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HomeMy WebLinkAbout20000702 Ver 1_COMPLETE FILE_20000525State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director wow NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES July 25, 2000 Dave County DWQ Project # 000702 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. George Mendelson 4612 Sunflower Drive Rockville, MD 20853 Dear Mr. Mendelson: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 640 square feet of waters for the purpose of stabilizing a shoreline at Lot 40-C, Parcel A and B (SR1219) as described in your application dated May 25, 2000 and modified in a letter from your consultant dated July 18, 2000. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3274. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Water shed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This Certification replaces one issued to you on June 23, 2000 This approval is only valid for the purpose and design that you described in your application except as modified below. 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 wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Applicant is allowed. to construct a wooden breakwater with marsh plantings 20 feet waterward of NWL. If you do not accept any of the conditions of this certification, 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 John Dotney at 919-733-9646. Attachment cc: Corps of Engineers Washington Field Office Washington DWQ Regional Office File copy Central Files Doug Huggett, DCM George Wood; Environmental Proffesionals Sinc ly, I' 4t iu?rr . Stevens r F? / Wetlands/401 Unit • Division of Water Quality • Non-Discharge Branch 1621 Mail Service Center Raleigh NC 27669-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O. Box 1000 Washington, North Carolina 27889-1000 IN REPLY REFER TO July 5, 2000 Regulatory Division 0 ?L- Action ID No. 200011171 U U Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Dear Mr. Huggett: Reference the application of George Mendelson for a Department of the Army (DA) permit to place rock riprap material along the shoreline and construct a pier and a platform, on property located off State Road 1219, in the Swan View Shores Subdivision, adjacent to the Albemarle Sound, in 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. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said'structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 3. The riprap material will be placed immediately adjacent to the shoreline and contour the alignment of the natural shoreline. -2- d 4. The height of the riprap material waterward of tidal wetlands shall not exceed six inches above the adjacent wetland substrate at any point along its alignment. 5. No vegetated wetlands will be excavated or filled. 6. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 7. The riprap material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 8. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Division, telephone (252) 975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager Copies Furnished: Mr. John Dorney ater Quality Section Division of Environmental Management North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1621 -3- Mr. Garland B. Pardue U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. William L. Cox, Chief Wetlands Section - Region IV 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 ENVIRONMENTAL PROFESSIONALS INC? PLANNING FOR A BETTER ENVIRONMENT 1Y July 18, 2000 Mi. John Dorney N.C. Department of Environment & Natural Resources North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27669-1621 Dear Mr. Dorney, ?t \6 This letter is with reference to DWQ Project #000702 Mr. George Mendelson and the conditions for approval contained in your correspondence of June 23, 2000. This letter is to clarify what apparently is a misunderstanding of the application regarding the breakwater alignment. The proposed rock rip-rap will extend no further than 2 feet waterward of the normal water level; however, the proposed breakwater is to be established further off shore so that marsh planting can occur landward of this structure. I would appreciate your clarification of the conditions in your letter so that this wooden breakwater can be constructed in such a manner as to promote a vegetated shoreline buffer erosion control at the site. Sincerely, Environmental Professionals, Inc. If you have any questions regarding this matter, do not hesitate to contact me. GHW:kac Aeorg H. 