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HomeMy WebLinkAbout20042061 Ver 1_Complete File_20041229;M/ / IN REPLY REFER TO Regulatory Division Action ID No. 200510324 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O. Box 1000 Washington, North Carolina 27889-1000 June 23, 2005 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: C??-( Zc??ol k?:9 091 G? Q 3UN 2 4 Z06 DENS - WSTORIg ER 5 iCH ITY r,?TIANDS WHO Reference the revised application of the Duck Land Company, LLC, for a Department of the Army permit to place fill material within freshwater wetlands and construct a residence, on property located off Sandpiper Road, in the Swan Beach Subdivision, adjacent to the Atlantic Ocean and the Currituck Sound, in Currituck 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 revised plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 3. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. VG -2- 4. The Permittee shall mitigate for 0.11 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 0.071 acre of non-riparian wetland restoration mitigation in the Pasquotank River basin (HUC 03010205). Discharge into wetlands on permitted projects shall begin only after the Permittee has made full payment to the NCEEP, 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 permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 6. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Division, telephone (252) 975-1616, extension 23. Copies Furnishes: - Sincerely, Y44 Raleigh B and, P.W.S. Regulatory Project Manager Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 I -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 Mr. William D. Gilmore, Director North Carolina Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, North Carolina 27699-1652 C) j -2,o (V 1 I + IN REPLY REFER TO Regulatory Division Action ID No. 200510324 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources Hestron Plaza 11, 151-B Highway 24 Morehead City, North Carolina 28557 Dear Mr. Huggett: February 24, 2005 RIRUL?90W[R I FEB 2 5 2005 WET(AN SAN STOR WATER QUALITY TER BRANCH Reference the application of the Duck Land Company, LLC, for a Department of the Army permit to place fill material within 0.26-acres of freshwater wetlands and construct a residence, swimming pool, and parking area, on property located off Sandpiper Road, in the Swan Beach Subdivision, adjacent to the Atlantic Ocean and the Currituck Sound, in Currituck County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. Based upon our review of this project, we have determined that the application be denied based on the potential of the proposed activity to pose unacceptable adverse impacts to aquatic resources. The Federal agencies may reassess their position if the proposed project is revised to reduce impacts to special aquatic resources. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Division, telephone (252) 975-1616, extension 23. Sincerely, DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O. Box 1000 Washington, North Carolina 27889-1000 Raleigh Bland, P.W.S. Regulatory Project Manager -2- 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 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 O?O? W AT ?9QG v Nlichael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources February 24, 2005 Duck Land Company C/o Mr. Kendall Turnage 1181 Duck Road Duck, NC, 27949 Subject Property: Lot M 3 Sandpiper Road Atlantic Ocean, Class S13, 99-(7) Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 04-2061 Currituck County Approval of 401 Water Quality Certification (GC3351) with Additional Conditions Dear Mr. Tumage: You have our approval, in accordance with the attached conditions, to place fill material within or otherwise impact 0.260 acres of waters to construct a single-family residence as described in your application received by the Division of Water Quality (DWQ) Wetlands/401 Unit on December 29, 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 CAMA. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved Units Plan Location or Reference 404/CAMA Wetlands 0.260 (acres) DCM Field Report 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-6893 / Internet htto://h2o.enr.state.nc.us/ncwetlands N c o Carolina Nturally An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% Post Consumer Paper Duck Land Company, LLC Page 2 of 2 February 24, 2005 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3351. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative,,Hearings ; 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Tom Steffens in the DWQ Washington Regional Office at 252-946-6481. Sincerely, Alan W. Klimek, P.E. / AWKlcbk 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 File Copy Central Files Filename: 042061 Duck(Currituck)401 IFF;qAl i r% '1 , .? A4 - - .'?- NC®ENR 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 December 15, 2004 MEMORANDUM: TO: Mr. John R. Dorney Environmental Biological Supervisor Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Duck Land Company, LLC LP-i k-L-5 L?=-_, Lig 0 DEC 2 9 2004 DENR - WATER QUALITY 11ETL1V4DSAND STGRhSM" TERBRI' XH Project Location: Lot M 3, Sandpiper Road, Swan Beach, Currituck County Proposed Project: Fill wetlands, construct retaining wall, residence, decks, pool Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 5, 2005, 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: 252-264-39011 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight 1. 2 3. 4. 5. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT ; ") p al ! APPLICANT'S NAME: Duck Land Company, LLC LOCATION OF PROJECT SITE: Lot M 3, Sandpiper Road, Swan Beach, west of the Atlantic Ocean, Currituck County Photo Index - 2000: 201 - 2200, V 10; 1995 : 201 - 2114, T 17 State Plane Coordinates, X: 2 927700; Y: 994000 GPS: C113020A INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit - November 30, 2004 Was Applicant Present - No PROCESSING PROCEDURE: Application Received Complete - November 3, 2004 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Currituck County Land Classification From LUP - Conservation (B) AEC(s) Involved: Ocean Hazard / Ocean Erodible Area (C) Water Dependent: No (D) Intended Use: Private (E) Wastewater Treatment: Existing - none; Planned - Septic tank - drain field (F) Type of Structures: Existing - ocean front dune; Planned - single-family residence with a pool (G) Estimated Annual Rate of Erosion: 6.5 ft Source - 1998 Erosion Rate Maps 7. HABITAT IMPACT DESCRIPTION: [AREA] EXCAVATED FILLED DISTURBED (A) Upland / Ocean Erodible 11,346 sf 7,434 sf Area (D) Total Area Disturbed: 18,76U sq. it. (.43 acres) (E) Primary Nursery Area: NA (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: This permit application involves the filling of 0.26-acres of U. S. Army Corps of Engineers jurisdictional wetlands within the Ocean Erodible Area of Environmental Concern in Swan Beach Subdivision, located along the oceanfront in Currituck County. This activity is being proposed as the only viable solution for the property to construct a single-family residence and meet the septic, parking and CAMA setback requirements on this formerly, semi-oceanfront lot. Duck Land Company, LLC, Currituck County FIELD INVESTIGATION REPORT Page 2 Proiect Setting The Duck Land Company, LLC property is located approximately one-half mile north of Penny Hill in the Swan Beach Subdivision, which is along the Atlantic Ocean-oceanfront approximately one-half mile north of Pennys Hill in Currituck County. The subdivision is north of the hard- surface NC 12 roadway and can only be accessed from the beach with four-wheel drive/off-road vehicles or by foot. The applicant's property was originally a semi-oceanfront lot in Swan