19980347 Ver 1_COMPLETE FILE_19980418

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
1 ? •
MINK
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 1, 1998
Currituck County
WQC 401 Project # 980347
COE # 199810946
APPROVAL of 401 Water Quality Certification
Mr. Floyd Gilden, Jr.
Rt. 1 Box 45
Grandy, NC 27939
Dear Mr. Gilden:
You have our approval, in accordance with the attached conditions, to place fill material in 4,654 square feet of
wetlands or waters for the purpose of stabilizing a shoreline, filling a canal and constructing a boat ramp, as you described
in your application dated April 18, 1998. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 3112. In addition, you should get any other federal, state or local permits
before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater,
Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or
CAMA permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application for a new certification. If the property is
sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying
with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions
listed in the attached certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone John Domey at 919-733-1786.
Sinc ely,
ton Howard, E.
Attachment
r
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Domey
Central Files
980347.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone]
FAX [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
9803 4 "7
1. APPLICANT'S NAME: Floyd Gilden
2. LOCATION OF PROJECT SITE: Lot 35, Block D, Section 9, Edgewater Drive, Walnut Island Subdivision,
Grandy, Currituck County. Located next to a man-made canal off Currituck Sound.
Photo Index - 1995: 189-1994 F19 &G19 1989: 138-26 F14 & 15 1984: 127-700 M7&8 and N7&8
State Plane Coordinates - X: 2923 600 Y: 920 000
3. INVESTIGATION TYPE: CAMA/Dredge & Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - February 3, 1998
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - March 16, 1998
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Currituck County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Estuarine Shoreline/Estuarine Water/Public Trust Waters
(C) Water Dependent: Part of the request can be considered water dependent
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic
Planned - N/A
(F) Type of Structures: Existing - Double Wide Mobile Home
Planned - Bulkhead and Boast Ramp
(G) Estimated Annual Rate of Erosion: 6" to F-0"
Source - Property owner
7. HABITAT DESCRIPTION: [AREA]
DREDGED Fii J FD OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands -
(C) Other: Estuarine Water/ 4,654 square feet
Shallow Water Habitat
High Ground 12,915 square feet
(D) Total Area Disturbed: 17,569 square feet (.40 ac.)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: The applicant requests a permit to bulkhead 294' of shoreline, fill approximately 93' of
man-made canal and install a boat ramp.
Floyd Gilden
Bio Report
Page 2
PROJECT SITE
Mr. Gilden's property is Lot 35, Block D, Section 9, on Edgewater Drive, Walnut Island
Subdivision, Grandy, Currituck County. The property is an irregularly shaped lot that consists of
23,415 square feet of high ground with an average elevation of 3' above normal water. The flood
designation based on FEMA Flood Rate Maps is A(5) ELV 6. A man-made canal system is located to
the rear of the property off Currituck Sound. The main canal along the rear of the applicant's property
is approximately 60' wide and runs in an east west direction. A smaller canal approximately 19.6'
wide branches off in a southeasterly direction and extends into the applicant's property approximately
94', creating a narrow peninsula. The average depth of the small canal is approximately two feet.
According to the applicant the smaller canal was created in error while the canal system was being
excavated for Walnut Island Subdivision and has silted in over the years. During periods of low water
the canal is not navigable.
Located on the property is a double wide mobile home, an open wood deck, a concrete driveway
and a 4'x 21' pier with four mooring pilings. The property is bounded on the east and west by
developed residential lots. Vegetation on the property is restricted to domestic grasses and a variety of
trees including sweet gum (Liquidambar styraciflua), wax myrtle (Myrica cerifera) and loblolly pine
(Pinus taeda). No freshwater or coastal wetlands are located on the applicant's property.
The Division of Environmental Management classifies the waters of Currituck Sound in this area
as SC. Waters in this area are further classified as "joint" waters.
PROJECT DESCRIPTION
Mr. Gilden proposes the following development activity
of jF'pplicant's property, approximately 294
1) Construct a wooden bulkhead along the rear
linear feet, a maximum of 30' (average distance of 85) waterward of normal water level, and
tying into bulkhead systems on either side of the property. The proposed bulkhead will extend
three feet into an adjacent lot to the west, owned by Paul Simon.
2) The proposed bulkhead will cross in front of a small man-made canal that is approximately 93'
long, and an average of 23' wide. The applicant would like to fill the small canal and straighten
the rear line along the main canal that runs behind the applicant's property. The placement of
the proposed bulkhead and the filling of the small canal will result in the filling of
approximately 4,191 square feet of Shallow Water Bottom/ Estuarine Water. The estimated
amount of fill by the applicant is 350 cubic yards, while staff estimates the fill to be sightly less
at approximately 310 cubic yards. The applicant proposes to use some brick and concrete as fill
in the canal and behind the bulkhead, and cap it with top soil. The filling of the canal will also
result in the removal of an existing pier and four mooring pilings
3) The applicant would like install A concrete boat ramp 10'x 16' with return walls, 73' from the
adjoining property to the east. The bulkhead will be constructed in a .manner as to forma 26'x
8' boat slip, centered in front of the proposed ramp. The concrete ramp will cover, 150 square
feet of Shallow Water Bottom. -:
Floyd Gilden
Bio Report
Page 3
4) The final aspect of the development to be undertaken includes approximately 12,915 square feet
of high ground fill at an average depth of three inches. Approximately 10,655 square feet of fill
will be placed within the Estuarine Shoreline AEC. Fill is estimated by the applicant to be
approximately 150 cubic yards.
ANTICIPATED IlVWACITS
• The loss of 4,654 square feet of Shallow Water Habitat/ Estuarine Water within the
confines of a man-made canal system off Currituck Sound. The filling of the small canal
will include the removal of a 21'x 4' pier and four mooring pilings.
• Approximately 10,655 square feet of high ground fill within the Estuarine Shoreline
AEC.
CAMA REVIEW
Land Use Plan Consistency and staff recommendations will submitted under a separate letter.
Submitted By: Lynn W. Mathis
Date: March 23, 1998

