20041332 Ver 1_COMPLETE FILE_20040813

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
eTq,? REGION 4
A -133:
Sam Nunn Atlanta Federal Center
61 Forsyth Street, S.W.
44 PRaffl
Atlanta, Georgia 30303 - 8960
i
January 28, 2005
Colonel Charles R. Alexander
District Engineer
ATTN: Mr. William Wescott
TT S- Army Corps of Engineers
P.O. Box 1000
Washington, North Carolina 27889
FEB 0 ?, 2005
DENR.WATF_P')i; ;r
VOLWDSMIDSTORidWdAii:A:
SUBJ: Gerald Gaines Access Road
. Action ID: 200510113
Dear Colonel Alexander:
following comments on the proposed project.
This letter is in reference to the Gera nes proposed project described in the above
referenced Public Notice (PN) dated December 15, 2004s The applicant proposes to place fill
material into 9,389 square feet (0.22 acres) of jurisdictional wetlands to construct a 468 linear
foot access road across the wetland complex known as the "North Drain" an Rodanthe, Dare
County, North Carolina. The road construction is being proposed in order to access an
oceanfront residential building lot.' The wetland being crossed is a Juncus roemerianus marsh
which connects directly to Pamlico Sound. The Environmental Protection Agency (EPA) has the
We are concerned with the cumulative water quality impacts to Pamlico Sound that
another crossing would have on further cutting off the flow between the "North Drain" wetland
complex and the Sound which has been severely-restricted by numerous other crossings in this
area. The PN does not contain an alternatives analysis documenting that this proposal is the least
environmentally damaging alternative. We understand there may be another available route to
this lot that would allow access without having to construct a new crossing. We also are
concerned that a new access road will increase the potential for secondary and cumulative
impacts by creating an access route to 3 more.lots which are located entirely in wetlands.
Finally, the public notice contains no information as to how the proposed wetland impacts will be
mitigated.
Based on the above discussion, we conclude that the project, as proposed, is not
approvable because of the potential detrimental effect on water quality in Pamlico Sound. We
recommend the applicant consider,'a less environmentally damaging practicable alternative or
provide information as to why this is the least environmentally damaging practicable alternative
and provide a mitigation proposal for any wetland impacts.
2
Thank you for the opportunity to comment on this project. If you have any questions
regarding these comments, please contact Becky Fox at [phone] or by email at
Iox.rebecca@ epa.gov.
Sincerely,
7
i
Ronald J. Mikulak, Chief
Wetlands Regulatory Section
cc: USFWS, Raleigh
NMFS, Beaufort
DCM/NCDENR, Raleigh
NCDWQ, Raleigh
NCWRC, Washington
3
cc List:
cc: Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Mark Bowers
US Fish and Wildlife Service
PO Box 33726
Raleigh, North Carolina 27636-3726
Mr. Doug Huggett
Division of Coastal Management
i NC Division of Environment and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Ms. Cyndi Karoly
Wetlands/401 Unit
2321 Crabtree Boulevard
Raleigh, NC 27604-2260
Ms. Maria Tripp
NC Wildlife Resources Commission
943. Washington Square Mall
Washington, North Carolina 27889
oA- -1'3"6?!,
c1.Y 1?:
DEPARTMENT OF THE ARMY
/WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. Box 1890
IN REPLY REFER TO Wilmington, North Carolina 28402-1890
February 14, 2005
Regulatory Division
l
Action ID No. 200510113 FEg 1 6 20p5
\NXCER QUALITY
WEn.MDS RAND STORMWAY R BRANCH
Mr. Gerald M. Gaines
3739 Morningside Drive
Fairfax, Virginia 22031
Dear Mr. Gaines:
Please reference your application for a Department of the Army (DA) individual permit to
authorize placement of earthen fill material within 9,389 square feet (0.22 acres) of jurisdictional
wetlands for the purpose of constructing a 468 linear foot road across the wetland complex
known as the `North Drain' located in Rodanthe, Dare County, North Carolina. Your proposed
project will begin at the terminus of Midgett Mobile Park Road and continue east across
irregularly flooded Juncus roemerianus marsh. The purpose of this correspondence is to inform
you that by letters dated January 26, 2005 and January 28, 2005, we received comments from the
National Marine Fisheries Service, and U.S. Environmental Protection Agency, respectively,
regarding their review of the public notice on your application.
It is the policy of the Department of the Army to provide an applicant the opportunity to
furnish a proposed resolution or rebuttal to all objections from government agencies and other
substantive adverse comments before a final decision is made on a proposed project. In this
regard, I would appreciate receiving any comments that you have on this matter. If you intend to
comment, please give your immediate attention to this matter so processing of your permit can be
expedited.
Thank you for your time and cooperation. Questions or comments may be addressed to Mr.
William Wescott, at the Washington Regulatory Field Office, telephone [phone] extension
25.
Sincerely,
--ly . v Wi,,,
David M. Lekson, P.W.S.
Chief, Washington Regulatory Field Office
-2-
Enclosure
Copies Furnished:
Quible and Associates, P.C.
Attn: Mr. Brian Rubino
Post Office Drawer 870
Kitty Hawk, North Carolina 27949
Copies Furnished (without enclosure):
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division, USEPA
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Ron Sechler
National Marine Fisheries, NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
151-B Hwy. 24 Hestron Plaza Il
Morehead City, North Carolina 28557
Ms. Cyndi Karoly
Division of Environmental Management
And Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650

