111-17 Gardner, Thomas & Julie

=l
mit Class
NEW
Permit Number
111-17
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Thomas and Julie Gardner, 44 Ford Avenue, Wharton, NJ 07885
Authorizing development in Chowan County at adi. to Albemarle Sound, at 226 and 228
Osprey Dr. in Edenton as requested in the permittee's application dated 7/7/17, including attached
workplan drawing, dated "Revised" 6/30/17.
This permit, issued on September 18, 2017 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
>i tnese terms may oe suolect to rmes, imprisonment or civil action; or may cause the permit to tie nuu ana vora.
Cultural Resources Protection
1) Prior to the initiation of any land -disturbing activities authorized by this permit, the permittee shall,
in coordination with the N.C. Department of Natural and Cultural Resources (NCDNCR), develop
and implement an archaeological survey of the proposed project area. Initiation of permitted land -
disturbing activities shall not begin until written approval is obtained from NCDNCR, and a copy of
such approval has been submitted to the Division of Coastal Management.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2020
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
Br tton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature ofPermittee

limas and Julie Gardner Permit No.111-17
Page 2 of 4
ADDITIONAL CONDITIONS
Upland Development
Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including the homesite, driveway,
culverts, pool, retaining wall, and other associated infrastructure, all as expressly and specifically set
„forth in the attached permit application and workplan drawings.
Shoreline Stabilization - Bulkhead
The alignment of the authorized bulkhead shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start of
construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions, shall require the alignment to be re -staked and verified by DCM within a maximum
'of 30 days prior to the new expected start of construction.
The bulkhead shall be constructed prior to any backfilling activities.
The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
The fill material shall be clean and free of any pollutants except in trace quantities.
All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
No backfill material is to be placed within 30 feet of the normal high water line, except that which will
'..'be used to backfill the area behind the permitted bulkhead.
A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of
grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
Pier and Platform
This permit authorizes only the pier and platform, and uses located in or over the water that are
expressly and specifically set forth in the permit application. No other structure, whether floating or
stationary, shall become a permanent part of this pier and platform without permit modification. No non -
water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit
modification.
The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The petn ittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor

and Julie Gardner
ADDITIONAL CONDITIONS
;; This permit does not authorize any formalized boat slips.
Permit No.111-17
Page 3 of 4
The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
Sedimentation and Erosion Control
An Erosion and Sedimentation Control Plan may be required for this project.
Contact the Division of Energy, Mineral and Land Resources, Land Quality Section at 943
Washington Square Mall, Washington, NC 27889 prior to the commencement of any such
activity for this determination.
USACE Conditions
In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined in the U.S. Army Corps of Engineers, Wilmington District
Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any
special conditions listed on this form, are hereby incorporated as special conditions of this permit
General
vegetated wetlands shall be excavated or filled, even temporarily, outside of the areas indicated in
attached workplan drawings.
This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
Any mitigative measures or environmental commitments specifically made by the applicant for this
project shall be implemented, regardless of whether or not such commitments are addressed by
individual conditions of this permit.
permittee and/or his or her contractor shall meet with a representative of the Division prior to
Pet initiation.
This pemut does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2017-00188).
The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4097 and assigned the project DWR Project No. 2016-1236.

and Julie Gardner Permit 111-17 t
Page 4 of 4
ADDITIONAL CONDITIONS
Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal water level.
An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.

Coastal Management
ENVIRONMENTAL QUALITY
September 13, 2017
Thomas & Julie Gardner
44 Ford Ave.
Wharton, NJ 07885
Dear Sir or Madam:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
The enclosed permit constitutes authorization under the Coastal Area Management Act, and
where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The
original (buff -colored form) is retained by you and it must be available on site when the project is
inspected for compliance. Please sign both the original and the copy and return the copy to this office in
the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal
described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS
113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter
150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714,
[phone] within twenty (20) days of this decision on your permit. You should also be aware that
another qualified party may submit an objection to the issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work
must be carried out in accordance with your application. Modifications, time extensions, and future
maintenance requires additional approval. Please read your permit carefully prior to starting work and
review all project plans, as approved. If you are having the work done by a contractor, it would be to your
benefit to be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we
request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if
questions arise concerning permit conditions, environmental safeguards, or problem areas, you may
contact Department personnel at any time for assistance. By working in accordance with the permit, you
will be helping to protect our vitally important coastal resources.
Enclosure
Sincerely,
A
r i
Douglas V. Huggett
Major Permits Manager
N.C. Division of Coastal Management
State of North Carolina I Environmental Quality l Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557
2528082809

PROJECT NARRATIVE
THOMAS D. & JULIE M. GARDNER
LOTS 30 & 31 — OSPREY DRIVE
ALBEMARLE SHORES U
CHOWAN COUNTY, NORTH CAROLINA
The applicant owns Lots 30 and 31 of Albemarle Shores II in Chowan County. The site is situated between
the improved Osprey Drive and Albemarle Sound. Highground along Osprey Drive is available for
wastewater disposal, and a highground area on the Albemarle Sound is desirable for residential
construction.
The project anticipates the need to fill wetlands which are subject to Section 404 of the Clean Water Act for
access and to support the residential construction. Also proposed is the construction of a bulkhead along
the eroding shoreline an average of 2 feet waterward of Normal Water yet not exceeding 5 feet. An 85-foot
long pier with a 20 x 20 foot tee is proposed to provide access to water for a shallow draft boat. Water
depths at the end of the pier are approximately 3.5 feet.
Of the 1.968 acres of wetlands at the site, 0.15 acres are proposed to be filled for access and 0.19 acres for
house construction. All fill will be retained by a retaining wall with 15-foot tiebacks. Mitigation is
proposed for unavailable wetland impacts from The Great Dismal Swamp Restoration Bank.
Received
UL 13 2912
DCM-EC
RECEIVED
all 71 IV
;:.... _ Y

BOB NP-9 Received
APPLICATION for JUL 13 2017
Maior Development Permit DMEC
(last revised 12127/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
9. Primary Applicant/ Landowner Informadon
Business Name
------- ---N--- ------ ._._._- -1---
Applicant) First Name
Thomas D.
--r-----------------------------....------
j Applicant 2: First Name MI -
Julie M.
Protect Name (if applicable)
------ ------
Last Name
Gardner
-
i Last Name
Gardner
-- -- -�i
I
I
If additional applicants, please attach an additional pages) with names listed.
Mailing Address
PO Box
City State
44 Ford Avenue
Wharton NJ
ZIP I Country
r -
Phone No.
1 FAX No.
07885 USA
L----
201 - 874 - 5801 ext.
--- L- - —T ------------
-�
--- - ---
Street Address (d different from above)
- -- -- -,- -- --- --
City
State ZIP
Email
[e-mail]
—
12. Agent/Contractorinformatior
_I
Business Name
Environmental Professionals, Inc.
Agent/ Contractor 1: First Name
MI Last Name
George
II
Wood
L H--
_.. --- — --- -- - -
Agent/ Contractor 2: First Name
— -- --- - - -
MI I Last Name
- — -- - ----- — - ---- --
-------------..-------.-
Mailing Address
-J
I PO Box
- - _.. --- --
City-e
13368
1 Kill Devil Hills LNC
ZIP
Phone No 1
--------
Phone No. 2
27948
252 - 441 0239 ext 105
252 423 -1234 ext.
FAXNo.- ----- ,. -....- -----
1 Contractor
252 441 0721
Street Address (rf different from above)
1404 S. Virginia Dare Trail
'City
1 Kill Devil Hills
State ZIP
NC J 27948 -
Email
[e-mail]
<Form continues on back>
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Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location ,• ,
County (can be multiple)
Street Address '
State Rd. #
Chowan
228 Osprey Drive
Subdivision Name
City
State
Zip
Albemarle Shores II
NC
Phone No.
Lot No.($) (if many, attach additional page with list)
ext.
30, 31,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Pasquotank
Albemarle Sound
c. Is the water body identified in (b) above, natural or manmade?
d. Name the dosest major water body to the proposed project site.
®Natural ❑Manmade []Unknown
Albemarle Sound
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes []NO
work falls within.
Chowan
4.
Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
250
172,715.4 (2 tracts)
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
88,121.9. 84,593.5,
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
+l- 6' ❑NHW or ®NWL
e.
Vegetation on tract
Pinus taeda, Nyssa sylvatica, Smilax bona-nox, Taxodium distichum, Mannolia virginiana, Typha latifolia
f.
Man-made features and uses now on tract
None
g.
Identify and describe the existing land uses adiacent to the proposed project site.
Residential
h.
How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
A-1 Agricultural District
(Attach zoning compliance certificate, 'rf applicable)
®Yes ❑No ❑NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA
National Register listed or eligible property?
<Form continues on next page> RECENED
JUL 31 2017
252.808-2808 :; 1-e88-4RcoAST :: www.nccoastalm3n8gaWP1.WHD CITY

Form DCM MP-1 (Page 3 of4) Received APPLICATION for
Major Development Permit
JUL 13 2017
m. (i) Are there wetlands on the site? D fq�,AEC ®Yes ❑No
(ii) Are there coastal wetlands on the site? ❑Yes ®No
(III) If yes to either (i) or (ii) above, has a delineation been conducted? Was ❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
None
o. Describe existing drinking water supply source.
None
p. Describe existing storm water management or treatment systems.
None
Y. v�.". )t &��\SL^, dev...+"vRA Y +1: A^Vai... x*ra ,✓.A.. La4a �A✓.GW(u S n���i 4n .LP &WS 3 �u l� n.. 24 ✓.:/. 1...
a. Will the project be for commercial, public, or private use? []Commercial ❑Public/Government
®Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Single -Family Residential
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Bulldozer for fill, water jets and vibrating hammer for bulkhead, saws and hammers for construction
d. List all development activities you propose.
Pool, single-family residence, access road, bulkhead, and pier
e. Are the proposed activities maintenance of an existing project, new work, or both? New
f. What is the approximate total disturbed land area resulting from the proposed project? 1.70 ❑Sq.Ft or ®Acres
g. Will the proposed project
encroach on any public easement, public accessway or other area ❑Yes RNo ❑NA
that the public has established
use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
None Existing
None Proposed
I. Will wastewater or stonnwater be discharged Into a wetland? ❑Yes RNo []NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes [-]No RNA
j. Is there any mitigation proposed? RYes ❑No ❑NA
If yes, attach a mitigation proposal.
<Form continues on back>
252.808.2808 I.888.411COAST :: www.necoastatmanagement.net

Form DCM MP-1 (Page 4 of 4) APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
i
package. to be complete Items (a) - (h are always applicable to any major development application Please consult the application k a7
instruction booklet on how to properly prepare the required Items below.
a. A project narrative.
b. An accurate, dated work plat (0cluding plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed -- -
c A site or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the sae.
d. A copy of the tleed (with state application only) or other Instrument under which the applicant claims title to the affected properties. J
e. The appropriate application fee. Check or money order made payable to
f. A list of the names and cemplete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Michael Brown Phone No.
Address 10105 Orlando Stone Drive - Bristow, VA 20136
Name Louis Posedel Phone No.
Address 205 Cameron Glen Drive - Apex, NC 27502
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, perrmittee, and Issuing dates.
None
h. Signed consultant or agent authorization form,
delineation, if necessary.
J. A signed AEC hazard notice for projects in oceanfront and inlet areas.
of public funds or use of public lands, attach a statement document!
by property owner)
:.G.S. 113A 1-10), if necessary. r the project invowes expenuimre
compliance with the North Carolina Environmental Policy Act.
"Pe mfssron to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
1 further certify that the information provided in this application is truthful to the best of my knowledge.
Date July 7, 2017 Print Name George H. Wood
Signature _
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts Received
®DCM MP-3 Upland Development
®DCM MP-4 Structures Information RECEIVED JUL 3 "� 2017
JUL 31 2017 DCM-EC
252-808.2808 :: 1.888.4RCOAST :: www.E)CcrAst&Mrlitarar$+eeheht.net