Beach Section 1, however the previous oceanfront parcel has been abandoned according to the application platwork provided. This undeveloped lot is 210,894 square feet (4.84 acres). The applicant's lot ranges in elevation from mean high water (MHW) to 12 feet above the MHW. A frontal dune system extends from north to south along the oceanfront and is vegetated in predominately Uniola paniculata, Ammophila breviligulata, Cakile edentula and Spartina patens. These dunes were initially constructed several decades ago and range in height between 8 and 12 feet above the beach. The dune base width ranges between approximately 20 and 38 feet. The western portion of the lot is vegetated in U. S. Army Corps of Engineers (USACOE) jurisdictional freshwater wetlands including Juncus effuses, Spartina patens and Andropogon glonieratus (broomsedge). This area most likely receives inundation to support wetland vegetation from rainwater and its close proximity to the Atlantic Ocean. Approximately 13,614 square feet (0.31- acres) of wetland area is located on this lot. The North Carolina Environmental Management Commission has designated the waters of the Atlantic Ocean as `SB' waters (suitable for swimming) and these waters are closed to the harvesting of shellfish. 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 land areas west of the shoreline have been designated as part of the Ocean Hazard System. This area includes the Ocean Erodible Area AEC. The western limit of this AEC is based upon the current erosion rate of 7.0 feet per year multiplied by a factor of 60 plus the current 100-year storm recession factor. The Ocean Erodible Area AEC extends landward from the first line of stable vegetation (FLSNV) 470 feet to the west and includes a 100-year storm recession annual measurement of 50 feet. The small structure setback for this area is based upon the erosion rate setback when the lot was platted. This lot was platted in Currituck County on August 1, 2003. The erosion rate at that time was 9.5 feet per year and the applicable setback for this lot is 285 feet, as measured from the current FLSNV. Duck Land Company, LLC, Currituck County FIELD INVESTIGATION REPORT Page 3 Project Description . This project involves the filling of 0.26 of an acre of USACOE's jurisdictional wetlands within the Ocean Erodible Area of Environmental Concern in Swan Beach Subdivision. This activity is being proposed as the only viable solution for the property owner to construct a single-family residence and meet the septic, parking and CAMA setback requirements on this formerly, semi-oceanfront lot. Proposed development includes the construction of a retaining wall and the filling of 0.26 acres of wetland area. A single-family residence will be constructed in this fill area and have a footprint of 2,578 square feet. A pool and parking area will also be located in this fill area. The retaining wall has been proposed to restrict fill from eroding into the remaining wetland area on site. The septic tank-drain field system will be located within the pre-existing upland portion of the lot, east of the existing wetland area. Anticipated Impacts The proposed fill and land disturbing associated development (including impervious surfaces) will result in the disturbance of approximately 18,000 square feet of area within the Ocean Erodible Area AEC. This area of disturbance will include the loss of 11,346 square feet of USACOE jurisdictional wetlands located west of the Ocean Erodible Area AEC setback. No development is proposed within the Ocean Erodible Area AEC setback. Submitted by: Dennis W. Hawthorn Date: 12/08/04 (Revised 12/15/04) .,r CAMA MAJOR NARRATIVE Duck Land Company, LLC ' Site: Oceanfront lot, Sandpiper Road, Swan Beach '/z mile north of Pennys Hill, a prominent landmark and landscape feature Project development activities are to allow for the proposed