Loading...
HomeMy WebLinkAbout20100174 Ver 1_CAMA Application_20100301NODE North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary 20100 17 4 February 26, 2010 MEMORANDUM Q L9 @ E 0kv/ LPM TO: Cyndi Karoly MAR 1. 2010 Environmental Biological Supervisor Division of Water Quality yEs AM?yq FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Hedgepeth Development Corp. Project Location: End of Doris Lane in Point Harbor, Currituck County Proposed Project: vinyl bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/19/10 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi 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 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 1 FAX: 252-264-3723; Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer NorthCarolina vWitrally MAJOR PERMIT FEE MATRIX Applicant: HEDGEPETH DEVELOPMENT CORP; TOBY HEDGEPETH Selection Development Type Fee DCM % DWQ % (14300 1601 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: II. Public or commercial ? development that does not $400 100%($400) 0%($0) involve the filling or excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non- commercial development, if $250 100%($250) 0% ($0) General Water Quality Certification No. 3490 (See attached can be applied: III(B). Public or commercial development, if General $400 100%($400) 0%($0) Water Quality Certification No. 3490 (See attached) can be a lied: III(C). If General Water Quality Certification No. $400 60%($240) 40%($160) 3490 (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) 3490 (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: DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Hedgepeth Development Corp. 2. LOCATION OF PROJECT SITE: Unaddressed site at end of Doris Lane (off cf US Hig way 158), Point Harbor C _1. ;L Eck Ccu„r.?; ad;acent to the Currituck Sound. Photo Index - 2006: 189-7087 (G 8, H 7-8, 17-10, J 6-10, K 7-10) 2000: 189-2294 (G 7, H 7, 16-9, J 6-9; K 6-7 1995: 189-1982 (H 13, 1 13-16, J 12-16, K 13-16) 1989: 1 38-3 (J 6, K 5-6, L 5-8, M 5-8, N 4-8) 1984: 127-710 (16-9, J 6-9, K 6-9 L 9) 1978: 137-451 (N 10-11, O 10-13, P 9-13, Q 10-13) State Plane Coordinates - X: 2946595 Y-867054 Rover File: E122213A Quadrangle: Point Harbor, NC U.R. 3. INVESTIGATION TYPE: CAMA / Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/22/2009 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete - February 24, 2010 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Currituck County Land Classification From LUP - Limited Service and Conservation (B) AEC(s) Involved: ES, EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned - None (F) Type of Structures: Existing - None Planned - Bulkhead (G) Estimated Annual Rate of Erosion: 10 feet/year Source - Applicant 7. HABITAT DESCRIPTION: [AREA, square feet (SF)] FILLED DISTURBED (A) Shallow Bottom PTA, EW AEC's 3,590 SF (B) Estuarine Shoreline AEC 14,131 SF 15,721 SF (D) Total Area Disturbed: 33,442 SF (0.77 acres) (E) Primary Nursery Area: No (F) Water Classification: SC Open to Shellfishing: Yes Hedaepeth Development Corp. Field Investigation Report Page 2 8. PROJECT SUMMARY: The applicant proposes to stabilize an unprotected shoreline with vinyl bulkheading on a 17.65 acre parcel located adjacent to the Currituck Sound. Project Setting The site of the proposed development is located approximately .75 miles north of the Wright Memorial Bridge, accessed through Doris Lane off of US Highway 158, adjacent to the Parkers Landing Subdivision, in or