Form DCM MP-2
JUL 13 2017
EXCAVATION and DILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
NWL
stabilization
Length
Width
Avg. Existing
Depth
Final Project
`+"
fA
Depth
a. Amount of material to be excavated from below NHW or
cubic yards.
c. (i) Does the area to be excavated include coastal wetlandstmarsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB _
❑WL ❑None
(ii) Describe the purpose of the excavation in these areas:
a. Location of disposal area.
c. (i) Do you claim title to disposal area?
❑Yes ❑No ❑NA
(ii) If no, attach a letter granting permission from the owner
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ❑None
(ii) Describe the purpose of disposal in these areas:
to
d. 'High -ground excavation in cubic yards.
area.
d. (1) Will a disposal area be available for future maintenance?
❑Yes ❑No ❑NA
(ii) If yes, where?
f. (1) Does the disposal include any area in the water?
[]Yes []No ❑NA
(ii) If yes, how much water area is affected?
252-808.2808 :: 1.888-4RCOASY n vjwwr.nccoastalmanawement.net revised: 12/26/06

Form) OCM MP-2 (Excavation and Fill, Page 2 of 2) Received
3. SHORELINE STABILIZATION ❑This section not applicable
(if development is a wood groin, use MP-4 - Structures)
3. Type of shoreline stabilization: b. Lengths (252 feet
®Bulkhead ❑Riprap ❑Breakwater/Sill LJOther: Width: 1'
c. Average distance waterward of NHW or NWL: +/- 2 d. Maximum distance waterward of NHW or NWL: +/- 5'
e. Type of stabilization material: f. (1) Has there been shoreline erosion during preceding 12
Wooden Bulkhead months?
®Yes ONO ❑NA
(11) If yes, state amount of erosion and source of erosion amount
information.
Unknown
g. Number of square feet of fill to be placed below water level. It. Type of fill material.
Bulkhead backfill +/- 20 C. vds. Riprap _ Sand
Breakwater/Sill _ Other
L Source of fill material.
Commercial Supplier
4. OTHER FILL ACTIVITIES []This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ®Yes ONO ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
If y� submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
(h) Amount of material to be placed in the water 20 c. vds. number of square feet affected.
(iii) Dimensions of fill area 252 x 2 ❑CW _ ❑SAV _ ❑SB
(iv) Purpose of fill OWL 17,638 sc. ft. ❑None
Backfill Bulkhead (ii) Describe the purpose of the fill in these areas:
----- driveway & single-family residence
15. GENERAL — --
u
a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline,
cpntrolled? backhoe, or hydraulic dredge)?
Fill material placed behind bulkhead or retaining wall(s). Backhoe
c. (1) Will navigational aids be required as a result of the project? d. (1) Will wetlands be crossed in transporting equipment to project
[]Yes ONO ❑NA site? []Yes ®No []NA
(ii) If yes, explain what type and how they will be implemented. (11) If yes, explain steps that will be taken to avoid or minimize
N/A environmental impacts.
WA
July 7, 2017 Thomas D..& Julie M. Gardner
- — - --- -_-- — Applicant Name
Date
Gardner -- - --- — — - —
_ Applicant Si ature
Project Name.-^ i V
JUL 31 2017
252-808.2808::1.888-4RCOAST::W_wnccoastalgiammement.net pC(\fl_ Ise®'CITY

Received
Form DCM MEP-3
JUL 1.3 2017
UPLAND DEVELOPMENT DMEC
(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. Please include all supplemental information.
x ✓' �� F '`T � �
� a#'..x�
y� fi a��. 4 eS^t (� C{ Y @ a Y`3 '"v " '!X'� t'
a. Type and number of buildings, facilities, units or structures b.
Number of lots or parcels.
proposed.
2 lots (combined)
One
c. Density (give the number of residential units and the units per d.
Size of area to be graded, filled, or disturbed including roads,
acre).
ditches, etc.
one unit per 3.965 acres
1.54 acres
e. If the proposed project will disturb more than one acre of land, the f.
List the materials (such as marl, paver stone, asphalt, or concrete)
Division of Land Resources must receive an erosion and
to be used for impervious surfaces.
sedimentation control plan at least 30 days before land -disturbing
Concrete, Gravel
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
❑Yes ®No ❑NA
(ii) If yes, list the date submitted:
g. Give the percentage of the tract within the coastal shoreline AEC to h.
Projects that require a CAMA Major Development Permit may also
be covered by impervious and/or built -upon surfaces, such as
require a Stonnwater Certification.
pavement, building, rooftops, or to be used for vehicular driveways
(i) Has a site development plan been submitted to the Division of
or parking.
Water Quality for review?
12.9%
❑Yes ®No ❑NA
I. Give the percentage of the entire tract to be covered by impervious
(ii) If yes, list the date submitted: N/A_
and/or built -upon surfaces, such as pavement, building, rooftops,
,
or to be used for vehicular driveways or parking.
5.7%
j. Describe proposed method of sewage disposal. k.
Have the facilities described in Item (i) received state or local
On -Site Wastewater- Ground Absorption
approval?
[]Yes []No ®NA
If yes, attach appropriate documentation.
I. Describe location and type of proposed discharges to waters of the m.
Does the proposed project include an innovative stonnwater
- state (e.g., surface runoff, sanitary wastewater, industrial/
design?
commercial effluent, "wash down" and residential discharges).
❑Yes ®No ❑NA
None
If yes, attach appropriate documentation.
252.808-28082 :: i-888.4RCOAST :: www.nccoastalmana4ement.not revised: 12126106

Form DCM MP-3 (Upland Development, Page 2 of 2)
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
Well
o. When was the lot(s) platted and recorded?
July 16, 1998
July.7, 2017
n. (i) Will water be impounded? ❑Yes ®No ❑NA
(ii) If yes, how many acres?
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
❑Yes []No ®NA
Received
JUL 13 2017
DCM-EC
IAA - "VED
)017
-il" a ,., .A..' CITY
1(
262-808.2808 :: 1-888-0RC0AS7 :: www,nccoastalmanaRement.net
revised: 12/26/06

Received r
Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
JUL fl 3 7017
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public?
[]Commercial ❑PublictGovemment ®Private/Community ❑Yes ®No
c. (i) Dock(s) and/or pier(s)
d. (i) Are Finger Piers Included? []Yes ®No
(ii) Number 1
If yes:
(Ili) Length 85
(il) Number N/A
(iv) Width 6
(Ili) Length N/A
(v) Floating ❑Yes ®No
(iv) Width N/A
(v) Floating ❑Yes ®No
e. (i) Are Platforms included? ®Yes []No
f. (1) Are Boatlifts included? []Yes ®No
If yes:
If yes:
(ii) Number 1
(ii) Number 0
(lil) Length 20
(ill) Length N/A
(iv) Width 20
(iv) Width N/A
(v) Floating ❑Yes ®No
Note: Roofed areas are calculated from drip/ine dimensions.
g. (i) Number of slips proposed
h. Check all the types of services to be provided.
1
❑ Full service, including travel lift and/or rail, repair or
(ii) Number of slips existing
maintenance service
0
❑ Dockage, fuel, and marine supplies
—
❑ Dockage Net slips' only, number of slips:
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
.
® Other, please describe:
cleats
i. Check the proposed type of siting:
❑ Land cut and access channel
❑Open water; dredging for basin and/or channel
®Open water, no dredging required
❑Other, please describe:
k. Typical boat length: 20'
m. (i) Will the facility have tie pilings?
[]Yes ®No
(ii) If yes number of tie pilings?
0
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
Open runabout
I. (1) Will the facility be open to the general public?
[]Yes ®No
252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanaceement.net revised: 12127/06

Form CCM MP-4 (structures, Page 2 of a) Received
i DOCKING FACIUmMARINA OPERATIONS EThis section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project
❑ Office Toilets
❑ Toilets for patrons; Number: Location:
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
C. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
(ii) Give the location and number of "Pumpout Available" signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed.
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
m. Is the marina/docking facility proposed within a primary or secondary nursery area? JUL 3 1 2017
[]Yes []No
DCM- MHa riTy
252-808.2808 :: 1-888-4RCOAS7 :: www,nccoastalmanagement_net revised: 12127/06

Form DCM MP-4 (Structures, Page 3 of 4)
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes []No
o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom -
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB Reevived
❑WL []None
JUL 1 i 201i
p. Is the proposed marinaidocking facility located within or within close proximity to any shellfish leases? []Yes []No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. D C t(g- pia
a. (i) is the boathouse structure(s):
❑Commercial ❑PublidGovernment ❑Private/Community
(ii) Number
(III) Length _
.(iv)Width
Note: Roofed areas are calculated from dripline dimensions.
a. (i) Number
(ii) Length
(iii) Width
a. Length
c. Maximum distance beyond NHW, NWL or wetlands
a. Is the structure(s):
[]Commercial ❑PublidGovernment ❑Private/Community
C. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
b. Average distance from NHW, NWL, or wetlands
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
252-808.2808 :: 1-888-4RCOAST :: www.nccoasta1mARaaement.net revised: 12127106

Form DCM MP-4 (Structures, Page 4 of 4)
a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities.
25' ` 30'
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
5.7 miles
a. (i) Will navigational aids be required as a result of the project?
❑Yes ❑No ®NA
(ii) If yes, explain what type and how they will be implemented.
a. Give complete description:
July 7 2017 ;
Date - —
Gardner
Project Name -
Thomas 0. & Julie M. Gardner
Applicant Name %/
_ ��_-LL—__.__
Applicant Sig ture -
d. Water depth at waterward and of structure at NLW or NWL
RECEIVED
JUL 31 2917
DCM- MHD CITY
Received
JUL 1$ 2017
DMEC
252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06

Received
IUI. 1.1 2017
89lI8UY31EUB DM
Eg
i'SlIf6tSIUNdLS 11f3 y,r
—L1!—
PLANNING FOR
A BETTER
ENVIRONMENT
July 7, 2017
The Great Dismal Swamp Restoration Bank, LLC
Attn: Ms. Beverly White
P.O. Box 6186
Chesapeake, VA 23323
Dear Ms. White,
This letter is to request confirmation of acceptance for mitigation credits for the Thomas D. and Julie M.
Gardner application for proposed impacts to wetlands.
Corps' Project Number:
Waterway:
Permittee's Name:
Location of Impact:
Permit Action:
Impacts (Acres/Linear Feet):
Impact NWI Classification:
Impact Hydrologic Unit Code:
Anticipated Mitigation:
In Process
Non -Riparian
Thomas D. & Julie M. Gardner
Albemarle Shores H, Chowan County, North Carolina
CAMA & Corps' Permit
0.34 Acres
None
Pasquotank 03010205
0.68 Acres
Thank you for providing a letter of acceptance for these proposed impacts.
Sincerely,
Environmental Professionals, Inc.
Wes. hI GY
George H. Wood, CEP, P S
P.O. ROX3368 KILL DEVIL HILLS, NORTH CAROLINA 27948
TELEPHONE: [phone] • FAX: [phone] • EMAIL: [e-mail]