house, septic system, swimming pool and parking to meet the CAMA small structure setback. The CAMA Small Structure oceanfront setback prevents the applicant from constructing the home in the highground to the east of the wetlands 404 wetlands as shown on the plat. The septic area must be placed in a natural upland area, so the upland area to the southeast of the proposed home is also not a viable option for the house location. The site plan as shown was developed by Bissell Professional Group to meet Currituck County zoning as well as applicable CAMA Ocean Hazard Setbacks as shown. The proposed septic and proposed parking will allow for county required parking and septic setbacks to be met. Proposed activities: Fill the 404 wetland area to provide a building pad and septic repair area Construct a 114.5 LF wooden retaining wall to prevent unintended fill in remaining 404 wetlands Construct residence and associated decking Construct Parking area Construct septic system Construct swimming pool If the US Army Corps of Engineers or the NC Division of Water Quality requires mitigation for the wetland impacts, the applicant is willing to mitigate for the impacts to the wetland area. The applicant will submit a request for in lieu payment to the NC Ecosystem Enhancement Program when requested to do so by the regulatory authorities. By: Kendall Turnage Environmental Professionals, Inc. 9/28/04 Form DCM-MP-1 APPL-1`CATff0N (To be completed by all applicants) 1. APPLICANT a. Landowner: Name Duck Land Company, L.L.C. Address 1181 Duck Road City Duck State NC Zip 27949 Day Phone 252-453-3325 Fax 252-453-2164 b. Authorized Agent: Name Environmental Professionals, Inc. Address PO Box 3368 City Kill Devil Hills State NC Zip 27948 Day Phone 252-441-0239 Fax 252-441-0721 c. Project name (if any) Duck Land Company, L.L.C. NOTE. Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT b. City, town, community or landmark Swan Beach c. Street address or secondary road number Sandpiper Road 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) Atlantic Ocean 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. 11,346 SF fill in 404 wetlands, construct residence, pool, decks, parking, wooden retaining_ wall and sentic svstem construction as far landward as possible within the parcel. b. Is the proposed activity maintenance of an existing project, new work, or both? new work 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 a. County Currituck Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 4.84 acres b. Size of individual lot(s) N/A c. Approximate elevation of tract above NU-1W or NWL approx 0-16 ft d. Soil type(s) and texture(s) of tract Corolla /Duckston complex e. Vegetation on tract _partina patens, Myrica cerifera f. Man-made features now on tract property corners/iron rods g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) X Conservation Transitional Developed _ Community Rural Other 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) j. Has a professional archaeological assessment been done for the tract? Yes x No If yes, by whom? N/A k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? X Yes _ No Coastal (marsh) Other X If yes, has a delineation been conducted? Yes (Attach documentation, if available) in. Describe existing wastewater treatment facilities. None existing n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) None existing o. Describe existing drinking water supply source. None existing 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: o 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. A 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 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, and the like. ®A Stormwater Certification, if one is necessary. ©A list of the names and complete addresses of the Form DCM-MP-1 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 Peter Hill