.S. 17 South, Elizabeth City,North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

A�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Charles S. Jones, Director William G.Ross Jr., Secretary
MEMORANDUM
TO: Doug Huggett, Major Permits Coordinator PECS,
+
THROUGH: Ted Sampson, District Manager NOV p
91004
FROM: Dennis W. Hawthorn, Field RepresentativeA/ r
ahead CitY DC
DATE: November 4, 2004 M
SUBJECT: Jon and Danny Scheinman, Dare County
CAMA Major Permit Recommendations
This project involves the construction of a retaining wall 84.5 feet long, associated fill within US
Army Corps of Engineers (USACOE) jurisdictional wetlands near a man-made canal to the
Pamlico Sound on Hatteras Island, in Avon, Dare County. In conjunction with this fill activity,
the applicants also propose to construct a single-family residence (SFR) within a majority the
proposed fill area.
This proposal will result in the following coastal type impacts:
• The filling and associated loss of 1,347 square feet of 404-wetlands.
• A total site disturbance of 6,505 square feet, mostly within the Estuarine Shoreline.
• 1,467 square feet of new impervious surfaces within the Estuarine Shoreline (12.1%)
According to standards in the NC Administrative Code, Title 15A, Section 7H .0207,
bulkheads (retaining walls) are considered water dependent structures and their uses have been
found to be acceptable within Public Trust Areas. These type of structures have also been
found to be consistent with the Division's current buffer rules, 7H .0209 (d)(10)(A). In many
cases, retaining walls are considered to be part of a property's landscaping development.
Landscaping is also considered consistent with these rules, provided such work does not
increase stormwater runoff.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

_y
Doug Huggett, Major Permits Coordinator
Jon and Danny Scheinman, Major Permit Recommendations
November 4, 2004
Page 2
However,based upon 7H .0208(b)(7),bulkheads shall be constructed landward of significant
marshlands or marsh grass fringes. According to 7H .0205 (d), existing Coastal Wetlands shall
be afforded the highest priority of conservation and second priority shall be given to those types
of development which provide water access and cannot function elsewhere. In the case of this
proposal,the applicants have proposed to fill wetlands, but have avoided the filling of any
coastal wetlands. :
Therefore; we must determine if the existing wetland fringe is significant. A wetland fringe
might be considered significant if it is large or wide enough to provide a food or habitat source
for wildlife or have a vast enough root system to dissipate wave energy or receive enough
regular/irregular flooding to provide nutrient removal benefits to the adjacent waters in the
vicinity of this project: This fringe is within an existing residential neighborhood where many
of the lbts'are developed adjacent to 404 and coastal wetlands. Most of the proposed wetland fill
is vegetated in Phragmites. This plant type is often found in areas `prior disturbed'. The
proposal will avoid the coastal wetland fringe that will provide habitat to local wildlife and
coastal resources. The remaining coastal wetland fringe will provide a significant amount of root
system to provide wave energy dissipation and nutrient removal benefits.
This evidence would tend to indicate that the remaining wetland fringe beyond the proposed
retaining wall and fill area would provide the referenced benefits associated with significant
marshland fringes and the proposed fill area will not present any significant impacts. In regard
to these findings, I conclude that this proposal is consistent with our rules and policies that would
allow the placement of this retaining wall structure, associated fill and SFR at the requested
alignment and location.
In regard to these findings, I have no objection to the proposed development so long as the
following conditions and Note are incorporated in the subject permit.
1] Prior to the start of construction,the Pennittee shall schedule and coordinate a pre-
construction conference,which will include DCM staff. The approved
bulkhead/retaining wall alignment shall be staked within 30 days prior to the start of
construction, and this alignment shall be consistent with the approved site platwork
dated September 21, 2004, and the related cross-sectional view of the associated fill
area,wall structure and SFR dated October 11,2004.
2] No work, structures, excavation or fill materials will be placed at the work site or in
any waters or wetlands, other than that work indicated on the approved platwork
dated and referenced in the above condition, and approved by this permit. The
bulkhead structure will be constructed prior to any filling activity, shall be
structurally tight, and shall be consistent with the approved, referenced platwork.
Fill material must be free from debris or pollutants, and obtained from an upland
source.No excavation beyond the approved bulkhead alignment is authorized.