'VVo d, CEP cc: Mr. George Mendelson 4612 Sunflower Drive Rockville, MD 20853 JUL 2 0 2000 L Via Iiacsimile.& Mall 10 V, vv??, P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948-3368 • 252-441-0239 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director g1kF,!?F,As Ao& NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 23, 2000 Washington County DWQ Project # 000702 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. George Mendelson 4612 Sunflower Drive Rockville, MD 20853 Dear Mr. Mendelson: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 640 square feet of waters for the purpose of stabilizing a shoreline at lot 40-C, Parcel A and B (SRI 219) as described in your application dated May 25.2000. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3274. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stornwater, Non-Discharge and Water Supply Water shed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. 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 wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. I . Applicant is allowed to construct a wooden breakwater with greenings or riprap structure two feet waterward of the normal water level. If you do not accept any of the conditions of this certification, 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 hearini, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 John Domey at 919-733-9646. Sinc rely, evens, Attachment cc: Corps of Engineers Washington Field Office Washington DWQ Regional Office File copy Central Files Doug Huggett; DMC George Wood; Environmental Professionals S6kl t 'f0 EILE Division of Water Quality - Non-Discharge Branch 1621 Mail Service Center Raleigh NC 27669-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper' DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 2. LOCATION OF PROJECT SITE: Lot 40-C, parcel A and parcel B, on Swan View Shores Drive (SR1219), Swan View Shores Subdivision, Colington Island, Dare County. The property is accessed by a dirt drive on the south side of the cul-de-sac, at the end of Swan View Drive. Photo Index - 1995: Not Available 1989: 1 45-1 F & G 11 1984: 137 498 F 14, H 15, G 15 APPLICANT'S NAME: George Mendelson State Plane Coordinates - X: 2976 200 Y: 833 000 3. INVESTIGATION TYPE: CAMA Dredge/ Fill 0O®l ®z 4 INVESTIGATIVE PROCEDURE: Dates of Site Visit - May 11, 2000 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - April 18. 2000 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Dare County Land Classification From LUP - Conservation (B) AEC(s) Involved: Coastal Wetlands, Estuarine Shoreline, Estuarine Water and Public Trust (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing Planned (F) Type of Structures: Existing Planned (G) Estimated Annual Rate of Erosion: Source - Applicant - Water Sewer - NIA - None - Riprap shoreline, wooded breakwater and a pier and platform 2'-0" 7. HABITAT DESCRIPTION: [AREA] DRFDGFn FT1 T Fn Query (A) Vegetated Wetlands (B) Non-Vegetated Wetlands Shallow Bottom and Estuarine Water and Estuarine Water: 640 s.f. Public Trust Water: 1,480 s.f. (C) Other Walkway to pier: 60 s,f. dacw (D) Total Area Disturbed: 2,180 s.f. (.050 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No George Mendelson May 19, 2000 Page 3 of normal water level (NWL) and will be staggered and overlap five to ten feet, with a five-foot separation between sections. Construction of the breakwater will include equal gaps between each sheathing board and holes in the top boards to equal one inch open area per linear foot of breakwater. 