? ME D
D
DEPARTMENT OF THE ARMY 1 7 2004
Wilmington District, Corps of Engineers VNR - WATER QUALITY
Post Office Box 1890 WEttAi yi 0STOWNATERBRMIM
Wilmington, North Carolina 28402-1890
ACTION ID: 200510113 December 15, 2004
PUBLIC NOTICE
Mr. Gerald M. Gaines, 3739 Morningside Drive, Fairfax, Virginia 22031, has applied for a
Department of the Army (DA) individual permit TO IMPACT 9,389 SQUARE FEET (0.22
ACRES) OF DA JURISDICTIONAL WETLANDS TO CONSTRUCT 468 LINEAR FEET OF
ROAD ACROSS THE WETLAND COMPLEX KNOWN AS THE `NORTH DRAIN' IN
RODANTHE WITHIN THE PASQUOTANK RIVER BASIN, IN NORTH CAROLINA. The
proposed project is located within a private right-of-way easement in Dare County. Mr. Brian
Rubino, Quible & Associates, P.C., Post Office Drawer 870, Kitty Hawk, North Carolina 27949,
is acting as agent for Mr. Gaines in the processing of this application.
The following description of this project is taken from data provided by the applicant and
from observations made during onsite inspections by representatives of the Corps of Engineers.
Mr. Gaines proposes to place fill an area of wetlands 20-feet wide and 468-feet long for
construction of a road in order to access an oceanfront residential building lot. Two 24-inch
diameter culverts will be placed within the existing 12-foot wide drainage ditch in order to
maintain continuity between wetlands on either side of the proposed road. The project will begin
at the terminus of Midgett Mobile Park Road and continue east across irregularly flooded Juncus
roemerianus marsh. North Carolina Division of Coastal Management does not claim jurisdiction
over this area of the `North Drain' because past road construction activities and lack of culvert
maintenance have retarded the tidal influence within this marsh.
The project crosses 468-linear feet of Juncus roemerianus marsh including a 12-foot wide
ditch within the marsh. The `North Drain' connects directly to Pamlico Sound.
Plans showing the work are included with this public notice. The plans and additional
information provided by the applicant detailing avoidance and minimization efforts can also be
reviewed at the Washington Regulatory Field Office, U. S. Army Corps of Engineers
Wilmington District, 107 Union Drive Suite 200, Washington, North Carolina 27889.
This proposal shall be reviewed for the applicability of other actions by North Carolina
agencies such as:
i
2
a. The issuance of a Water Quality Certification under Section 401 of the Clean Water
Act by the North Carolina Division of Water Quality (NCDWQ.
b. The issuance of a permit to dredge and/or fill under North Carolina General Statute
113-229 by the North Carolina Division of Coastal Management (NCDCM).
c. The issuance of a permit under the North Carolina Coastal Area Management Act
(CAMA) by the North Carolina Division of Coastal Management (NCDCM) or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-Owned submerged
land under North Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the
North Carolina Department of Administration (NCDA) and the North Carolina Council of State.
e. The approval of an Erosion and Sedimentation control Plan by the Land Quality
Section, North Carolina Division of Land Resources (NCDLR), pursuant to the State
Sedimentation Pollution Control Act of 1973 (NC G.S. 113 a-50-66).
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The District Engineer's initial
determination is that the proposed project would not adversely impact EFH or associated
fisheries `managedby the South Atlantic or Mid` Atlantic'Fisheiy"Mai ageiirnenf C6VIidils-ortIlie'°
National Marine Fisheries Service.
The State of North Carolina will review this public notice to determine the need for the
applicant to obtain any required State authorization. No Department of the Army (DA) permit
will be issued until the coordinated State viewpoint on the proposal has been received and
reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of
Water Quality (NCDWQ) has determined the applicability of a Water Quality Certificate
as required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean Water Act (33
U.S.C. 1344) and Section 10 of the Rivers and Harbors Act of 1899. Any person may request, in
writing within the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with particularity, the reasons
for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties, or properties listed as being
eligible for inclusion therein, and this site is not registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register constitutes the extent
of cultural resource investigations by the District Engineer, and he is otherwise unaware of the
presence of such resources. ,Presently, unknown archeological, scientific, prehistoric, or
historical data may be lost or destroyed by work under the requested permit.
Based upon available information, the District Engineer is not aware that the proposed activity
will affect species, or their critical habitat, designated as endangered or threatened pursuant to the
Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of the probable impacts,
including cumulative impacts, of the proposed activity and its intended use on the public interest.
Evaluation of the probable impacts which the proposed activity may have on the public interest
requires a careful weighing of all those factors that become relevant in each particular case. The
benefits which reasonably may be expected to accrue from the proposal must be balanced against
its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the
conditions under which it will be allowed to occur, are therefore determined by the outcome of
the general balancing process. That decision should reflect the national concern for both
protection and utilization of important resources. All factors which may be relevant to the
proposal must be considered including the cumulative effects thereof. Among those are
conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values,
fish and wildlife values, flood hazards and flood plain values (in accordance with Executive
Order 11988), land use, navigation, shore erosion and accretion, recreation, water supply and
conservation, water quality, energy needs, safety, food and fiber production, mineral needs,
considerations of property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit would not comply
with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding
sentence and any other applicable guidelines or criteria, a permit will be granted
unless the District Engineer determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to determine whether to issue, modify, condition or deny a permit for this proposal.
To make this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public interest factors listed
above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit will not .
be made until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act. The NCDWQ considers
whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of the Army (DA)
permit serves as application to the NCDWQ for certification.
4
Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Wetlands/401 Unit, NCDWQ, 2321 Crabtree Boulevard, Raleigh, North Carolina
27604-2260. Copies of such materials will be furnished to any person requesting copies upon
payment of reproduction cost.
Written comments pertinent to the proposed work, as outlined above, will be received in
the Corps of Engineers, Wilmington District, Washington Regulatory Field Office, Attn:
Mr. William Wescott, Post Office Box 1000, Washington, North Carolina, 27889, until
4:15 p.m., January 15, 2005, telephone [phone], extension 25.

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Michael F. Easley, Governor
O
September 22, 2004
r
Y
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Mr. Gerald M. Gaines
3739 Morningside Drive
Fairfax, VA, 22031
Subject Property: Midgett Mobile Park Road, Rodanthe
Back ill of easement for access to a buildable lot
DWQ Project # 04-1332
Dare County
Approval of 401 Water Quality Certification (GC3351) with Additional Conditions
Dear Mr. Gaines:
You have our approval, in accordance with the attached conditions, to place fill in 0.215 acres of
wetlands to construct an access to a vacant buildable lot as described in your application received by the
Division of Water Quality (DWQ) Wetlands/401 Unit on August 13, 2004. After reviewing your
application, we have determined that the Division of Water Qu4lity (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 Engineer., (USACE). 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 N. 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
(Units) Plan Location or Reference
Stream N/A (feet)
404/LAMA Wetlands 0.215 (acres) DCM Field Investigation Report
Waters N/A (acres)
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650,.
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/ Internet: hftp://h2o.enr.state.nc.us/ncwetlands