Doug Huggett, Major Permits Coordinator
Jon and Danny Scheinman, Major Permit Recommendations
November 4, 2004
Page 3
NOTE: Any future development on the permittee's property, other than that work
authorized in this permit, may require modification of this permit or the
issuance of a separate CAMA Permit.
DWH/ybc p9p
FU
IVED
cc: Raleigh Bland, USACOE NOV 0 9 2004
Morehead City DCM

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O.Box 1000
IN REPLY REFER TO Washington,North Carolina 27889-1000
February 4, 2005
Regulatory Division FEB o
2005
Action ID No. 200510059 and State Permit No. 13-05 8
A'10 eheacl cit
y acM
Jon Scheinman
3901 Liberty Street
Kansas City, Missouri 64112
Dear Mr. Scheinman:
Reference your application for a Department of the Army permit to place fill material
within freshwater wetlands and construct a retaining wall and a residence, on property located at
42175 Shallow Point Drive, adjacent to Askins Creek, in Avon, Dare County,North Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of general permit No. 198000291. Therefore, you may commence construction
activity in strict accordance with applicable State authorization and the approved plan. Failure to
comply with the State authorization or conditions of the general permit could result in civil
and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office,
Regulatory Branch, telephone [phone], extension 23.
Sincerely,
W"
Raleigh Bland, P.W.S.
Regulatory Project Manager

-2-
Copies Furnished without enclosure:
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
Hestron Plaza 11, 151-B Highway 24
Morehead City,North Carolina 28557
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516

FEB 0 S 2005
Mr. David Rackley
Morehead City DCM
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Ted Sampson, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 US 17 South
Elizabeth City, North Carolina 27909
William D. Gilmore, P.E., Director
North Carolina Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, North Carolina 27699-1652

MAJOR PERMIT FEE MATRIX
Applicant: Jon & Danny Scheinman NOV Q
9
Selection Development Type Fee DCM % klg' � ^�
(14300 1601 435100093 1625 6253) (24300 1602 43510 0j v
I. Private, non-commercial
development that does not $250 100% ($250) 0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
II. Public or commercial
development that does not $400 100% ($400) 0% ($0)
involve the filling or
excavation 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). For Private non-
commercial development, if $250 100% ($250) 0% ($0)
General Water Quality
Certification No. 3301 (see
attached) can be applied:
III(B). For public or
El commercial development, if $400 100% ($400) 0% ($0)
General Water Quality
Certification No. 3301 (see
attached) can be applied:
III(C). If General Water
Quality Certification No. $400 60% ($240) 40% ($160)
3301 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
® Quality Certification No. $400 60% ($240) 40% ($160)
3301 (see attached) cannot
be applied:
IV. For development that
involves the filling and/or $475 60% ($285) 40% ($190)
excavation of more than
one acre of wetlands and/or
open water areas:

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-- �- I�Nt i INC. 66-191530 NC
EVRONN ED AL PROFESS 7 d 4701
P.O.BOX 3W 45941-09 Date w
KILL DEVIL Hals,NC VW
$
Pay tothe
Order of G Iv
Dollars
!
Bankof American
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director' William G. Ross Jr., Secretary
FAX MEMORANDUM
TO: The Coastland Times
Manteo, NC 27954 NOV U 9 20�4
FROM: Yvonne Carver Morehe$d cityp
Administrative Assistant CM
DATE: November 5, 2004
SUBJECT: Public Notice — Jon and Danny Scheinman
Please publish the attached Notice in the Thursday, November 11, 2004 issue of The
Coastland Times.
The State Office of Budget and Management requires an original Affidavit of Publication
prior to payment for newspaper advertising. Please send the affidavit, an original
copy of the published notice, and an original invoice to Jay Poole, NC Division of
Coastal Management, 1638 Mail Service Center, Raleigh, NC 27699-1638.
Thank you for your assistance in this matter. If you should have any questions, please
contact me at our Elizabeth City office.
Attachment
cc: Doug Huggett, Major Permits Coordinator, DCM
File
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice
as required by NCGS 113A-119(b)that application for a development permit in an Area of
Environmental Concern as designated under the CAMA was received on October 15,
2004. According to said application, Jon and Danny Scheinman propose to construct a
single-family residence with decks, driveway, septic system, and a wooden retaining wall
with associated fill at 42175 Shallow Point Drive, adjacent to canal off Askins Creek in
Avon Village, Dare County.
A copy of the entire application may be examined or copied at the office of Dennis
Hawthorn, Field Representative of the Division of Coastal Management, located at 1367
US 17 South, Elizabeth City, NC, 252-264-3901 during normal business hours.
Comments mailed to Charles S. Jones, Director, Division of Coastal Management,
Hestron Plaza 11, 151-B Hwy 24, Morehead City, NC 28557, prior to December 1, 2004,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 this matter will be provided upon written request.
PLEASE PUBLISH ON: November 11, 2004

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
November 5, 2004
Mr. Kendall Turnage
Environmental Professional, Inc. NOV A 8 2004
P.O. Drawer 3368
Kill Devil Hills, NC 27948 Morehead City ccM
Dear Kendall:
The Division of Coastal Management hereby acknowledges receipt of the application for Jon
and Danny Scheinman submitted for State approval for development of property located at
42175 Shallow Point Drive, Hatteras Island, in Dare County. It was received complete on
October 15, 2004, and appears to be adequate for processing at this time. The projected
deadline for making a decision is December 29, 2004. When such time is necessary to
complete the review, an additional 75-day review period is provided by law. 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 the date received, you
may request a meeting with the Director of Division of Coastal Management (DCM) 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.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement,net
An Equal opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

Kendall Turnage
November 5, 2004
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,
Dennis W. Hawthorn
Coastal Management Representative
DWH/ybc
Enclosure
cc: Doug Huggett, Major Permits Coordinator, DCM, Raleigh, NC
Ted Sampson, District Manager, DCM, Elizabeth City, NC
Jon and Danny Scheinman

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No I 1 (000 Ili
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C:A MA PERM11T
APPLIE FOR
PROJECT:
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COMMENTS ACCEPTED THROUGH
APPLICANT- FOR MORE DETAILS CONTACT
] THE LOCAL PERMIT OFFICER BELOW:
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NOV 0 9 2004 ZO
ENVIRON ENTAL llo eles(l City &)C
ALS
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PLANNING FOR
A BETTER October 7,2004 CERTIFIED MAIL
ENVIRONMENT
RETURN RECEIPT REQEUSTED
Paley-Midgett Company,L.L.C.
PO Box 506
Hatteras,NC 27943
Re: Jon Scheinman and Danny Scheinman CAMA Major Application
42175 Shallow Point Drive,Avon,NC
Dear Mr.Matlock
This correspondence is to notify you as a riparian property owner Jon Scheinman and Danny Scheinman
are applying for a CAMA Major permit to construct a single family residence and essential amenities on
their property north of your property. In order to attain septic setbacks to construct the septic system they
will need to fill 1347 Square Feet of 404 Army Corps jurisdictional wetlands. The application and
drawing are included for your review.
If you have no objection to the proposed activity,please mark the appropriate statement below and return to
Environmental Professionals,Inc as soon as possible. If no comments are received within thirty(30)days
of receipt of this notice, it will be considered that you have no comments to this project.
If you have objections or comments,please mark the appropriate statement below and send comments to
within thirty(30)days to the North Carolina Division of Coastal Management.
If you have questions about the project,please do not hesitate to call me at 252-441-0239 or the NC
Division of Coastal Management.
Sincerely,
Kendall Turnage -�
I have no objection to the project described in this correspondence.
I have objection to the project described in this correspondence.
SIGNATURE DATE
P. O . BOX 3368 • KILL DEVIL HILLS , NORTH CAROLINA 27948 - 3368 • 252 -441 - 0239
FAX : 252 -441 - 0721 • EMAIL : environmentalr) ro@earthIink . net