2) The applicant proposes to place riprap along 320' of shoreline, two feet waterward of NWL. The alignment will result in the filling of 640 square feet of shallow bottom and Estuarine Water, and the placement of approximately 24 cubic yards of rock/concrete. The applicant is requesting a permit to place the riprap only in the event that the wooden breakwater "fails." However, neither the applicant or his agent clarified what is meant by the word "fails." 3) The final aspect of the applicant's request is the construction of a 6' x 10' walkway to a 6' x 180' pier with a 20' x 20' platform. Water depths at the end of the proposed pier average two feet below NWL. According to the plan submitted, the pier and platform will be set approximately 150' from the riparian lines on either side of the applicant's property. ANTICIPATED IMPACTS • The placement of the breakwater system will reduce wave energy on the adjacent shoreline and will have the potential of increasing sediment buildup on the landward side of the structure. • The proposed riprap alignment will result in the filling of 640 square feet shallow bottom and Estuarine Water. • The 6' x 10' walkway to the pier will shade 60 square feet of high ground. • The pier and platform will shade 1,480 square feet of Estuarine Water and Public Trust Water. • Temporary turbidity will occur during installation and construction of the pier and the riprap pilings. • The proposed erosion control structures may reduce erosion along the applicant's property. Submitted By: Lynn Mathis Date: May 19, 2000 Form DCM-MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT b. City, town, community or landmark Colington Island a. Landowner: Name George Mendelson Address 4612 Sunflower Drive City Rockville State MD Zip 20853 Day Phone Fax Street address or secondary road number Swan View 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) Buzzard Bay/Albemarle Sound 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name Environmental Professionals. Inc. Address PO Box 3368 City Kill Devil Hills State NC a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Shoreline stabilization with rock rin ran and wooden breakwater: constructing a wooden vier with aplatform. Zip 27948 Day Phone 252-441-0239 Fax 252-441-0721 c. Project name (if any) Mendelson EPI #97-070 NOTE. Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Dare 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. The riparian land owner would like to arm his shoreline with rock rip rap and a wooden breakwater to vrevent further storm erosion to his waterfront property. Rock rip rap will be trucked in and hand placed along the edge of the shoreline, at a maximum of two feet waterward of the NWL. The wooden breakwater will be constructed waterward of the rock rip OR where the shoreline has eroded the most. The owner would like to access the Albemarle Sound by constructing a 200 foot pier with a 20'x 20' platform. The breakwater and pier will be constructed first using a hydraulic pump and hand tools. n -3-8 IM-1 ~ Form DCM-MP-1 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 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 Sterling Webster. IV Address P.O. Box 2716 Phone Kill Devil Hills. NC 27948 Name William D. Bowling Address P.O. Box 130 Phone Clarksville. MD 21029-0130 • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, per mittee, and issuing dates. Nationwide 18 GP -199810037 issued to Cheslev Midgett 10/17/97 • A check for 5250 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. 