None Carolina
AAm ally
An Equal Opportunity/Affirmative Action Employer-50% Recycled/100/6 Post Consumer Paper
Mr. Gerald M. Gaines
Page 2 of 2
September 22, 2004
Buffers N/A (square ft.)
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 a t within 60 days of the date that you
receive this letter. To ask for a hearing, send a written petition, hich conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative I4earings, 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
Enclosures: GC 3351
Certification of Completion
cc: Doug Huggett, DCM
USAGE Washington Regulatory Field Office
DWQ Washington Regional Office
File Copy
Central Files
Brian Rubino, P.O. Drawer 870, Kitty Hawk, NC, 27949
a
Filename: 041332Gaines(Dare)401
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
August 10, 2004
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
0.1332
Mr. John R. Dorney Vy
Environmental Biological Supervisor ?r??D? X441 GR?(lP
Division of Water Quality
AUG 1 3 2004
Doug Huggett WAT
Major Permits Processing Coordinator 'R QUgLITySECTlf1Ar
CAMA/DREDGE & FILL Permit Application Review
Gerald M. Gaines
Project Location: Midgett Mobile Park Road, Rodanthe
Proposed Project: Backfill the easement for access to a buildable lot
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by August 31, 2004. If you have any questions regarding the proposed project, please
contact Dennis Hawthorn at [phone]. 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
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
i
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Gerald M. Gaines
0413,26
2. LOCATION OF PROJECT SITE: NC 12, near Midgett Mobile Park Road,
Rodanthe, Dare County
Photo Index - 2000: 174-2055 (H-13,1-13, J -13); 1995: 174-1800 (H-0, 1-0, J-0)
State Plane Coordinates, X: 3051000; Y: 699000; GPS C071713A
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visits: March 9 and August 2, 2004
Was Applicant Present - Yes and No
5. PROCESSING PROCEDURE: Application Received Complete: July 19, 2004
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Ocean Erodible Area
(C) Water Dependent: No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - none
Planned -none
(F) Type of Structures: Existing - none
Planned -none
(G) Estimated Annual Rate of Erosion: 8.5 feet
Source - Applicant
7. HABITAT IMPACT DESCRIPTION: [AREA]
EXCAVATED FILLED OTHER
(A) Freshwater Wetlands 3,132 sq. ft.
within the Ocean Erodible Area
AEC
(B) Freshwater Wetlands
257 sq. ft.
6
outside of the Ocean Erodible ,
Area AEC
(C) Total Area Disturbed: 9,389 sq. ft. (0.215 acres)
(D) Primary Nursery Area: No
(E) Water Classification: NA
8. PROJECT SUMMARY: This project involves the placement of fill within the
Ocean Erodible Area of Environmental Concern for the purpose of providing
access to a vacant lot near the Atlantic Ocean in the Village of Rodanthe, Dare
County.
Gerald M. Gaines, Dare County
FIELD INVESTIGATION REPORT
Page 2
PROJECT SETTING
The project site is located near the shoreline of the Atlantic Ocean in the village of
Rodanthe in Dare County. This project involves the completion of a 20-feet wide platted
easement adjacent to 8 individual lots between NC 12 and the Atlantic Ocean. These lots
total approximately 5.8 acres and the easement area is approximately 0.89 of an acre.
The easement extends from NC 12 east to the U. S. National Park Service property along
the Atlantic Ocean. Gerald M. Gaines is the sponsor of this project, and his lot is the third
tract west of the shoreline. This lot was platted in November of 1960.
The applicant's lot is located 'three-back' from the beach. The application reports that this
lot's average elevation is approximately 5 feet above the National Geodetic Vertical Data
(NGVD) level. The frontal dune, located east of this lot, is located on the remaining
oceanfront and adjacent lot of Elma J. Torge Laxton. The first line of stable natural
vegetation (FLSNV) was confirmed by DCM staff on March 9, 2004, and is located
approximately 200 feet east of the shoreline, as identified on the application platwork dated
April 19, 2004, with subsequent revisions. The applicant's property is located within the
Ocean Hazard Area of Environmental Concern (AEC). The Ocean Hazard AEC has been
designated by the Coastal Resources Commission (CRC) as an a natural hazard area
along the Atlantic Ocean shoreline where, because of special vulnerability to erosion or
other adverse effects of sand, wind, and water, uncontrolled or incompatible development
could unreasonably endanger life or property. Ocean hazard areas include beaches, frontal
dunes, inlets lands, and other areas in which geologic, vegetative, and soil conditions
indicate a substantial possibility of excessive erosion or flood damage.
The erosion rate for this area, taken from the Hatteras Island (at north Rodanthe) erosion
rate map updated through 1998, is 8.5 feet per year. The western boundary for the Ocean
Hazard AEC extends 545 feet east from the FLSNV. The 100-year storm recession rate is
35 feet per year. The large structure setback for this area is 360 feet landward from the
FLSNV. The Gaines property is approximately 160 feet west of the FLSNV. The proposed
filling activity associated with this project will extend between 390 feet and 860 feet west of
the FLSNV, and therefore, will be west of the large structure setback.
The proposed roadway will extend east of the existing dirt road, Midgett Mobile Home Park
Road. This easement extends east across an existing drainage ditch commonly known as
the'North Drain'. The North Drain is bordered by an extensive Juncus roemerianus marsh
that is approximately 500 feet wide along .the easement alignment. The ditch is
approximately 10 feet wide and seldom more than one foot in depth. Other wetland plant
species present include Spartina patens, Hibiscus sp., and Baccharis halimifolia. Other
plants noted are Myrica cerifera, Smilax rotundifolia and Toxicondendron radicans. The
later, as well as Uniola paniculata, Ammophila breviligulata, Cakile edentula and Spartina
patens grasses are located in the dune and upland area of the easement alignment. At
one time, the North Drain had a direct connection to the Pamlico Sound;
?l
?• Gerald M. Gaines, Dare County
FIELD INVESTIGATION REPORT
Page 3
however, since it was excavated, at least nine culverts have been built across the
waterway, and have significantly blocked Estuarine wind-blown waters from the Pamlico
Sound from reaching these adjacent wetland areas. The existing wetland areas in the
vicinity of this project are within the permit jurisdiction of the U. S. Army Corps of Engineers
(USACOE).
PROJECT DESCRIPTION
As described above, it is proposed to fill an area 468 feet by 20 feet within the Ocean
Errodible AEC, within a platted easement, to provide vehicular access to Mr. Gaines'
property. Although fill will not extend to lots east and adjacent to the Gaines' property, fill is
proposed of USACOE jurisdictional wetlands within the Ocean Hazard AEC. The project
will also result in the placement of culverts in the North Drain ditch located west of the
Ocean Hazard AEC, but adjacent to wetlands that are within the AEC.
It is estimated that the project will require the placement of 693 cubic yards of fill in these
wetland areas to provide for a vehicular access across the ditch and wetland areas. Two
24-inch metal culvert pipes will be placed in the ditch area. They will be backfilled with
gravel and stabilized on both ends with riprap rock material. The final fill elevation will be
approximately 2 feet above the existing grade. The final roadway surface will be topped
with a 10-feet wide gravel surface. The roadway will have a 5-feet wide vegetated slope on
both sides with a 2.5 to 1 slope.
This application does not include any other land disturbance or upland development other
than that proposed to construct a vehicular access across the above described wetland
area and the approach to this area from the east and west. No other fill or development is
proposed within the Ocean Errodible Area.
ANTICIPATED IMPACTS
The proposed fill will result in filling and, loss of 9,389 square feet of USACOE jurisdictional
wetlands. This proposal will not directly impact any CAMA jurisdictional coastal wetlands,
Public Trust Area, or Estuarine Waters resources. The proposed fill will be landward of the
FLSNV, but will encroach into the Ocean Hazard large structure setback by approximately
130 feet. This development will be approximately 130 feet west of the small structure
setback and will not impact any primary or frontal dunes. It is anticipated that future
development will include the construction of a single-family residential structure that will be
reviewed under the Dare County CAMA Minor Permit program.
Submitted By: Dennis W. Hawthorn
Date: August 10, 2004
Aug-10-2004 04:17pm From-QUIBLE&ASSOCIATES 2522611260 T-160 P-002/003 F-299