near the town of Point Harbor, Currituck County and adjacent to the Currituck Sound. The property is approximately 17.65 acres in size and has approximately 1,082' of natural shoreline with a steep erosion escarpment of ± 9 feet in height. The elevation of the property is approximately +9 feet above normal water level (NWL) and there are currently no man-made features or uses now on the tract. According to the USDA's Natural Resources Conservation Service's Web Soil Survey, the soil on the property is made up of conetoe loamy sand and is heavily vegetated with upland species such as loblolly pines (Pinus taeda), live oaks (Quercus virginiana), wax myrtle (Myrica cerifera), saw greenbrier (Smilax bona-nox), goldenrod (Solidago spp.) and grasses that are mowed periodically. Coastal Wetland plant species do not exist within the site and it was also determined by Mr. Tom Steffans of the U.S. Army Corps of Engineers that the site consists entirely of uplands with no section 404 wetlands. Based on available information, there appears to be no archaeological sites on this property; however, site # CK32 is located approximately 3300' to the southeast and site # CK5 is approximately 3000' to the northwest. The adjacent riparian property to the north is undeveloped, has a bulkheaded shoreline and is made up of agricultural fields as well as similarly vegetated wooded areas. The adjacent riparian property to the south contains a single family residence with a bulkheaded shoreline. This residence is part of the Parkers Landing Subdivision which partially borders the subject property along the western property line. The Division of Environmental Management classifies the waters within this area of the Albemarle Sound as SC and it is open to shellfish taking. The width of the Currituck Sound at this site is approximately 3 miles. Water depths were field verified and found to be approximately one to two feet below NWL within the shoreline area and gradually reached a depth of -2.5 feet approximately 100' waterward of NWL. The bottom substrate is made up of fine sand and the entire shoreline area is littered with fallen trees. Due to water turbidity, Submerged Aquatic Vegetation (SAV) could not be determined to be present visually; however, the substrate was raked in random places along the entire shoreline and no SAV's or root systems were pulled up. Development Proposal In order to prevent further erosion, the applicant proposes to stabilize the shoreline by constructing ±1,091' of vinyl bulkhead. The proposed bulkhead will tie into existing bulkheads located on the properties to the north and south and will be a maximum of 10' waterward of NWL with an average of ±3 feet waterward of NWL. Bulkhead installation, backfill and grading will result in approximately 33,442 SF (0.77 acres) of disturbance. v Hedgepeth Ddvelopment Corp. Field Investigation Report Pa?Ye 3 Anticipated Impacts • The construction of the bulkhead along the proposed alignment will result in the filling of approximately 3,590 SF of Estuarine Waters and Public Trust Area AFC's with clean fill from an upland source. • The construction of the bulkhead along the proposed alignment will result in the filling of approximately 14,131 SF and additional disturbance of approximately 15,721 SF of Estuarine Shoreline AEC. Submitted by: Ron Renaldi Date: February 24, 2010 Project Narrative: Owner: Harbour Shores Hedgepeth Development Corp. Attn: Allen Toby Hedgepeth Pin Number: 012300000430000 Site Coordinates: N 