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 13? day of 20 CC Print Name George C. Mendelson EPI#97-070 Signature landowner or Aud wrmnd dgew Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development X DCM MP-4 Structures Information 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. RPV1CPA ni/Oc 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 N/A 3. SHORELINE STABILIZATION a. Type of shoreline stabilization X Breakwater X Riprap b. Length Breakwater = M0 100' = 300 feet (T U Rock Rip Rap = 320 feet c. Average distance waterward of MHW or NWL Breakwater = /Rock Rip Rap = 2 feet d. Maximum distance waterward of MHW or NWL Breakwater = Rock Rip Rav = 2 feet e. Shoreline erosion during preceding 12 months 2 feet (Source of Personal communique with informarion/ applicant f Type of bulkhead or riprap material Wooden breakwater / Rock rip rap g. Amount of fill in cubic yards to be placed below water level (1) Riprap 24 cubic yards (2) Breakwater Approx. 6 cubic yds. h. Type of fill material Wood and rock 1. Source of fill material Commercial 4. OTHER FILL ACTIVITIES N/A (Excluding Shoreline Stabilization) a. Will fill material be brought to site? N/A Yes No N/A If yes, (1) Amount of material to be placed in the water N/A (2) Dimensions of fill area N/A (3) Purpose of fill N/A b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? N/A Yes X No 5. GENERAL a. How will excavated fill material be kept on site and erosion controlled? Breakwater and rip rap size sufficient to prevent shoreline erosion by wave energy b. What type of construction equipment will be used (for example, dragline, backhoe. or hydraulic dredge)? Wooden breakwater - hvdrauhc pumD and hand tools Rock rip rap - trucked in and hand placed c. Mendelson EPI# 97-070 Applicant or Project Name Signature Date Will wetlands be crossed in transporting equipment? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. Revised 03/95 f IOm HAW BAY o"OTON HARD" Z RD. SR 121 o Fi ALBOMRLE t2 SOUND ` SITE BUZZARD BAY ` w 'T Lj• N v C. IL 144 -..d BOWLING LOT 39 ?0 RGE RGE N EDEL MERRY R. MEN ON LOT 40-C (*A114 SF.) ?75' AEC ww GEORGE J.NIIDELSON E OPEN SPACE A` - ,wno AL . ? STERLING WEBSTER, IV PARCEL, 1. P.C. G SL 167E 1?It? I 1 Ak 1 AL AL STERLING WEBSTER. IV i ravwm w at PARCEL Z P.Q L. SL 167E 7AL , , , NO11-' SNW WW ION-AINO S3SOdSnd OMLLRN3d NQI. OLO-L6 BOP MO ;718 a3M3LA3a Ma :A9 NMVHO 00/9/f Ava MV3 31ON :31V3S VNI108VO HINON )dNf100 38VO NOIDNIl00 S3NOHS M31A NVMS 8 V V 1308Vd V 00i, 103 N0I1d013ddd 1IMOd 80ryN dWb0 NOS1303W 'f 308030 Z 30 Z 39Vd (XVct) IZLO-I46(m) 6CZ0-Itt(M) 866LZ ON'ST7TH'IMHU llrA 8960 X09.O•d AV/V1I4994 NVIVOID 'N 018Z lWaMOJIAUR . gff a J0j,2Unn j ONI 'S7 VNOISSNO?Id 'IVINH NO2IIAN3 ,z=.T R33d0S 3Id13Q N31dM)gV3N(l s walk L Cw i 48 R / wL PROPOSED ' / WOODEN BREAKWAI WER `_ ;4 GEORGE J GEDELSON & MER(RYY MME DELSONR AL AL PARCEL A/CXORGE Nto R E 1LIEOELSON R MERRY . IIa 11 13M (oB t t Pro 1t1 ` P CEL B (PC SL 163) A . ] DwµE?1o• y-%EnAND$ z A nANDS STERLING WEBSTER,IV PARCEL 1, P.C. C. SL JaN , S.+ar1aJ1? .?\??? PARCEL il4 8/24A2 N/E '. / STERLING MIS IV ` W OODE EAKWATER fI4. X2r' `AL / NN4? 0' PROPOSED WAD D ROCK RIP TO ADJOIN ADJACENT PROPEATT OV04M PROPOSED ROCK RP RAP / (320 tWAR Rtt K 2 RET) / RIPARIAN OCFWOR / ADJACENT SNOHEIPOES. APPROX S MRES TO ROAIOKE ISIAtD / APPROX ° LIKES TO MANNS HARBOR i I t t STERLING WEBSTER. IV i PARCEL 2. P.G C, SL WE Jt ® PROPOSED PIER ® PROPOSED BOARDWALK ® PROPOSED ROCK RIP RAP PAGE I OF 2 ENVIRONMENTAL PROFESSIONALS, INC. GEORGE J. MENDELSON Plannuig for a Better Environment CAMA MAJOR PERMIT APPLICATION 2810 N. CROATAN I IIGI iWAY 1.01 40C & PARCEL A & 8 P.O. BOX 3368 SWAN VIEW SHORES KILL DEVIL HILLS, NC 27948 C01_INGTON DARE COUNTY NORTH CAROLINA (252)441-{)239 (252)441-0721 (FAX) SCALE: 1"100' OATS: 4/5/00 DRAWN BY. RW RENEWED BY. GW JOB . 97-070 /? oc A? BOWLING LOT 39 ? RG J.Nt?EDELS MERRY R. MENDEL / LOT 40- 4 (l3S,tt4 SF.) ?75' AEC OPEN S` A( Ak AL AL AL AL m FOR" or WK r'a1°'L° sr AOQ1? ' ?OlOrt O1?M 1 ¦ mwm wGllla 114 \- N AL *FOR PERWITINO PtRT osLs ONLY--NOT FOR CONS FnXIM *Sk% WP TAKER FROM SEABOARD SIIRVEYINO « PIANIRIO .+ v L _ l: f `JT• Ncri ?,• to ' 't' .y,it?,?y,^ -`? ? ,. ^,.?'?t K.a?`? Vl? \ T f7? ?`•U .17 Z .1 A, t i . v „? 1 •tfr ?:' ©• 3 ? e s, Tie;?ti?'a h ? Q3?'? ' ...•`Lr.t?t ? _ ,. _ '" 1 ? 1. - ? i?? V. L: >L..` ' (A{t ?. •. •. { ?'?. tom'. ?,,.''•-? 1? -.rr? '.??•`?'Gr.? ?