PROJECT NARRATIVE- revised 6/29/04
Existing Conditions
no subject property is located is located on the east side of NC 12 in Rodanthe, Dare County, North
Carolina. The subject property is a private 20 ft wide right of way easement labeled as "Midgett Mobile
Park Road" on the accompanying bare County Tarr Map. The private right-of-way is owned by the
adjacent residentially subdivided lot owners as depicted on the site plan. For reference, the subject
property is located at approximately 35025134" N latitude and 75°27'54" W longitude. The applicant for
this Major CAMA application, Gerald M. Gaines, is the owner of the third platted lot from the ocean on
the subject tract The private righ"f-way easement that is the subject of this application is located on
the south side of the Tract. The easement is approximately 20 ft wide and runs the entire length of the
tract on the east side of NC 12. The easement area is approximately 38,556 sf (0.89 ac) and the area of
the Gaines lot is approximately 17,279 sf (0.40 ac).
There is a section 404 wetlmd area in the central portion of the property that encompasses a drainage
ditch that runs in a north to south direction. According to NCDENR, Division of Coastal Management
(DCM), this ditch is not under jurisdiction by the Division who regulates codes set forth in the Coastal
Area Management Act (CAMA). The ditch does retain shallow water during times of normal
precipitation and normal tides- It may become dry during periods of drought or during certain wind
events that blow water out of the drain- Adjacent to the east side of the ditch is an undeveloped, flat,
grassy section 404 area. East of the section 404 area are upland lots with sandy soils and grassy
vegetation. There is also a low-lying frontal dune that is capable of migrating, eroding or accreting.
However erosive forces do currently dominate in this area. According to DCK the maximum erosion
rate is r5 tfye in this vicinity of beach front. This erosion rate is applicable since the lot was platted
prior to establishment of LAMA erosion rates. These setbacks place the Gaines lot and the east side of
the access easement within the ocean hazard area of environmental concern (AEC). The west side of the
easement is currently utilized as a gravel road to access permanent and mobile residential structures on
the tract.
Proposed Work Under Major CAMA Permit
For access to the buildable Gaines lot, the easement is proposed to be backfiRed with compacted sandy
material and topped with crushed gravel. Current conditions do not allow for access to the buildable lots
on the east side. An exception rule allows for limited residential construction within the ocean hazard
AEC if the small structure setback from the first line of stable natural vegetation (FLSNV) is met- The
exception rule is found in Coastal ManagementNCAC Code T15A: 07H .0309 `n7se Standards for Ocean
Hazard Areas: Exceptions". There are numerous existing structures located on the east side of this
wetland area to the north and south of the subject tract. For the properties to the north and south, similar
proposed access roads have been constructed.
The section 404 wetland area under jurisdiction of the US Army Corps of Engineers is approximately
468 ft long and 20ft wide. The total approximate fill area is 9,3 89 sf (022W). A total of
3,132 sf of the proposed wetlands fill is within the AEC. The remaining 6,257 sf is landward of the AEC
setback. Approximately 2 ft of sand fill will be necessary to provide sufficient elevation for the access
corridor- The approximate proposed fill volume is 693 cu yds. As shown on the site plan, the access
corridor will contain compacted aggregate material . The access corridor will be 10 ft wide and crowned
Au¢-10-2004 04:17pm From-QUIBLE&ASSOCIATES 2521611260 T-160 P,003/003 F-299
to direct any stormwater nmoff off of the road surface. There will be vegetated filter strips on both sides
of the easement (5 ft wide) with approximately 2.5:1 side slopes.. There will be no aggregate material
placed on the slopes of the vegetated filter strips. Prior to any land disturbance activity, a silt fence will
be installed on both sides of the fill area.
In order to maintain a surface water hydrologic connection, two (side-by-side) 24 inch diameter culverts
are proposed to be placed in the ditch. The average water depth during normal conditions in the ditch in
this area is approximately 0.5 ft (6 inches). Therefore the height of the top of the culvert would be 125 ft
above normal water level. The length of the culvert is planned to be 24 fit. The ditch cross-section on the
sire plan shows this design.
Future Proposed Work
There are future residential development plans for the Gaines lot that include construction of one single
family residential structure. This component of work would be permitted under a Minor LAMA Permit
separate from this. The lot located to the east of the Gaines lot is bisected by a 60 ft setback from the
First Line of Stable Natural Vegetation and has CAMA setback restraints for future development. The
first lot is not buildable since it lies within the dune field and the majority of the area is east of the
FLSNV. The proposed FLSNV was staked by DCM on March 5, 2004. Proposed construction on the
Gaines lot, in accordance with CAMA exception rule criteria includes a house footprint (•-1,728 sf-10%
of lot area), open deck (less than 500 st), pool, gravel parking and on-site septic treatment. Total
maximum lot impervious coverage including gravel parking would be less than 5,009 sf (29%)- A permit
request for this will be submitted to the Dare County Local Permitting Officer at a later date.
Form DCM-MP-1
APPLIC(To be completed by all applicants) ! j(j i <' 200 4
COAST A I- H,- A 'D? 41T
??IZ!?Q?TFi i?„?
(Midgett Mobile Park Road)
1. APPLICANT
a. Landowner:
Name _Gerald M. Gaines
Address 3739 Morninaside Drive
City Fairfax State VA
Zip 22031 Day Phone X703) 675-2107
Fax
b. Authorized Agent:
Name Brian Rubino, Quible & Associates. P.C.
Address PO Drawer 870
City Kitty Hawk State NC
Zip 27949 Day Phone [phone]
Fax
c. Project name (if any) Gaines Property Access
NOTE: Permit will be issued in name of landowner(s), and/or project
name.
2. LOCATION OF PROPOSED
PROJECT
a. County
Dare
b. City, town, community or landmark
Rodanthe
c. Street address or secondary road number
Private Drive- west side of NC 12
Revised 03/95
d. Is proposed work within city limits or planningjurisdiction?
X Yes No
e. Name of body of water nearest project (e.g. river, creek,
sound, bay) Atlantic Ocean
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g. building a
home, motel, marina, bulkhead, pier, and excavation and/or
filling activities.
Section 404 wetlands fill for upland lot access
See project narrative
b. Is the proposed activity maintenance of an existing project,
new work, or both? New
c. Will the project be for public, private or commercial use?
Private
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed project. If
more space is needed, please attach additional pages. See
proiect narrative
4. LAND AND WATER
CHARACTERISTICS
a. Size ofentire tract Entire Laxton Tract and access easement,
Form DCM-MP-1
253,712 sf (5.8 ac); Gerald Gaines Property 17,279 sf
(0.40 ac); easement area 38,556 sf
b. Size of individual lot(s) 17,279 sf
c. Approximate elevation of tract above MHW or NWL
-5' NGVD
d. Soil type(s) and texture(s) of tract
Corolla-Duckston complex, Duckston fine sand, Newhan
fine sand, Beaches-Newhan complex
e. Vegetation on tract dune grasses. grounsel bush bayberry
green briar, common reed, iun cus spp.. Panicum spp.
f. Man-made features now on tract None within private
easement or Gaines Property
g. What is the CAMA Land Use Plan land classification of the
site? (Consult the Local land use plan.)
Conservation X Transitional
D&veloped. Community
Rural Other
h. How is the tract zoned by local government?
S-1 Special District
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance certificate, if applicable)
j. Has a professional archaeological assessment been done for
the tract? Yes X No
If yes, by whom?
k. Is the project located in a National Registered Historic
District or does it involve a National Register listed or
eligible property?
Yes X No
1. Are there wetlands on the site? X Yes _ No
Coastal (marsh) Other X Section 404
If yes, has a delineation been conducted? Yes
(Attach documentation, if available) (See Narrative)
m. Describe existing wastewater treatment facilities.
None existing
n. Describe location and type of discharges to waters of the
state. (For example, surface runoff, sanitary wastewater,
industrial/commercial effluent, "wash down" and residential
discharges.)
Surface runoff, sanitary wastewater
o. Describe existing drinking water supply source.
None existing. County water available.
5. ADDITIONAL INFORMATION
In addition to the completed application form, the following
items must be submitted:
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected properties. If the applicant is not claiming to be the
owner of said property, then forward a copy of the deed or
other instrument under which the owner claims title, plus
written permission from the owner to carry out the project.
An accurate, dated work plat (including plan view and
cross-sectional drawings) drawn to scale in black ink on an 8
'/2" by 11" white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
Please note that original drawings are preferred and only high
quality copies will be accepted. Blue-line prints or other
larger plats are acceptable only if an adequate number of
quality copies are provided by applicant. (Contact the U.S.
Army Corps of Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to guide
agency personnel unfamiliar with the area to the site. Include
highway or secondary road (SR) numbers, landmarks, and the
like.
• A Stormwater Certification, if one is necessary.
A list of the names and complete addresses of the adjacent
waterfront (riparian) landowners and signed return
receipts as proof tbat such owners have received a copy of
the application and plats by certified mail. Such
landowners must be advised that they have 30 days in which
to submit comments on the proposed project to the Division
of Coastal Management. Upon signing this form, the
applicant further certifies that such notice has been provided.
Revised 03/95
Form DCM-MP-1
Name Daniel J. & Lindora W. Sargent
Address 1 Pearl Street, Whitehouse Station, NJ 08889
Phone
Name John T. Kyle Fine Homes
Address P.O. Box 947 Avon. NC 27915
Phone
• A list of previous state or federal permits issued for work
on the project tract. Include permit numbers, permittee, and
issuing dates.
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources (DEHNR) to
cover the costs of processing the application.
• A signed AEC hazard notice for projects in oceanfront 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.
is truthful to the best of my knowledge.
`f
This is the ZSS day ofl!LMC , 200
Print Name Gerald M. Gaines
Signature of
Landowner 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
DCM MP-4 Structures Information
X DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the space
provided at the bottom of each form.
6. CERTIFICATION AND PERMISSION TO fi?5"
ENTER ON LAND
J_ 7f!?'
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
Revised 03/95
Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit,
Form DCM-MP-1. Be sure to complete all other sections of the
Joint Application that relate to this proposed project.
Describe below the purpose of proposed excavation or fill
activities. All values to be given in feetvera Final
g, e Pr.oec
Lengt Widt Existi 1i
h h nP„ nS in Depth
Access
chann(
MLW or
NWL3
Canal
Boat
basin
Boat
ramp
- Rock
groin
Rock
breakwi
Other
(Access
cor"ridor
fill)
1