36d 05' 34.77" W 75d 48' 10.92" RECEIVED JAN 2 8 2010 COASTAL MANAGEMENT ELIZA.BE T H CITY The project site is 17.6 acres on the Currituck Sound to the north and east of Parker's Landing in Poplar Branch Township, Point Harbor, Currituck County, North Carolina. Access to the site is allowed through the 25-foot right-of-way off of Highway 158 known as Doris Lane. The unimproved tract consists of a vegetative pine woodland on the northwest comer of the tract and fallow farmland along the eastern edge of the tract. A high bank and erosion escarpment of about nine feet above the normal waterline of the Currituck Sound exists along the eastern border of the property. The site has been reviewed for the presence of wetlands, and a determination has been made that no wetlands subject to Section 404 of the Clean Water Act exist on the tract (SAW-2008-02676). The Conetoe fine sands are eroding along the shorebank which results in no wetlands subject to CAMA along the shoreline and no SAVs in the very shallow waters (less than one foot) along the near shore areas. The applicant proposes to stabilize the +/- 1,082.91 feet of shoreline with +/-1,091 feet of vinyl bulkhead resulting in an average distance waterward of NWL o9t-3 feet. The largest distance waterward of NWL is 10 feet and is proposed to allow for a reasonable slope of 2:1 of the nine-foot embankment down to the proposed four-foot high bulkhead. No SAVs have been observed in the bulkhead alignment. After installation of the vinyl bulkhead with a vibratory hammer, deadmen and tiebacks will be installed, and the embankment will be sloped on a maximum of 2:1 to backf ll the structure. It is anticipated that a highground disturbance of 33,442 s.f will result from this activity. The backfill will be stabilized by seeding (Coastal Mix anticipated), and erosion control blankets will be installed where necessary. PAR .1-aLA-aolu Dom MP-1 RECEIVED I APPLICATION for EN 2010 Major Development Permit COASTALMANAGEN1ENT (last revised 12/27/06) ELIZABETH CITY 2 0 00 1 14 North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Hedgepeth Development Corp. Project Name (if applicable) Harbour Shores Applicant 1: First Name Toby MI Last Name Hedgepeth Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 3824 Bruce Road PO Box City Chesapeake State VA ZIP 23321 Country USA Phone No. ext. FAX No. Street Address (if different from above) City State ZIP Email 2. Agent/Contractor Information Business Name Environmental Professionals, Inc. Agent/ Contractor 1: First Name MI Last Name George H. Wood Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 3368 Kill Devil Hills NC ZIP Phone No. 1 Phone No. 2 27948 252 - 441 - 0239 ext. 105 ext. FAX No. Contractor # 252 441 0721 Street Address (if different from above) City State ZIP 1404 S. Virginia Dare Trail Kill Devil Hills NC 27948- Email georgehwood@earthlink.net <Form continues on back> Form DCM MP-1,(Page 2 of 4) JAN 2 8 2010 rOACTAI A11.\1Alrrnar- APPLICATION for Major Development Permit 3. Project Location ELIZA?. SETH CITY County (can be multiple) Street Address State Rd. # Currituck off of Parkers Landing Drive Subdivision Name City State Zip Harbour Shores Point Harbor NC 27964- Phone No. - Lot No. (s) (if many, attach additional page with list) - - ext. See attached plat., , , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Currituck Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ?Manmade ?Unknown Currituck Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ?No