Form DCM-MP-1 \
RECEI`?Fn
APPLICATION-,,, 2 8 1`98
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name .0 LL J 4p- i4 --ak
Address sy,
City State
Zip Day Phone
Fax
b. Authorized Agent:
Name 5? rh , e?
Address
City
State
Zip Day Phone
Fait
c. Project name (if any)
NOTE. Permit will be issued in name of ladowner(s), aid/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County
Revised 03/95
b. City, town, community or landin
C. _ Street address or secondary road number
1-6f 3-51)_
d. Is proposed work thin city limits or planning
jurisdiction? Yes No
e. Name of body of water nearest project Se.g. river,
creek, sound, bay) ! r j
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities. 7L A4 L¢
"BoLie 2- J7 V
\b. the proposed activity maintenance of an existing
j?Yroject, new work, or both? a
c. - Will the project be for public, private or commercial
use? Pt- iAP
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. Tz • , ?. ?c `????
I ?,

t)
Form DCM-MP-1 tit t, iyr-

4. LAND AND WATER
CHARACTERISTICS
a.
b.
C.
d.
e.
f.
9-
Size of entire tract i1/x67-
a3'-t! 5III, -S3 ?}c
Size of individual lot2;1
Approximate elevati//o of tract above MHW -or
A4nkAc, 21,_ r?AhA,* I -4,k;PA? I?
J
Soil type(s) and texture(s) of tract
Vegetation on tract a t- a 5 c «?
Man-made features now on tract
Aug f ?, •v??-d ;14 nl-ace .l- A a 1
M0 It ' 61wx E t y/ v.v cwt 2 dcp_
What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plma.)
Conservation Transitional
Developed Community
Rural Other
h.
j•
k.
How is the tract zoned by local government?
-A -:6: ),-LV.`A
Is the proposedyroject consistent with the applicable
zoning? V Yes No
(Aaach zoning compliance certificate, if applicable)
6
Has a professional archaeological assessment been
done for the tract? Yes No
If yes, by whom?
Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes .. _a/f
No-
Revised 03/95
m. Describe existing wastewater treatme t facilities.
f7?0_10NC Tar,K :w,_'I, a???jL
v
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges
u
J Y i
o. Describe existing drinking water upply source.
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
?- ich the owner claims title, plus written permission
"' Um the owner to carry out the project.'
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an -8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of „larger
drawings.) A site or location map . is a partof plat
. ° requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Form DCM-MP-1
P,Ecrl / n
Jr1,N 2 5 is 3
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name EC 44r x?
Address ?? • J? covr
Phone ' At e- z t2 3T_
Name -ixs d dcQ?
Address '61o iS DX 2-91
Phone ??•nJo A(6 L?f z- 3?i
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the J2 day of , 1927-.
Print Name d n g J R' &i EY, Xii
?'-? Landowner or Authorized Agent
Please indicate att
project. _
DCM MP-2
DCM MP-3
DCM MP-4
DCM MP-5
DCM MP-6
achments pertaining to your proposed
Excavation and Fill Information
Upland Development
Structures Information
Bridges and Culverts
Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95
Form DCM-MP-2
EXCAVATION
AND FILL
(Except 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.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Average Final
Eristing Project
L.enQth Width Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)