}y s ? ri 5 ?? ? ? ?r+
t
er

-468ft -20 ft -2 ft
of fill
2. DISPOSAL OF EXCAVATED MATERIAL
N/A
a. Location of disposal area
b. Dimensions of disposal area
c. Do you claim title to disposal area?
Yes ' No
If no, attach a letter granting permission from the owner.
d. Will a disposal area be available for future maintenance?
Yes -No
If yes, where?
e. Does the disposal area include any coastal wetlands
(marsh), SAW or other wetlands?
Yes No
f. Does the disposal include any area in the water?
Yes No
3. SHORELINE STABILIZATION N/A
a. Type of shoreline stabilization
Bulkhead Riprap
b. Length
1. EXCAVATION N/A
a. Amount of material to be excavated from below MHW or
NWL in cubic yards
b. Type of material to be excavated
c. Average distance waterward of MHW `or NWL
d. Maximum distance waterward of M1-1W or NWL
e. Shoreline erosion during preceding 12 months
(Source of information)
f. Type of bulkhead or riprap material
c. Does the area to be excavated include coastal wetlands
(marsh), submerged aquatic vegetation (SAVs) or other
wetlands? Yes No
d. Highground excavation in cubic yards
g. Amount of fill in cubic yards to be placed below water level
(1) Riprap
(2) Bulkhead backfill
Revised 03/95
h. Type of fill material
i. Source of fill material
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
X Yes No
If yes,
(1) Amount of material to be placed in the water less
than 8.9 cu vd/ 240sf (area of ditch cross times 1 ft)
(2) Dimensions of fill area _ Total fill (ditch and wetland
crossine) -468 ft x 20 ft x 2 ft deep
Total fill: -693 cu vds
(3) Purpose of fill Fill is necessary to provide an upland
access corridor to upland buildable lot(s) on the east
side of the section 404 wetland area.
b. Will fill material be placed in coastal wetlands (marsh), SAVs
or other wetlands?
X Yes -No Section 404 Wetlands
If yes,
(1) Dimensions of fill area J= 60e
(2) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site and erosion
controlled? Sand fill areas will be topped with • gravel
suitable for vehicle use. Silt fence will be installed before
initiation of any fill activitv.
b. What type of construction equipment will be used (for
example, dragline, backhoe, or hydraulic dredge)?
Backhoe. dump truck, compaction equipment
c. Will wetlands be crossed in .transporting equipment to project,
site? X 'Yes No
Ifyes, explain steps that will be taken to lessen environmental
impacts. No wetlands other than the proposed fill area section
404 wetlands will be disturbed. A drainage culvert will be
installed in the area of the ditch for adeauate surface water
flow. Silt fence will also be installed for sedimentation and
erosion control.
Gerald M. Gaines
Applicant or Project Name
R/n C_> (2?? - a mot`
Signature
lII.'ID-l
Date
Form DCM-MP-2

Revised 03/95
Form DCM-MP-3
UPLAND
DEVELOPMENT

:OAS T A t A±dAr^?"1
EL17- BE-Ti-51 G, T Y
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. Be sure to complete all other
sections of the Joint Application that relate to this
proposed project.
a. Type and number of buildings, facilities, units or
structures proposed None proposed under this Major
CAMA Permit request. The site lap n depicts one
proposed future house to be permitted separately
under a Minor CAMA Permit.
b. Number of lots or parcels one
c. Density (give the number of residential units and the
units per acre) NA
d. Size of area to be graded, filled or disturbed including
roads, ditches, etc. Total disturbed (access road fill)--
9,389 sf (0.22 ac)
e. If the proposed project will disturb more than one acre
of land, the Division of Land Resources must receive
an erosion and sedimentation control plan at least 30
days before land disturbing activity begins. If
applicable, has a sedimentation and erosion control
plan been submitted to the Division of Land
Resources? Yes X No
If yes, date submitted
f. List the materials (such as marl, paver stone, asphalt,
or concrete) to be used for paved surfaces.
Gravel surface
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
If yes, date submitted
i. Describe proposed method of sewage disposal.
NA
j. Have the facilities described in Item i. above received
state or local approval? NA
(Attach appropriate documentation)
k. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial/commercial effluent,
"wash down" and residential discharges).
Surface runoff may occur, however, vegetative filter
strips on each side of the road are proposed (See
Narrative)
1. Describe proposed drinking water supply source (e.g.
well, community, public system, etc.)
Dare County Water distribution system
in. Will water be impounded? Yes X No
If yes, how many acres?
n. If the project is a oceanfront development, when was
the lot(s) platted and recorded? 11/23/60
g. Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. Ocean hazard zone
Gerald M. Gaines
Appl' ant or Project Name
Ag?
Si ure
&/2 8/o y
Date
Revised 03/95
Form DCM-MP-5.
BRIDGES AND
CULVERTS
Attach.this form to Joint Application for CAMA Major Permit,
Form DCM-MP-1. Be sure to complete all other sections of the
Joint Application that relate to this proposed project.
1. BRIDGES NA
a. Public Private
b. Type of bridge (construction material)
c. Water body to be crossed by bridge
d. Water depth at the proposed crossing at MLW or NWL _
e. Will proposed bridge replace an existing bridge?
Yes No
If yes,
(1) Length of existing bridge
(2) Width of existing bridge
(3) Navigation clearance underneath existing bridge _
(4) Will all, or a part of, the existing bridge be
removed? (Explain)
f... Will proposed bridge replace, an existing culvert(s)?
Yes No
If yes,
(1) Length of existing culvert
(2) Width of existing culvert
(3) Height of the top of the existing culvert above the
MHW or NWL
(4) Will all, or a part of, the existing culvert be
removed? (Explain)
g. Length of proposed bridge
h. Width of proposed bridge
i. Height of proposed bridge above wetlands
J
Will the proposed bridge affect existing water flow?
Yes No
If yes, explain
k. Navigation clearance underneath proposed bridge
Will the proposed bridge affect navigation by reducing or
increasing the existing navigable opening? Yes
-
-No
If yes, explain
M. Will the proposed bridge cross wetlands containing no
navigable waters? Yes No
If yes, explain
n. Have you contacted the U. S. Coast Guard concerning their
approval?
Yes No
If yes, please provide record of their action.
2. CULVERTS
a. Water body in which culvert is to be placed
unnamed ditch- northern side of the "north drain"
b. Number of culverts proposed 2
c. Type of culvert (construction.material, style).
corrugated`steel 66361v
d. Will proposed culvert replace an existing bridge?
Yes X No
If yes,
(1) Length of existing bridge
(2) Width of existing bridge
(3) Navigation clearance underneath existing bridge
(4) Will all, or a part of, the existing bridge be
removed? (Explain)
e. Will proposed culvert replace an existing'culvert?
Yes X No
If yes,
(1) Length of existing culvert
(2) Width of existing culvert
(3) Height of the top of the existing culvert above the
MHW or NWL
(4) Will all, or a part of, the existing culvert be
removed? (Explain)
f. Length of proposed culvert 2 side-by-side. 24 ft long
g. Width of proposed culvert (2 ft) 24 in each
h. Height of the top of the proposed culvert above the MHW
Revised 03/95
Form DCM-MP-5

g.
Width of proposed culvert _ (2 ft) 24 in each Ifyes, give dimensions if different from (2) above.
h. Height of the top of the proposed culvert above the MHW (6) Does the disposal area include any area below the
MHW or NWL?