•,??... _ - .. ... .. :ter.,,.. .;. •_ - A• t ri wa• ?t'? .. t ?? + ji, CuA 1 < 4 t, 11 v . Yf r 3 «.r 'r ? ? tr rs ? ? •?jr.?t i flZ • vCa 'tit a f r••` .? r/s,• t • WDATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands delineation Manual) Environmental Professionals, Inc. PO Box 3368 Kill Devil Hills, NC 27948 Project/SitcP' 6-,,.,,.,(--) --,,t .i- 51 -.? vl" - Date: 5/ s -/ro` Applicant/Owner: C kJ "7 /N c aE'9 I , i ? ( County- yZ nvest gator: o n•,s otx . State: /V- Qr, Do Normal Circumstances exist on the site? (Yes ? No Community ID: Is the site significantly disturbed (Atypical Situation)? ? Yes No Transect ID: Is the area a potential Problem Area? ? Yes [aNo Plot ID: if needed, explain on reverse. VEGETATION Dominant Plant Species -U111 Indicator Dominant Plant S cs Stratum Indicator 1 1. ,16 at/ 537. 3 -• 9. 2.L,',; .?.usl? r.?.! /v -7. ,izG 7-- 10. 4. Pwj1 ••,?sFs cs Q-:.. r,., 4!. frig - j L- s - ° 12. .1 4.0/ 'lorl 13. 6. 5. 0 14 . 7. 15. 8. ' 16. Percent of Dominant Specks that are OBL. FA(---,, or FAC (excluding FAC-). r 5 OJ Remarks: .-- HYDROLOGY ? Recorded Data (Describe in Remarks): ? Stream, Lake, or Tide Gauge ? Aerial Photographs ? Other. [?Wo Recorded Data Available Field Observations: Depth of Surface Water : Depth to Free Water in Pit: Depth to Saturated Soil: Remarks:ww/? Wetland Hydrology Indicators: - Primary Indicators: ? Inundated ? Saturated in Upper 12 Inches ? Water Marks ? Drift Lines ? Sediment Deposits ? Drainage Patterns in Wetlands Secondary Indicators (2 or more required): ? Oxidized Root Channels in Upper 12 Inches ? Water-Stained Leaves ? Local Soil Survey Data ? FAC-Neutral Test ? Other (Explain in Remarks) (in.) >/)L (in.) _2 (in.) 5 Nat- ?v?S-f•--V DATA FORM -ROUTINE WETLAND DETERMINATION (1987 COE Wetlands delineation Manual) Environmental Professionals, Inc. PO Box 3368 Kill Devil Hills, NC 27948 Project/Site: PA-1 -V a M ? C I ff? Date: yf 3g?Y 7 'P Applicant/Owner: - County: L>,,-Q_ Investigator: ; n-5 State: Al . (L. Do Normal Circumstances exist on the site? ® Yes ? No Community ID: Is the site significantly disturbed (Atypical Situation)? ? Yes K No Transect ID: Is the area a potential Problem Area? ? Yes No Plot ID: If needed, lain on reverse.) I VEGETATION Dominant Plant Species Struum Indicator Dominant Plant Species Stratum Indicator 1. .) I- J o ? /0% 1 Lam 3-1 9. 2. -7 .? 10. 3. Tlc??(.?- G•o? p ?o I ' I 11. 4. ... ...,.5.._ st/? i,.rl a .??. • ° i 12. S ,. /.. crl 7.0 13. J 3.- 14. 7. ! 15. + 8. I i 16. Percent of Dominant Species that arc OBL, FACW, or FAC (excluding FAC-). > Sao Remarks: ?'?'? i, e o. t• :. - .- ?,.?y. ----f HYDROLOGY [ Recorded Data (Describe in Remarks): ' Wedand Hydrology Indicators: ? Stream, Lake, or Tide Gage Primary Indicators: ? Aerial Photographs F?cl Inundated ? Other No Recorded Data Available Saturated in Upper 12 Inches Water Marks Drift Lines Field Observations: ® Sediment Deposits Depth of Surface Water : (in.) ? Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depth to Free Water in Pit: D (in.) ? Oxidized Root Channels in Upper 12 Inches ? Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: O (in.) (FAC-Neutral Test Other Ex lain in Remazks Remarks: ATEVI.I?AWA NWENR JAMES B. HUNT JR. GOVERNOR MEMORANDUM: BILL HOLMAN' TO: SECRETARY DONNA D. MOFFITT FROM: DIRECTOR SUBJECT Applicant: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT NAY 2 5 2ov May 23, 2000 ?f John R. Dorney, Environmental Biological Supervisor Division of Water Quality Doug Huggett 0 0 0 7 0 2 Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review George Mendelson Project Location: Lot 40-C, Parcel A and Parcel B, on Swan View Shores Drive (SR 1219), Swan View Shores Subdivision, Colington Island, Dare County. The property is accessed by a dirt drive on the south side of the cul-de-sac at the end of Swan View Drive. Proposed Project: The applicant would like to 1) construct a wooded breakwater system across 290' of shoreline, 20' from normal water level, 2) place riprap along the entire 320' of shoreline (riprap will only be placed along the shoreline if the wooden breakwater fails), and 3) construct a 6' x 180' pier with a 20' x 20' platform. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 14, 2000. If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with suppqrting data is requested. REPLY: \/ This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. lP ? SIGNED DATE ELIZABETH CITY REGIONAL OFFICE ..Z 4 7909 PHONE: 252-264-3901 FAX: 252-264-3723 A E UAL OPPORTUNITY / AFFIRM TIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST-CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: Brad Shaver WO Supervisor: Roger Thorpe Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name George Mendelson Project Number 00 0702 Recvd From DCM Received Date 5/25/00 Recvd_By Region 5/25/2000 Project Type pier County Dare County2 Region Washington Certificates Stream Stream Impacts (ft.) W.? Permit Wetland Wetland Wetland Stream Class Acres Feet i r: 1 Type Type Impact Score Index Prim. Supp. Basin Req. Req. CAMA F- WT _0N ? 30-21 SA F_ 30,155. 0.00 F_- F- F__ Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? Q Y 6 N Did you request more info? Q Y (0 N Have Project Changes/Conditions Been Discussed With Applicant? Q Y * N Is Mitigation required? Q Y 0 N Recommendation: pQ Issue 0 Issue/Coed O Deny Provided by Region: Latitude (ddmmss) 355950 Longitude (ddmmss) 754209 Comments: The applicant wants a permit with his own condition included. He wants to first build a wooden breakwater with openings for flushing and then fails construct a rip rap structure which will be 2 feet water ward of the NWL_ I not exactly sure how to handle a permit with a construction condition. It does not appear that either of the proposals will violate water quality standards but I did not know how the Central Office would like to handle a "what if " permit condition. cc: Regional Office Central Office Page Number 1 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: George Mendelson ?. LOCATION OF PROJECT SITE: Lot 40-C, parcel A and parcel B. on Swan View Shores Drive (SR1219), Swan View Shores Subdivision, Colington Island, Dare County. The property is accessed by a dirt drive on the south side of the cul-de-sac, at the end of Swan View Drive. Photo Index - 1995: Not Available 1989: 1 45-1 F & G 11 1984: 137 498 F 14, H 15, G 15 State Plane Coordinates - X: 3976 300 Y: 833 000 3. INVESTIGATION TYPE: CAMA Dredge/ Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - May 11. 2000 Was Applicant Present - Yes 3. PROCESSING PROCEDURE: Application Re`eived - April 18. 2000 Office - Elizabeth Cirv 6. SITE DESCRIPTION: (.A) Local Land Use Plan - Dare County Land Classification From LUP - Conservation (B) AEC(s) Involved: Coastal Wetlands, Estuarine Shoreline, Estuarine Water and Public Trust (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existin, Planned (T) Type of Structures: Existing Planned (G) Estimated Annual Rate of Erosion: Source - Applicant - Water Sewer - N/A - None - Riprap shoreline. wooded breakwater and a pier and platform 3'-0" 7. HABITAT DESCRIPTION: [AREA] DREDGM FTI I FT) CusM= (A) Vegetated Wetlands I (B) Non-Vegetated Wetlands Shallow Bottom and Estuarine Water and Estuarine Water: 640 s.f. Public Trust Water: 1.480 s.f. 1_(C) Other Walkway to pier: 60 s.f. (D) Total Area Disturbed: 3,180 s.f. (.050 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No George Mendelson May 19, 2000 Page 3 of normal water level (NWL) and will be staggered and overlap five to ten feet, with a five-foot separation between sections. Construction of the breakwater will include equal gaps between each sheathing board and holes in the top boards to equal one inch open area per linear foot of breakwater. 2) The applicant proposes to place riprap along 320' of shoreline, two feet waterward of NWL. The alignment will result in the filling of 640 square feet of shallow bottom and Estuarine Water, and the placement of approximately 24 cubic yards of rock/concrete. The applicant is requesting a permit to place the riprap only in the event that the wooden break-water "fails." However, neither the applicant or his agent clarified what is meant by the word "fails." 