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HomeMy Public PortalAbout10-0522 HayserDianne Otto From: Ihayser [Ihayser @bellsouth.net] Sent: Thursday, December 02, 2010 8:18 AM To: Dianne Otto Cc: 'Downer Davis'; Jonathan Lynn Subject: RE: 501 Fifth Ave. To all concerned Thank you all for your expertise involving the bulkhead projedct at 5th street.The stabilizing and seeding on 5th street is done and has been approved by Joe Wilson.Thank you all again and I will consider this project finalized. Leo Hayser -- On Wed, 12/1/10, Joe Wilson <jwilson(a�cityoftybee.orj> wrote: From: Joe Wilson <jwilson@cityoftybee.org> Subject: RE: 501 Fifth Ave. To: "Dianne Otto" <Dotto@u,cityoftybee.org >, "'Leo M. Hayser s" <lhayser@bellsouth.net> Cc: "'Downer Davis ' <dkdbus@gmail.com >, "Jonathan Lynn" <jlynn @cityoftybee.org> Date: Wednesday, December 1, 2010, 10:37 AM I am fine with the work done on this. The road shoulder has been seeded and stabilized. From: Dianne Otto Sent: Monday, November 22, 2010 11:22 AM To: 'Leo M. Hayser' Cc: Downer Davis'; Joe Wilson; Jonathan Lynn Subject: FW: 501 Fifth Ave. Mr. Hayser, I received the message you left this morning regarding inspection of the bulkhead. Joe and Downer have looked at the site. The dirt that was placed on the shoulder of the road has not been stabilized. You need to immediately place silt fence along the ditch on the street side to prevent wind or rain from pushing the dirt into the ditch. After placing the silt fence, work on getting the soil stabilized. The quickest way is to lay sod. A slower way is to plant grass seed with a mat cover to hold the seed and soil in place while the grass grows. The bulkhead permit will remain open until the soil has been permanently stabilized and the silt fence can be removed. 1 Dianne K. Otto, CFM City of Tybee Island phone 912.786.4573 ext. 136 fax 912.786.9539 From: Joe Wilson Sent: Monday, November 22, 2010 10:23 AM To: Dianne Otto Cc: 'Downer Davis'; Jonathan Lynn Subject: RE: 501 Fifth Ave. 10 -4 From: Dianne Otto Sent: Monday, November 22, 2010 9:48 AM To: Joe Wilson Cc: Downer Davis'; Jonathan Lynn Subject: 501 Fifth Ave. Joe, Downer and I talked this morning about the Hayser bulkhead project. Please take a look at the shoulders of the road and let us know if you will be requiring any corrective actions by Hayser or his contractor for the disturbed soil. Thanks, Dianne K. Otto, CFM City of Tybee Island phone 912.786.4573 ext. 136 2 Dianne Otto From: Joe Wilson Sent: Monday, November 22, 2010 2:27 PM To: Dianne Otto; 'Leo M. Hayser' Cc: 'Downer Davis'; Jonathan Lynn Subject: RE: 501 Fifth Ave. Just talked to Leo. He is going to seed and straw his yard and the City ROW. From: Dianne Otto Sent: Monday, November 22, 2010 11:22 AM To: 'Leo M. Hayser' Cc: 'Downer Davis'; Joe Wilson; Jonathan Lynn Subject: FW: 501 Fifth Ave. Mr. Hayser, I received the message you left this morning regarding inspection of the bulkhead. Joe and Downer have looked at the site. The dirt that was placed on the shoulder of the road has not been stabilized. You need to immediately place silt fence along the ditch on the street side to prevent wind or rain from pushing the dirt into the ditch. After placing the silt fence, work on getting the soil stabilized. The quickest way is to lay sod. A slower way is to plant grass seed with a mat cover to hold the seed and soil in place while the grass grows. The bulkhead permit will remain open until the soil has been permanently stabilized and the silt fence can be removed. Dianne K. Otto, CFM City of Tybee Island phone 912.786.4573 ext. 136 fax 912.786.9539 From: Joe Wilson Sent: Monday, November 22, 2010 10:23 AM To: Dianne Otto Cc: 'Downer Davis'; Jonathan Lynn Subject: RE: 501 Fifth Ave. 10 -4 From: Dianne Otto Sent: Monday, November 22, 2010 9:48 AM To: Joe Wilson Cc: 'Downer Davis'; Jonathan Lynn Subject: 501 Fifth Ave. Joe, 1 Downer and I talked this morning about the Hayser bulkhead project. Please take a look at the shoulders of the road and let us know if you will be requiring any corrective actions by Hayser or his contractor for the disturbed soil. Thanks, Dianne K. Otto, CFM City of Tybee Island phone 912.786.4573 ext. 136 fax 912.786.9539 2 Dianne Otto From: tybeelady @bellsouth.net Sent: Monday, November 08, 2010 8:19 AM To: Dianne Otto Subject: Fw: IMG00115.jpg Attachments: applicationsmil_1.smil; imagejpeg_3.jpg MMS From: +191 26957262 /TYPE =PLMN Sent: Nov 6, 2010 4:19 PM Subject: IMG001 15.jpg Piles appear to be about 8' not 12'. Piling going in ditch. I will take no action unless directed. Sent via BlackBerry by AT &T CITY OF TYBEE ISLAND BUILDING PERMIT DATE ISSUED: 11 -4 -2010 WORK DESCRIPTION BULKHEAD WORK LOCATION 501 FIFTH ST OWNER NAME ADDRESS CITY, ST, ZIP PHONE NUMBER CONTRACTOR NAME ADDRESS CITY STATE ZIP LEO & BARBARA HAYSER 501 5TH ST # HC -32 TYBEE ISLAND GA 31328 -9627 J & J CONTRACTORS 12 HAGAN MILL POND RD STATESBORO GA 30461 FLOOD ZONE BUILDING VALUATION SQUARE FOOTAGE OCCUPANCY TYPE P TOTAL FEES CHARGED $ 310.00 PROPERTY IDENTIFICATION # PROJECT VALUATION $8,000.00 PERMIT #: 100522 broi- CkL k- -co r $ 3/S. 54:d hi sicd Cl 000014. 4-kilo, ekkro►. t S'. d k.0 TOTAL BALANCE DUE: Olin It is understood that if this permit is granted the builder will at all times comply with the zoning, subdivision, flood control, building, fire, soil and sedimentation, wetlands, marshlands protection and shore protection ordinances and codes whether local, state or federal, including all environmental laws and regulations when applicable, subsequent owners should be informed that any alterations to the property must be approved by the issuance of another building permit. Permit holder agrees to hold the City of Tybee Island harmless on any construction covered by this permit. This permit must be posted in a conspicuous location in the front of building and protected from the weather. If this permit is not posted work will be stopped. The building contractor will replace curb paving and gutter broken during construction. This permit will be voided unless work has begun within six months of the date of issuance. Signature of Building Inspector or Authorized Agent: P. 0. Box 2749 - 403 Butler Avenue, Tybee Island, Georgia 31328 (912) 786 -4573 - FAX (912) 786 -9539 www.cityoftybee.org (o- oZ2 Location: SS CITY OF TYBEE ISLAND, GEORGIA APPLICATION FOR BUILDING PERMIT NAME ADDRESS r-0 Q12 v r 1 02016 PIN #M•00V> -2-77 �l EPHONE Owner �p Nteittl R L$ r O [ 11 'in- 7!' i• • y , Architect or Engineer NA Building Contractor --� — ' °t t m- iL SZ P I t UD RO ct 12., (0ck®,4 L (Check all that apply) ❑ Repair ❑ Renovation ❑ Minor Addition Substantial Addition Other '3 t'\ Residential Single Family Li Duplex Multi- Family ❑ Commercial n Footprint Changes Discovery Demolition II Details of Project: (pNS't - - Cr:1 \w4..0,t{t_Pu- - 6UL,KL4 'A0 VaNto C ke're - Oc- Z Y e ®® .emu Estimated Cost of Construction: $ Construction Type (1) Wood Frame (2) (3) B Propos Remarks ood & Masonry ck Veneer use: 3 (Enter appropriate number) (4) Masonry (6) Other (please specify) (5) Steel & Masonry ATTACH COP OF THE CERTIFIED ELEVATION SURVEY OF LOT and complete the following in o ' ation based on the construction drawings and site plan: # Units Lot Area # Off -s eet parkin Trees ocated & list Acc ss: D eway S-tbacks: Front spaces on site plan # Bedrooms # Bathrooms Living space (total sq. ft.) With culvert? Rear With swale? Sides (L) (R) # Stories Height Vertical distance measured from the average adjacent grade of the building to the e reme high point of the building, exclusive of chimneys, heating units, ventilation ducts, air conditioning units, elevators, and similar appurtances. During construction: On -site restroom facilities will be provided through On -site waste and debris containers will be provided by Construction debris will be disposed by by means of I understand that I-must comply with zoning, flood damage control, building, fire, shore protections and wetlands ordinances, FEMA regulations and all applicable codes and regulations. I understand that the lot must be staked out and that the stakes will be inspected to ensure that the setback requirements are met. I understand also that a certified plot plan showing elevation must be attached to this application and that an as -built elevation certification is due as soon as the habitable floor level is established. Drainage: I realize that I must ensure the adequacy of drainage of this property so that surrounding property is in no way adversely affected. I accept responsibility for any corrective action that may be necessary to restore drainage impaired by this permitted construction. Date: Signature of Applicant I4 Note: A permit normally takes 7 to 10 days to process. The following is to be completed by City personnel :: Zoning certification Approved rezoning /variance? Street address and number: New Is it in compliance with City map? If not, has street name and /or number been reported to MPC? FEMA Certification attached State Energy Code Affidavit attached Utilities and Public Works: Describe any unusual finding(s) NFIP Flood Zone Existing OCT ;912711031) Access to building site Distance to water main tap site Distance to sewer stub site Water meter size Storm drainage Approvals: Zoning Administrator Code Enforcement Officer Water /Sewer Storm /Drainage Inspections City Manager Date 11 /lie FEES Permit Inspections Water Tap Sewer Stub Aid to Const. TOTAL DAVIS ENGINEERING, INC. 636 Stephenson Avenue, Suite C Savannah, Georgia 31405 Tel. (912) 355 -7262 Fax (912) 352 -7787 davisenginc @bellsouth.net November 5, 2010 Diane Otto City of Tybee Island P.O. Box 2749 Tybee Island, GA 31328 Phone (912) 786 -4573 INVOICE Fax: (912) 786 -9539 Invoice #21004601 RE: Hayser bulkhead - 501 Fifth St. BY: 08 -01 -10 08 -02 -10 0.75 hours Project permit file review and design discussion with Contractor 0.25 Letter of concurrence 1.0 hours @ $175/hour = $175 Total Due 11-12737 1 actcie_ct 3P 10- 0522. • 4--a AP 5th AVENUE (NOT OPENED) N 21 441 `30" E �-- R85 80.2.0 ;.. RBS • RBS LEQEND CMF = CONC. MONUMENT FOUND RBS = REBAR SET BENCHMARK_ TOP OF F.H. EL. 9.53 M.S.L. • STATE OF GEORGIA CHATHAM COUNTY 1 1/ N 21418' P03 6818'30" W ti )" E =- q PTC --/-''�~ LVw 0 N 21'41`3 RBS , 80 0 z RBS 0 M oa CO --- `r- WETLANDS LINE jam( L O/ c RBS • Ce o OO g1 )" E ---- 00' : Q, RBS 3 0010 Rio IN LOT 80.QQ' S 21441130" k k 1u 0t 4-o Le. 0 a LJL 1(.1 C,o ✓ " ! l e.- k41 e Lt o +13arbar o ti▪ 3 i� EDGE OF DITCH a r. RBS � 3 W jo 0 MILLER AVENUE 60'114 R/W 1 z CMF t No ACCORDING TO 'FIRM' NO. 135164 0001 C THIS SITE IS IN AN A8 (EL. 12) 100 YEAR FLOOD ZONE. THIS IS TO CERTIFY THAT THE PROVISIONS RELATIVE TO GEORGIA CODE SECTION 15- 6 -87(D) DO NOT REQUIRE APPROVAL OF THIS PLAT BY ANY GOVERNING AUTHORITY PRIOR TO THE RECORDING WITH THE CLERK OF SUPERIOR COURT. PLAT OF LOTS 1, 2, & 3) OF A RECOMBINATION OF LOTS 160A & B, AND 171A & B, WARD 2, TYBEE ISLAND, GEORGIfrw sEvE NOV 032010 FOR: Fit _ - K KONCUL DATE: MARCH 28, 1997 REV +i>E P t3 t • 8 1ergi SCALE 1" = 50' 0 50' 100' BARRETT LAND SURVEYING, INC. P.O. BOX 10091 SAVANNAH, GA. 31412 (912) 897 -5460 IN MY OPINION THIS PLAT IS A CORRECT REPRESENTATION OF THE LAND PLATTED E.O.C. FIELD < ERROR/POINT bilElHOD • PLAT 1/INF. 100' TAPE TOTAL STATION LUETZ ET 4 6 II BY: ""'.` OCT 14 2010 CHRIS CLARK COMMISSIONER Leo & Barbara Hayser 501 5th Street Tybee Island, GA 31328 GEORGIA DEPARTMENT OF NATURAL RESOURCES COASTAL RESOURCES DIVISION A.G. "SPUD" WOODWARD DIRECTOR RE: Revocable License & Federal Consistency - Bank Stabilization Project: Bulkhead, Unnamed tidal tributary off of Horse Pen Creek, Chatham County, Georgia (GPS- 32.0076 °N / °80.8466W) Dear Mr. & Ms. Hayser: This letter is in reference to your application requesting a State Revocable License and authorization pursuant to the Department of the Army Permit to construct bank stabilization. Staff of the Coastal Management Program reviewed the above referenced application pursuant to Section 404 of the Clean Water Act and/or Section 10 of the River and Harbors Act of 1899 for consistency with the Georgia Coastal Management Program (GCMP). The Program concurs with the applicant's consistency certification. This ensures that the proposed project has been designed to comply with the applicable enforceable policies of the GCMP. Please find enclosed a fully executed revocable license for the placement of 140 + /- linear feet of bulkhead on the bank of the Horse Pen Creek tributary. Bank stabilization projects cannot contain trash, debris, car bodies, asphalt, concrete containing reinforcing steel rebar, painted material, etc. Material used for construction must be free from toxic pollutants (Contact the Army Corps of Engineers for information). The approval is based upon the description and plans that were submitted to the extent that no more than one cubic yard of riprap may be placed below ordinary high water per linear foot of bank. This license serves as authorization to utilize state owned tidal water bottoms for your bank stabilization project as per the dimensions and configuration depicted in your application for such license. Any change in the use, location, dimensions, or configuration of the approved project, without prior notification and approval from this office, could result in the revocation of this license and in required removal of the materials and related structures. The law affords protections against nuisances and detriments inflicted by others. It is incumbent upon the licensee to ensure that this project does not interfere with the legal rights of others. A licensee that builds in