or NWL 1.25 ft Yes No
If yes, give dimension if different from No
2

i.
Will the proposed culvert affect existing water flow? .
above.
}
Yes X No
If yes
explain e. Will the placement ofthe proposed bridge or culvert result
, in any fill (other than excavated material described in Item
d. above) to be placed below MHW or NWL?
X Yes No

j.
Will the proposed culvert_ affect existing navigation
potential? Yes X No Ifyes,
(1) Length of area to be filled 20 ft

if yes, explain Non-navigable waters (2) Width of area to be filled 12 ft
(3) Purpose of fill
ditch crossing for
-
property access
£ Will the placement ofthe proposed bridge or culvert result
m any fill (otherthan excavated material described in Item
3. EXCAVATION AND FILL d. above) to be placed within:
X Yes . No
_ Coastal Wetlands SAVs X Other Wetlands (404)
a. Will the placement of the proposed bridge or culvert If yes

require any excavation below the MHW or NWL?
Yes X No ,

(1) Length of area: to be filled 468 ft
If yes,
- - -
(2) Width of.area to be filled 20 ft
(1) Length of area to be excavated (3) Purpose of fill Fill is necessary to provide an
(2) Width of area to be excavated upland access corridor to buildable lot(s) on the
(3) Depth of area to be excavated east side ofthe section 404 wetland area.
(4) Amount of material to be excavated in cubic yards
g. Will the placement ofthe proposed bridge or culvert result
b. Wi11 the
placement-of the proposed bridge or culvert in any fill (other than excavated material described in Item

require any excavation within: d. above) to be placed on hi h
g°d -Yes X No
If yes
Yes X No
Coastal Wetlands SAVs Other
Wetlands ,
(1) Len
gth of area to be filled
.
If - -
yes, (2) . Width of area to be filled
(1) Length of area to be excavated (3) Purpose of fill
(2) Width of area to be excavated
(3) Amount ofmaterialto be excavated in cubic yards
c. Will the placement of the proposed bridge or culvert 4' GENERAL
require any highground excavation?
If es-Yes X No
? a. Will the proposed project involve any mitigation?
(1)
Length of area to be excavated ...
(2) Width of area to be excavated X Yes No
Ifyes, explain in detail ro sed coin ensato miti ation
(3) Amount of material to be excavated in cubic yards or means einto the NCWRP/EEP for 0 25 acres
'
of non- ripaarias rian w etan ds
at a ratio of 1 14.1 00
d. If the placement of the bridge or culvert involves any
excavation, please complete the following: NA b. . Will the proposed project require the relocation of any

(1) Location ofthe spoil disposal area existing utility lines? Yes X No
If yes, explain in detail
(2) Dimensions of spoil disposal area
(3) Do you claim title to the disposal area?
Yes No c. Will the proposed project require the construction of any

If no, attach a letter granting permission from the temporary detour structures?

owner.
(4) Will the disposal area be available for future Yes X No
I yes, explain in detail -
maintenance? - Yes No
(5) Does the disposal area include any coastal wetlands
(marsh), SAVs, or other wetlands?
Yes No d. Vill the proposed project require any work channels?
_ Yes X No -
Revised 03195
Form DCM-MP-S "
If yes, complete Form DCM-MP-2
e. How will excavated or fill material be kept on site and
erosion controlled? _Silt fence will be installed alone the
perimeter of the access easement prior to filling. Side
sloves will be veeetated after backfill and compaction is
performed.
f. What type of construction equipment will be used (for
example, dragline, backhoe or hydraulic dredge)?
backhoe_. dump truck compaction equipment
g. Will wetlands be crossed in transporting equipment to
project site? X Yes No I . . .
If yes, explain steps that will be taken to lessen
environmental impacts. No wetlands' other than the
proposed fill areas section 404 wetlands will be disturbed
h Will the placement of the proposed bridge or culvert
require any shoreline stabilization?
Yes X No
If yes, explain in detail
Gerald M. Gaines
Appii}Cgnt or Project Name 0 QA
signature
Date
i.
Revised 03195
AEC HAZARD NOTICE
. Project Is In An: x Ocean Erodible Area
High Hazard Flood Area Inlet Hazard Area
Date Lot Was Platted: AlovEM(&La 19 (ago
This notice is intended to make you, the applicant, aware
of the special risks and conditions associated with
development in this area, which is subject to natural
hazards such as storms, erosion and currents. The rules of
the Coastal Resources Commission require that you
receive an AEC Hazard Notice and acknowledge that
notice in writing before a permit for development can be
issued.
The Commission's rules onbuilding standards, oceanfront
' setbacks aiiddiiiie alteratioli are designed"tb ?nulirii]: d but
not eliminate, property loss from hazards. By granting
permits, the Coastal Resources Commission does not
guarantee the safety of the development and assumes no
liability for future damage to the development.
The best available'information, as accepted by the Coastal
Resources Commission, indicates that the annual ocean
er ?sion rate for the area where your property is located is
J. S feet per year.
-The rate, was. established by careful'analysi' of, aerial
photographs.of the coastline taken over the past 50 years.
Studies , also indicate .that the. shoreline could' move as
much as 3 S' feet landward in a major storm.
The floocFwatersinamajor storm arepredicted to be about
....' ,, ,,_„ feet deep in this area.
Preferred oceanfront protection measuresare beach`
nourisf xi ent, and.,reln catiori . of threatened structures.
Hard erosion conlx & structures such as,bulkhead's,'
seawalls; revetments, groins, jetties and breakwaters are
prohibited. Temporary devices, including sand bags, may
be allowed under certain conditions.
This structure shall be relocated or dismantled within two
years of becoming imminently threatened.
The applicant must acknowledge this information and
requirements by signing this notice in the below space.
Without the proper signature, the application will not be
complete.
Applicant's Signature
S, 1 8loy
Date
NOTE: This hazard notice is required
development in areas subject to sudden and mass.
storms and erosion. Permits issued for developrnentin t
area expire on December 31 of the third year following i
year in which the permit was issued. Shortly before we
begins on the project site, the Local Permit Officer-m
determine the vegetation line and setback distance at yo
site. Ifthepropertyhas seenlittle change and thepropos
development can still meet the setback requirement, t
LPO will inform you that you may begin work. It is imp(
tant that you check with the LPO before the permit expix
for:official approval-to continue the work-after-the pern
has expired. Generally, if foundation pilings have bey
placed and substantial progress is continuing, pem
- renewal may not be necessary. If substantial progress h
not been made, the permit must be renewed and a ne
setback line established. It is unlawful to continue wo.
after permit expiration without this approval.
For more information, contact:
Me p- 1-DAme co, LPQ
Local Permit Officer
?...0 6o x
Address
.Dk2c C.o_: ,. acD1 Scfiee?;r.TE. =o.?r=rs
Locality
(ZsZ.) y S-ssn
Phone''
r
Revised 1119;
BEFORE YOU BUILD
Setting Back for Safety: A Guide to Wise Development Along the Oceanfront
When you build along the oceanfront you take a calculated
risk. Natural forces of water and wind collide with tons of
force, even on calm days.
Man-made structures cannot be guaranteed to survive the
force of a hurricane. Long-term erosion (or barrier island
migration) may take from two to ten feet of the beach each
year and, sooner or later, will threaten oceanfront struc-
tures. These are the facts of life for oceanfront property
owners.
The Coastal Resources Commission (CRC) has adopted
rules for building along the oceanfront. The rules are in-
tended to avoid an unreasonable risk to life and property
-and, to - hm-it-public ,and-private losses- from storms and
long-term erosion. These rules lessen but do not eliminate
the element of risk in oceanfront development.
As you consider building along the oceanfront, the CRC
wants you to understand the rules and the risks. With this
knowledge you can make a more informed decision about
where and how to build in the coastal area.
The Rules
When you build along the oceanfront, coastal manage-
ment rules require that the structure be sited to. fit safely
.into, the beach environment.
'Structures along the oceanfrontmust be behind the frontal
dune, landward of the crest -of the primary dune and set
back from the first line of natural stable vegetation.a dis-
tance equal to 30times the annual erosionrate (a minimum
of 60 feet). Large structures (multi-familyresidential struc-
tures greater than 5,000 square feet and non-residential
structures. greater. than 5,000 square feet) must beset back
from'the first line of naturat stable- vegetatiori:a distance
equal to 60 times the: annual erosion rate or 120 feet,
SEA TRACK I SETBACK !;, FIRST LINE OF
?(
IO - --- STABLE
60 x AL 30 x AL NATURAL
?AVERAGEI AVERAGE I VEGETATION
Q00 )EROSION I EROSION
IRATE IRATE
000
SMALL
(STRUCTURES) I (STRUCTURES)
whichever is greater. If the erosion rate is greater than
feet/year, the setback is 30 times the erosion rate plus 1
feet.
The Reasons '
The beachfront is an ever-changing landform. The bea
and the dunes are natural "shock absorbers", taking t
beatings of the winds and waves and protecting the inlat
areas. By setting back 30 or 60 times the annual Ion --ter
erosion rate; you have a good chance of enjoying the fi
life of the structure. At first; it seems very inviting to bui
your dream house as close to the beach as possible, but
five years you could find the dream has become-
nightmare as, high..tides and,stQrm tides threaten yon
investment.
The Exception
The Coastal Resources Commission recognized that the,
rules, initially passed in June of 1979, might prove
hardship for some property owners. Therefore, they estal
fished an exception for lots which cannot meet the setbac
requirement. The exception allows buildings in front of tr
setback line if the following conditions apply:
(1) the lot must have been platted as of June 1, 1979, an
notcapableofbeing enlargedbycombining with adj61r irl
land underthe same owner-ship, (2) development must b
as.. far back on the property as possible and in no case:les
than 60 feet landward of the vegetation- line, (3) n
development can take place on the frontal dune (4) specie
construction standards on piling depth and square footag
must be' met and (5) all other CAMA,. state and loci
regulations must be met..
The exception is not available iri the Inlet Hazard Area.
To determine eligibility for the exception, the Local Perini
(:Officer will make these measurements and' observations:
required setback.from vegetation line
exception setback (maximum feasible)
rear property line setback
max. allowable square footage on lowest floor
lot area as calculated from vegetation line
piling length needed to extend 4 feet below MSL
PRE-PERMIT STRUCTURE; INADEQUATE SETBACK
PERMITTED -
STRUCTURE;
ADEQUATE
SETBACK