MEMO
To:
North Carolina Division of Environmental Quality
Water Resources -Water Quality Regional Operations Section
Attn: Mr. Chris Pullinger
cc:
Oceanside Contractors/Attn: Mr. JR Milligan
From:
George IL Wood, CEP, PWS /A0:5
Date:
June 30, 2017
Re:
Thomas & Julie Gardner — Osprey Point
11. 13 7.017
CCM-EC
You noted during our on -site meeting on February 23, 2017 the need to demonstrate additional avoidance and minimization of impacts to
wetlands on the waterward side of the project. This memo will memorialize these efforts. The following table will demonstrate the
progression of the efforts for avoidance and minimization beginning in 2016.
October 12, 2016
Total Area of Disturbance 71,5W
Total Impervious Area 9,436
Impervious Area Within
75' AEC 1,416
Wetland Fill for Driveway 5,891
Wetland Fill for House 16,202
Wetland Fill with 75' AEC 185
Total Fill 22,093
January 11, 2017 May 4, 2017 June 30, 2017
67,008 66,166 74,000
9,436 9,436 9,796
1,416 1,416 2,443
5,891 5,891 6,638
11,747 10,959 8,180
148 94 78
17,638 16,850 14,818
This avoidance and minimization reflects a 32.9% reduction RECe 1V0ZMlan to the plan submitted with this transmittal.
Thank you for your consideration of this information and trust thht Z 11 be, 6�quate to address the need for additional avoidance and
minimization. 1 C
DCM- MHD CITY
Environmental Professionals, Inc.
P.O. Box 3368
Kill Devil Hills, NC 27948
Telephone: [phone] *** Fax: [phone]
Email: [e-mail]

DCM Coordinator: 1 Permit
. MAH ING DISTREBUTION SHEET._
DCM Field Offices
;Elizabeth City (with revised work plan drawings)
Morehead City
Washington
Wilmington
US ACOE Offices:
Washington:
Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimano
Tyrrell)
Josh Peletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffens (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington:
Tyler Crumbley (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Renee Gledhill -Earley 1
Public Water Supply:
Heidi Cox (WIRO)
Clif Whitfield (WARO)
Marine Fisheries:
Shane Staples
Curt Weychert
NC DOT:
David Harris
Shellfish Sanitation:
Shannon Jenkins
State Property:
Tun Walton
DENH,"WR:
Karen Higgins
Kristy Lynn Carpenter (NC DOT -All Projects)
Washington: Anthony Scarbraugh-401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington:
Wildlife Resources:
LPO:
Fax Distribution:
Robb Mairs — 401 (Carteret, Onslow, Pender, New Hanover)
Chad Coburn — 401 (Brunswick)
Georgette Scott - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Maria Dunn (WARO)
OWW
Permittee #: Agent#

C Z
Application Review Checklist
Applicant �oyta5 Jul c 4tcrd�a/"
Entered into Spreadsheet?
Agent Cf(p ")ood Field Rep. Gyr/
Physical Address IA 30 £ 31 ante y �. �cbv,{en
AECs
Green Cards?
Raparian rights?
Navigation/
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FTZ calculations
Habitat Development
RV e� TXTA Designations 159 C (O�j ' Buffer 4/t/41_
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COMMENTS

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
A) APPLICANT: Thomas and Julie Gardner (2n" submittal) County: Chowan
LOCATION OF PROJECT: Albemarle Shores, Lot #30 & #31 on Osprey Drive, on Albemarle Sound
DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 07/13/17
FIELD RECOMMENDATION: Attached: YES To Be Forwarded: NO
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
RECEIVED
JUI. 31 2017
FIELD SPECIALIST: Lynn Mathis DISTRICT OFFICE: h Cift.na"D CITY
DISTRICT MANAGER REVIEW: Date:
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: N/A
PUBLIC NOTICE REC'D: Advertise: 08/02/17 END OF NOTICE DATE: Comments due: 08/22/17
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D:
APPLICATION ASSIGNED TO: EAR ON: 1
C) 75 DAY DEADLINE: 09/26/17 150 DAY DEADLINE:
MAIL OUT DATE: Circulation: i A19117 STATE DUE DATE: Comments due: 0 / 7 /7
FEDERAL DUE DATE:
FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY
DRAFT ON
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
Coastal Management - Regional RepresentativetkA
7 t7,
�c
Coastal Management - LUP Consistency Co
8// 2t'I1
?�
,
Division of Community Assistance
El/9 t
jc
Land Quality Section--DEMLR RP
2�� 7
16
5d1eH Nc � K 'ta
DWR/DWQ-4Q-Jferl?rotection '10(
t/1 (
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zotb—t1so
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DWR- PublicWaterSupply
83'1
%C
State Property Office
ol�;
Division of Archives & History —Cultural Res.
Division of Env. Health —Shellfish Sanitation
Division of Highways --DOT
Wildlife Resources Commission
n
Local Permit Office/Planning D ept. C;
DMF—DCM Fisheries Resource Specialist
(
)C
Corps of Engineers
J rok�&

I
K,
Coastal Management
ENVIRONMENTAL QUALITY
I IT, 14 i►i [01:1_1 ki I Bill kh
TO: Doug Huggett, Major Permits Coordinator
THROUGH: Frank Jennings, District Manager PV
FROM: Lynn Mathis, Field Specialist
DATE: July 20, 2017
ROY COOPER
Governor
MICHAEL REGAN
Secretary
BRAXTON DAVIS
Director
" TCEIVED
JUL 31 2011
D M- MHG CITY
SUBJECT: Thomas and Julie Gardner CAMA Major Permit Application
The applicant's, Thomas and Julie Gardner, propose the following development:1) the filling of 14,818sf of 404
wetlands for the construction of an access road and a waterfront building site, 2) the installation of a septic
pumping station from the sound side of the property to a septic drain field on the road side of the property, 3)
the construction of 978' of retaining wall to contain the proposed wetland fill, 4) the installation of (4) 24" culverts
to maintain a hydrological connection between the wetland areas to the north and south of the proposed fill
area, 4) the construction of a single family residence, 5) construction of a swimming pool, 6) installation of a
brick patio/pool deck, 7) the construction of a -252' long vinyl bulkhead an average of 2' waterward of normal
water level (NWL), and, 8) the construction of a 85' x 6' pier with a 20' x 20' platform.
The applicant's consultant, George Wood, has submitted application to The Great Dismal Swamp Restoration
Bank, LLC, to obtain 1.01 wetland mitigation credits in trade for the proposed wetland fill. Confirmation of the
mitigation credit has not been received.
The revised application submitted includes a-7,275sf reduction of proposed 404 wetland fill.
SECTION .0200 - THE ESTUARINE AND OCEAN SYSTEMS
15A NCAC 07H .0206 ESTUARINE WATERS
(c) Management Objective. To conserve and manage the important features of estuarine waters so as to
safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and
establish a management system capable of conserving and utilizing estuarine waters so as to maximize
their benefits to man and the estuarine and ocean system.
Consistent: The proposed bulkhead, pier and platform fall within the general use standards.
(d) Use Standards. Suitable land/water uses shall be those consistent with the management objectives in this
Rule. Highest priority of use shall be allocated to the conservation of estuarine waters and their vital
components. Second priority of estuarine waters use shall be given to those types of development activities
that require water access and use which cannot function elsewhere such as simple access channels;
structures to prevent erosion; navigation channels; boat docks, marinas, piers, wharfs, and mooring pilings.
In every instance, the particular location, use, and design characteristics shall be in accord with the general
-`>^Nothing Compares �
State of North Carolina I Environmental Quality I Coastal Management
1367 US Hwy 17 South I Elizabeth City, NC 27909
252-264-3901

Thomas and Julie Gardner
Recommendations
Page 2
use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this
Section.
Consistent: The project meets the use standards and is consistent with the intent of this rule.
15A NCAC 0711.0208 USE STANDARDS
(a) General Use Standards
(1) Uses which are not water dependent shall not be permitted in coastal wetlands, estuarine waters, and
public trust areas. Restaurants, residences, apartments, motels, hotels, trailer parks, private roads,
factories, and parking lots are examples of uses that are not water dependent. Uses that are water
dependent include: utility crossings, wind energy facilities, docks, wharves, boat ramps, dredging,
bridges and bridge approaches, revetments, bulkheads, culverts, groins, navigational aids, mooring
pilings, navigational channels, access channels and drainage ditches;
Consistent: NIA — 404 wetland impacts.
(2) Before being granted a permit, the CRC or local permitting authority shall find that the applicant has
complied with the following standards:
(A) The location, design, and need for development, as well as the construction activities involved shall
be consistent with the management objective of the Estuarine and Ocean System AEC (Rule .0203
of this subchapter) and shall be sited and designed to avoid significant adverse impacts upon the
productivity and biologic integrity of coastal wetlands, shellfish beds, submerged aquatic
vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas;
Consistent: No SAVs, Coastal Wetlands, or shellfish beds.
(B) Development shall comply with state and federal water and air quality;
Consistent: Not an issue.
(C) Development shall not cause irreversible damage to documented archaeological or historic
resources as identified by the N.C. Department of Cultural resources;
Consistent: NIA
(D) Development shall not increase siltation;
Consistent: Temporary at time of construction only.
(E) Development shall not create stagnant water bodies;
Consistent: NIA
(F) Development shall be timed to avoid significant adverse impacts on life cycles of estuarine and
ocean resources;
Consistent: Subject to permit review and conditions.
(G) Development shall not jeopardize the use of the waters for navigation or for other public trust rights
in public trust areas including estuarine waters.
Consistent: Navigation will not be interfered with.
(3) When the proposed development is in conflict with the general or specific use standards set forth in
this Rule, the CRC may approve the development if the applicant can demonstrate that the activity
associated with the proposed project will have public benefits as identified in the findings and goals of
the Coastal Area Management Act, that the public benefits outweigh the long range adverse effects of
the project, that there is no reasonable alternate site available for the project, and that all reasonable
means and measures to mitigate adverse impacts of the project have been incorporated into the project
design and shall be implemented at the applicant's expense. Measures taken to mitigate or minimize
adverse impacts shall include actions that:
Consistent: No conflict.
--'^Nothing Compares
State ofNonh Carolina I Environmental Quality I Coastal Management
1367 US Hwy 17 South I Elizabeth City, NC 27909
252-264-3901

Thomas and Julie Gardner
Recommendations
Page 3
15 NCAC 07H .0208 Use Standards
,F �EIVED
JUL 31 2017
(b) Special Use Standards DClM- MHQ CITY
(6) Piers and Docking Facilities.
(A) Piers shall not exceed six feet in width. Piers greater than six feet in width shall be permitted
only if the greater width is necessary for safe use, to improve public access, or to support a
water dependent use that cannot otherwise occur;
Consistent: Proposed pier will be 6' wide.
(B) The total square footage of shaded impact for docks and mooring facilities (excluding the pier)
allowed shall be eight square feet per linear foot of shoreline with a maximum of 2,000 square feet.
In calculating the shaded impact, uncovered open water slips shall not be counted in the total.
Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the
greater dimensions are necessary for safe use, to improve public access, or to support a water
dependent use that cannot otherwise occur. Size restrictions shall not apply to marinas;
Consistent: The combined area will be within the limitation.
(C) Piers and docking facilities over coastal wetlands shall be no wider than six feet and shall be
elevated at least three feet above any coastal wetland substrate as measured from the bottom
of the decking;
Consistent: None proposed.
(D) A boathouse shall not exceed 400 square feet except to accommodate a documented need for a
larger boathouse and shall have sides extending no farther than one-half the height of the walls
and covering only the top half of the walls. Measurements of square footage shall be taken of the
greatest exterior dimensions. Boathouses shall not be allowed on lots with less than 75 linear feet
of shoreline. Size restrictions do not apply to marinas;
Consistent: NIA
(E) The total area enclosed by an individual boatlift shall not exceed 400 square feet except to
accommodate a documented need for a larger boat lift;
Consistent: NIA
(F) Piers and docking facilities shall be single story. They may be roofed but shall not be designed to
allow second story use;
Consistent: Single story proposed.
(G) Pier and docking facility length shall be limited by:
(i) not extending beyond the established pier or docking facility length along the same
shoreline for similar use; (This restriction does not apply to piers 100 feet or less in
length unless necessary to avoid unreasonable interference with navigation or other
uses of the waters by the public);
Consistent: the proposed pier and platform will not exceed another pier
(i) not extending into the channel portion of the water body; and,
Consistent: The proposed pier and platform will be outside of any navigation channel.
(iii) not extending more than one-fourth the width of a natural water body, or human made canal or
basin. Measurements to determine widths of the water body, canals or basins shall be made from
the waterward edge of any coastal wetland vegetation that borders the water body. The one-fourth
length limitation does not apply in areas where the U.S. Army Corps of Engineers, or a local
government in consultation with the Corps of Engineers, has established an official pier -head line.
The one-fourth length limitation shall not apply when the proposed pier is located between longer
piers or docking facilities within 200 feet of the applicant's property. However, the proposed pier or
Nothing Compares..,,
State of North Carolina I Environmental Quality I Coastal Management
1367 US Hwy 17 South I Elizabeth City, NC 27909
252-264-3901