Orvis Address 31 North Oakland St., Arlington, VA 22203 Phone Name Swan Beach Corolla, L.L.C. Address 408 Dundaff St, Norfolk VA 23507 Phone Name Address Phone O A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. o A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. O A signed AEC hazard notice for projects in oceanfront and inlet areas. o 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 Y day of s?rTT' , 2004. Print Name e? i ?? l i lu r vt u, e Signature Landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development DCM MP-4 Structures Information 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. 11/03/2004 09:44 2524410721 ENVIRONMENTAL PROFES Form DCM -MP-2 (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all othcr 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 Fiaal Existing Project WlAth ninth Denth Access channel (MLW) (NWT.) Ltn th -.- .-r - o N/A -------- ------- N/A ------ ------ _.?.. N/A -- ---- ------ N/A - N/A - ------- N/A _-- 0 1) see plat ------- Canal Boat basin Boat ramp Rock groin Rock (tip rap) breakwater Other (0.26 acres 404 wetland fil Rcvised 03/95 PAGE 02 1. EXCAVATIOIN a. Amount of material to bee ' avated from below MHW or NWL in cubic y ? s N/A b. Type of material to be exca ated N/A c. Does the area to be excavat d include coastal wetlands? Yes No N/A d. Highground cxcavation in c bic yards N/A 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area N/A b. Dimensions of disposal are N/A c. Do you claim title to dispos • 1 area? N/A. Yes Ntl: If no, attach a letter granti g permission from the owner. d. Will a disposal area be avai able for future maintenance? Y 's No N/A If yes, where? N/A 11/03/2004 09:44 2524410721 Form DCM-51P-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 N/A a. Type of shoreline stabilization N/A Bulkhead Riprap b. Length N/A c. Average dist4n.ce waterward of MHW or NWL N/A d, Maximum distance waterward of MHW or NWL N/A e. Shoreline erosion during preceding 12 months N/A (Source of Information) £ Type of bulkhead or riprap material N/A 9. Amount of fill in cubic yards to be placed below water level (1) Wprap N/A (2) Bulkhead fill N/A h. Type of fill material N/A 1. Source of fill material /A 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization a. Will fill material be brought to site? ENVIRONMENTAL PROFES PAGE 03 i I I i X Yes 1No If yes, (1) Amount of material toThe placed in the water N/A i. _ (2) Dimensions of fill areal See plat (0.26 ac.) (3) Purpose of fill Residential construction b. Will fill material be placed iltt coastal wetlands (marsh), SAVs or other we ands? X Yes ' No 404 wetlands---11,3-4-6-S ? and construct 114.5 LF wooden retaining wall to contain fill - 5. GENERAL a. How will excavated fill material be kept on site and erosion controlled? i N/A j b. What type of construction e?quipmcnt will be used (for example, draglinej, backhoe, or hydraulic dredge)? Dump truck and front end ?pader c. Will wetlands be crossed irll transporting equipment? Yes ; X No If yes, explain steps that will be taken to lessen environmental impacts. i Duck Land Combanv. L.L.C. Applicant or Project Name Signature l r /-z /v y Date 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-1. 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. 1 single family residence b. Number of lots or parcels c. Density (give the number of residential units and the units per acre) 1 per 4.84 acres d. Size of area to be graded, filled or disturbed including roads, ditches,ete_ 18,780 SF e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? _ Yes X No If Yes, date submitted f. List the materials (such as marl, paver stone, asphalt, or or concrete) to be used for paved surfaces. No paved surfaces proposed 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. N/A h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? Yes X No If yes, date