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7 EYED
NOV 0 0 2Q04
Morehead City DCM
Jp REAL ESTATE
DARE °�. ° 9p TRANSFER TAX
COUNTY ' ' '`�----
pIC ZZ Fllad Book: 1476 Page: 83 Doc Id: 5000329
02M212003 04:56PM Raoaiot *: 722iG
Doc Coda; DEED NC ExoLle Tax Pd: S320.00
BARNMA M GRAY, REGISTER OF DEEDS DARE CO, NC
1 III�I���(II IIII II���II IIII IIII I�IIII���II��I�I IIII III 2S30 of 3 04:B6PM
Prepared by: Return to:Dixon, Dixon& Casey
W. Jay Wheless P.O. Box 750
Wheless& Wheless,PLLC APPROWD Avon,NC 27915
P. O. Box 500 DARE COUNTY TAX
Manteo,NC 27954 COLLECTOR,
(f: 03-0072 ) I
PARCEL# 014875020 N0.
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this 11 th day of February,2003,by and between:
GRANTOR GRANTEE
THE PALEY-MIDGE7T COMPANY, LLC Jon L, Scheinman and Daniel Scheiman,
a North Carolina Limited Liability Company each a 1/2 undivided interest as Tenants in common
of P.O. Box 506 4811 Liberty St.
Hatteras, NC 27943 Kansas City, MO 64112
The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as
required by context.
WITPIESSETH, that the Grantor, for 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 on Hatteras
Island, Hatteras Township, Dare County, North Carolina and more particularly described as
follows.-
SEE EXHIBIT"A" ATTACHED HERETO AND INCORPORATED HEREIN BY
REFERENCE.
The property hereinabove described was acquired by Grantor by instrument recorded in Book 1473, Page
239, Dare County Registry.

6088320
0211212003of 04 66PM r .
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and i
appurtenances thereto belonging to the Grantee in fee simple,
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the
right to convey the same in fee simple, that the title is marketable and free and clear of all encumbrances,
and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever
except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to easements, plat notations and restrictions of
record.
IN WITNESS WHEREOF,the Grantor has caused this instrument to be executed in its behalf by
its Managers and has caused its official corporate seal to be affixed hereto.
THE PALEY/MIDGET COMPANY, LLC
� Q
BY:
Noah Paley
NORTH CAROLINA DARE COUNTY
1, a Notary Public in and for the State and County recited above do hereby certify that Noah Paley personally
came before me this day and acknowledged that he is a Manager of The Paley-Midgett Company, LLC, a
North Carolina limited liability company, and that by authority duly given and as the act of the said limited
liability company the foregoing instrument was signed by him as the Managers of The Paley-Midgett
Company, LLC.
Witness my hand and official stamp or seal,this day of
My commissi n e pires:
Q0 .Am
Legible signature of Notary Public
My official seal is affixed or imprinted. L18A A. 7N.
RNOTARY PUBDARE CCOUNT14 .NORTH CAROLINA, DARE COL-NTYCp11'r"b" od
The f reg ing certificate(s)of �_JS0. A Re�-Che�
is/are certified to e correct. This instrument and this certificate are duly registered at the date and time in
the Book and Page shown on the first page hereof.
Barbara M. Gray, Register of Deeds for Dare County
Art Register of Deeds

� II
I IIIIII(IIII III III�'I�IIl�IIII III IIII I��III I IIII II'I $088329 ma:56Pn
Exhibit"A"
All that certain lot or parcel of land situated in the Village of Avon, Kinnakeet Township,
Dare County,North Carolina and more particularly described as follows:
Lot No. 20, Sections 2 and 3 of the subdivision known as "Askin's Creek", as shown on
a map or plat thereof made by Triangle Engineering-Architecture-Planning, Inc., which
said map or plat is duly of record in Plat Cabinet A at Slide 62, Public Registry of Dare
County, North Carolina.
?9P F01V
NOV 0 9 2004
Morehead City DCM