19880091 Ver 1_COMPLETE FILE_19881119

t?
DEPARTMENT OF THE ARMY
s 1 WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
February 17, 1988
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC087-N-028-0458
Mr. Dennis L. Gondyke
Route 3, Rummel Road
Box 118
Milford, New Jersey 08848
Dear Mr. Gondyke:
vet a..,? ?, ?. ? it
? - 4 'P83

Through coordination with the Division of Coastal Management,
North Carolina Department of Natural Resources and Community
Development, we have learned that State authorization for you to
excavate a boat basin and place excavated material in wetlands on
Pamlico Sound, Frisco, Dare County, North Carolina, has been
denied. Under the administrative rules of our regulatory program,
denial of required State authorization precludes favorable
consideration of a Federal permit. Accordingly, your Department
of the Army application is hereby denied, and your file has been
retired.
Additionally, we received unfavorable comments from the U.S.
Fish and Wildlife Service and the National Marine Fisheries
Service (copies of letters enclosed). These agencies' reaction to
your proposal is the result of anticipated significant adverse
impacts. I have provided these comments to alert you to concerns
in addition to those identified in the State's denial letter.
While appealing the State permit is the next step in pursuing
State authorization, you should be aware that the Federal
agencies' comments will be unchanged by the outcome of that
appeal. Because of the agencies' influence on Department of the
Army permit decisions, it is unlikely a Department of the Army
permit would be available unless your project can be modified to
lessen its impacts.
Ms. Alison Arnold of my staff is available to answer any
questions you may have or to assist you in developing a revised
plan. She may be reached at telephone [phone].
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
Enclosures
-2-
Copies Furnished (without enclosures):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Ms. Beverly Etheridge, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
% Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909
STATf
,.3 >
Y?
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary January 25, 1988 Director
Certified Mail
Return Receipt Requested
Mr. Dennis Gondyke
Route 3, Box 118
Rummel Road
Milford, N.J. 08848
Dear Mr. Gondyke:
This letter is in response to your request for a permit under the Coastal
Area Management Act and State Dredge and Fill Law to place fill material in
wetlands on your property between N.C. 12 and Pamlico Sound in Frisco, N.C.
Processing of your application, which was accepted as complete on September 3,
1987, and required extended review on November 17, 1987, is now complete.
Based on this review, including onsite investigation-by State and Federal
agencies, the Division of Coastal Management has made the following findings:
(1) Filling of the parcel will result in the direct loss of
approximately 22600 square feet of coastal marsh and "404"
type wetlands. These areas provide food, habitat, and
water quality maintenance functions that are vital for
continued fishery production in nearby waters;
(2) Filling wetlands for the purpose of creating a lot suit-
able for sale as commercial property is non-water dependent;
(3) Alternatives to filling the wetlands exist that would be less
environmentally damaging. Development on the property by
yourself or future owners could be aligned away from wetlands,
or pile supported over wetlands, and may receive more favorable
review;
(4) The project is inconsistent with the Dare County Land Use Plan.
Policy language on page 3-3 of the plan states that wetlands
should be conserved as the highest priority; secondary priority
for their use should be those types of development that require
water access and cannot function elsewhere; and
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
d

Mr. Dennis L. Gondyke
Page 2
January 25, 1988
(5) The project, as proposed, is inconsistent with the following
partial listing of State Guidelines for Areas of Environmental
Concern (AECs):
(a) 15 NCAC 7H .0205(c). Management Objectives (for coastal
wetlands). This requires projects to give highest
priority to the protection and management of coastal
wetlands so as to safeguard and perpetuate their bio-
logical, social, economic and aesthetic values; to
coordinate and establish a management system capable
of conserving and utilizing coastal wetlands as a
natural resource essential to the functioning of the
entire estuarine system;
(b) 15 NCAC 7H.0205(d). Use Standards (for coastal wet-
lands). Suitable land uses shall be those consistant
with the management objectives for coastal wetlands.