PRE-STORM BEACH PROFILE
l- POST-STORM BEACH PROFILE
ONE YEAR AFTER STORM/BEACH REBUILDING

After the storm, the house on the dune will be gone. The other house has a much better chance of survival.
MAJOR PERMIT FEE MATRIX
Applicant: Gerald M. Gaines
Selection Development Type Fee DCM %, DWQ %
(14300 1601 435100093 1625 6253) (243001602 435100095 2341)
1. Private, non-commercial
development that does not $250 100%($250) 0%($0)
involve the filling or
excavation of any wetlands
or open water areas:
I. Public or commercial
E] 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
a commercial development, if $400 100%($400) 0%($0)
General Water Quality
Certification No. 3301 (see
attached can be a lied:
III(C). If General Water
0 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
El involves the filling and/or $475 60%($285) 40%($190)
excavation of more than
one acre of wetlands and/or
open water areas:
I -

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MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: tom steffens
WQ Supervisor: Jim Mulligan
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Gerald M. Gaines
Project Number 04 1332
Recvd From DOT
Received Date 8/13/04
Project Type access road
County Dare
County2
Region Washington
Recvd By Region
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
MA freshwate W7_0 N ? 99-(7) SB 30
A ,155. x.21
(TA-MAT
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Issue n/c tas092204
cc: Regional Office
Central Office Page Number 1
_ N.T.S.
- _ . . ATLANTIC
OCEAN ' Seahaven Cf. _
SITE
SITE
DITGN GE'MHZ LINE Mfdgett Mob7e P RODANTHE N ark RG:
PAMLICO ~ PAMLICO
SOUND z SOUND
- WAVES Z
A PROPOSED AGGREGATE A' PE M ENT V ET TON 0
DRIVE SURFACE EAST R A EG A I TEMPORARY VEGETATION PROPOSED FINISH GRADE ' ATLANTIC F-
~2FT ABOVE EX. SURFACE SEEDING DATES: APRIL 1- SEPT 30 SEEDING DATES: OCT. 1 -MARCH 31 SEED MIXTIfIE APPl1GV10N PATES/ACRE SEEG MIXRAIE APDl1GTI0E1 RATES/ACRE OCEAN Q z ~
2' BANS ~ ~ RrE GIWN SECTI C S CTIO 04 W TLANDS SALVO I~ E N 4 E
- ~ ~ auuoN BmuuoA w Les. ~ ~ (uNHULEED) ~
,D-,o-,a o ,ooo to/ACRE conuN lmLErr ,s Las. w
2) 2a" DIA METAL PIPE F~ ~ ~ PROPO U PROPOSED WETLANDS FILL
SAND BASE APPLY +,aoG ~/ACRE snow. ANCipR sRUw ttt rAacNG wPN ASPFLAI.r, 28-,3-,J 0 5G0 l8/AGRE NEf11NG~ DP A NUItN ANCNGMNG 1001. A DI51( WTIN BUDFS SET NEARLY 9 389
nou Oat vtTLahm5 LINE RIp-RAp FOR STABILI2A'710N s,RUrxr uN BE usm As A uuLCH ANGHGRNC Taa. , ~~~7L4ND5 TO n~' FAST OF TH15 Ll1*E'1 (BOTH SIDES OF CULVERT) 1uluzi 9,389 SF 0.22 AC A
APPLY 4,000 lB/ACRE STRAW. ANCIIDR STRAW BY TACKING WRH ASPll+1T, 1 NETnNG, OR A MULCH ANOHOPoNC TOOL A DRI( YrtIH ESIAA6 SET NEAAY SIPAK;HT CAN ~ USFD AS A MULCH ANCIgRING TOOL N.T.S. o Z
V ~wllip3C~W
DITCH CROSS SECTION A-A' GENE,:aI: PROP - FERRL~R RATE 51K)WN AAE GENERAL REDOMME1mATKN,S; FREOIIENLY AND AMOUNT OF FERRLP1TgN GAN B6T BE UETERNINFD ,HRWGH 5RE SPECIFlC SOIL lESnNG. - MNNIQWICE PROPOSED SILT FENCE _ . ~ Z~ a a~~ao~o~
SAIJSFACFOltY STAFIIlEU110N ANO E1tO5K1N COIRROL REOIIRES A COMPLETE VFI~ETAINE FATVFH. EVEN SMAll EEIflCIIES N 4ECETAiNE COvER CAN EXPAND RAPIDLY AND, R' LEFT LNATFNDED, CAN ALLAW SERIOUS SOIL LASS FROM AN OTHERWISE STABLE SURFACE A SINGLE HEAW RAIN IS OFTEN SUFF1CffNF TO GREATLY ENLARGE FLARE n d~?Uwz a - _ a o_
SPOTS AND l,ff LANCER REPAIRS ARE DEUYED, THE MORE COSTLY THEY BECOME. PROAPT ALTiON WILL kEEP SEDIMEM LASS MID REPAIR COST DOWN. NEW SEEgINGS SHOULD lE RSPECTFD FTIEOlk17RY AND Y!VNIEN4ICE PETtFORMFD AS NlIDEO. R' RILLS Alm GUWES DE143AP, 1F~Y MUST BE Fll1ID IN, RE-SEEDED, Alm MUICtIFD AS SOON AS POSSIBLE C,\flt510lIS MAY BE NEEDED UNDL NEw PLANLS TAKE HqD. U W~+1 OKI-°m~ O° ~S ~WgZJQ
5A VEGETATED MAINTENANCE REQUIREMENTS EXTEND BEYOND THE SEEDING PHASE. ~ ~ ~~°F3~ ~ a "N~~ omgoc~
FILTER STROP 10' GR RVEL SURFACE FILTER STRIP sr~ums.~ BE atlluEn, FEImL>aD, uuuc++En, AND RF5EEDFD u PROMP,Ir AS POSS®lE RFFtmtn"no'I LuY l~E NEEDED TD wa+ruN ~ i z~~Wpa~SF~