work falls within. Currituck County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1082 +/- 768,963.1 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or See attached plat., NWL (normal water level) (If many lot sizes, please attach additional page with a list) 9 ft. ?NHW or ® NWL e. Vegetation on tract Quercus virginiana, Pinus taeda, Myrica cerifera, Smilax bona-nox and open areas with Solidago spp. and low grasses that are mowed periodically. f. Man-made features and uses now on tract none g. Identify and describe the existing land uses adiacent to the proposed project site. residential subdivisions h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? residential (Attach zoning compliance certificate, if applicable) ®Yes ?No ?NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ®No ?NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ®No ?NA National Register listed or eligible property? <Form continues on next page> Form DCM MP-1 (Page 3 of 4) RECEIVED APPLICATION for f Major Development Permit m. (i) Are there wetlands on the site? ?Yes ®No (ii) Are there coastal wetlands on the site? COASTAL MA.NAGEw1ENT ?Yes ENo ELIZABE H CITY (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ?No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. none o. Describe existing drinking water supply source. none p. Describe existing storm water management or treatment systems. none 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ?Commercial ?Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. shoreline erosion control c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Shoreline stabilization will involve the use of a backhoe to clear the fallen trees from the shoreline; vinyl sheeting will then be advanced using a vibratory hammer and water pump. The project will be backfilled and graded using a bull dozer. d. List all development activities you propose. Shoreline stabilization e. Are the proposed activities maintenance of an existing project, new work, or both? new f. What is the approximate total disturbed land area resulting from the proposed project? 33,442 ®Sq.Ft or ?Acres g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes ®No ?NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No existing or proposed discharges are anticipated. i. Will wastewater or stormwater be discharged into a wetland? ?Yes ®No ?NA If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No ®NA j. Is there any mitigation proposed? ?Yes ®No ?NA If yes, attach a mitigation proposal. <Form continues on back> Form DCM MP-1,(Page4,of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (t) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Ronald Evans Phone No. Address 7063 Woodsedge Drive Cincinatti, OH 45230 Name Gladys Midgette Phone No. Address 117 Parkers Landing Drive Point Harbor, NC 27964 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date _1-27-10 Print Name -George H. Wood Signature Please indicate application attachments pertaining to your proposed project. G?LCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and C ?DCM MP-3 Upland Development ?DCM MP-4 Structures Information RECEIVED JAN 2 8 2010 COASTAL MANAGEMENT ELIZABETH CITY Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline (NLW or NWL stabilization) Length Width Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL ?None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. d. High-ground excavation in cubic yards. ®This section not applicable b. Dimensions of disposal area. C. (i) Do you claim title to disposal area? ?Yes ?No ?NA (ii) If no, attach a letter granting permission from the owner e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. C]CW ?SAV ?SB ?WL ?None (ii) Describe the purpose of disposal in these areas: d. (i) Will a disposal area be available for future maintenance? ?Yes ?No ?NA (ii) If yes, where? RECE_I ED JAN 2 S 20?0 COASTAi MAMAGEME:NT ELIL43ETH CITY f. (i) Does the disposal include any area in the water? ?Yes ?No ?NA (ii) If yes, how much water area is affected? 