conformity with all applicable regulations may still be found to have built a structure that constitutes a nuisance to its neighbors and may be liable for damages. The license for bank stabilization does not authorize interference with the use and enjoyment of an adjacent property owner's land. The license for bank stabilization only authorizes the licensee to make use of state owned lands as may be proper and needful. During the course of planning and construction the licensee must use ordinary care and take reasonable precautions to sustain the adjoining land. In considering the question of reasonable precautions, each case must stand on its own facts depending upon the nature of the land and watercourse, and the natural and probable consequences to adjoining lands as a result of the structure. We strongly encourage you to employ design and construction technologies for this project to avoid and minimize adverse impacts to adjacent properties and waters of the state. All designs ONE CONSERVATION WAY 1 BRUNSWICK, GEORGIA 31520 -8686 912.264.7218 FAX 912.262.3143 WWW.COASTALGADNR.ORG Hay�se�r,`Ba � Stabilization 1 Page 2 should be properly engineered and incorporate specific design features that ensure minimization of adverse impacts outside the construction footprint. You should modify or reengineer this bank stabilization project if increased erosion on adjacent properties can be directly attributed to the project. This authorization does not relieve you from obtaining any other required federal (Army Corps of Engineers), state, or local permits. For further information regarding bulkheads and riprap contact Mr. Richard Morgan, Army Corps of Engineers (COE), 1- 800 - 448 -2402. You must obtain a county or municipal building permit prior to beginning construction. The tidal water bottoms and marshlands of coastal Georgia are public trust lands controlled by the state, except for such lands that a validated Crown Grant or State Grant exists. The construction of the project proposed for this license must be completed within 3 years from the date of issuance of the license. Otherwise, action will be initiated to revoke the license. Please contact Karl Burgess at 912 - 264 -7218 should you require more information. Sincerely, Spud Woodward Director Cc: U.S. Army COE Local County Building Inspector STATE OF GEORGIA 3 -YI4R REVOCABLE LICENSE REQUEST 1 APPLICANTS NAME(S): Leo A r aol0-00`4? be-KR ‘-kAysuz, MAILING ADDRESS: (Street) (City) t'^Si 6-T y 9. 10 (4A .\-s--z,y (State) (Zip) PROJECT ADDRESS/LOCATION: 't ME COUNTYY1 \ r ` WATERWAY: IORLAACV (I*L!U9ATE: _1 ZO LOT, BLOCK & SUBDIVISION NAME FROM DEED: LOT 3 RE'cOMISI NA CA- Lo f5 \ b p Amy v?-t 4 (3 \NtNu) 2 A. G. "Spud" Woodward, DIRECTOR Georgia Department of Natural Resources Coastal Resources Division One Conservation Way Brunswick, Georgia 31520 -8687 Dear Mr. Woodward: I am making application for a permit with the U.S. Department of the Army, Corps of Engineers, Savannah District. I understand that the issuance of such a permit will not relieve me of the obligation to obtain authorization from the State of Georgia since the proposed project would constitute an encroachment on the beds of tidewaters which are State -owned property. Accordingly, I hereby request that I be granted a revocable license from the State of Georgia. Attached hereto and made a part of this request is a copy of the plans and description of the project that will be the subject of such a license. I certify that all information submitted is true and correct to the best of my knowledge and understand that willful misrepresentation or falsification is punishable by law. I understand that if permission from the State is granted, it will be a revocable license and will not constitute a license coupled with an interest. I acknowledge that this revocable license does not resolve any actual or potential disputes regarding the ownership of, or rights in, or over the property upon which the subject project is proposed, and shall not be construed as recognizing or denying any such rights or interests. I acknowledge that such a license would relate only to the property interests of the State and would not obviate the necessity of obtaining any other State license, permit or authorization required by State law. I further acknowledge that I will have no liveaboards, nor allow them to occur, at this structure. I recognize that I waive my right of expectation of privacy and I do not have the permission of the State of Georgia to proceed with such project until the Commissioner of DNR has signed a copy of this request. Sincerely Attachment By:1 By+ / (Applicant), title if applicable (Applicant), title if applicable U The State of Georgia hereby grants you a revocable license not coupled with an interest as provided in your request. This area may now or in the future be utilized by boats employing power drawn nets under the provisions for commercial or sport bait shrimping. In its occupancy and use of the premises, licensee shall not discriminate against any person on the basis of race, gender, color, national origin, religion, age, or disability. This covenant by licensee may be enforced by termination of this license, by injunction, and by any other remedy available at law to the Department. The project proposed for this license must be completed within 3 years of the date of issuance of the license and must be maintained in serviceable condition. Otherwise, action will be initiated to revoke this license and all structure must be removed immediately at the licensee's expense. STATE OF GEORGIA Office of the Governor By: For: Chris Clark, Commissioner -DNR DATE: [ kitti) Revised 12/1/2009 \R-g-COVE15\ ��� 41 1 yr1(] 44n— at —<uur u4:c4pm rrom -LKU CLULUI0 ;AMPLE DRAWING P LINc,- INO1cATE 51zc LENGTH 4 ry F' E _r. N :AN HIGH Y'ATER 5HEETINa- INDICATE 517.E TYPE I, AN LoW t Q r v0- = a L_i. t TYP cA L 5 E C'i 1 o N Zr +9122623131 • T -672 P.001 /003 F -091 i 1 1pc 1NG'\CATE. GLU1-7; EUEVA' lot )NDIcA T . w►D 1-j - r.•-- BUI.KµEAS� D`/N l\ A5 MOH) CWALE SEP 2 I Q Q EX (gTING SANk - -� fisEcA�1 <� ANC-10R5 To PRE- VENT suppiNG. INDI`A-TE TYPE Sir E, 4 LENGTH • �+�--- 'BACK F;LL.- SaN Dy CLAY FRo IC,- E-t G RC m 51TE. NDICA a NAATcFRIAL. E1 AMoLiN'T 'SCALE 1N FEET BULKHEAD 4 FILL. PRIVA -TE RE 1DEl�tC )1401CA'TE. W41TE.RYYAy coumirY sHEE-T— OF...._ DbiE• Pal)PC J1 WI- Lts w� WOOD -.Up CO) OR 0 • • • • • • • • REPLY TO ATTENTION OF: Regulatory Division SAS -2010 -00948 Mr. Leo Hayser 501 5th Street Tybee Island, Georgia 31328 Dear Mr. Hayser: DEPARTMENT OF THE ARMY SAVANNAH DISTRICT, CORPS OF ENGINEERS 104 W. OGLETHORPE AVENUE SAVANNAH, GEORGIA 314014640 OCT 2 9 2010 j-2 -l3 Dar, ka exh-- C 0E. '4f and 4-o 50.