Thomas and Julie Gardner
Recommendations
Page 4
I
docking facility shall not be longer than the pier head line established by the adjacent piers or
docking facilities, nor longer than one-third the width of the water body.
Consistent: The proposed pier and platform will be less than % the of the water body
width.
(H) Piers or docking facilities longer than 400 feet shall be permitted only if the proposed length gives
access to deeper water at a rate of at least 1 foot each 100-foot increment of length longer than
400 feet, or, if the additional length is necessary to span some obstruction to navigation.
Consistent: Requested with platform is 105'.
(1) Piers and docking facilities shall not interfere with the access to any riparian property and shall
have a minimum setback of 15 feet between any part of the pier or docking facility and the adjacent
property owner's areas of riparian access.
Consistent: The dock will maintain a minimum of 15' from the riparian line.
(J) Applicants for authorization to construct a pier or docking facility shall provide notice of the permit
application to the owner of any part of a shellfish franchise or lease over which the proposed dock
or pier would extend. The applicant shall allow the lease holder the opportunity to mark a navigation
route from the pier to the edge of the lease.
Consistent: The pier location will not be over any shell fishing franchise.
(7) Bulkheads:
(A) Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the location of
normal high water or normal water level;
Consistent: Bulkhead shall be an average of 2' waterward of normal water level.
(B) Bulkheads shall be constructed landward of coastal wetlands in order to avoid significant adverse
impacts to the resources;
Consistent: No Coastal Wetlands.
(C) Bulkhead backfill material shall be obtained from an upland source approved by the Division of
Coastal Management pursuant to this Section, or if the bulkhead is a part of a permitted project
involving excavation from a non -upland source, the material so obtained may be contained behind
the bulkhead;
Consistent: Applicant will obtain backfill from a high ground commercial source.
(D) Bulkheads shall be permitted below normal high water or normal water level only when the
following standards are met:
(i) the property to be bulkheaded has an identifiable erosion problem, whether it results from
natural causes or adjacent bulkheads, or it has unusual geographic or geologic features,
e.g. steep grade bank, which will cause the applicant unreasonable hardship under the
other provisions of this Rule; Consistent
(ii) the bulkhead alignment extends no further below normal high water or normal water level
than necessary to allow recovery of the area eroded in the year prior to the date of
application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship
resulting from the unusual geographic or geologic features; Consistent
(iii) the bulkhead alignment will not adversely impact public trust rights or the property of
adjacent riparian owners; Consistent
(iii) the need for a bulkhead below normal high water or normal water level is documented by
the Division of Coastal Management; and, Consistent
(v) the property to be bulkheaded is in a non -oceanfront area. Consistent
!--'Nothing Compares
State of North Carolina I Environmental Quality I Coastal Management
1367 US Hwy 17 South I Elizabetb City, NC 27909
252-264-3901

W.
Thomas and Julie Gardner
Recommendations
Page 5
(E) Where possible, sloping rip -rap, gabions, or vegetation shall be used rather than bulkheads.
Consistent: The shoreline along the applicant's property is a high bluff and would require
significant alteration to accommodate a riprap or gabion alignment.
SECTION .0600 - DEVELOPMENT STANDARDS APPLICABLE TO ALL AECS
15A NCAC 07H .0601 NO VIOLATION OF ANY RULE
No development shall be allowed in any AEC which would result in a contravention or violation of any rules,
regulations, or laws of the State of North Carolina or of local government in which the development takes place.
Consistent: As proposed the project is consistent with the intent of this rule.
15A NCAC 07H .0602 POLLUTION OF WATERS
No development shall be allowed in any AEC which would have a substantial likelihood of causing pollution of
the waters of the state in which shellfishing is an existing use to the extent that such waters would be officially
closed to the taking of shellfish. This rule shall also apply to development adjacent to or within closed shellfish
waters when a use attainability study of those waters documents the presence of a significant shellfish resource
in an area that could be expected to be opened for shellfishing given reasonable efforts to control the existing
sources of pollution.
Consistent: As proposed the project is consistent with the intent of this rule
Observations and Comments:
Based on my review of the North Carolina Administrative Code, the permit application and plans the
entire development proposed could be undertaken without filling any non -coastal wetlands. I
recommend the following specific conditions should the request be approved:
1) No work should begin until the Division receives verification of mitigation acceptance and payment,
and,
2) The bulkhead alignment shall be staked by the applicant or their representative and verified by staff
prior to construction.
017
CITY
'Nothing Compares
State of Noeh Carolina I Environmental Quality I Coastal Management
1367 US Hwy 17 South I Elizabeth City, NC 27909
252-264-3901

Coastal Management
ENVIRONMENTAL OUALITV
July 28, 2017
MEMORANDUM
TO:
I I;
JUL 312017
i
Shellfish Sanitatic- �=e_•aatiortal
Water Oualk-,
Shannon Jenkins
Environmental Health— Shellfish Sanitation
ROY COOPER
Governor
MICHAEL S. REGAN
Secremry
BRAXTON C. DAVIS
D,mclor
FROM: Doug Huggett, Major Permits Coordinator
c/o Gregg Bodnar, Assistant Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Thomas and Julie Gardner (2nd submittal)
Project Location: Lot #30 & #31 on Osprey Drive, Chowan County, on Albemarle Sound
Proposed Project: Retaining wall, filling 404 wetlands, culverts under fill driveway,
bulkhead, pier with platform, residence, swimming pool, and deck
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 08/18/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Lynn Mathis 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 ir�ett IVED
comments. ll�� GG
AUG 0 %,2017
SIGNED ,Ska-y10"ywn— DATE $10 ton DCM- MHD CITY
For: atoa vtovl -,32_nrinS
-'Nothing Compares —�
State of North Carolina I Environmental Quality I Coastal Management
401 S. Cmtin St., Ste 3001 Elizabeth City, NC 27909
252-264-39011252-331-2951 [fax]

Coastal Management
ENVIRONMENTAL QUALITY
July 28, 2017
MEMORANDUM
TO: Clif Whitfield, Environmental Engineer
DWR—Public Water Supply Section, WaRO
ROY COOPER
Governor
MICHAEL S. REGAN
secrelmy
BRAXTON C. DAVIS
Director
FROM: Doug Huggett, Major.Petmits Coordinator
c/o Gregg Bodnar, Assistant Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Thomas and Julie Gardner (2nd submittal)
Project Location: Lot #30 & #31 on Osprey Drive, Chowan County, on Albemarle Sound
Proposed Project: Retaining wall, filling 404 wetlands, culverts under fill driveway,
bulkhead, pier with platform, residence, swimming pool, and deck
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 08/18/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Lynn Mathis 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.
/
v 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 L (if r W DATE
-:' Nothing Compares
State of North Carolina I rmvironmemal Quality I Coaslol Management
401 S. Grifrm St., Ste 3001 EEnbeth City, NC 27909
252-264-39011252-331-2951[fax]

• � c
,
Coastal Management
ENVIRONMENTAL OUALITV
July 28, 2017
MEMORANDUM
TO:
ROY COOPER
Gownior
MICHAEL S. REGAN
secretary
BRAXTON C. DAVIS
Director
Anthony Scarbraugh, DWR - Water Quality - 401, WaRO
FROM: Doug Huggett, Major Permits Coordinator
c/o Gregg Bodnar, Assistant Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Thomas and Julie, Gardner (Ind submittal)
Project Location: Lot #30 & #31 on Osprey Drive, Chowan County, on Albemarle Sound
Proposed Project: Retaining wall, filling 404 wetlands, culverts under fill driveway,
bulkhead, pier with platform, residence, swimming pool, and deck
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 08/18/17 to 400 Commerce Avenue Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Lynn Mathis 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.
— 4 o1►, t; i, a„w ���� y �pQ Y�JI - 4►Ms' ac>�� - t13(0
SIGNED ILAAV V \' � DATE A,110k
^� Nothing Compares -
State of North Carolina I Environmental Quality I Conlal Management
401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909
252-264-39011252-331-2951 jful

Water Resources
Envirotoeadal Quality
July 5, 2017
Mr. Thomas D. and Mrs. Julie M. Gardner
44 Ford Avenue
Wharton, New Jersey 07885
ROY COOPER
Governor
MICHAEL S. REGAN
secretary
S. JAY ZIMMERMAN
Director
DWR Project # 2016-1236
Chowan County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Lots #30 and #31, Osprey Drive, Albemarle Shores subdivision — retaining wall,
bulkhead, pier, platform, dwelling, pool, deck, fill
Dear Mr. and Mrs. Gardner:
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources (Division) on December 12, 2016, with final
additional information received on June 30, 2017. These impacts are covered by the attached
Water Quality General Certification Number 4097 and the conditions listed below. This
certification is associated with the use of Regional General Permit Number 291 once it is issued
to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal,
state or local permits before proceeding with your project, including those required by (but not
limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed
regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or
general permit and the following additional conditions:
1. The following impacts are hereby approved, provided that all the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. [15ANCACO2B.0506(b)(c)]]
Type of Impact
Amount
Amount
Plan
Approved
Approved
location/
(units)
(units)
Reference
Permanent
Temporary
Attached
404 Wetlands
0.34 (acres)
0 (acres)
Sheet 1 of 1
Shallow water bottom RII
0.02 (acres)
0 (acres)
Sheet 1 of 1
Open water shading
0.02 (acres)
0 (acres)
Sheet 1 of 1
-':"-Nothing Compares"_..
state of NoM Cerol¢u I EnvlrmmenW Quality I Water Resouus-Water Quality Regional Operations Seetion-Washington Regional Oftim
943 Wa hingtan Sq.. Mall, Washington, North Cuoli. 2780
252-9 491

Thomas and Julie Gardner —Osprey Point
DWR# 2016-1236
401APPROVAL
Page 2 of 3
2. Water Quality Certification
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 4097. [15A NCAC 02B .0507(c)]
Continuing Compliance
3. During construction of the proposed project, fueling, lubrication and general equipment
maintenance should not take place within 50 feet of a waterbody or wetlands to
prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A
NCAC 02B .0200 (3)(f)]
4. This approval and their conditions are final and binding unless contested. [G.5. 143-215.51
These Certifications can be contestedasprovided in Articles 3 and 4 of General Statute 150E by
filing written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between
B:OOam and S:OOpm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc.):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285