3. SHORELINE STABILIZATION ?This section not applicable (If development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: b. Length: 1091 EBulkhead ?Riprap ?Breakwater/Sill ?Other: Width: N/A c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: 10 e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 Vinyl bulkhead months? ®Yes ?No ?NA (ii) If yes, state amount of erosion and source of erosion amount information. 10 feet in some areas/observation g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill 3590 Riprap sand Breakwater/Sill Other i. Source of fill material. local approved mine 4. OTHER FILL ACTIVITIES ED This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ?Yes ?No ?NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW). If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL ?None (ii) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? backfill will be placed behind bulkhead and stabilized with ground frontend loader , vibratory hammer cover c. (i) Will navigational aids be required as a result of the project? ?Yes ®No ?NA (ii) If yes, explain what type and how they will be implemented. d. (i) Will wetlands be crossed in transporting equipment to project site? ?Yes ENo ?NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Date Harbor Shores Project Name Tnhv Wc 1--fk Action Id. SAW-2008-02676 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT County: Currituck U.S.G.S. Quad: Point Harbor NOTIFICATION OF JURISDICTIONAL DETER NINA Property Owner!Agent: Hedgepeth Development Corp c/o Allen Toby Hedgepeth Address: 3824 Bruce Road Chesapeake, Virginia 23321 Telephone No.: Agent: 252-441-0239 CO. Ply ION RECEIVE-D E „A N 1 ^ 1 ?Ua0 COASTAL MANAGEMENT H CITY EUZABE7 I I Property description: Size (acres) 17.6 Acres Nearest Town Point Harbor Nearest Waterway Currituck Sound River Basin Albemarle-Chowan USGS RUC 03010205 Coordinates N 36.0900 W -75.7969 Location description The 17.6 acre site is located off of Parkers Landing Drive on the east side of NC Highway 158 South near Harbour Shores, in the town of Point Harbor Currituck County, North Carolina. Indicate Which of the Following App1Y: A. Preliminary Determination _ 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. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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 wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(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. _ 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 delineation surveyed. Upon completion, 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. _ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . 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 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 (252) 264-3901 to determine their requirements. Page 1 of 2 Action Id. SAW608-026^, 6 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Tom Steffens at 252-975-1616 ext. 25. C. Basis For Determination This site does not exhibit wetland criteria as described in the 1987 Corps Wetland Delineation Manual and consists entirely of uplands. D. Remarks E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn:Tom Steffens, Project Manager, Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 11/18/2008. "It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence." , It A Corps Regulatory Official: Date 09/18/2008 Expiration Date 09/18/2013 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at hqp://regulatorv.usacesurvey.com/ to complete the survey online. Copy furnished: Kendal Tumage, Environmental Professionals, Inc. Page 2 of 2 (I moo DSO ~ ~ ~ ~ ~romm~ N~F o~Ng i I ~ ~ ~ RONALD EARL EVANS ~ ~ EACH m I oo~DZZO P.C. H, SL. 368 n~ o ~ I o D o 0 0 , , D.B. 625, PG. 888 ~ EXISTING ~ ~ g~~ ~"a ~ ( ° m z - - ~ WOOD D i i i i D <o r° Z BULKHEAD ti9 o ~ z ~ ~ z ~~s -c mo ~ y m ~y~? mZ ~y op,~ PAP ~ m o ~ ~ `i ~z \ ~ EXISTING ~ o ~ m \ \ RIP-RAP A m~D \ \ L1. ~ O ~ ~ ~ \ ~ m Uj~ mz ~ ~ o ~y-+ ~ ~ ~ ` ° ~ x \ c ` BULKHEAD m; \ ~ ~ ti BACKFILL AREA s \ i ~ (UP TO 30' FROM ~ \ ~ PROPe BULKHEAD \ ~ MAX DEPTH OF FILL f5' \ ~ 14,131 SF. ABOVE N.W.L. \ \ ~ ~ ` 3,590 SF. BELOW N.W.L. ~ ~ I ( j I I ~ i N.W.L. I v ~ \ ~ > > r ~ I i ~ i ~ ~ f i ~ / PROPOSED ~ ~ ~ ' BULKHEAD i v ~~y \ ~ (1,091 LF.1 RR~ \ \ ALIGNMENT: `~3 AVERAGE a-ay_w E ~ ~ WATERWARD OF N.W.L. 1 SU J C (MAX. 10 ) \ ~ PARCEL ~ \ ~ EROSION ~ ` ~ ESCARPMENT v v \ \ ~ CURRITUCK ! SOUND ~ ~ ~ ~ ~ ~ ~ ' 30' COASTAL ~ ` ~ ` BUFFER ~ \ \ \ \ \ ~,I v i ~ i ~ ~ 75' ESTUARINE \ SHORELINE A.E.C. \ \ ~ \ ~ v ~ \ \ \ ~ \ t ~ i ~ ~ ~i i i ~ ~ ~ ~ ~ ~ \ ~ ` a \ \ \ ~ ' ~ ~ q~ < < ~ \ \ 1 v vv ~ o vv vv ~ ~ \ \ v v ~ v v ~ o ~ \ p ^ ''1;J \ EXISTING ~ p' z ~ \ \ ~ / RIP-RAP H II ~ o ~ o A \ EXISTING ~ D ~ \ \ WOOD c „ ~ b D ~ ~ \ \ ~ BULKHEAD ~ O r~i.~, n y N \ C S~ ~ _ ~ \ N ~ ~ ~ z ~ ~ ~'L~, J LOT 1, PHASE 2 N /F o GLADYS P. MIDGETTE m ~ ° ~ ~ ~ ~ A 17.6 ACRE PARCEL IN POINT HARBOR REVISIONS N0. DATE DESCRIPTION 8Y N ~ ~ ~ ~ m P.O. Box 1129 Nm ~ n ~ ~ ~~T ~~T L~~~1~ L~~~~~ R~~~T~°~'~~' n.~a w klt+„ un~u~ R~ 1 o ~rLjUL'J-~ i I1) 11t ~r-7 d ~r~ ` Kitt ~Hawk,N.C. 27949 n Y D N ( do (252)-261-4151 D O a D POPLAR BRANCH TWSP, CURRITUCK COUNTY NORTH CAROLINA - VVV (252)-261-1333 N I " o " ENGINEERING & Civil - Structural CAMA MAJOR AIMPL J RVZO SURVEYING, INC. Site Development -60) REFE EKES: rn GRAPHIC SCALE ~ - D.B. 236, PG. 529-531 F.LR.M. ZONE ~ F.LR.M. ZONE ~ 0-) -Y r) N N N a D.B. 319, PG. 169-173 "SHADED X" Z~) 200 = O o- D.B. 528, PG. 923-924 ~ (EL N/A) 100 0 50 100 200 ~ - I x BACKFILL D.B. 625, PG. 888-890 i o x Az 00 N N > D.B. 920, PG. 804 F.LR.M. ZONE ' NSF m ` -Y (D c, -4 -4 DEADMANfTIEBACK - M.B. "A", PG, 119 "x° (EL N/A)' RONALD EARL EVANS o ; ] P.c. H, sL sss (IN FEET } ~ PROPOSED BULKHEAD (5 ft fieight above NWL} P.C. »A°, SL. 13 S842T15"E Ds. s25, PG. 886 Existutc O ~ N Q = N > EROSION ESCARPMENT P.C. "B", SL 178 ak ~ W0°D 1 inch = 100 ft. si v O (n / 315.4 ' BULKHEAD ~ 'S' 214.8D~~"+ T P.C. »E» SL. 116-117 ~1 c a P.C. "F" SL 277 ~.n, I EXISRNG P.C. "G" SL. 277 ~ \ ~ RIP-RAP N WL \ P.C. nH», SL. 322 \ 1 P.C. H , SL. 368 ` \ SUBSTRATE GEOTEXTILE FABRIC ALONG ENTIRE LANDWARD FACE OF BULKHEAD ~ , ` ~ `~i BULKHEAD ~ \ ~ BACKFILLAREA P ED B LKEAD DET I ~ ~ v L ~ ' \1 (UP TO 30' FROM v L 4 U ~ q » A> ~ ~ ~ ~ PROP. BULKHEAD) SCALE. ( - `Y I N~ MAX DEPTH OF FlLL t5' a ~ y . ' (p 1 114,131 SF. ABOVE N.W.L j ~ 1f ~ 3;590 SF. BELOW N.W.L 4 CIO N®TES: LEGENDe RONALD EARL EVANS ~ ~ ~ ' ~ ~ P.C. H, SL 368 1) OWNER: ALLEN TORY HEDGEPETH, TRUSTEE