•.ho J cA4 f ; ( 0 . "* I refer to the Pre - construction Notification (PCN) submitted on September 20, 2010, requesting verification for use of Nationwide Permit (NWP) No. 13 for the construction of a 140 linear foot timber bulkhead. The project site is located along the shoreline of Horse Pen Creek on Tybee Island, Chatham County, Georgia (Latitude 32.0076° N, Longitude - 80.8466° W). This project has been assigned number SAS - 2010 -00948 and it is important that you refer to this number in all communication concerning this matter. We have completed a preliminary Jurisdictional Determination (JD) for the site pursuant to our March 4, 2009, Public Notice entitled, "Characterization of Jurisdictional Determinations: Purpose, Application and Documentation Requirements as Defined by the Savannah District, US Army Corps of Engineers." I have enclosed a "JD Check Sheet," which summarizes the JD, delineation verification and appeals process. The wetlands /other waters on the subject property may be waters of the United States and therefore within the jurisdiction of Section 404 of the Clean Water Act (CWA) (33 United States Code 1344) and/or Section 10 of the Rivers and Harbors Act of 1899 (33 United States Code 403). The placement of dredged or fill material into any waterways and/or their adjacent wetlands or mechanized land clearing of those wetlands could require prior Department of the Army authorization pursuant to Section 404. We have completed coordination with other federal and state agencies as described in Part C (27) (d) of our NWP Program, published in the March 12, 2007. Federal Register, Vol. 72, No. 47, Pages 11092 -11198 (72 FR). The NWPs and Savannah District's Regional Conditions for NWPs can be found on our web site at http: / /wv, N.sas.usace.armv. roil /re laton, /regulatory.html, (click on "Permitting" on the left side, and scroll down to 2007 NWP Regulation. You may select NWPs (March 12, 2007) and/or Regional Conditions for NWPs link). During our coordination procedure, no adverse comments regarding the proposed work were received. -2_ The Georgia Department of Natural Resources, Coastal Resources Division ( GACRD) denied Georgia Coastal Management Program (GCMP) Certification, pursuant to the Coastal Zone Management Act, for use of the Nationwide Permit. THIS LETTER IS THE US ARMY CORPS OF ENGINEERS' PROVISIONAL VERIFICATION FOR YOUR USE OF THE NATIONWIDE PERMIT, AND DOES NOT AUTHORIZE WORK IN WATERS OF THE UNITED STATES. PRIOR TO BEGINNING WORK IN WATERS OF THE US YOU MUST OBTAIN GCMP CERTIFICATION FROM THE GACRD FOR YOUR PROJECT AND SUBMIT A COPY OF THE CERTIFICATION TO THIS OFFICE. Stee, p Once you submit a copy of the GCMP Certification for your project to this office, you will d have fulfilled this prerequisite for use of the Nationwide Permit. You will not receive N\ confirmation of receipt of the required certification from this office. Please be advised that if you fail to obtain and submit the necessary GCMP Certification prior to beginning work, this action would be considered a willful and knowing violation of Section 404 of the Clean Water Act and appropriate enforcement action will be taken. As a result of our evaluation of your project, we have determined that the proposed activity is authorized under NWP No. 13 as described in Part B (13) of the NWP Program. Your use of this NWP is valid only if: a. The activity is conducted in accordance with the information submitted and meets the conditions applicable to the NWP , as described at Part C of the NWP Program and the Savannah District NWP Regional Conditions. b. You obtain a stream buffer variance, if required. Variances are issued by the Director of the Georgia Environmental Protection Division, as defined in the Georgia Erosion and Sedimentation Control Act of 1975, as amended. c. You fill out and sign the enclosed certification and return it to our office within 30 days of completion of the activity authorized by this permit. This proposal was reviewed in accordance with Section 7 of the Endangered Species Act. Based on the information we have available, we have determined that the project would have no effect on any threatened or endangered species nor any critical habitat for such species. Authorization of an activity by a NWP does not authorize the "take" of threatened or endangered species. hi the absence of separate authorization, both lethal and non - lethal "takes" of protected species are in violation of the Endangered Species Act. See Part (C) of 72 FR for more information. This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued or revoked prior to March 18, 2012. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice 3 when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. This authorization should not be construed to mean that any future projects requiring Department of the Army authorization would necessarily be authorized. Any new proposal, whether associated with this project or not, would be evaluated on a case -by -case basis. Any prior approvals would not be a determining factor in making a decision on any future request. Revisions to your proposal may invalidate this authorization. In the event changes to this project are contemplated, I recommend that you coordinate with us prior to proceeding with the work. This communication does not relieve you of any obligation or responsibility for complying with the provisions of any other laws or regulations of other federal, state or local authorities. It does not affect your liability for any damages or claims that may arise as a result of the work. It does not convey any property rights, either in real estate or material, or any exclusive privileges. It also does not affect your liability for any interference with existing or proposed federal projects. If the information you have submitted and on which the US Army Corps of Engineers bases its determination/decision of authorization under the NWP is later found to be in error, this determination may be subject to modification, suspension or revocation. Copies of this letter are being provided to the following parties: Georgia Department of Natural Resources, Coastal Resources Division, Attention: Mr. Karl Burgess, Permit Coordinator, One Conservation Way, Suite 300, Brunswick, Georgia 31520,Georgia. Thank you in advance for completing our Customer Survey Form. This can be accomplished by visiting our web site at http: // pert. nwp.usace.armv.mil /survey.html, and completing the survey on -line. We value your comments and appreciate your taking the time to complete a survey each time you interact with our office. If you have any questions, please call me at 912- 652 -5130. Sincerely, Enclosures Darian S. Buchannon Regulatory Specialist, Permits Section Coastal Branch Imagery pate Feb 29, 2008 . , r,..-.„.,.:°, ,-•,- r,-„,--• '14,4 Image 11 1, 3,9eotogIca Levey ..0 2010Vtirop,4-irkshnielegies Image .