Thomas and Julie Gardner —Osprey Point
DWR# 2016-1236
401APPROVAL
Page 3 of 3
One (1) copy of the petition must also be served to DENR:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Rules.
Please contact Chris Pullinger at 252-948-3922 or chris.oullinzerpncdenr.zov if you have any
questions or concerns.
�Sinceerely,,
Robert Tankard, Assist 888nt Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 4097
Certification of Completion
cc: Raleigh Bland, USACE Washington Regulatory Field Office (viae-mail)
Lynn Mathis, DCM WaRO (via e-mail)
Gregg Bodnar, DCM Morehead City (via e-mail)
George Wood (via e-mail: obxwoodPvahoo.com)
DWR WaRO401 files
Laserfiche

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Coastal management
ENVIRONMENTAL OLIALITY
July 28, 2017
MEMORANDUM
TO:
Lee Padrick
Division of Community Assistance
ROY COOPER
Gacemor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
FROM: Doug Huggett, Major Permits Coordinator
c/o Gregg Bodnar, Assistant Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Thomas and Julie Gardner (Ind submittal)
Project Location: Lot #30 & #31 on Osprey Drive, Chowan County, on Albemarle Sound
Proposed Project: Retaining wall, filling 404 wetlands, culverts under fill driveway,
bulkhead, pier with platform, residence, swimming pool, and deck
:
agency's position or viewpoint on the proposed project and return this
arding the proposed project, please contact Lynn Mathis at (252)
in-depth comments with supporting data are requested.
agency has no objection to the project as proposed.
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 seasons described in the attached
comments.
A�
Y ��
SIGNED
DATE
'4 r
x
Nothing Compares. _
r
State ofNONh CaroEna I Envimntnental Quality I Coastal Management
' - t
401 s. Griffin St., Ste 3001 Elizabeth City, NC 27909
252.264+39011252+331.2951 lful

Coastal Management
ENVIRONMENTAL QUALITY
July 28, 2017
MEMORANDUM
TO:
RECEIVED
AW 0.1 10fP.
DCM-F]sherlaa
. WARO
Shane Staples, Fisheries Resource Specialist
Division of Coastal Management, WaRO
ROY COOPER
Gammor
MICHAEL S. REGAN
Semmry
BRAXTON C. DAVIS
Dimaor
FROM: Doug Huggett, Major Permits Coordinator
c/o Gregg Bodnar, Assistant Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Thomas and Julie Gardner (2nd submittal)
Project Location: Lot #30 & #31 on Osprey Drive, Chowan County, on Albemarle Sound
Proposed Project: Retaining wall, filling 404 wetlands, culverts under fill driveway,
bulkhead, pier with platform, residence, swimming pool, and deck
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 08/18/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Lynn Mathis 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.�� tror
y This agency has no comment on the proposed prcject.�pr"✓%CAJ
/L4.rVtae
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 of f 7
`!'Nothing Compares.- .
Site ofNoRh Cardin I rmNimnmmil Quality I Coastal M wgemw
401 S. Gs1am St. Ste 3001 Eiraheth City. NC 27909
252-264-39011252331-2951 [fax]

ROY COOPER
Gooemor
MICHAEL S. REGAN
secretory
BRAXTON C. DAVIS
Coastal Management Direeior
ENVIRONMENTAL QUALITY
July 28, 2017
MEMORANDUM
TO: Roger Thorpe, Coastal Stormwater
Division of Energy, Minerals & Land Resources (WaRO)
FROM: Doug Huggett, Major Permits Coordinator
c/o Gregg Bodnar, Assistant Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA/DREDGE & FILL Permit Application.Review
Applicant: Thomas and Julie Gardner (2nd submittal)
Project Location: Lot #30 & 931 on Osprey Drive, Chowan County, on Albemarle Sound
Proposed Project: Retaining wall, filling 404 wetlands, culverts under fill driveway,
bulkhead, pier with platform, residence; swimming pool, and deck
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 08/18/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Lynn Mathis 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 VtA^DATE. 11-Akj - 2017
</ Nothing Compares. _
State of North Carolina I Emironmental Quality I Coastal Management
401 S. Griffin SL, Ste 300 1 Elizabeth City, NC 27909
252-264-39011252-331-2951 (11em)

Coastal Management
ENVIRONMENTAL OUALITY
July 28, 2017
MEMORANDUM
TO:
G. la. 08•D I. 03
Maria Tripp Dunn
NC Wildlife Resources Commission
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
BRAXTON C. DAVIS
Director
V'
AUG 2017
RECEIVED
PMVM
�aN'on
FROM: Doug Huggett, Major Permits Coordinator
c/o Gregg Bodnar, Assistant Major Permits Coordinator
Division of Coastal Management
SUBJECT
Applicant:
Project Location:
CA.MA/DREDGE & FILL Permit Application Review
Thomas and Julie Gardner (2nd submittal)
RECEIVED
AUG 14 2017
DCM- MHD CITY
Lot #30 & #31 on Osprey Drive, Chowan County, on Albemarle Sound
Proposed Project: Retaining wall, filling 404 wetlands, culverts under fill driveway,
bulkhead, pier with platform, residence, swimming pool, and deck
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 08/18/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Lynn Mathis at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY:
Tnl"" ' - ru ru naYrcP
This agency has no objection to the project as proposed. F 1"
/ C�p.�rtc l t ntt i �e'f
✓ This agency has no comment on the proposed project. 1 ' D � UP �.
,tM4 JnS��'1 ��
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 I , ) DATE Il f?) I T
!'''Nothing Compares
State of North Carolina 1 Environmental Quality I Coastal Management
401 S. Giffin St., Ste 3001 Elizabeth City, NC 27909
252-264-39011252-331-2951 [fax]

t;
Coastal Management
ENVIRONMENTAL QUALITY
July 28, 2017
MEMORANDUM
TO:
RECEIVED
AUG 01 2017
DOA
STATE PROPERTY
OFFICE
Tim Walton, Manager
State Property Office
ROY COOPER
Govemor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
FROM: Doug Huggett, Major Permits Coordinator
c/o Gregg Bodnar, Assistant Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Thomas and Julie Gardner (2nd submittal)
Project Location: Lot #30 & #31 on Osprey Drive, Chowan County, on Albemarle Sound
Proposed Project: Retaining wall, filling 404 wetlands, culverts under fill driveway,
bulkhead, pier with platform, residence, swimming pool, and deck
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 08/18/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Lynn Mathis at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: Th}s 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.
_ RECEIVED
SIGNED DATE / 1 7
2017
!'"Nothing Compares DCM- MHD CITY
State of North Carolina I Fnvlronmental Quality I Coastal Management
401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909
252-264-39011252-331-2951 [fax]

R�Py COOPER•
Govniar
Received
MICHAFLS.REGAN
ly
Received BRAXTON C: DAVIS,
CoastdWanagohent
ENVIRONMENTAL OUALITY
DGM-EC AUG 21 7011
July 28, 2017
DOWN
MEMORANDUM
TO:
David B. Harris, RoWsideErosion.Controf Vegetation
Management lhigineer,'-NCDOT- Roadside, Environmental Unit
FROM:
Doug.Huggett, Major Permits Coordinator
c/o, Gregg Bodnar,.Assislant,Major Permits Coordinator
Division'of f Coastal, Management
SUBJECT:
CAMA/DRtD GE- Fl LL Permit Appl icat i owRevicw
Applicant:
Thomas and Julk Gardner (2nd submittal)
Project Location: Lot 430 & #31 on Osprey Drive, ClioNyan County, on Albeinarle,Soilnd
.Prop
osed-Project: Retaining wall, filling 404 -%yetlands, culverts under rill driveway,
bulkhead, pier with plaitorm', residence, swi I i I iminig , pool, and deck
Please indicate below your agency's;position or viewpoint on the proposed projec(afid-returnthis
form by 08/18117-to 400 Conjmerce,Avenue, Morehead'City, NC 28557 (fax: [phone]
If you haveany questions regarding th6=pro_Pose&p'rcj&ct,, please contact Lynn Mathis'6t (252)
2643901. When appropriate, in-depth comments with supporting data arerequqsted'
REPLY: This agency,has,no objection to the'project7as. proposed.
This agency has no.comment on th.eProposed project.
Thi&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
c6inuients.
. 11
0 .SIGNED , oJ aN-&— DATE of f q
-^:-Nothlnq Compares
Swe of Ncqth Cvolina I GR,irmmsrfiiQixaily I C6wtil S' SM60mmt
401S.Griffin Si, Ste 300 I Elizeb4h Ci;).\'C27909
251-264-3901 125L3$I-2951 irm)

Coastal Management
ENVIRONMENTAL QUALITY
July 28, 2017
MEMORANDUM
TO:
Charlan Owens, District Planner
Division of Coastal Management
ROY COOPER
Gowmor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
FROM: Doug Huggett, Major Permits Coordinator
c/o Gregg Bodnar, Assistant Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Thomas and Julie Gardner (2nd submittal) RECEIVED
Project Location: Lot #30 & #31 on Osprey Drive, Chowan County, on AlbemaiM&(M&017
Proposed Project: Retaining wall, filling 404 wetlands, culverts under fill Qi'jOMWAHD CITY
bulkhead, pier with platform, residence, swimming pool, and deck
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 08/18/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Lynn Mathis 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.
DATE 8—zl —1'+—
'Nothing Compares
State of North Carolina I Environmental Quality I Coastal Management
401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909
252-264-39011252-331-2951 [fax]

Coastal Management
ENVIRONMENTAL OLIALITY
MEMORANDUM
TO: Gregg Bodnar, Major Permits Processing Coordinator
Division of Coastal Management
FROM: Charlan Owen1XCP, NE District Planner
Division of Coastal Management
ROY COOPER
Governor
MICHAEL S. REGAN
secretary
BRAXTON C. DAVIS
Director
RECEIVED
AUG 9, 5 Z017
DCM- MHU i;C jY
SUBJECT: Major Permit Request by Thomas and Jane Gardner to install 252 linear feet of
vinyl bulkhead and a 6 foot wide by 85 foot long pier with a 20 foot by 20 foot
terminus platform on the Albemarle Sound; install a gravel access road, septic
pumping station with septic drain field, two (2) retaining walls totaling 978 linear
feet and four (4) 24 inch diameter culverts, and; construct a single family house
with associated swimming pool and brick patio/pool deck; on the property at 226
and 228 Osprey Drive, off Drummond's Point Road, in Chowan County.
DATE: August 21, 2017
Consistency Determination: The request is consistent with/not in conflict with the Chowan
County/Town of Edenton 2008 Core Land Use Plan certified by
the CRC on July 24, 2008.
Overview: The 3.97-acre project site consists of two (2) vacant waterfront lots with a combined
shoreline of 255.33 linear feet along the Albemarle Sound. Water depths range from 0 at the
shoreline to -3.5 feet at a distance of 105 feet offshore. There is a 5 to 6-foot-high escarpment
along the natural shoreline with clear evidence of erosion. Fetch at this site is estimated at over
9 miles, making the shoreline extremely susceptible to erosion. The site consists of approximately
.74 acre of soundside uplands and 1.26 acres of roadside uplands that are bisected by
approximately 1.97 acres of Section 404 wetlands. The property is located primarily within the
AE floodzone with ".2 percent annual chance of flooding" areas near the roadway.
A 5 foot to 6-foot-high concrete barrier is located along the northeast corner of the shoreline. The
barrier was placed by the adjacent property owner to protect the corner of his bulkhead.
An initial Major Permit application for site development was reviewed on January 17, 2017. A
second was reviewed on February 1, 2017. This review is for an updated Major Permit application
routed on July 28, 2017. The updated application indicates reduced impacts to Section 404
wetlands and modification of proposed brick patio/pool deck and retention wall.
Installation of 252 linear feet of vinyl bulkhead and a 6-foot-wide by 85-foot-long pier with a 20
foot by 20-foot terminus platform on the Albemarle Sound; installation of a gravel access road,
septic pumping station with septic drain field, two (2) retaining walls totaling 978 linear feet and
four (4) 24-inch diameter culverts, and; construction of a single family house with associated
swimming pool and brick patio/pool deck are proposed. The vinyl bulkhead will be located an
Nothing Compares.`
State of North Carolina I Environmental Quality I Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City. North Carolina 27909
2522643901