Q A,

TT
'
r21
? / 11
C7

0

v } 1'-
Z.

RE??ivFo
1. EXCAVATION
a. Amount of material to be excavated from below
-NfffW-or NWL in cubic yards
R'10
a Ica
b. Type of material to be excavated _ a..
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegeta ' ,pon
(SAVs) or other wetlands? Yes o
d. Highground excavation in cubic yards
2.. DISPOSAL OF EXCAVATED
MATERIAL
a.? cation of disposal area 1
1 ?.
b. , Dimensions of disposal area 30 g 64
.c. Do yo claim title to disposal area?
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be avai e,- for future
maintenance? Yes No
If yes, where?
Form DCM-MP-2

e. Does the disposal area include any coastal wetlands
(marsh), SAVs or otherwetlands?
Yes No
f. Does the disposal include any area in the water?
Yes moo'.
V13. SHORELINE STABILIZATION
a. Type o shoreline stabilization
Bulkhead Riprap
b. Length 2.4
?Average)istance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
??i;LNcr'
If yes, 2 8 190?
(1) Amount of-materia? to b placed in the
water ----I 4-n n U. 1 r11
(2) Dimensions of fiIl• aroa 3 t -l.ta 't.
24? ?L o y?•, -
(3) Purpose of fill • t
.l bk -
b. Will fill mattal4'be placed to coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
?
If yes, .
(1) Dimensions of fill area
(2) Purpose of fill

5. GENERAL
a. How will excavated or fill material be kep? on site
e. Shoreline erosion during preceding 12 months and erosion controlled? - k o??
Gta/ ns? ;,0 v ;/L
(Source of information) ' R e-m * S d-A A S -A ? ? c ?
f.
g-
h.
i.
4. OTHER FILL ACTIVITIES
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
r?/ t
?^? ?.Lce r-? ? ai-. f+?r_7?7? /QrJarifl' . iutG
c. Will wetlands be cr5ssed in transporting equipment
to project site? Yes ??o
If yes, explain steps that will be taken to lessen
environmental impacts.
App ' t or sect Name
(Excluding Shoreline Stabilization)
a. Will fill material. be brought to site? ?-=
Yes No Hate ° _ cj
1
Revised 03/95 j>, 13'
Type of bulkhead or rprap terial
Amount of fill in cubic 'yards 'to be placelow
water level
(1) Riprap
(2) Bulkhead backfill ° cV Y1
Type of fill material
C:v h ? N tif.? ? "
/
Source of fill material
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REPLY TO
ATTENTION OF
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
April 15, 1998 _
Action ID No. 199810946 7
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Dorney:

Please reference the application of Floyd R. Gilden, Jr., for Department of the Army (DA)
authorization and a State Water Quality Certification to place fill material within a man-made
canal and construct a bulkhead and a boatramp, on property located at Lot 35 of the Walnut
Island Subdivision, off Edgewater Drive, Grandy, Currituck County, North Carolina. Your
receipt of this letter verifies your acceptance of a valid request for certification in accordance
with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section 404 of the Clean
Water Act, and we have determined that a water quality certification is required under the
provisions of Section 401 of the same law. A Department of the Army permit will not be granted
until the certification has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days after receipt of a
request for certification is a reasonable time for State action. Therefore, if you have not acted on
the request, or asked for an extension of time, by June 15, 1998, the District Engineer will deem
that waiver has occurred.
• -.. s - ?
-2-
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory
Field Office, telephone [phone], extension 23.
Sincerely,
V4,4 0.4
Raleigh Bland, P.W.S.
Regulatory Project Manager
Copies Furnished:
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687