$ 201:071re ria" lietliic a .2010--'do'oale .x I` ^',--*,-• ......." _ 32.00•412° lent ;90.850580', elev fi ic) ,,,,/ \, Regulatory Division CERTIFICATION OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT FILE NUMBER: SAS -2010 -00948 PERMITTEE ADDRESS: Mr. Leo Hayser 501 5th Street Tybee Island, Georgia 31328 LOCATION OF WORK: The project site is located along the shoreline of Horse Pen Creek on Tybee Island, Chatham County, Georgia (Latitude 32.0076° N, Longitude - 80.8466° W). PROJECT DESCRIPTION: To construct a 140 linear foot timber bulkhead. ACRES AND/OR LINEAR FEET OF WATERS OF THE US IMPAC1 ED: NIA DATE COMPLETED: I understand that the permitted activity is subject to a US Army Corps of Engineers' Compliance Inspection. If I fail to comply with the permit conditions at Part C of the Nationwide Permit Program, published in the March 12, 2007, Federal Register, Vol. 72, No. 42, Pages 11092- 11198, it may be subject to suspension, modification or revocation. 1 hereby certify that the work authorized by the above referenced permit as well as any required mitigation (if applicable) has been completed in accordance with the terms and conditions of the said permit. Signature of Permittee Date dir r—LUU I 1.14 ; c411M r rcm-L(L 1-UV ;AMPLE ORAWiNG FUNGI- INDIcATE SIZE, LENGTH 4 ryps AN GH ACTS: w u NM; AN LOW itY ;IFER 1 +g12 CM T-E72 p •oai nos F-091 ;1\17cATE SLUP; LVATtoj •SHEE - INDICNTE 511E RI, Tv= , • w'71-1 Nk. :Yr. et ANN K )1,40 gm'(-7-- kk WierrH 04 hc? kt-t-o€.6 TY?icAL cnoN V —.—,telESSeastione ! ' ; w ANC. ir4 C.; 5 TO VE N T 51...1PPIMG INOicAk-7E TYPE,, LENT• F ROM 517E. s . t. ' , • ScA46. u..i FEE7 \ it; N\ -3/4uN'T 1 5U LKI4 EAT) 4 FILL FIAIVANTE DEM C. IhtpletsTS. coulairyCks-1-4-rai APP C ANT' -1-77X)aet.0 514,E7 DikTE' REPLY TO ATTENTION OF: Regulatory Division DEPARTMENT OF THE ARMY SAVANNAH DISTRICT, REGULATORY DIVISION JURISDICTION/DELINEATION CHECK SHEET USACE FILE NUMBER: SAS -2010 -00948 DATE: October 22, 2010 A. SECTION 1 - PRELIMINARY JURISDICTIONAL DETERMINATIONS I. JURISDICTIONAL DETERMINATION (JD). A "preliminary JD" form was completed for the site in accordance with the March 4, 2009, Public Notice entitled, "Characterization of Jurisdictional Determinations: Purpose, Application and Documentation Requirements as Defined by the Savannah District, US Arrny Corps of Engineers." The form details whether streams, wetlands and/or other waters present on the site may be subject to the jurisdiction of the US Army Corps of Engineers ( USACE). In summary, the USACE has determined the following with regard to waters present on the site: X There may be navigable waters of the United States (US) within Rivers and Harbors Act (RHA) jurisdiction present. X There may be waters of the US within Clean Water Act (CWA) jurisdiction present. 2. DELINEATION VERIFICATION. With regard to the location and extent of potentially jurisdictional areas present on the site, the USACE has made the following determinations: Wetlands were delineated in accordance with criteria contained in the 1987 "Corps of Engineers Wetland Delineation Manual." X Drawings submitted with a Pre- Construction Notification (or other application) depict the approximate location/boundaries of all potentially jurisdictional waters on the project site. The USACE has verified the accuracy of the depicted boundaries of potentially jurisdictional waters in only the immediate vicinity of waters to be impacted. A complete jurisdictional delineation request, including a jurisdictional waters survey, would be required in order for the USACE to consider final verification of all other jurisdictional boundaries on the project site. The drawing entitled " ," dated is an acceptable sketch of the approximate location/boundaries of all the potentially jurisdictional waters in the project area. This sketch can be used for initial real estate planning; projects with temporary impacts to waters; projects involving minor amounts of fill in waters; or work only subject to our jurisdiction pursuant to Section 10 of the Rivers and Harbors Act of 1899. A complete jurisdictional delineation request, including a jurisdictional waters survey, would be required in order for the USACE to consider final verification of all other jurisdictional boundaries on the project site. 3. APPEALS OF PRELIMINARY JURISDICTIONAL DETERMINATION& The preliminary JD is a "non- binding" written indication that there may be waters of the US on a parcel. Preliminary JDs are advisory in nature and may not be appealed (See 33 CFR 331.2)." If you are not in agreement with this preliminary JD, then you may request an approved jurisdictional determination for your project site or review area. B. SECTION - EXPANDED PRELIMINARY JURISDICTIONAL DETERMINATIONS: L JURISDICTIONAL DETERMINATION (JD). An "expanded preliminary JD" form was completed for the site in accordance with the March 4, 2009, Public Notice entitled, "Characterization of Jurisdictional Determinations: Purpose, Application and Documentation Requirements as Defined by the Savannah District, US Army Corps of Engineers." The form details whether streams, wetlands and /or other waters present on the site may be subject to the jurisdiction of the USACE. In summary, the USACE has determined the following with regard to waters present on the site: There may be navigable waters of the United States (US) within Rivers and Harbors Act (RHA) jurisdiction present. There may be waters of the US within Clean Water Act (CWA) jurisdiction present. 2. DELINEATION VERIFICATION. With regard to the location and extent of potentially jurisdictional areas present on the site, the USACE has made the following determinations: Wetlands were delineated in accordance with criteria contained in the 1987 "Corps of Engineers Wetland Delineation Manual." The Global Positioning System (GPS) delineation entitled " dated , is an accurate delineation of the location/boundaries of all the potentially jurisdictional waters on the site. If you have not already done so, I recommend that you place a statement on this delineation to the effect that, "WETLANDS AND OTHER WATERS SHOWN ON THIS DRAWING ARE POTENTIALLY UNDER THE JURISDICTION OF THE US ARMY CORPS OF ENGINEERS AS SHOWN IN USACE FILE NUMBER SAS - 2010- 00948. OWNERS MAY BE SUBJECT TO PENALTY BY LAW FOR DISTURBANCE TO THESE WATERS WITHOUT PROPER AUTHORIZATION." This delineation will remain valid for a period of 5 years unless new information warrants revision prior to that date. The survey entitled " ", dated , and signed by Registered Land Surveyor , is an accurate delineation of the location/boundaries of all the potentially jurisdictional waters on the site. If you have not already done so, I recommend that you place a statement on the final surveyed property plat to the effect that, "WETLANDS AND OTHER WATERS SHOWN ON THIS DRAWING ARE POTENTIALLY UNDER THE JURISDICTION OF THE US ARMY CORPS OF ENGINEERS AS SHOWN IN USACE FILE NUMBER SAS - 2010 - 00948. 