North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 2 of 6
average of 2 feet and a maximum of 5 feet waterward of Normal Water Level (NWL). The concrete
barrier at the northeast corner of the shoreline will be removed. Wetlands will be filled to allow for
construction of the access road and the waterfront building site. The septic pumping station will
be located on the soundside uplands and the septic drain field will be located on the roadside
uplands. The retaining walls will contain proposed wetland fill and the culverts will be used to
maintain a hydrological connection between the wetland areas. As determined from the wetland
fill plan, a well is to be located within 50 feet of the shoreline.
The waters of the Albemarle Sound in this area are classified as SB and are closed to shellfish
taking. Waters at the project site are known for Submerged Aquatic Vegetation (SAV) but no
vegetation was found within the proposed work area. Historic site (CO 0247) is located
approximately 3,500 feet south of the project site. There are no known geologic formations or
archaeological sites associated with the project site.
Anticipated Impacts resulting from this project are expected to include: filling of 504 sq. ft. of
Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC), 2,443 sq. ft. of
Estuarine Shoreline AEC; .34 acre of Section 404 Wetlands, and .17 acre of uplands outside of
an AEC; the grading of 1.13 acre of uplands within the Estuarine Shoreline AEC, and; the shading
of 910 sq. ft. of Public Trust Area/Estuarine Waters AEC.
The applicant's consultant has submitted an application to The Great Dismal Swamp Restoration
Bank, LLC to obtain wetland mitigation credits in trade for the proposed wetland fill. Confirmation
of the wetland mitigation credit has not been received.
Basis for Determination:
The Edenton/Chowan County Future Land Use Map identifies the project site as "Low Density
Residential". As indicated on Page 135, "...coastal wetlands, estuarine waters, estuarine
shoreline, public trust areas, and 'Section 404' wetlands..." are considered to be part of the
"Conservation/Open Space" designation.
Low Density Residential Classification. This designation is intended to delineate
lands where the predominant land use is low density residences, particularly
properties with waterfront access and areas where public water service is readily
available. The overall residential density within this classification is generally 1 to
2 dwelling units per acre.
Conservation/Open Space. This designation is intended to delineate areas where
traditional land uses are not desirable or expected to develop. Land development
may however include public building and facilities necessary to support existing
land uses... (P)assive recreation would be appropriate in this designation as long
as environmentally sensitive areas are not negatively impacted... The County's
goals and polices support the continued use of land in (this designation) for
appropriate uses that are compatible with the fragile naturi���vED
Conservation/Open Space areas.
AUG 2 5 Z017
Nothing Compares
DCM- MHD CITY
State of North Carolina 1 Environmental Quality I Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
252264390I--

North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 3 of 6
Definitions of key words are provided on page 115 of 233. These words include "Support: Supply
the needed staff support, policies, and financial assistance at all levels to achieve the desired
goal."
The following LUP policies may be applicable to this request.
Land Use Compatibility Policies:
Policy B4., Page 119.
"Ensure that land use and development activities provide a balance between
economic development needs and protection of natural resources and fragile
environments."
Policy B5., Page 119.
"The Town and County support growth and development at the densities and
intensities specified in the Future Land Use Map land classifications as delineated
in Section 4.3 of this plan."
Policy B14., Page 119.
"Cooperate with the U.S. Army Corps of Engineers in the regulation/enforcement
of the 404 wetlands permit process."
Policy B15., Page 119.
"Encourage land use proposals which will have no negative impact on historic,
cultural and/or archaeological resources in the Town and County. These proposals
shall be reviewed through the Section 106 review process as well as through the
Historic Preservation Commission and the State Historic Preservation Office."
Infrastructure Carrying Capacity Policies:
Policy Cl., Page 121.
"Development within the Town and County shall only be approved where adequate
public or approved private facilities and service are available, including water,
sewage disposal, roads, etc."
Policy C4., Page 121.
"...The Town and County... oppose the installation of package treatment plants
and septic tanks or discharge of waste in any areas classified as coastal wetlands,
freshwater wetlands (404), or natural heritage areas." yVED
AUG 2 5 Z017
Nothing Compares DCM- MHD CITY
State of North Carolina I Environmental Quality I Coastal Management
Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City. North Carolina 27909
252 264 3901

North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 4 of 6
Natural Hazard Area Policies:
Policy D1., Page 122.
"Conserve the natural resources and fragile environments that provide protection
from such natural hazards as floods and storm surges."
Policy D2., Page 122.
"Minimize the threat of life, property, and the natural resources that may result from
land use and development within or adjacent to identified natural hazard areas."
Policy D3., Page 122.
"The Town and County will continue to coordinate all development within the
special flood hazard area with the Planning and Inspections Department, NC
Division of Coastal Management, FEMA, and the U. S. Corps of Engineers."
Policy D5., Page 122.
"It is the policy of Town of Edenton and Chowan County government to ensure that
new development is protected from flood hazard through the administration of the
flood damage prevention ordinances and continued participation in the National
Flood Insurance Program."
Policy D8., Page 123.
"Edenton and Chowan County shall maintain flood damage prevention
requirements that (1) Restrict or prohibit uses which are dangerous to health,
safety, and property due to water or erosion hazards, or which result in damaging
increases in erosion or in flood heights or velocities, (2) Require that uses
vulnerable to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial construction; (3) Control the alteration of
natural floodplains, stream channels, and natural protective barriers which are
involved in the accommodation of floodwaters; (4) Control filling, grading, dredging,
and other development which may increase erosion or flood damage; and (5)
Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards to other lands."
Policy D9., Page 123.
"Chowan County supports the CAMA development permit process for estuarine
shoreline areas and the requisite development standards which encourage both
shoreline stabilization and facilitation of proper drainage."
RECEIVED
AUG 2 5 2017
Nothing Compares DCM- MHD CITY
State of North Carolina I Environmental Quality I Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City. North Carolina 27909
252 264 3901

North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 5 of 6
Water Quality Policies:
Policy E2., Page 123.
"Chowan County shall require that all subdivision developments disturbing 5,000
square feet or more control and treat the stormwater runoff generated by a 1.5-
inch rain event and that all buildings or related structures within waterfront
subdivisions be set back 50 feet from the shoreline."
Policy E3., Page 123.
"It is the policy of Chowan County and Edenton to coordinate the approval of local
land development projects with applicable state agencies to ensure compliance
with regulations to prevent or control nonpoint source discharges."
Policy E5., Page 123.
"Edenton and Chowan County shall maintain requirements that, to the extent
practicable, all development shall conform to the natural contours of the land and
natural and pre-existing man-made drainageways shall remain undisturbed. All
developments shall be provided with a drainage system that is adequate to prevent
the undue retention of surface water on the development site. No surface water
may be channeled or directed into sanitary sewer. Whenever practicable, the
drainage system of a development shall coordinate with and connect to the
drainage systems or drainage ways on surrounding properties or roads. All
developments shall be constructed and maintained so that adjacent properties are
not unreasonably burdened with surface waters as a result of such developments."
Policy E7., Pages 123 and 124.
"Chowan County shall require that all impervious surfaces in new developments,
except for roads, paths, and water -dependent structures, be located landward of
all perennial and intermittent surface waters in accordance with locally adopted
best management practices. Notwithstanding this Water Quality Policy #E7, the
locations of impervious surfaces in new development shall be subject to the more
or less stringent provisions of any applicable State law."
Policy Eg., Page 124.
'Because of special water quality concerns in Chowan County, only limited
construction will be allowed within a landward buffer (provided in accordance with
locally adopted best management practices) of the mean high water mark on
subdivisions lots which adjoin the Chowan River, the Albemarle Sound, or their
impounded waters and tributaries. The landward buffer shall not contain any
buildings or related structures, such as decks, paved patios, or utility sheds. The
primary use of the area is the growth of natural vegetation such as a grassed lawn.
The only structure permissible within the waterfront set -back area is an elevated
pier of wood construction constructed to provide access to the water. Oq:,sVTIV E
�Nlothtng Compares AUG 2 5 2017
tate of North Carolina I Environmental Quality I Coastal Mnagement �� - MHO
CITY
Elizabeth CityOffice 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carol 7 4 6.i `s
252 264 3901

North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 6 of 6
systems and nitrification lines are also prohibited from the required setback area.
Notwithstanding this Water Quality Policy # E9, the locations of buildings or related
structures, such as decks, paved patios, or utility sheds in new developments shall
be subject to the more or less stringent provisions of any applicable State law."
Areas of Environmental Concern Policies:
Policy F1., Page 124.
"Chowan County and Edenton support state and federal law regarding land use
and development in AECs."
Policy F2., Page 124.
"Within AECs, the County will permit those land uses which conform to the general
use standards of the North Carolina Administrative Code (15 NCAC 7H) for
development within the estuarine system. Generally, only those uses which are
water dependent will be permitted in coastal wetlands, estuarine waters, and public
trust areas. Examples of permitted water -dependent uses include utility
easements, docks, boat ramps, bulkheads, dredging, bridges and bridge
approaches, revetments, culverts, groins, navigational aids, mooring pilings,
navigational channels, simple access channels, and drainage ditches."
Policy F3., Page 124.
"The County and Town policy is to restrict development in estuarine waters and
public trust waters to those uses which will not cause significant degradation of the
natural function nor condition of the estuarine waters and public trust areas."
Policy F8., Page 125.
"When necessary, bulkhead installation should be conducted employing
appropriate construction and resource protection techniques. Where installation is
required, development plans should consider every feasible alternative to minimize
the damage to existing marshes."
RECEIVED
AUG 2 5 2017
MW MHD CITY
Nothing Compares_
State of North Carolina I Environmental Quality l Coastal Management
Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909
252 264 3901

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Banos, Administrator
Governor Roy Cooper
Secretary Susi H. Hamilton
August 22, 2017
MEMORANDUM
TO: Doug Haggett
Major Permits Coordinator
FROM: Renee Gledhill -Earley
Environmental Review Coordinator
Office of Archives and History
Deputy secretary Kevin Cherry
[e-mail]
SUBJECT: Gardner Dwelling Construction and Associated landscape Modifications, Chowan County
(21 submittal), ER 16-2321
Thank you for your letter of July 28, 2017, concerning the above referenced project. We have reviewed the
information provided and offer the following comments:
The proposed project area is located on Drummond Point at the mouth of the Yeopim River. This location has a
high probability for containing archaeological sites, particularly given its proximity to former Heriots Island,
also known as Batt's Island. Nathaniel Batts operated a trading business in the area during the seventeenth
century and archaeological sites associated with these or earlier activities may be present in the subject parcel.
The high ground along Osprey Drive, where the proposed septic drain field and "repair area" is to be located,
has the greatest potential to contain such deposits.
We recommend that prior to the initiation of any ground disturbing activities within the project area, a
comprehensive archaeological survey of the project area be conducted by an experienced archaeologist. The
purpose of this survey will be to identify and evaluate the significance of archaeological sites that may be
damaged or destroyed by the proposed project. Potential effects on unknown resources must be assessed prior
to the initiation of construction activities. Please note that our office now requests consultation with the Office
of State Archaeology Review Archaeologist to discuss appropriate field methodologies prior to the
archaeological field investigation. In addition to a standard subsurface archaeological survey through shovel
testing, we also recommend limited mechanical stripping be conducted in portions of the project area that have
especially high probability for archaeological remains.
One paper and one digital copy of all resulting archaeological reports, as well as one copy of the North
Carolina site form for each site recorded, should be forwarded to the Office of State Archaeology
through this office for review and comment as soon as they are available and in advance of any
construction or ground disturbance activities.
A list of archaeological consultants who have conducted or expressed an interest in contract work in
North Carolina is available at www.archaeology.ncdcr.pov/ncarch/resource/consultants.htm. The
archaeologists listed, or any other experienced archaeologist, may be contacted to conduct the
recommended survey.
Location: 109 East Jones street, Raleigh NC 27601 Mailing Addneaa: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone].6599

t
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comments,
please contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
[e-mail]. In all future communication concerning this project, please cite the above -
referenced tracking number.

