20041823 Ver 1_COMPLETE FILE_20041110

IN REPLY REFER TO
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
February 4, 2005
Action ID No. 200510059 and State Permit No. 13-05
Jon Scheinman ftft?wg
3901 Liberty Street f
Kansas City, Missouri 64112 FEB 9
A I P
P ro?-W D4- I ?13
Dear Mr. Scheinman: DFNR_ 2005
DSANSi4WU lry
Reference your application for a Department of the Army perNpyplace 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,
"4"
Raleigh Bland, P.W.S.
Regulatory Project Manager
i
-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 II, 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
-3-
Mr. David Rackley
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

f
Permit Class Permit Number
NEW p ?QL5
STATE OF NORTH CAROLINA 1 r
Department of Environment and Natural Resources JAN 2 8
and Coastal Resources Commission DM WAS QUAD T
,Perm i t ANDSI'ORAtVIrA7ERsi: P,fi;H
for
X Major Development in an Area of Environmental Concern
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 workplari 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.
Retaining Wall
1) The alignment of the authorized retaining wall shall be staked by the permittee in accordance with
the attached workplari 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
qualified persons within twenty (20) days of the issuing date.
An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2008.
In issuing is permit, the ?State o o arolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
'i)-
V harles S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Jon and Danny Scheinman Permit #13-05
Page 2 of 3
ADDITIONAL CONDITIONS
3) The retaining Eva11 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.
t
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.
00?WAT? Q
CO I [D . TG7
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 21, 2004
Jon and Danny Scheinman
3901 Liberty St.
Kansas City, MO, 64112
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1823
Dare County
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 10,
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 (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 LAMA. 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 21-1.0506 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
404/LAMA Wetlands 0.031 (acres) DCM Staff Report
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: httyflh2o.enr.state.no.us/ncwetlands
N Carolina
oe
Natmally
An Eoual oDoortunity/Affirmative Action Emglover-50% Recvcled/10% Post Consumer Paoer
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, /
r-
f?/1 Alan W. Klimek, P.E.
AWKlcbk
Enclosures: GC 3351
Certification of Completion
cc: Kendall Turnage, P.O. Box 3368, Kill Devil Hills, NC, 27948
Doug Huggett, DCM
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
Fr1i?`C'op?
Central Files
Filename: 041823 Scheinman(Dare)401
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 n A v Q 13
V U b?D
MEMORANDUM:
NO V 1 0 2004
TO: Mr. John R. Dorney
Environmental Biological Supervisor W wcs WATER
Division of Water Quality
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 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

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Jon and Danny Scheinman
041823
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 Quad GPS: C1102204
3. INVESTIGATION TYPE: CAMA / D & F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit: November 2, 2004
Was Applicant Present - Yes
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.

Jon and Danny Scheinman, Dare County
FIELD. INVESTIGATION REPORT
Page 3
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
a
I
CAMA MAJOR NARRATIVE
Jon Scheinman and Danny Scheinman
42175 Shallow Point Drive
Avon, NC
The site is currently vacant and all proposed amenities per the plat will have to be constructed.
V, V.0 PB5E0
Theyseptic system has been placed as far landward of the 1347 SF of 404 wetland fill will be required to
attain adequate septic setbacks. A conventional septic system has been proposed in anticipation that the
Dare County Health Department may place a moratorium on the approval of peat based biofiltration septic
systems in the near future. This site layout as shown, was based upon a site plan by Freddy D. Rankin,
PLS. The septic system as shown is proposed in the most suitable soils on the site, to attain the highest
loading rate to minimize septic system size. The proposed location will place the septic system as far
landward as possible from the NWL and wetlands to attempt minimize wetland impacts to only that
necessary to attain adequate setbacks for the septic system. The 1347 SF of wetland fill will allow for this
system and home to be constructed.
An 84.5 LF Wooden Retaining wall will be constructed along the edge of the fill area, tying into
highground on both sides of the fill area. This retaining wall and filter cloth landward of this wall will
serve to prevent inadvertent fill in wetlands and to force stormwater runoff to infiltrate landward of this
retaining wall.
The applicant is willing to mitigate for the wetland impacts by in-lieu payment to the NCEEP.
The NCEEP has been contacted to and requested to provide the Scheinmans 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 contain fill and infiltrate stormwater
Construct single family residence with associated wood decks and stairs
Construct septic system
Construct concrete driveway (total of 986.8 SF)
Total Disturbed Area: 6505 SF
Total Wetland Impacts: 1347 SF Impacted by earthen fill
Total Area within 75 ft AEC: 12,126.86 SF
Impervious Area within the 75 ft 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. APPLICANT
a. Landowner:
Name: Jon Scheinman and Dannv Scheinman
Address: 3901 Liberty St.
City Kansas City State MO
Zip 64112 Day Phone [phone]
Fax: [phone]
b. Authorized Agent:
Name Environmental Professionals, Inc.
Address PO Box 3368
City Kill Devil Hills State NC
Zip 27948 Day Phone [phone]
Fax [phone]
c. Project name (if any) None
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
Avon
c. Street address or secondary road number
42175 Shallow Point Drive