2 OWNERS MAY BE SUBJECT TO PENALTY BY LAW FOR DISTURBANCE TO THESE WATERS WITHOUT PROPER AUTHORIZATION." This delineation will remain valid for a period of 5 -years unless new information warrants revision prior to that date. 3. APPEALS OF PRELIMINARY JURISDICTIONAL DETERMINATIONS: The expanded preliminary JD is a "non-binding" written indication that there may be waters of the US on a parcel. Expanded Preliminary JDs are advisory in nature and may not be appealed (See 33 CFR. 331.2)." If you are not in agreement with this expanded Preliminary JD, then you may request an approved jurisdictional determination for your project site or review area. C. SECTION 3 - APPROVED DETERMINATIONS: As defined in Regulatory Guidance Letter 08 -02, an approved JD is an official Savannah District determination that jurisdictional "waters of the United States" or "navigable waters of the United States," or both, are either present or absent on a particular site. An approved JD precisely identifies the limits of those waters on the project site determined to be jurisdictional under the Clean Water Act (CWA) and/or the Rivers and Harbors Act (RHA). 1. JURISDICTIONAL DETERMINATION (JD). An "approved JD" form was completed for the site pursuant to the June 5, 2007, "US Army Corps of Engineers (USACE) JD Form Instructional Guidebook." The form details whether streams, wetlands and/or other waters present on the site are subject to the jurisdiction of the USACE. In summary, the USACE has determined the following with regard to waters present on the site: There are navigable waters of the (US) within (RHA) jurisdiction present. There are waters of the US within (CWA) jurisdiction present. There are non jurisdictional waters of the US located in the project area. There are no jurisdictional waters of the US located in the project area. 2. APPROVED DETERMINATION - ISOLATED, NON - JURISDICTIONAL WATERS. If Appendix E of the March 4, 2009, Public Notice entitled, "Characterization of Jurisdictional Determinations: Purpose, Application and Documentation Requirements as Defined by the Savannah District, US Army Corps of Engineers" was submitted, you have requested that the USACE verify the presence of isolated, non jurisdictional waters located at the project site or within the review area. The completed Appendix E form is available at https:/ /sas■eb.sas.usace.armv.mil /JD /, under the above listed file number. You may also request that a printed copy of the form be mailed to you. This isolated, non jurisdictional determination will remain valid for a period of 5 -years unless new information warrants revision prior to that date. In summary, the USACE has determined the following with regard to isolated, non - jurisdictional waters that are present on the site: Wetlands were delineated in accordance with criteria contained in the 1987 "Corps of Engineers Wetland Delineation Manual." 3 There are isolated non - jurisdictional waters present that are not subject to CWA jurisdiction. Specifically, wetland(s) [letter of wetlands here], as identified on the exhibit entitled " " is /are isolated, non - jurisdictional wetlands. Department of the Army authorization, pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344), is not required for dredge and/or fill activities in these areas. 3. APPROVED DETERMINATION. (other than isolated, non jurisdictional waters): If Appendix B of the March 4, 2009, Public Notice entitled, "Characterization of Jurisdictional Determinations: Purpose, Application and Documentation Requirements as Defined by the Savannah District, US Army Corps of Engineers" was submitted, you have requested that the USACE verify the presence of jurisdictional waters located at the project site or within the review area. The completed Appendix B form is available at https:r /sasww eb.sas.usace.arinv.rnil/JD', under the above listed file number. You may also request that a printed copy of the form be mailed to you. This jurisdictional determination will remain valid for a period of 5 -years unless new information warrants revision prior to that date. In summary, the USACE has determined the following with regard to isolated, non jurisdictional waters that are present on the site: Wetlands were delineated in accordance with criteria contained in the 1 987 "Corps of Engineers Wetland Delineation Manun1." The Global Positioning System (GPS) delineation entitled dated , is an accurate delineation of all the jurisdictional boundaries on the site. If you have not already done so, I recommend that you place a statement on this delineation to the effect that, "JURISDICTIONAL WETLANDS AND OTHER WATERS SHOWN ON THIS DRAWING ARE UNDER THE JURISDICTION OF THE US ARMY CORPS OF ENGINEERS AS SHOWN IN USACE FILE NUMBER SAS -2010- 00948. OWNERS MAY BE SUBJECT TO PENALTY BY LAW FOR DISTURBANCE TO THESE JURISDICTIONAL AREAS WITHOUT PROPER AUTHORIZATION." This approved jurisdictional determination will remain valid for a period of 5 -years unless new information warrants revision prior to that date. The survey entitled " ", dated , and signed by Registered Land Surveyor , is an accurate delineation of all the jurisdictional boundaries on the site. If you have not already done so, I recommend that you place a statement on the final surveyed property plat to the effect that, "JURISDICTIONAL WETLANDS AND OTHER WATERS SHOWN ON THIS DRAWING ARE UNDER THE JURISDICTION OF THE US ARMY CORPS OF ENGINEERS AS SHOWN IN USACE FILE NUMBER SAS - 2010- 00948. OWNERS MAY BE SUBJECT TO PENALTY BY LAW FOR DISTURBANCE TO THESE JURISDICTIONAL AREAS WITHOUT PROPER AUTHORIZATION." This approved jurisdictional determination will remain valid for a period of 5 -years unless new information warrants revision prior to that date. 4. APPEALS FOR APPROVED JURISDICTIONAL DETERMINATIONS: You may request an administrative appeal for any approved geographic jurisdictional determination under USACE regulations at 33 Code of Federal Regulation (CFR) Part 331. Enclosed you will find a 4 Notification of Administrative Appeal Options and Process (NAP) Fact Sheet and Request for Appeal (RFA) Form. If you request to appeal this /these determination(s) you must submit a completed RFA form to the South Atlantic Division Office at the following address: US Army Corps of Engineers, South Atlantic Division Attention: CESAD- PDS -O, Administrative Appeal Review Officer 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303 -8801 In order for a RFA to be accepted by the USACE, the USACE 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 Division Office within 60 days of the date of this form. It is not necessary to submit an RFA form to the Division Office if you