Bodnar, Gregg
From: Bland, Raleigh W CIV CESAW CESAD (US)<[e-mail]>
Sent: Monday, August 28, 2017 8:55 AM
To: Bodnar, Gregg
Subject: Gardner Conditions
Attachments: Gardner3l.pdf
I will send you the Compensatory Mitigation Responsibility Transfer Form later this morning.
Please make sure our condition reference this form is verbatim in the CAMA Permit. Thanks!

August 28, 2017
Regulatory Division
ORM ID No. SAW 2017-00188
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of Thomas D. Gardner for a Department of the Army permit to
construct a driveway through freshwater wetlands, and develop a single family residential home
site, including installation of a bulkhead, pier and platform, and a deck and patio, on property
located at 228 Osprey Drive, in the Albemarle Shores II Subdivision, adjacent to the Albemarle
Sound, near Bethel, in Chowan 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
attached 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. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-

3282 at least two weeks prior to beginning work and upon completion of work.
3. 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.
4. In order to compensate for impacts associated with this permit, mitigation shall be
provided in accordance with the provisions outlined in the U.S. Army Corps of Engineers,
Wilmington District Compensatory Mitigation Responsibility Transfer Form. The requirements
of this form, including any special conditions listed on this form, are hereby incorporated as
special conditions of this permit authorization.
5. Except as authorized by this permit or any USACE approved modification 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, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
6. The authorized structure and associated activity must not interfere with the public's right
to free navigation on all navigable waters of the United States. No attempt will be made by the
permittee to prevent the full and free use by the public of all navigable waters at or adjacent to
the authorized work for reason other than safety.
7. 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.
8. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter 113A Article 4).
9. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.

Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office,
Regulatory Division, telephone [phone].
Sincerely,
Raleigh Bland, P.W.S.
Regulatory Project Manager
Copies Furnished:
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Robert Tankard
Division of Water Resources -Water Quality Regional Operations
North Carolina Department of Environmental Quality
943 Washington Square Mall
Washington, North Carolina 27889
Mr. Ken Riley
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Chris Parker
Wetlands and Regulatory Section
United States Environmental Protection Agency
Sam Nunn Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
Mr. Frank Jennings, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
401 S. Griffin Street, Suite 300
Elizabeth City, North Carolina 27909

:.�.r

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Action ID: SAW-2017-00188
Project Name: Gardner
County: Chowan
Permittee: Thomas D. Gardner
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Bank or In -Lieu Fee (ILF) Sponsor,
who will sign the form to verify the transfer of the mitigation credits. Once the Sponsor has signed this form, it is the
Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two
is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more
than one mitigation Sponsor will be used to provide mitigation associated with a single permit action, separate forms shall
be provided to each mitigation Sponsor.
Instructions to Sponsor: The Sponsor should verify that the mitigation requirements shown below are available and ensure
that they have received payment before signing this form. By signing below, the Sponsor is accepting responsibility for the
identified mitigation. Once the form is signed, the Sponsor must update the appropriate ledger and provide a copy of the
signed form to the Permittee and to the USACE Bank/ILF Manager. The Sponsor must also comply with all reporting
requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03010205, Chowan River Basin
Stream Impacts (linear feet)
Wetland Impacts
(acres)'
Warm
Cool
Cold
Riparian
Riparian
Non -Riparian
Coastal
Riverine
Non-riverine
0.34
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03010205, Chowan River Basin
Stream (credits)
Wetland (credits)
Warm
Cool
Cold
Riparian
Riparian
Non -Riparian
Coastal
Riverine
Non-riverine
0.68
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Bank/ILF Sponsor shown below, and certify that the Sponsor agrees to accept full responsibility
for providing the mitigation identified in this document (see table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (or advance credits for ILF programs), as approved by the USACE, are
currently available at the bank/ILF site identified below. Further, I understand that if the Sponsor fails to provide the required
compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure
compliance.
Mitigation Bank/ILF Sponsor: Great Dismal Swamp Restoration Bank LLC
Mitigation Site Debited: Timberlake Mitigation Bank
(List the bank site to be debited, or indicate "Advance Credits' for ILF use of advance credits)
Name of Sponsor's Authorized Representative: Beverly M. White Manager - Accounting / Sales
Signature of Sponsor's Authorized Representative
Date of Signature
Page 1 of 2 Form Updated 14 August, 2012

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Bank/ILF Sponsor, and in the USACE
administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to provide a
signed copy of this form to the USACE Project Manager at the address below.
• If changes are proposed to the type, amount or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios maybe applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions: This Mitigation is being required for a project that is located within a designated Area of
Environmental Concern (AEC) by the NC Division of Coastal Management and therefore is being authorized through the
LAMA Major Permit process The US Army Corps of Engineers is proposing to authorize the work as a Programmatic
General Permit 198000291 which includes those proiects receiving authorization from the State of North Carolina.
This form is not valid unless signed by the mitigation Sponsor and USACE Project Manager. For questions regarding this form
or any of the conditions of the permit authorization, contact the Project Manager at the address below.
USACE Project Manager:
USACE Field Office:
Email:
BLAND.RALEIGH.W.1229
28750 1
Page 2 of 2
Raleigh Bland.
Washington Regulatory Field Office
US Army Corps of Engineers
2407 West Fifth Street
Washington, NC 27889
[e-mail]
USACE Project Manager Signature
August 28, 2017
Date of Signature
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the
Customer Satisfaction Survey located at our website at http://regulatorv.usacesuwey.com/ to complete the survey online.

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at htto://ribits.usace.army.mil.
Page 1 of 2 Form Updated 14 August, 2012

ROY COOPER
Govemar
K"ra.
MICHAEL S. REOAN
Seeretary
BRAXTON C. DAVIS
Coastal Management Ditretor
ENVIRONMENTAL QUALITY
July 28, 2017
MEMORANDUM
TO: Richard Peed, Erosion & Sedimentation Control
Division of Energy, Minerals & Land Resources, WaRO
FROM: Doug Huggett, Major Permits Coordinator
c/o Gregg Bodnar, Assistant Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Thomas and Julie Gardner (2nd submittal)
Project Location: Lot #30 & 431 on Osprey Drive, Chowan County, on Albemarle Sound
Proposed Project: Retaining wall, filling 404 wetlands, culverts under fill driveway,
bulkhead, pier with platform, residence, swimming pool, and deck
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 08/18/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Lynn Mathis 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. 1,r C,9�jn -rh4n/ lAr,,w w/Ac /sG�O/S7aR/J !
'lam MPA&M. -/ W44 ArdrO AN Batas v,� Si 0intn�yrrl�a+ 4W7i4.L A*t)
This agency objects to the project for reasons described in the attached
comments.
DATE eoriel
<: -^Nothing Compares
State ofNotf Carolina I Eavitonmental Quality I Coastal Management
401 S. Griffin St, Sic 3001 Elimbeth City, NC 27909
252-264-39011252331.2951 [fax]

14
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Thomas and Julie Gardner
2. LOCATION OF PROJECT SITE: Lots #30 and #31 on Osprey Drive (Private Road),
Albemarle Shores Subdivision, off of Drummond's Point Road (SR1100), in Chowan
County, on the Albemarle Sound.
Photo Index: 2006: 154-6765 F15, F16, G15, H14, H15
State Plane Coordinates: X: 32002764633.824ftUSE Y: 853462.991ftUSN
Lat.: 37004'03.27" N Long.: 76°24'45.24" W
3. INVESTIGATION TYPE: CAMA /D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit: November 30, 2016
Was Applicant Present: No
5. PROCESSING PROCEDURE: Application Received Complete: December 2, 2016
Second Submittal Received Complete: July 13, 2017
Office: Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan: Chowan County
LUP Land Classification: Conservation (B) AEC(s) Involved: EW, PTA & ES RrE'.�--,•,
.';:; IED
(C) Water Dependent: Yes
(D) Intended Use: Private Residential JI;L -q 1 2017
(E) Wastewater Treatment: Existing: None �,
Planned: Septic System DCN;- M'. .. CITY
(F) Type of Structures: Existing: Nothing
Planned: Dwelling, pool, pier & platform, bulkhead, retaining
wall and associated infrastructure.
(G) Estimated Annual Rate of Erosion: 2'
7 HARITAT nFSCRIPTION- GRADED FILLED SHADING
(A) Shallow Water Bottom:
504sf
910sf
EW & PTA
(B) High Ground: ES
49,386sf
Impervious Surface: 9,796sf
(2,443sf within the 75' AEC)
(C) Wetlands: 404
14,818sf
(D) Total Area Disturbed: 75,414sf 1.73 Acres
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: No
8. PROJECT SUMMARY: Proposed development will include the following: 1) -978' of
retaining wall, 2) the filling-14,818sf of 404 wetlands, 3) the installation of (4) 24" culverts
under a fill driveway, 4) the construction of -252' of bulkhead along the Sound, 5) an 85'
pier with a 20' x 20' platform, 6) a single family residence, 7) a swimming pool, and, 8) a
brick patio/pool deck.