Q -EXISTING IRON ROD D.B. 203, PG. zD3 l ~ N.W.L. s C N t5z 3824 BRUCE RD. EXISTING IRON PIPE 'j ~ 1 1,E CHESAPEAKE, VA 23321 4 - PK MAG NAIL e / o -CALCULATED POINT ) ( W 2 PROPERTY INFO: PID :0132-000-0048-0000 EOP - EDG OF P M T ~ 1 ~ # E AVE EN ~ ZONING: "R" R/W -RIGHT OF WAY ~ ~ + AREA = 1768,963.1 sq. ft. = 117.653 acres - - - N.W.L. ~ ` I - - - ~ t ~ r (AREA CALCULATED BY COORDINATE METHOD.) -EROSION ESCARPMENT ~ ~ m r m 3) PARCEL SUBJECT TO EASEMENTS & COVENANTS OF RECORD. - - - - - - CAMA SETBACK LINE ~ ~ PROPOSED - - - F.I.R.M. ZONE LINE ~ ~ h ~ ~ ~ BULKHEAD 4) PROPERTY SUBJECT TO A FULL AND ACCURATE TITLE SEARCH. - •'b ~ 1 - BULKHEAD BACKFILL AREA ,q6 \ \ ~ (1,091 LF.) 5 LOT MAY BE IN AN AREA OF ENVIRONMENTAL CONCERN ~ \ ` ALIGNMENT: ~3~ AVERAGE ~A~ INDIVIDUAL PERMITS MAY BE REQUIRED. \ \ WATERWARD OF N.W.L. SUBJECT 1 ~ z ~ ~ ~ , (MAX. 10'} ~ o 6) PROPERTY IS LOCATED IN F.LR.M. ZONES AS SHOWN. 'h~ PARCEL \ \ o MARKED ~ 'ti ~ o ~ EROSION MAP N0.:3720984600J, INDEX DATED:12-16-05 24" PINE ~ ~ ~ ? ~ ~ SUBJECT TO CHANGE BY F.E.M.A. N/F \ ESCARPMENT ~ ~ ~ U HEDGEPETH DEVELOPMENT CORP. ~ w \ , wo W WW, 7) THERE ARE NO GEODETIC MONUMENTS 1MTHIN 2000' OF M.B. 2A, PG 119 ~ ~ ~ ~ A CURRITUCK SUBJECT PROPERTY. D.B. 319, PG. 169 t \ AREA: 1768,963.1 sq. ft. ~ \ ~1 SOUND 8) NO US ARMY CORPS WETLANDS EXIST ON SITE PER 117.653 acres ~ \ ,I w US ARMY CORPS ACTION ID # 2008--02676 ~ ~ ~ ~ r Q F- N/F l ~ ~ - ----R- c~-?N'-!-rfi~,l~1..P~P-Ca;~-t"~+v r 1 HHIPI-;' c L. -IS-~ ~A RoNUD EARL EVANS 4 ~ 30 COASTAL }^~`11~lt~ P.C. H. SL 368 1 1 BUFFER o D.B. 432, PG. 899 \ 5 Z O z 10) TOTAL AREA TO BE DISTURBED BY BULKHEAD INSTALLATION: 33,442 sf. ~ \t \ . '4~"w - i 11'~ ~ t O 12) THE GENERAL ELEVATION OF THE SUBJECT TRACT IS 9 AMSL. Ste,, ~ 75' ESTUARINE od m w ~ \ 233._ m o_ t_ _ ~EIO~F~.iNE_~E~ ._u 0 0 \ \ ~4 \ ~ 173• ski \ ~ \ ~ ~ h~ 0 la ~ . I ~ ~ .3d 1' ~ .s7 ` ~~yy C gg'(T ' ; ` ~ ` W ti ~ OA• C ¢e CURRITUCK 1 ~ Q1 ; ~ ~ ~ 5 GE souND 1 s~ ~P~ EIP IS 2.64' ~ ~ S71'49'18"W MARKED 17 , z ~ 24" PINE O ~ ` ~ o ¢~5 SITE FROM MARKED ~ ~ ~ ~ ~ ~ m ~ 24" PINE ~ w ! , \ JAN 28 ~ 2010 ~ _ ~ 19 m \ ~ is ~ O \ ~ O o, ~ ~ ~ ,,~y~. Rh ~ ~ ~ \ COAST ~ - - ~ ~ / f ~ ~ AL MAfVAGtM~IVT wwc Roc •'h o ~ ELIZABE-' T e ~ ~ ~ Irk CI,Y °~h, 1` ~ 15 ~ ~ iK RS k~ g h J SOS ~ ~ Uo h 4s RAv} ALBEMARLE 0~ C F.LR.M. ZONE \ \ TNT HA ~ ~ " " ~ a PO RBOR \ 4 ~V X EL. N A SOUND C2 ~ ~ ( ~ 01 W w \ '1 \ 5J1 - U \ ~ \ ~ \ 1 F.l.R.M. ZONE ~ snwG ~ ~ T~v jjr~ g~ A ~ q 14 \ 1 1 \ RIP-RAP ~ Vl li 11 V 11 1 1Vl H~ ~ O 20 0 ~ "SHADED X" ~ 4 < EtaSTiNG ~ EL N A N.T.S. ~ 21 ~ ~ ( ' ~ , 9'~ BuiK°H°eAD 2z ~ , g5 ~ / ~ w ~ N ' ~ ' r ,~9 ~ SANDRA P. BRINKLEY PARKER S ~ LOT i, PHASE 2 D.B. 767, PG. 65 j ~ N/f ~ D.B. 228, PG. 650 LANDING F.LR.M. ZONE N ~ "AE" (EL. Y) GLADYS P. MmGETTE 0~ SUBDIVISION ~ c~~ / P.C. E, SL 116 ~ ~ / ~ e~' ~ T,, ~ ~'~I ~ m r ` 1 I-- o yy' ~ 23 26 co oe ~ I O oP O w a1 }Prom's wuD>NG q" ~ ~ 4 ~vE HOMEOWNER'S ASSOCIAliON/~ ~n4 ~ ~ 2¢ ~ 6'15 ~('yOg ~ BOAT RAMP AND PIER / ` ? r YI Ei'S i / ~ q.'1g ~ ~E~ '~HOMEOIMdER'S ASSOCIARON 0 ~ i COT 2, PHASE 2 DATE: DATE: SCALE: ~ ~ i ~ ~ ~ N~ ~ 4-14-( ,1DDr E. M~oG>:r1E D.B. 731, PG. 25D 1 4-14-08 1"--100' N/F ~ \ 1 CHECKED: DOPoS P. EGGS \ 1 ~ / CFG D.B. 166, PG. 763 CHECKED: DRAWN: CFG ALC / { ~ ¢ ' PROJECT O PROJECT NO: to i ~ I U , 1D' EASEMENT FOR ' ~ + P4 12 .a ~ ` INGRESS & EGRESS ~ , P462.07 ~ ~ 33 ~ ns PER M.B. z Pc. ns ~ 11 z ~ ~ CAD FlIE: CAD FILE: z 2s P462~ / / ~ ; 2~ 11 P462-CAMA-r3 z ~ SHEET: ~ ~ o ll SHEET: 1 t ~ / ,t O 1 O 2