do not object to this jurisdictional determination. D. SECTION 4 - APPLIES TO ALL OF THE ABOVE. - US DEPARTMENT OF AGRICULTURE (USDA) PROGRAM PARTICIPANTS, This delineation/determination has been conducted to identify the limits of USACE CWA jurisdiction for this site. This delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service prior to starting work. Attachments: Verified Survey of Jurisdictional Streams, Wetlands and/or Other Waters Verified GPS Delineation of Jurisdictional Streams, Wetlands and/or Other Waters _ X of Approximate Location of Streams, Wetlands and/or Other Waters Approved Jurisdictional Determination Form(s) X Notification of Appeal Process Fact Sheet /Request for Appeal Form .iii ianr<Buch Regulatory Spe Coastal Branch t, Permits Section 5 V44449 DATE i NOTIFICATION OF AD VIINISTF.ATIVE APPEAL OPTIONS AND PROCESS iiiillill AND REQUEST FOR APPEAL Applicant: Mr. Leo Hayser 1 File Number: SAS - 2010 -00948 Date: October 22, 2010 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at hit> z -;: w wof reg or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the pennit. ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit. ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the harm to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this fore and sending the form to the division engineer. The division engineer must receive this form within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: Darian Buchannon US Army Corps of Engineers, Savannah District 100 W. Oglethorpe Avenue Savannah, Georgia 31401- 3640 912 -652 -5130 If you only have questions regarding the appeal process you may also contact: Administrative Appeal Review Officer CESAD -PDS -O US Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303 -8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 -day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. Dianne Otto From: Sent: To: Cc: Subject: Downer Davis [dkdbus @gmail.com] Tuesday, November 02, 2010 8:39 AM Jonathan Lynn; Dianne Otto brandynapier3 @yahoo.com Hayser bulkhead I have reviewed the following documents: USA COE 10-29-10 letter t '-4' 4-4 4lior 1 a� (t -2 -c i, Corp S . ✓ 2 ,LQLd . ./r'✓e y . ;. C m.'-i4" i re-& , 4. At the top of page 2 it states they find the GA CRD denied GCMP certification. In the next paragraph they state any work that occurs prior to the GCMP being obtained and submitted to the USA COE office it will be a willful and knowing that once the applicant submits GCMP certification to the USA COE the applicant will have fulfilled violation of the 404 Clean Water Act. I am not aware of verification from the USA COE in the last 2 business days that acknowledges the USA COE has received this information. GA CRD 10 -14 -10 letter At the bottom of this page 1 and top of page 2 it advises all designs should be properly engineered and incorporate specific design features that ensure minimization of adverse impact outside the construction footprint. Most importantly, it states "This authorization does not relieve you from obtaining any other required federal (Army Corps of Engineers), state, or local permits." During our phone conversation yesterday a little after 4pm, I was advised of this project and the 1:52pm email providing me with review material. The Contractor called me around a 4:45pm. After discussion, we determined that as I had not been to the site to consider this matter and he had not seen any of the information you provided, we would discuss the matter around 8pm over the phone. I forwarded him all information and left the office. Based on my review of the material, my site observations and a subsequent conversation with the Owner, I offer the following comments and recommendations: 1 1) Ensure the City of Tybee has all required acknowledgements from the USA COE & GA CRD required. Specifically, that all conditions have been satisfied. 2) The application is not even as complete as one should be for a fence. There is no survey with the bulkhead location shown. Ensure that it is clear in the permit that the no part of the bulkhead is to be beyond the limits of the applicant's property. This would best be accomplished with a current survey showing the bulkhead and property corners flagged in the field. (This may be a requirement of the USA COE or the GA CRD. I have not assumed their review role and fully read all of their information.) 3) The Contractor, Joseph Napier, was most helpful and advised he had offered to assist the Applicant with the \permitting matter previously. He offered the following information in regard to the two sketches provided. The piling will be placed just inside the property line with the outside face of the piling on the property line. The timber pilings, wales and sheeting will all be treated to marine grade and as allowed by the regulatory agencies. We did not clarify if the 6 "x6" timbers used for "deadman" restraints and the 2"x12" top cap would also be marine grade for submersion or simply for marine exposure and below ground as applicable. The piling will be 6 "x6 "x12' timbers. A minimum of 5' will be embedded. He plans to auger the holes. He did not mention driving or jetting. The piling will be 5.5' on center. The anticipated height of the wall being 2.5'minimum to 3.5' maximum. Therefore, there will be only 2 wales rather than the 3 shown on the permit sketch. The wales and the sheeting will be 2 "x8 ". The sheeting will be 6' with a minimum of 2.5' below grade and 3.5' above. A woven fabric would be placed between the fill and the sheeting to prevent the migration of sediment through the bulkhead to state waters. The deadman timber restraints would be 6' in length placed vertically with the tops 0.5' below grade. The deadman restraints would be connected to the bulkhead with a galvanized 3/4" cable. 4) If R.O.W. encroachments are a concern in this area, an asbuilt is recommended to assure the completed project is not within the City R.O.W. This review and comments are not to be taken as engineering the project. Simply put, this is more of a landscape retaining wall and erosion control measure than a marine bulkhead on a tidal creek. The applicant's obvious preference to not retain design consultants to prepare clearer construction documents is a decision I will leave to your department. 2 This is a most incomplete application. However, if the above information is included as a condition of the permit, I foresee no problem with it being issued following verification of approval by all other governing agencies. Please call me if you have any questions. 