Thomas & Julie Gardner
Field Investigation Report
Page 2
Proilect Settinw
The applicant's project site consists of two vacant waterfront lots located at Albemarle Shores
Subdivision, in Chowan County; more specifically described as being lots #30 and #31 on
Osprey Drive. The property addresses are 226 and 228 Osprey Drive, Edenton, North Carolina.
Both lots have unprotected shorelines totaling-255.33' abutting the Albemarle Sound. A 5'
concrete barrier has been placed along the northeast corner of the applicant's shoreline by the
adjacent property owner, to protect the corner of their bulkhead. There is a 5' to 6' high
escarpment along the applicant's shoreline with clear evidence of erosion. It is estimated that
the fetch at this site is over 9 miles, making the shoreline extremely susceptible to erosion.
Both lots are deep (between 665' and 803') with two areas of high ground bisected by 1.968
acres of 404 wetlands. Uplands on the road side of the two properties is ~1.262 acres
(54,972sf), and the upland area on sound side is -.735 acres (23,016sf).
Albemarle Shores is a two phase 95 lot residential subdivision Zoned Al (Agricultural) by the
Chowan County Planning Department. Located to the north of Albemarle Shores, at the end of
Osprey Drive, is the entrance to The Refuge at Drummonds Point, a vacant waterfront
residential subdivision. Located to the immediate north of the applicant's property is a
developed residential lot, to the south is a vacant residential lot with an elevated walkway over
the 404 wetlands to access the waterfront section of the property. The two lots abut Osprey
Drive to the west and the Albemarle sound to the east.
Vegetation includes, but is not limited to, Black Tupelo (Nyssa sylvatica), Narrow -leaved Cattail
(Typha angustifolia), Bald Cypress (Taxodium distichum), Arrow Arum (Peltandra virginica),
Virginia Chain Fern (Woodwardia virginica), Caric Sedge (Carex spp.), Swamp Loosestrife
(Decodon verticillatus), groundsel tree (Baccharis halimifolia), carolina jasmine (Gelsemium
sempervirens), Sweet Bay (Mannoila virginiana), Catbrier (smilax bona nox), Loblolly Pine
(Pinus teada), American Holly (Ilex opaca), Live Oak (Quercus Virginian), Poison Ivy,
(Toxicodendron radican), Spanish Moss (Tillandsia usneoides), Red Maple (Acerrubrum), Wax
Myrtle (Myrica cerifera), Virginia Creeper (Parthenocissus quinquefolia), and Pokeweed
(Phytolacca americana).
Water depths graduate from 0' at the shoreline to -3.5' at a distance 105' offshore. The waters
adjacent to the project site are a known submerged aquatic habitat, but no vegetation was
found within any proposed work area.
One known historic site (CO 0247) is documented as being-3,500' south of the applicant's
property. There are no known geologic formations or archaeological sites associated with the
applicant's property.
Development Proposal
The applicant's, Thomas and Julie Gardner, propose the following development: 1) the filling of
14,818sf of 404 wetlands for the construction of an. access road and a waterfront building site
(this is a second submittal with a reduction of wetland impacts of 7,275sf), 2) the installation of
a septic pumping station from the sound side of the property to a septic

Thomas & Julie Gardner
Field Investigation Report
Page 3
RECEIVED,
JUL 31 2017
drain field on the road side of the property, 3) �e cons'tfUct 46%f - 78' of retaining wall to
contain the proposed wetland fill, 4) the installation of (4) 24" culverts to maintain a hydrological
connection between the wetland areas to the north and south of the proposed fill area, 4) the
construction of a single family residence, 5) construction of a swimming pool, 6) installation of a
brick patio/pool deck, 7) the construction of a -252' long vinyl bulkhead an average of 2'
waterward of normal water level (NWL), and, 8) the construction of a 85' x 6' pier with a 20' x
20' platform.
The applicant's consultant, George Wood, has submitted application to The Great Dismal
Swamp Restoration Bank, LLC, to obtain 1.01 wetland mitigation credits in trade for the
proposed wetland fill. Confirmation of the mitigation credit has not been received.
The total area of proposed land disturbance will be 74,OOOsf (1.69acres), and the total area of
water impact will be 1,414sf
Proposed development will involve the following:
1) Wetland Fill
404 Fill: 14,818sf
Fill within the 75' Area of Environmental Concern (AEC) = 185sf
2) Shallow Water Bottom Fill
Bulkhead: -252' long x 2'average (5' max.) waterward of NWL = 504sf
3) Open Water Shading - Location to be 25' south of the nearest riparian line.
Pier: 85' x 6' = 510sf
Platform: 20' x 20' = 400sf
910sf
4) Associated Land Disturbance
Disturbance associated with the installation of the septic drain field, pumping
station and bulkhead = 59,182sf
Residence, swimming pool, patio/pool deck and gravel driveway = 9,796sf
Within the 75' AEC = 2,443sf (>50' from NWL at the proposed bulkhead
alignment)
Total area of impact: Land = 74,OOOsf
Water= 1,414sf
75,414sf
Anticipated Impacts
1) Approximately 14,818sf of 404 wetlands will be filled.
2) Project will result in the shading of 910sf of open water from the pier and platform.
3) Approximately 504sf of shallow bottom will be filled by the construction of a new
bulkhead.

Thomas & Julie Gardner
Field Investigation Report
Page 4
4) The proposed development may temporarily disrupt animal populations within adjacent
waters and the project area.
5) Installation of pilings for the proposed piers may result in temporally suspending
sediments in the water.
6) During the project construction it is anticipated that noise levels may periodically
increase above surrounding background (ambient) levels from heavy equipment.
7) Treated wood leaches over time in surrounding waters and sediment. The amount of
leaching is dependent on the type of organic material present in the water bottom
substrate, oxygen levels and water movement; however, it is estimated that 90% of the
leaching will occur within the first 90 days.
Submitted by: Lynn Mathis
Date: July 20,2017

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PLANING FOR
A BETTER
ENWRONMENr
August 14, 2017
Mr. Michael Brown
232 Osprey Drive
Edenton, NC 27932
Dear Mr. Brown,
(Via Certified Mail/Return Receipt Requested)
Environmental Professionals, Inc. has been retained by Mr. and Mrs. Thomas Gardner to represent them to
the North Carolina Division of Coastal Management for the purposes of obtaining a permit to authorize the
construction of a single-family residence including appurtenances, a pier, bulkhead, and an accessway to the
waterfront. These improvements are depicted on the attached plat and described in the Project Narrative.
Should you have any questions regarding this request, please contact me or Ms. Lynn Mathis with the
North Carolina Division of Coastal Management.
Environmental Professionals, Inc.
Attu: George H. Wood, CEP, PWS
P.O. Box 3368
Kill Devil Hills, NC 27948
Telephone No.: 252-441-0239
Cell Phone: [phone]
Email: obxwood(alvahoo.com
North Carolina Division of Coastal Management
Attu: Ms. Lynn Mathis
401 S. Griffin Street— Suite 300
Elizabeth City, NC 27909
Telephone No.: 252-264-3901
Email: [e-mail]
ncmail.net
If you have no objection to the proposed activity, please mark the appropriate statement below and return to
Environmental Professionals, Inc. or the Division of Coastal Management.
I appreciate your consideration of this matter and remain available to answer any questions you may have
regarding this request.
Sincerely,
70r-g:e
mental PrVCPWS
als, Inc.
--
H. Wood,
Attachments: a/s
X_ I have no objection to the project described in this correspondence.
I have objection to the project described in this correspondence.
7k'V_L'_0 Sri-- �- - r & - f
SIGNATURE DATE
P.O. DOS 3368 KILL. DEVIL HILLS, NORTH CAROLINA 27949 • 252-441-0239
FAX: [phone] • MAIL: obncoodgyahoo.com

8/2-9/2017
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A 0
Coastal Management
ENVIRONMENTAL QUALITY
July 27, 2017
Thomas D. Gardner
Julie M. Gardner
44 Ford Avenue
Wharton, NJ 07885
Dear Mr. and Mrs. Gardner:
ROY COOPER
Governor
MICHA'EL S. REGAN
se,eray
BRAXTON C. DAVIS
Director
(RECEIVED
JUL 812017
0CM- MHD CITY
The NC Division of Coastal Management hereby acknowledges receipt of your
application, a second submittal for State approval for development of your
property located at 228 Osprey Drive, Lots #30 and #31, in Chowan County.
It was received on July 13, 2017, and appears to be adequate for processing
at this time. The projected deadline for making a decision is September 26,
2017. An additional 75-day review period is provided by law when such time
is necessary to complete the review. If you have not been notified of a final
action by the initial deadline stated above, you should consider the review
period extended. Under those circumstances, this letter will serve as your
notice of an extended review. However, an additional letter will be provided
on or about the 75th day.
If this agency does not render a permit decision within 70 days from July 13,
2017, you may request a meeting with the Director of the Division of Coastal
Management and permit staff to discuss the status of your project. Such a
meeting will be held within five working days from the receipt of your written
request and shall include the property owner, developer, and project
designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the
location of the proposed development. Enclosed you will find a "Notice of
Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your
property where it can be observed from a public road. Some examples would
be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property, or at a point along the road right-of-way where a
private road would lead one into your property. Failure to post this notice
could result in an incomplete application.
--`- Nothing Compares
State of North Carolina I Environmental Quality I Coastal Management
401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909
252-264-39011252-331-2951[fax]

Thomas and Julie Gardner
July 27, 2017
Page 2
An onsite inspection will be made, and if additional information is required,
you will be contacted by the appropriate State or Federal agency. Please
contact Lynn Mathis, Field Specialist, if you have any questions and or if you
wish to receive a copy of her field report.
Sincerely,
Frank Jen /ings
District Manager, Northeastern District
NC Division of Coastal Management
FJ/yc
Enclosure
cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC
Lynn Mathis, Field Specialist, DCM, Elizabeth City, NC
George Wood, Environmental Professionals, Inc., Kill Devil Hills, NC

N0T*1(1
. W
W
UJ
Q:
LAMA PERMIT
APPLIED FOR
PROJECT: retaining wall, filling of 404 wetlands, installation
of culverts under a fill driveway, construction of bulkhead
along Albemarle Sound, pier with platform, residence,
swimming pool, & deck.
08122117
COMMENTS ACCEPTED THROUGH
a
- APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Thomas 8 Julie Gardner
44 Ford Ave., Wharton, NJ
07885; c/o George Wood,
Environmental Professionals,
252-441-0239
'1 Lynn Mathis, 01vision of Coastal
Management, 401 S. Griffin St.,
Ste 300, Elizabeth City, NC 27909;
252-264-3901, ext. 234

Coastal Management
ENVIRONMENTAL OUAIITY
EMAIL MEMORANDUM
TO: The Chowan Herald
Edenton, NC 27932
c/o edalegalsga dailyadvance.com
FROM: Lynn Mathis, Field Specialist
DATE: 07/27/2017
ROY COOPER
Gowrnur
MICHAEL S. REGAN
Secrelary
BRAXTON C. DAVIS
irre.l„r
SUBJECT: Major Public Notice: Thomas and Julie Gardner
Please publish the attached Notice in the Wednesday, August 2, 2017 issue of THE
CHOWAN HERALD. Please note that this is for a one -day publication only.
The State Office of Budget and Management requires an original Affidavit of Publication
prior to payment for newspaper advertising. Please send the affidavit, an original copy
of the published notice, and an original invoice to Melissa Sebastian, NC Division
of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557,
(Telephone [phone]).
Thank you for your assistance in this matter. If you should have any questions, please
contact me at our Elizabeth City office [phone].
Attachment
cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City
Sarah Young, Public Information Officer, DCM, Raleigh
Melissa Sebastian, Accounts Payable, DCM, Morehead City
File
RECEIVED
JUL 31 Z6i�
/'Nothing Compares.,,,, ®CM' MHD CITY
State ofNotth Carolina I Environmental Quality I Coastal Management
401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909
252164-3901 1252-331-2951 [fax]

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The NC Department of Environmental Quality hereby gives public notice as
required by NCGS 113A-119(b) that application for a permit in an AEC as designated
under the CAMA was received on 07/13/17. Thomas and Julie Gardner's development
includes a retaining wall, filling of 404 wetlands, installation of culverts under a fill
driveway, construction of a bulkhead along the Albemarle Sound, a pier with platform, a
residence, swimming pool, and deck at Albemarle Shores, Lot #30 & #31 on Osprey
Drive, in Chowan County.
A copy of the entire application may be reviewed at the office of the Division of
Coastal Management, located at 401 S. Griffin St., Ste 300, Elizabeth City, NC, 252-264-
3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM,
400 Commerce Avenue, Morehead City, NC 28557, prior to 08/22/17, will be considered
in making the permit decision. Later comments will be considered up to the time of permit
decision. Project modification may occur based on review & comment by the public, state
& federal agencies. Notice of the permit decision in this matter will be provided upon
written request.
PLEASE PUBLISH ON: Wednesday, August 2, 2017

Received
JUL 13 2017
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