submitted i. Describe proposed method of sewage disposal. On site sewage system per engineer specifications $jT .i2 (Contact Bissell Professional Group for plans) j. Have the facilities described in Item i. above received state or local approval? Bissell Professional Group to secure septic approval (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.) well in. Will water be impounded? _ Yes X No If yes, how many acres? N/A n. If the project is an oceanfront development, when was the lot(s) platted and recorded? August 1, 2003 Duck Land Company, L.L.C. Applicant or Project Name Siq/;zy Date U.S. ARMY CORPS OF ENGINEERS WILMRICTON DISTRICT Action ID 200411320 County Currituck .J NOTIFICATION OF JURISDICTIONAL DETERMINATION `--' Property Owner/Agent: Gerald Friedman Address: Post Office Box 2353 Norfolk, Virginia 23501 Telephone No.: 757-509-3636 Size and location of property (waterbody, road name/number, town, etc.) 4.84 acre parcel described'as Lot M3 in Swan Beach, Section 1, Business Area, north of Corolla, North Carolina. Indicate Which of the Following Apply: _ There are waters of the U.S. and/or wetlands on the above described property which we strongly suggest should be delineated and surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final jurisdictional determination on your property. _ Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey. X The waters of the U.S. and/or wetlands on your property have been delineated and surveyed, and the limits of the Corps jurisdiction have been explained to you. 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 (252) 264-3901 to determine their requirements Placement of dredged or fill material in waters of the US and/or wetlands on this property without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work restricted entirely to existing non-wetland area. If you have any questions regarding this determination and/or the Corps of Engineers regulatory program, please contact William Wescott at 252-975-1616 extension 25. Basis For Determination: Area meets the three parameters specified in the 1987 USACE Wetland Delineation Manual, and is adjacent to the Atlantic Ocean. Property Owner/Authorized Agent Signature Corps Regulatory Official Date 3-30-2004 ??:•rti•?-G'(.?C/ J'"blr[?'i'f.4]aC ?y ? ?I LI cl?G• -I Expiration Date 3-30-2009 SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM !fVOODEM RETAIMIMG WALL CROSS SECTIOM Tieback/deadman -FILL AREA Proposed Wooden Retaining Wall Remaining 404 wetlands Existina arade - - - - - - - - - - Reference Elevation of MLW -------------------- Duck Land Company LLC CAMA Major Application Scale V=5 ft Environmental Professionals, Inc. Drawn: KT Date 9/24/04 F SITE 3D TopoQ cads Copyright ®1999 DeLorme Yarmouth, ME 04096 Source Data: USGS ft Scale: 1: 22,400 Detail: 13-2 Datum: WGS84 i MAJOR PERMIT FEE MATRIX Applicant: Duck Land Company, LLC Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) 1. Private, non-commercial F 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 a lies: 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 commercial development, if $400 100%($400) 0%($0) General Water Quality Certification No. 3301 (see attached can be a lied: III(C). If General Water Quality Certification No. $400 60%($240) 40%($160) 3301 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water ® Quality Certification No. $400 60% ($240) 40% ($160) 3301 (see attached) cannot be applied: IV. For development that involves the filling and/or $475 60%($285) 40%($190) excavation of more than one acre of wetlands and/or o en water areas: . 0(iorYe? ENVIRONMENTAL PROFESSIONALS, INC. 2016 P.O. BOX 3368 252-441-0239 es-l9lsso ru KILL DEVII. HILLS. NC 27948 Date 1 G?S? 4701 Pay to the ?1//i Order of N?' w Dollars Bankof America. ACH R/T 053000196 r For U vf Ap 3 1:0 S 3000 19 61: 000 C6314, ?O L ?00 70 20 16 - - M1 l fi? 3 . ? og u y?vi. I ii ZONE V7 EL 1.3 0 ih ZONE V7 (EL 12') ZONE A6 EL 9') shoreline located 11119102 ATLANTIC OCEAN i BUSINESS AREA F SWAN BEAC SECTION 1 NC P.C. C-1, SL. 333 TM# 101A, PARCEL C * TO BE ABANDONED .