d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Askins Creek
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.
Fill 1347 SF 404 wetlands to attain septic setbacks, ,
Construct 84.5 LF Wooden Retaininp, Wall,
Construction of single family dwelling, decks, concrete
driveway and septic system.
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 Narrative
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 0.41 acres 17,670.58 SF
b. Size of individual lot(s) N/A
c. Approximate elevation of tract above MHW di Nom'"
0-4 ft
d. Soil type(s) and texture(s) of tract
Sand
e. Vegetation on tract Juniperus virginiana, Phrai;mites
autralis, Iva frutescens, Toxicodendron radicans,
Spartina patens, Myrica cerifera, Althaea ocinalis,
Juncus roemerianus, Baccharis halimifolia
Form DCM-MP-1
e. Man-made features now on tract: Power pole, water
lines survpy markers
g. What is the CAMA Land Use Plan land classification
of the site? (Consult the local land use plan.)
Conservation Transitional
Developed Community
Rural X Other
(Limited transition)
h. How is the tract zoned by local government?
Residential
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance certificate, if applicable)
Has a professional
done for the tract? _
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) X Other X
If yes, has a delineation been conducted? Yes
(Attach documentation, if available) USA CE approval attached
in. Describe existing wastewater treatment facilities.
None existing, Proposed system shown on plat
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
directed to stormwater basin, wastewater field as
shown
o. Describe existing drinking water supply source.
Dare Coun Water system, RO Derived
5. ADDITIONAL INFORMATION
archaeological assessment been
_ Yes X No

• 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 1/2" by 11" white paper. (Refer to Coastal
Resources Commission Rule 710203 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.
OA 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 that such owners have
received a copy of the application and plats by
certified mail. Such landowners must be advised that
they have 30 days in which to submit comments on the
proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name Paley Mid eg tt Company L.L.C.
Address PO Box 506 Hatteras NC 27943
Phone
Name Ronald J. Matlock Jr.
Address 3233 E. Briarwood Terrace. Phoenix AZ 85048-7844
Phone
• A list of previous state or federal permits issued for
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
Environment, Health, and Natural Resources (DEHNR)
to cover the costs of processing the application.
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
• 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.
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 ke?tita (? TL<Y ?i e
?j
Signature
-fie ndowner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
NOTE. Please sign and date each attachment in the space
provided at the bottom of each form.

X DCM MP-2 Excavation and Fill Information
X DCM MP-3 Upland Development
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 feet.
Average Final
Existing Project
i.ennth width Depth Depth
Access
channel
(MLW) o:
(NWT,)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock (rip rap)
breakwater
Other
404 wetland fill
1347 SF odd shapes
area
N/A -------
N/A ------- -------- -------
N/A
N/A
N/A ------ ------- -------
N/A
See plat See plat
+1.5
+5.5

1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards N/A
b. Type of material to be excavated N/A
c. Does the area to be excavated include coastal
wetlands? Yes No N/A
d. Highground excavation in cubic yards N/A
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area N/A
b. Dimensions of disposal area N/A
c. Do you claim title to disposal area? N/A
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
Maintenance? Yes No N/A
If yes, where? N/A
Revised 03/95
Form DCM-MP-2
e. Does the disposal area include any coastal
wetlands(marsh), SAVs or other wetlands? N/A
Yes X No
f. Does the disposal include any area in the water?
Yes X No NIA