~~ZZZgO U ~ U~ O~Q ~
sECTI N a a WETLAND z' z , SECTION a0a WETLAND GENERAL SEEDING SPECIFICATIONS FOR FILTER STRIP • r ~..aVL. L ~ ~ a m°~~mN3
~a~O~~oo~
~ a o
, N3.lbti~
~~-5 ti0 Ol E 19f1d ¢
1 r ~ U
DRIVE CROSS SECTION B-B' t~~~©~~ ~{J~1 ' ¢ p U
~ ~
~ oa
o z ~Q ~ "
w ~ ~ N Z z
~
~N ~o 0 ~ ¢ ~ U N
w W N ~
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r NOTE: I U ~ W N MOTES: ~ ~ = o
FUTURE PROPOSED RESIDENTIAL DEVELOPMENT WILL UTILIZE sr ~ NCAC COASTAL 1 ? Z ¢ O U
MANAGEMENT OCEAN HAZARD EXCEPTION RULE T15A: 0TH ,0309; ,RF„~ I 1. APPLICANT: GERALD M. GAINES ~ O = w
1 . PROPOgD POOEI THIS IS A CONCEPTUAL HOUSE FOOTPRINT SHOWN TO JUSTIFY THE NEED FOR ~ I 3739 MORNINGSIDE DRIVE F 3 cn
PROPOSED ACCESS FILL CURRENTLY PPROPOSED; A MINOR CAMA PERMIT WILL I~ FAIRFAX, VA 22031 0 o O w IY D =
REQUESTED FOR RESIDENTIAL CONSTRUCTION AT A LATER DATE. I FUTURE I D 8 eEGROOM I§ I§ 2. APPLICANT OWNS THE OCEANSIDE LOT INDICATED (THIRD PLATTED LOT FROM EAST} ¢ ¢ ~ ~ ~ THE PROPOSED WETLANDS FILL LIES WITHIN A PRIVATE EASEMENT FOR ~ ~ ~
I~ I `F''i'~, I ~ ADJACENT LOTS (SEE DEED} ~ o ~ ~ w
I rn ~ ~ ~ ~ ~ 3. AREA OF ENVIRONMENTAL CONCERN: THE GAINES LOT AND PORTION OF ~ N o a
_ J ~-1 THE ACCESS EASEMENT LIE WITHIN THE CLEAN HAZARD AEC DUE TO ~ \ \ \ ~
BLOW UP: i "=50' ~en~ ~ y,,,t~ ^'~1.274 SF EROSION RATES (8.5 FT/YR) AS PER NC DIVISION OF COASTAL MANAGEMENT r
4. PROPOSED WORK: ~
FILL OF 9,389 SF (.22 AC) OF SECTION 404 WETLANDS a ~ z FOR UPLAND ACCESS TO SUBDIVIDED RESIDENTIAL LOTS; WORK WILL INCLUDE
~ INSTALLAT10N OF A DRAINAGE CULVERT IN THE AREA OF THE EXISTING DITCH
FOR EFFECTIVE DRAINAGE; A VEGETATIVE BUFFER WILL BE PLANTED FOR Z ~ o
1- m ~ EROSION CONTROL AND STORMWATER TREATMENT AS SHOWN; SILT FENCE WILL O U ~ BE INSTALLED PRIOR TO GROUND DISTURBANCE. - `
a r/~L~~ I ° k PROPOSED SECTION 404 WETLAND FILL WITHIN AEC: 3,132 SF U
tLf L/2 IM55500'N/ 575°55'00' ~ m 13 ° U L~x1G~y E; ~A5t7T, H~F AI (,38' N75 5500'W 89,45' ~ z GT/?7g,1 r, W"L' . MITI; ~ 138.38' N7555~W ~ ° ~ PROPOSED SECTION 404 WETLAND FILL OUTSIDE AEC: 6,257 SF ~ o® ~ m
~7ARY AGf i ~ 68.72' ~ 50 5$00' 1 . 1.12
I DT'~~„ K I , . 43.1?' 575'5500 IGF 1 ~;a , _ 57.05
- - - - ~ - MIDUETf P'FGBILE P I L E ~ ~O n i. Z - 'o
- - ,ales 4o H~F'
- - . _ L L,. _ t 9 0 U M
i z ~ Y I 1 ~ ~ n
` - I„ 75° p M S4G4R/A 12.L T1?L',5T ~.paN ~ ~ti ' 1Y i if Q N ~1 ~ 1'41=' ~ ~ ~ z
~I ~ l r V I ,
1~_ PRaPOSm CUL4ERTS PROPOSEp SECTION OW Ytocaal f .,,I I N7$n N 55r~°~, I ~ Z = ~ ~G,MiA R5FN 1 ~ ~>78e,4s W ~ ~
~TIANO FlLL (9,369 ~~W _ X48.3/' 755500"h'~ I BYLGM- 03/OP?P4 i norms Z Q O Z
K~F . 9 ~ Q Y _ _ ~ _I (n o
~1'~N T. KME FINE ~'~5 _I-___ ~ w _ _ _ a.
i rn ~ ~
~ o ~ o m w
~ - z o cn o a
Q U
Q Q W ~ C N ~ w
L ~ G W Q w
U V y
U ~
~ Q
NOTE: O W ~ F
SECTION 404 WETLANDS HAV 4 z JETLANDS HAVE BEEN DELINEATED BY QUIBLE ~ a
AND CONFIRMED BY USAGE C ~ ~ o BY USACE ON 3-29-04 W ~
Z L1.
GRAPHIC SCALE O ®Z
NOTE; goo o ~o Lao zoo +oo PROPOSED SECTION 404 WET ~ a ;T10N 404 WETLANDS FILL WITHIN THE AEC IS 3,132 SF; 11
THE REMAINING 6,257 SF OF 6,257 SF OF PROPOSED FILL THAT INCLUDES CULVERT PLACEMENT
AND DITCH FILL IS OUTSIDE Z L IS OUTSIDE THE AEC N -
W Z Z
( IN FEET CALL TOLL FREE 1 inch = 100 ft.
NOTE: 1-800-632-4949 Q ~
THE SUBJECT LOT WAS PLAT1 OF THIS IS FOUND IN EXHIBIT OT WAS PLATTED AND RECORDED 1960. DOCUMENTATION ~ IND IN EXHIBIT A OF THE DEED INCLUDED IN THIS PACKAGE.
BEFORE YOU DIG 1
COMMISSION N0. 04009
CAROLINA ONE CALL DESIGNED BY
BDR/JSL
NOTE: DRAWN BY
THE DATA LINEN ON THESE PUNS IS BELIEVED TO BE AOCURATE_ BUT lHE ACCURACY IS NOT BDR
GUARANTEED. THE CONTRACTOR a RESPONSIBLE FOR VERIFYING ALL LEYEIS~~LOCAT M~~ES, CHECKED BY
AHD DIMEN570NS OF THE NO PR10R TO CONSTRUCTION. !F A DISCREPANCY IS FOUND, WORK SHALL CEASE AND THE ENGINEER
NOTIFlED. WORK YAY CONTINUE UPON ENGINEERS N011CE TO PROCEED. ISSUE DATE
4-19-04
SHEET N0.
DRAWING FILE: 04009
PLOT SCALE: 1'=100' il 1 SHEETS