Highest priority of use shall be allocated to the
conservation of existing coastal wetlands. Second
priority of coastal wetland use shall be given to
those types of development activities that require
water access and cannot function elsewhere. Unaccep-
table land uses may include, but would not be limited
to the following examples: residences, parking lots
and private roads and highways;
(c) 15 NCAC 7H.0208(a)(1). Uses which are not water de-
pendent will not be permitted in coastal wetlands,
estuarine waters and public trust waters. Residences,
apartments, private roads and parking lots are examples
of uses that are not water dependent;
(d) 15 NCAC 7H.0208(a)(2)(A). The location, design and
need for development, as well as construction activities
involved must be consistent with the stated manage-
ment objective;
(e) 15 NCAC 7H.0208(a)(2)(B). This standard requires that
there be no suitable alternative outside of the AEC
for the project and that the applicant select a com-
bination of sites and design that will have a mini-
mum adverse impact upon coastal marshland, and
spawning and nursery areas; and,
(f) 15 NCAC 7H.0209(a)(4). This standard requires that
development (within the estuarine shoreline AEC)
not have a significant adverse impact on estuarine
resources.

Mr. Dennis L. Gondyke
Page 3
Jamrar_y 25, 1988
Given the foregoing findings, it is necessary that your request for a
permit under the Coastal Area Management Act and the State Dredge and Fill Law
be denied. This denial is made under N.C.G.S. 113A-229(e)(5), which provides
for permit denial upon finding a significant adverse impact on estuarine
resources, G. S. 113A-120(2), which requires CAMA permit denial when the
project is found to be inconsistent with the State Dredge and Fill Law, and G.
S. 113A-120(8), which requires denial of projects inconsistent with the State
Guidelines for Areas of Environmental Concern or local land use plans.
If you wish to appeal this denial, you are entitled to a hearing. The
hearing will involve appearing before an Administrative Law Judge who listens
to the evidence and arguments of both parties and then makes a recommendation
to the Coastal Resources Commission. Your request for a hearing must be in
the form of a written petition, complying with the requirements of Chapter
150B of the General Statutes of North Carolina, and must be filed with the
Office of Administrative Hearings, P. 0. Drawer 11666, Raleigh, N. C. 27604,
within twenty days of receipt of this letter. A copy of the petition should
be filed with this office.
Also, you should be advised that as long as this State permit denial
stands, your project must be deemed inconsistent with the N. C. Coastal
Management program, thereby precluding issuance of Federal permits for this
project. The Federal Coastal Zone Management Act of 1972 (CZMA) gives the
right to appeal this finding to the U. S. Secretary of Commerce, within 30
days of receipt of this letter. Your appeal must be based on the grounds that
the proposed activity is (1) consistent with the objectives or purposes of the
CZMA, or (2) is necessary in the interest of national security, and thus, may
be federally approved.
If you have any questions concerning the appeal procedure, please contact
Mr. John Parker at 919/733-2293, P. 0. Box 27687, Raleigh, NC 27611.
Sincerely,
_.7
avid W. Owens
DWO/aw
cc: Mr. Peter Tweedt, Director
U.S. Department of Commerce, OCRM
Washington, D. C.
Colonel Paul W. Woodbury
Corps of Engineers
Wilmington, NC
regulator.? Branch
DEPARTMENT OF THE ARMY
,'OLYINGTON DISTPICT. CG==!S OF E?4G9 NEERS
0 aoX ta.
YILYIN`GTOr, ,-'o-_", c 02--E?90
November 5, 1987
SUBJECT: File No. SAWC087-N-028-0458
Hr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. ?arker:
RECEIVED
NOV 10 1987
WATLR QUALITY SECTION
OPERATIONS BRANCH
Reference the application of Mr. Dennis L. Gondyke for a
Department of the Army permit to excavate a basin and place
excavated material in wetlands on Pamlico Sound, Frisco, Dare
County, North Carolina.
The Federal agencies have completed review of the proposal as
presented by the application and your field investigation report.
By letters of October 26 and October 27, 1987 (copies enclosed),
the U.S. Fish and Wildlife Service and the National ljarine
Fisheries Service recommended denial of authorization. T'he
agencies commended that the projected loss of 0.5 acre of -mixed
wetlands would be detrimental to wildlife and fishery resources.