+?" .11-5-03 B'41_21"E 4FJL.N.S.V. 5:1121"E-------- 31 7 SURVEY TIE LINE ONLY PROPERTY LINE TO BE ABANDONED SANDFIDDLER ROAD 60' R/W (UNIMPROVED) TO BE ABANDONED PROPERTY LINE TO BE ABANDONED -' ZONE C ' p rv, 4Jyci¢ C? cis a. v 'ANDFIDDLER ROAD _ 60' R/W (UNIMPROVED) BUSINESS AREA G SWAN BEACH BUSINESS AREA c N SECTION 1 SWAN BEACH LOT M3 o p P.C. C-1, SL. 333 Z o o TA1j 101A, PARCEL C J TO ABANDONED ° -CC 210,849 S.F. (4.8 AG) Uj ? p ?o ° . `I \ A` 4 -k g ? TO SHORELINE LOCATED 11/19/02 Oo m J h q? ' ' CAMA 285' SMALL ET m ? Q BL NESB 1 ?- S BACK _ I S EACH LO M2 Ilk 1 2Q6 S.F. `?? ;2.9 G) ? N N p Ta HRq?LINE LOCATED"!1/19/0 / I "L ? c v It 180.00' `C yj o y \ -- SANDIt'IPER ROAD N18.41'21"W 18214' SANDPI13d ROAD _ 60' R/W (UNIMPROVED) , 60R /W (UNIMPROVED) - l ZONING R-2. RECORDED REFERENCE Recordation Pending 1 °A7 71210-3 SURVEY FOR:. - -- AVG. ORD ELEV. • '. F.I.R.M. ZONE A6(9') PANEL NO. 370078 0212 Q FILE No. 3624 WETLAND LINE SURVEY LotM3-S DRII -=loo' LOT M3 1, Fred S. Price CER77FY THAT THIS DMR SWAN BEACH, SECTION 1 MAP WAS PREPARED UNDER MY SUPERVISION CHECKED BUSINESS AREA FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION, THAT THE BOUNDARIES Frultville TOWNSHIP Currltuck COUNTY NORTH CAROLINA NOT ACTUALLY SURVEYED ARE SHOWN AS BROKEN LINES PLOTTED FROM INFORMATION FOUND IN EXISTING RECORDS AS NOTED AND THAT THE RATIO OF PRECISION Bissell Professional Group EXCEEDS 1 : 10,000. j. 4417 North Croatian Highway 1 T_ WITNESS MY HAND AND SEAL THIS P.O. Box 1068 Kitty Hawk, North Carolina 27949 61-3268 DAY OF 2003 ® a o FAX (252) 261-1750 Enginebrs, Planners, Surveyors and Environmental Specialists ,P.L.S. L-4271 404 WETLANDS CERTIFICATION ' THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE om' T BOUNDARY OF THE JURISDICTION OF SECTION 404 OF TINE CLEAN WATER ACT INED BY THE R t f M UNDFR TIIE PRESENT LAW AND REGULAMNS AS DETE ' - j i W 1 c 4 ! " MQRE 13 A CRAIZE IN THE LAW OR rGNED CH THIS DATE. UNLESS I U& TH13 0MRIA1NATI0N OF SECTION 4-34 OLIR P611USHEl3 REGULATIONS -. t, t , JURI1JIC-r=-l,1AY BE RELIED UPON FOR A PERIOb NOT TO EXCEED (5) YEARS ;• R " t • FRO TIiJS DATE. T1iE DETE$M1NAiJ:ON WAS IJFDE UTIIZIP4C TF{E'1987 CORPS OF EN INEERS WETLANDS DELINEATION MANUAL. SITE I ?, k " 3 - 30-?0o LI (NAME OF CORPS OF ENGINEERS REPRESENTATIVE) (DATE) ?E??u4'ro? ?FClwL1S•r (TITLE) _ ???N n,?? P ,• LEGEND + SIR O a SET IRON ROD EIR 0 - EXISTING IRON ROD O EIP 0 - EXISTING IRON PIPE O CABLE TV POWER POLE M. .L s MAXIMUM BUILDING LIMIT NTS- NOT TO SCALE R/W- RIGHT OF WAY EOP- EDGE OF PAVEMENT j t CENTERLINE P.C.- PLAT CABINET D.B.- DEED BOOK SL a SLIDE SO.FT.- SQUARE FEET BUSINESS AREA F SWAN BEACH SECTION 1 P.C. C-1, SL 333 BUSINESS AREA SWAN BEACH LOT M2 127,286 S.F. (2.9 AC.) TO SHORELINE LOCATED 11/19/02 BUSINESS AREA SWAN BEACH LOT M3 210,849 S.F. (4.8 AC.) TO SHORELINE LOCATED 11/19/02 SANDFIDDLER ROA_D_ 60' R/W (UNIMPROVED) r--7 / NOTES: TOTAL LOT AREA: 210,818 S.F. OR 4.84 AC. TOTAL UPLAND AREA:197,216 AC. OR 4.53 AC. TOTAL "404" JURISDICTIONAL WETLAND AREA. 13,602 S.F. OR 0.31 AC. H UPLAND AREA Z-1 195,620 S.F. OR 4.49 AC. o TO SHORELINE ? b ' " (? 404 a? JURISDICTIONAL WETLAND LINE AL w L 1 "` y !s i UPLAND AREA G 'y` ! 