3) The final aspect of the applicant's request is the construction of a 6' x 10' walkway to a 6' x 180' pier with a 20' x 20' platform. Water depths at the end of the proposed pier average two feet below N'WL. According to the plan submitted, the pier and platform will be set approximately 150' from the riparian lines on either side of the applicant's property. ANTICIPATED LNIPACTS • The placement of the breakwater system will reduce wave energy on the adjacent shoreline and wjiI have the potential of increasing sediment buildup on the landward side of the structure. • The proposed riprap alignment will result in the tilling of 640 square feet shallow bottom and Estuarine Water. • The 6' x 10' wallcwav to the pier will shade 60 square fe`t of high ground. • The pier and piauorm will shade 1.480 square feet of Estuarine Water and Public Taut Water. • Temporary turbidity %Oll occur during installation and construction of the pier and the riprap pilings. • The proposed erosion control structures may reduce erosion along the applicant's propem,. Submitted By: Lynn Mathis Date: May 19, 2000 L Form •DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark Colinzon Island 1. APPLICANT a. Landowner c. Street address or secondary road number Swan View Drive Name Geome Mendelson Address 4612 Sunflower Drive City Rockn ille State MD Zip 2085--- Day Phone _ Fax b. Authorized Agent: Name Em-ironmental Professionals. Inc. Address PO Box "368 City Kill Devil Hills State NC Zip 27948 Dav Phone 252-1-11-0239 Fax 252,-:1-0721 c. Project name (if any) Mendelson EPI =9 7-0 70 NOTE: Permit will be issued in name of landownerrsl, and%or project name. 2. LOCATION OF PROPOSED PROJECT a. County Dare d. Is proposed work within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest project (e.g. rn-er. creek. sound, bav) Buzzard Bay/Albemarle Sound 3. DESCRIPTION AID PLA_1INNED USE OF PROPOSED PROJECT a. List all deveiopment activities you. propose building a home, motel, manna, bulkhead, pier. and excavation andior filling activities. Shoreline stabilization with rock rip ran and wooden breaxu-ater- consaucnria a wooden Hier. with a aiatform. b. Is the proposed activity maintenance of an exisurg project. new work. or both? new c. Will the project be for public, private or commerc:ai 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. The riparian land owner would like to arm his shoreline with rock rip rap and a wooden breakwater to prevent further storm erosion to his waterfront property. Rock rip rap will be trucked in and hand placed along the edge of the shoreline. at a maximum of two feet waterward of the NWL. The wooden breakwater will be constructed waterward of the rock rip rap where the shoreline has eroded the most. The owner would like to access the Albemarle Sound by constructing a 200 foot pier with a 20'x 20' platform The breakwater and pier will be constructed first using a hydraulic pump and hand tools. Revicrd M/OG Form DCM-MP-1 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 pan 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 that such owners have received a copy of the application and plats bN 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 Sterling Webster. r%' Address P.O. Box 2716 Phone Kill Devil Hills. NC 27948 Name William D. Bow-imQ Address P.O. Box 130 Phone Clarksville. MD 21029-0130 • A list of previous state or federal permits issued for work on the project tract. Include permit numbers. permittee, and issuing dates. Nationwide 18 GP - 199810037 issued to Cheslev Mideett 10/17/97 • A check for S250 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 C! .