X Yes No
If yes,
(1) Amount of material to be placed in the
water None
(2) Dimensions of fill area Odd shaped 1347 SF
Area ( See Plat)
(3) Purpose of fill Allow for the septic system
3. SHORELINE STABILIZATION N/A
***See Retaining Wall in Section 4
a. Type of shoreline stabilization N/A
N/A Bulkhead N/A Riprap
b. Length N/A
c. Average distance waterward of MHW or NWL
N/A
d. Maximum distance waterward of MHW or NWL
N/A
e.
f. Type of bulkhead or riprap material
N/A
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap N/A
(2) Bulkhead fill N/A
h. Type of fill material N/A
I. Source of fill material N/A
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
to meet required setbacks from wetlands
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
X Yes No
(404 wetlands only)
--Coastal wetlands not impacted
--An 84.5 LF Retaining Wall will be constructed to
contain this fill material and to force stormwater to
infiltrate
5. GENERAL
a. How will excavated fill material be kept on site
and erosion controlled?
No excavated material
b. What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge)?
Dump truck and front end loader
Silt fence will prevent inadertant fill in adjacent
wetlands
c
Will wetlands be crossed in transporting
Equipment X Yes No
If yes, explain steps that will be taken to lessen
Environmental impacts.
The wetlands crossed are also to be filled
Jon Scheinman and Dannv Scheinman
Applicant or Project Name
Signature '
Date
Shoreline erosion during preceding 12 months
N/A
(Source of
information)
Revised 03/95
Form DCM-MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit,
Form DCM-MP-l. 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.
Construction of a single family residence, concrete driveway
and septic system
b. Number of lots or parcels 1
c. Density (give the number of residential units and the units
per acre) 1 per 0.41 acres
d. Size of area to be graded, filled or disturbed including
roads, ditches, etc. 1347 SF wetlands filled to attain
septic setbacks, 5158 SF additional
disturbance in uplands
e.
f. List the materials (such as marl, paver stone, asphalt, or
or concrete) to be used for paved surfaces.
Concrete driveway
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. 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
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 N/A LESS THAN ONE ACRE
If yes, date submitted
i. Describe proposed method of sewage disposal.
Conventional type system proposed
j. Have the facilities described in Item i. above received
State or local approval? No
(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
1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
Dare County Water System, RO derived water
m. Will water be impounded?
If yes, how many acres?
_ Yes X No
N/A
n. If the project is an oceanfront development, when was the
lot(s) platted and recorded?
N/A
Jon Scheinman and Dannv Scheinman
Applicant or Project Name
Signature 6f
Date
j ;?
J.S. ARMS' CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action 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 verified by the Corps.
X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water
Act (CWA)(3S USC § 1344). Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delirieatiori surveyed: Upori coiipl'etiori, this survey should be reviewed. and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on 8/12/2004. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at [phone] to determine
their requirements.
Remarks: C
Corps Regulatory Official: N ????=?9 ?/U`'• /.
Date 08/12/2004 Expiration Date 08/12/2009
Page 1 of 2
11/ 174/'Lf7n4 1-1:1f 'LOY441tI tZI h-NVINUNMLN I AL h'KUFE5 PAGE 02

4, 2004
PLANNING FOR
A BETTER
ENVrRONMENTNC Eoosystem Enhancement program
1619 Mail Service Center
Raleigh, NC 27699-
RF- Jou Schebman Brad Danny Scheinman, In Lieu Payment Request for Mitigation
To Whom It May Concern:
Our clients ice Scheme and Danny Scheinman are applying for a CAMA Major permit that
1347 SF-(0.031 awes) of wetland fill in riparian wetlands in Avon, NC are is requesting In lieu
wetland impacts associated with their project in Avon, NC. The Army Corps of Engineers and
of Water Quality will require the Scheinmans to purchase a minimum of .062 acres of riparian
mitigation from your office (a minimum of a 2:1 ratio for the wetland impacts is required).
Please provide Environmental Professionals Inc. with a response that the NCEEP is willing to
payment to meet the mitigation requirements. Please provide instructions for the payment pros
Please do not hesitate to call us if you have say questions.
Sincerely
Environmental Professionals,
Kendall Turnage
Cc: Dennis Hawthorn,, NC DWsin,of Coastal Management
merit for
Division
i as well.
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948-336 • 252.441-0239
FAX: [phone] • EMAIL: environmentalprogearthlink.net
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MAJOR PERMIT FEE MATRIX
Applicant: Jon & Danny Scheinman
Selection Development Type Fee DCM % DWQ %
(143001601 435100093 1625 6253) (24300 1602 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:
H. 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 a lied:
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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041823

MEMORANDUM
TO: John Dorney Regional Contact: tom steffens
Non-Discharge Branch WQ Supervisor: Jim Mulligan
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Jon & Danny Scheinman County Dare
Project Number 04 1823 County2
Recvd From DCM Region Washington
Received Date 11/10/04 Recvd By Region
Project Type single family home
Certificates Stream
Permit Wetland Wetland Wetland Stream --Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
CAMA freshwate W-7-0 N [__ 30-22-24 SA HQW 30,155. 0.03 F-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? O Y O N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Issue n/c
cc: Regional Office
Central Office Page Number 1
Regulatory Division
Action ID No. 200510059
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
January 10, 2005
JAN 1 3 2005
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:
RIR@[Ruwr?@
WETLANDSMD STTDRMINATEELRIBBRRANCH
0 ;-I- I vj
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