404 AREA 1,596 S.F. .04 AC. 0 13,602 S.F. ! ? O m ?OT M3 ONLY L R 0.L31 AC. W ! TIE TO EIR: 5.05' 181.30\ro N16 4121"W SANDPIPER ROAD _SAND, 60' R/W (UNIMPROVED) CONTROL 60'-R CORNER --I -- C ' L INE TABLE LINE LENGTH BEARING 1 40.35 S05' 0'08"W [ 2 40.17 20' 6'57"W 3 32.05 S17'58'28"W 4 49.7 S23 34'01"W L5 42.60 S 4'4$'5 'W L6 23.94 S24'5546" L7 32.48 S25'09'06"W LB 3162 S2556'32"W L9 55.10 4 "06''58" E LID 48.22 1`4615M'02"E L11 43.36 N '58'56"W ;ZONING RECORDED REFERENCE DATE SURVEY FOR: PEW PING 1-29-04 11 1 AVG. URD: ELEV !F:F.R.M. ZONE PANLL NO. nLE NO. °AnA" -11 iPi.gnlr:T1r)NA1 WPTI ANl7 LINE SURVEY (9) 1 37007 0212 D 3624M34 P :PIN NO. I CARD FILE -- .3694M.34 41"=100' 1, C. ROBERT M,0 4?,,,CER TIFY THAT T HIS DER MY SUPERVISION MADE UNDER BOUNDARIES N?RE SH'OWN AS ls F CM INFORMATION FC N4} ,N EXMW E AS NOTED =X?. 10,00 Z,* Z WI TI , L&L THIS b 2004 41 P.L.S. L-4184 SWAN BEACH, SECTION 1 BUSINESS AREA IFRUITVILLE TOWNSHIP ICURRITCUK COUNTYI NORTH CAROLINA r-? Bissell Professional Group I 4417 North Crootan Highway P.O. Box 1068 A r? Kitty Hawk, North Carolina 27849 O ° ® ® 0 (252) 261-3225 or 261-3266 FAX (252) 261-1760 Engineers, Planrrars, Surveyors and Environmental Specialists I Z 1 O z !2 E O v? N a JJ ti? a' 541 - - - - - - - - - - - - - - - 1,31 "E 315 79' S a n d p i p e r R 0 a d Property Line Parking I I LAMA small structure setback alignment I I I f Wooden _ j Retaining ffTmffflTm Wall , concrete patio MLW elevation reference Duck Land Company, L.L.C. CAMA Major Application 1"=10 ft Environmental Professionals,Inc. Drawn:KT Date: 9/24 Topographic data: surveyed by Bissell Professional Group . r SITE ' ua >¦wi . 11 ViCH. IIAP ?• ?` WORK PLAN NOTES 1.) AREA CALCULATIONS (coord.meth.) TOTAL LpT AREA. 210,818 S.F. OR 4.84 AC• TOTAL UPLAND AREA 197,216 AC. OR 4.53 AC. TOTAL "404" WETLAND AREA 13,602 S.F. OR 0.31 AC. 2.) AS RECORDED IN P.C. C-1, SL 333 CURRITUCK COUNTY REGISTER OF DEEDS 3.) PROPERTY OWNERS: SWAN BEACH COROLLA LLC 5103 THRUSH LANE RICHMOND, VA 23227 ATLAN17C OCEAN 4.) PROPOSED FILL AREAS: PROPOSED PARKING: 1,600 S.F. PROPOSED POOL W/DECK: 650 S.F. PROPOSED REPAIR AREA: 3,980 S.F. PROPOSED DWELLING:5,232 S.F. TOTAL' 11,462 S.F. OR 0.26 AC. uEPN EO j wATER IINE (EOC?iFD 6; 3,4 1 . ME, LOC,TCD,6-17_04. ? ........... ... - ... .. vJ O V ryV) BUSINESS AREA J um SWAN BEACH LOT M3 BUSINESS AREA F SWAN BEACH SECTION I P.C. C-1, SL. 333 ----------- 210,849 S.F. (4.8 AC.) TO SHORELINE LOCATED 11/19/02 - - -_-_WkaE w'ARD TOE OF [)UMTILZC81LO 7?g41?? -3 -? - FLSNV/TOP OF DUNE LDCATED 11-06-03 BUSINESS AREA SWAN BEACH LOT M2 127,286 S.F. (2.9 AC.) TO SHORELINE LOCATED 11/19/02 PROPOSED CONCRETE DECK AREA 355 SF \ PROPOSED "404" FILL AREA 11,462 S.F. .............. OR 0.26 AC.\ - - - -- ---------- 606 S.F. WOOD DECt BEGIN PROP. 145 LF. WOOD-_ RETAINING WALL UPLAND AREA 1,596 S.F. _--c•"Ow,,9 roE or DuvE (LOC?rm?- o,L--------- UPLAND AREA 195,620 S.F. OR 4.49 AC. TO SHORELINE "404" JUKISDIC71ONAL WETLAND LINE, FLAGGED PROPOSED BY GEORGE WOOD 12-03 FIBERGLASS SANDFIDDLER ROAD 60' R/W (UNIMPROVED) -7 L7 "q O~ J ?' m o a. POOL AREA 295 SF `?. END PROPOSED 145 LF. WOOD ?u RETAINING WALL , 285' CAMA EROSION SETBACK 1 .-.-._ -._._._ ..... ... - . - F. 30 9S t A3erage . Annuot Erosion Rate ry h d r, ACTIVE o 1 ' REPAIR DRAINFIELD o J AREA OR 0.04 AC. \ \ LOT M3 ONLY 11E TO EIR: 5.05 WQ 475 S.F. WOOD jbECK - / SANDPIPER ROAD \ SANDPIPER ROAD 60' R/W (UNIMPROVED) PROPOSED 3-STORY PROPOSED CONCRETE CONTROL DWELLING ON PILINGS PARKING AREA 1600 .. CORNER 60' R/W (UNIMPROVED) HEATED AREA: 7,734 S.F. LEGEND SIR 0 - SET IRON ROD EIR 0 - EXISTING IRON ROD EIP 0 - EXISTING IRON PIPE O - CABLE TV 0 - POWER POLE M.B.L. - MAXIMUM BUILDING LIMIT NTS- NOT TO SCALE R/W- RIGHT OF WAY EOP- EDGE OF PAVEMENT - CENTERLINE P.C.- PLAT CABINET D.B.- DEED BOOK SL - SLIDE SQ.FT.- SQUARE FEET Q AREA TO BE FILLED 100' S0' 0 100' I inch a TOO M GRAPHIC SCALE ENVIRONMENTAL PROFESSIONALS, INC. Planning for a Better Environment P.O. BOX 3368 KILL DEVIL HILLS, NC 27948 (252)441-0239 (252)441-0721 (FAX) SWAN BEACH COROLLA LLC CAMA MAJOR PERMIT APPLICATION LOT M3, SWAN BEACH, SECTION 1 BUSINESS AREA COROLLA CURRITUCK COUNTY NORTH CAROLINA SCALE: 1"=100' DATE: 6/9/04 REV: 9-29-04 DRAWN BY. REVIEWED BY: KT JOB :04-071PT NOT FOR CONSTRUCTION--FOR PERMITTING PURPOSES ONLY MAP TAKEN FROM BISSELL PROFESSIONAL GROUP. ` 114