3 Re: Hayser bulkhead - 'att.net Tail' Page 1 of 3 , MAIL Re: Hayser bulkhead From: "dkdbus @gmail.com" <dkdbus©gmail.com> To: "Diane Otto" <dotto©cityoftybee.org>, "Jonathan Lynn" <jlynn @cityoftybee.org> Cc: "'brandynapier3 @yahoo.com " <brandynapier3©yahoo.com>, "'Leo M. Hayser "' <Ihayser @bellsouth.net> Tuesday, November 2, 2010 2:50 PM Excellent Sent on the Sprint® Now Network from my BlackBerry® From: Dianne Otto <Dotto @cityoftybee.org> Date: Tue, 2 Nov 2010 14:10:31 -0400 To: Dianne Otto <Dotto @cityoftybee.org >; 'Downer Davis' <dkdbus @gmail.com >; Jonathan Lynn <jlynn @cityoftybee. org> Cc: 'brandynapier3@ yahoo .com' <brandynapier3 @yahoo.com >; 'Leo M. Hayser<Ihayser @bellsouth.net> Subject: RE: Hayser bulkhead Darian Buchannon called to let Tybee know that the COE is good to go with the Hayser project and no further documents will be issued by them. Dianne K. Otto, CFM City of Tybee Island phone 912.786.4573 ext. 136 fax 912.786.9539 From: Dianne Otto Sent: Tuesday, November 02, 2010 10:30 AM To: 'Downer Davis'; Jonathan Lynn Cc: brandynapier3 @yahoo.com; Leo M. Hayser Subject: RE: Hayser bulkhead Mr. Hayser just left the office. He was advised of the following: 1. The GCMP needs to be submitted to the COE. 2. The City of Tybee Island requires a survey of the property depicting the proposed location of the bulkhead. 3. Contractor Registration is needed for Joe Napier. Dianne K. Otto, CFM City of Tybee Island phone 912.786.4573 ext. 136 fax 912.786.9539 From: Downer Davis [maiito:dkdbus @gmail.com] Sent: Tuesday, November 02, 2010 9:49 AM To: Jonathan Lynn; Dianne Otto Cc: brandynapier3 @yahoo.com; Leo M. Hayser Subject: Re: Hayser bulkhead Resending with Leo Hayser copied. >hi :IiI/ n 1o®m;1Rdity4h o n /me /showMessage? sMid= 0 &fid= Horespen %2520Tribute... 11/4/2010 Re: Hayser bulkhead - 'att.net Neil' Page 2 of 3 On Tue, Nov 2, 2010 at 8:39 AM, Downer Davis <dkdbus(c�gmail.com> wrote: I have reviewed the following documents: USA COE 10 -29 -10 letter At the top of page 2 it states they find the GA CRD denied GCMP certification. In the next paragraph they state any work that occurs prior to the GCMP being obtained and submitted to the USA COE office it will be a willful and knowing that once the applicant submits GCMP certification to the USA COE the applicant will have fulfilled violation of the 404 Clean Water Act. I am not aware of verification from the USA COE in the last 2 business days that acknowledges the USA COE has received this information. GA CRD 10 -14 -10 letter At the bottom of this page 1 and top of page 2 it advises all designs should be properly engineered and incorporate specific design features that ensure minimization of adverse impact outside the construction footprint. Most importantly, it states "This authorization does not relieve you from obtaining any other required federal (Army Corps of Engineers), state, or local permits." During our phone conversation yesterday a little after 4pm, I was advised of this project and the 1:52pm email providing me with review material. The Contractor called me around a 4:45pm. After discussion, we determined that as I had not been to the site to consider this matter and he had not seen any of the information you provided, we would discuss the matter around 8pm over the phone. I forwarded him all information and left the office. Based on my review of the material, my site observations and a subsequent conversation with the Owner, I offer the following comments and recommendations: 1) Ensure the City of Tybee has all required acknowledgements from the USA COE & GA CRD required. Specifically, that all conditions have been satisfied. 2) The application is not even as complete as one should be for a fence. There is no survey with the bulkhead location shown. Ensure that it is clear in the permit that the no part of the bulkhead is to be beyond the limits of the applicant's property. This would best be accomplished with a current survey showing the bulkhead and property corners flagged in the field. (This may be a requirement of the USA COE or the GA CRD. I have not assumed their review role and fully read all of their information.) 3) The Contractor, Joseph Napier, was most helpful and advised he had offered to assist the Applicant with the \permitting matter previously. He offered the following information in regard to the two sketches provided. The piling will be placed just inside the property line with the outside face of the piling on the property line. The timber pilings, wales and sheeting will all be treated to marine grade and as allowed by the regulatory agencies. We did not clarify if the 6 "x6" timbers used for "deadman" restraints and the 2 "x12" top cap would also be marine grade for submersion or simply for marine exposure and below ground as applicable. The piling will be 6 "x6 "x12' timbers. A minimum of 5' will be embedded. He plans to auger the holes. He did not mention driving or jetting. The piling will be 5.5' on center. The anticipated height of the wall being 2.5'minimum to 3.5' maximum. Therefore, there will be only 2 wales rather than the 3 shown on the permit sketch. The wales and the sheeting will be 2 "x8 ". The sheeting will be 6' with a minimum of 2.5' below grade and 3.5' above. A woven fabric would be placed between the fill and the sheeting to prevent the migration of sediment through the bulkhead to state waters. The deadman timber restraints would be 6' in length placed vertically with the tops 0.5' below http: / /us.mc1808. mail. yahoo. com /mc/ showMessage? sMid= O &fid= Horespen %2520Tribute,,, 11/4/2010 Re: Hayser bulkhead - 'att.net Page 3 of 3 grade. The deadman restraints would be connected to the bulkhead with a galvanized 3/4" cable. 4) If R.O.W. encroachments are a concern in this area, an asbuilt is recommended to assure the completed project is not within the City R.O.W. This review and comments are not to be taken as engineering the project. Simply put, this is more of a landscape retaining wall and erosion control measure than a marine bulkhead on a tidal creek. The applicant's obvious preference to not retain design consultants to prepare clearer construction documents is a decision I will leave to your department. This is a most incomplete application. However, if the above information is included as a condition of the permit, I foresee no problem with it being issued following verification of approval by all other governing agencies. Please call me if you have any questions. This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the named addressee you should not disseminate, distribute or copy this e -mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of The City of Tybee Island. The recipient should check this email and any attachments for the presence of viruses. The City of Tybee Island accepts no liability for any damage caused by any virus transmitted by this email. City of Tybee Island P.O. Box 2749 Tybee Island, GA 31328 h tp./ //s me 1808ma l.ya oo. om /n/nc /ssho Message? sMid =0 &fid= Horespen� /o° ribbute... 1111/44/ 18