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 he conducted in a manner consistent with such program. I certiry that I am authorized to grant. and do in face permission to representatives of state and federal agencies to enter on the aforementioned lands in conncrtion with eraiuating information related to tns permit application and follow-up monitoring of t.-he prof I tiltthm certify that the information provided in :h:s application is truthful to the best of my knowiedne. This is the I day of i ?- - -)0 r Print Name Georue C. Mendelson EPI=97-0-70 Signan-Te Landowner or Author=ed .Agent Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development X DCM MP-4 Structures Information 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. D-.?--J n7 If?L 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 N/A Yes No N/A If yes, (1) Amount of material to be placed in the water N/A (2) Dimensions of fill area N/A 3. SHORELINE STABILIZATION a. Type of shoreline stabilization X Breakwater X Riprap b. Length Breakwater = Mna 100'=300 feet M-) Rock Rin Ran = 320 feet c. Averaee distance waterward of.MHW or N`WL Breakwater. = /Rock Rin Ran = 2 feet d. ?viaximum distance watem-ard of .M H'Y\' or \"'? 7L Brcakwatcr = Rock Rin Raa = 2 feet e. Shoreline erosion during preceding 12 months 2 feet (Source of Personal communique with inl0r=rion) applicant f. Type of bulkhead or riprap material Wooden breakwater / Rock rip raD g. Amount of fill in cubic yards to be placed below water level (1) Riprap 24 cubic vards (2) Break-water Approx. 6 cubic vds. h. Type of fill material Wood and rock I. Source of fill material Commercial 4. OTHER FILL ACTIVITIES N/A (Excluding Shoreline Stabilization) t5 - a. Will fill material be brought to site? N/A (3) Purpose of fill N/A b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? N/A Yes X No 5. GENERAL a. How will excavated 1-11I material be kept on site and erosion controlled? Breakwater and rill rap size sufficient to Dret'ent shoreline erosion by wave ener b. What type of construction equipment will be used (for example, draQiine. backhoe. or hvdraulic dredee)? A ooaen breakwat_T - hwirattilc ou= and hand, tools Rock nD r-aD - rucked to and hand pia.ced c. WVilI wetlands be crossed in transpor-driE equipment? Yes X No If yes. explain steps that KzII be taken to lessen environmental impacts. .Mendelson EPI= 9;-070 .aap11cant or Project Natnc 'signature l - 1 ~ Datc Revised 03/95 t IOTTY HAW HAY COt1NOfON HARD" 2 \ ALDMARLE SOIRID BUZZARD BAY ??' R? t OPEN ACE AL \ t? COAL a r AL S! BOWLING AL LOT 39 N GEORGE J. EDELS 6c MERRY R. LIEN AL 8e AL LOT 40-C (tss.tts Sr.I „P r ??'M'K ? IL ¦ 1007 VACAI s ` -ly' AEC >L /r GEORGE J_NMEDELSON A MERRY R. MENDELSON AL _i (M tzei PO tttl _. - l4 h / i ANDS STERLING WEBSTER, IV PARCEL 1. P.C. G SL 19N STERLING WEBSTER, IV i PARCEL 2 P.C. C. HL WE )? 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 July 18, 2000 U JUL, 2:112000 WETLANDS GROUP.: WATER UP.LITY T`GT? Action ID No. 200011171 and State Permit No. 110-00 George Mendelson 4612 Sunflower Drive Rockville, Maryland 20853 Dear Mr. Mendelson: Reference your application for a Department of the Army (DA) permit to construct an offshore wooden breakwater, place rock riprap material along the shoreline, and construct a pier and a platform, on property located off State Road 1219, in the Swan View Shores Subdivision, adjacent to the Albemarle Sound, in 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 Division, telephone (252) 975-1616, extension 23. Sincerely, U"-?Z 4WI Raleigh Bland, P.W.S. Regulatory Project Manager -2- Copies Furnished: \l Mr. John Domey Division of Environmental Management North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Mr. William L. Cox, Chief Wetlands Section - Region 1V 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 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Mr. Garland B. Pardue U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Ted Sampson, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 US 17 South Elizabeth City, North Carolina 27909 ONtNWW V ONlU3AWIS UVV(W3S NOW N7NVt ." WVG. 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