Also, the applicant states he proposes to fill the wetlands so
that the property may be commercially developed. Such activities
need not be located at this particular site. Other practical,
less environmental damaging, alternatives are available.
Authorization of this work would result in the degradation of
water qua_ity. The authorization of this proposal would be
contrary :o the interests of the general public, and we agree with
the Federal revie.r agencies that the application should be denied.
Questions or comments may be addressed to 'is. Alison Arno_d,
telephone (919) 3=:3-4634.
Sincere,:,
Charles W. Hollis
Chief, Regulatory Branch
Enclosures
-2-
.l
Copies Furnished (without enclosures):
Mr. William Mills
:Dater Quality Section
Di "Sion of Environmental
Management
Borth Carolina Departient of
Natural Resources and
Community Development
Post Office Box 27687
Wis. Beverly Etheridge, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
D.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Raleigh, North Carolina 27611-7637
Pos. L. R. (Hike) Gantt
U.S. Fish and. Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
11r. Randy Cheek
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Hr. Dave Griffin
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, ?Forth Carolina 27909
NF4 DA T A z5 f ° %r t.:: r`i Mis>, %r 4 01 REV DATE 1 2/04/87
ACTION :I:NQ F:I:I...E .'r DFCAMA401 PSWD i FORMAT %• I`••!RD;::t:,AMA 1`I{::.X..I Rt.,D ) 00292
NR..t.70 ENTE..:F`:I:.:D THI,`.i' DATA, RECORD IS NO 00291 E=•R ii DATA
PRO,JO : 002":1 PRt:J:.J : GONDYf{'E::, DEN NIS CO!JN..t.;t
ASSIGNED TO : W,.J'M ...Jt:1a:NT NOTICE: •' r`
TYPE CERTIFICATION RECOMMENDATION DATES Y Y MMD D
404 I°' N : 401 R I::: T Y ISSUE: RECEIVED: 870930
CA MA ONLY: `r` GC: DENY: 'r' :I:N:E'T':I:A1... REPORT : 871009
DF/CAMA: GC: 153LD: FINAL REPORT: 871123
RECEIVING STREAM: U.•t' .... PAI''S 1...:I: t::::J SOUND CLASS: SA •i BASIN:
COMMENTS:
`"'{:'T'E LOCATED Ir''ID•..JA CI..:NT TO 1"IWY 12 AT FR:I:St:::O
APPLICANT HAS At••J. EXISTING 12.8 T'RAC'T' OF LAND; AN ARE A 132 X 200 FT HAS ALREADY
BEEN FILLED
PROPOSAL TO F:I:I...I... 22,600 St:!:. F° T':. OF WETLANDS
PURPOSE OF PROJEC T :I:,:> TO PREPARE LOT FOR COMMERCIAL DEVELOPMENT
r°iPPL..:I:t:Ai`••1T E°{A,:•a NC:I•T• PROVIDED r`iS,•`i.J RAi'•lt::Ei: THAT PF::::,..E:::.:`'f l:i...l. .. IrSE::I°•T' ..: i•:::F=;1•ialAt'f:::R R{::.G,:; :.
ALSO L..OCA1... HEALTH DEPT. HA,`':' EXP RESSED CONCERN THAT FI LL MAY NOT SUIT ABLE
FOR SEPTIC TAN K
RECOMEND THAT 401 BE DENIED
COPIES: i{JA1::O....t:;l:::i`•l..t. Ri::il.......i' IL..L..S....Wt:iOD
-I- -"*
NKDATA DF/ CAMA/40i REV DATE 10109187
ACTION > ADD FILE > DFCAMA401 PS'WD > FORMAT > NRDFCAMA NEXT RCD > 0029:3
ACTION = ADD, ENTER DATA. REC. ADDED IS 00290 F°RD DATA
PRCJJO : i?(> ?'; 2 PRGJ : GONDYK} E , DENNIS COUNTY:
ASSIGNED TO: W,.JM JOINT NOTICE: DARE REGION: 0'7
Y
TYPE: CERTIFICATION RECOMMENDATION DATES YYi°iMDD
404 PN : 401 RE Q : Y ISSUE::: RECEIVED: 870930
CAMA ONLY: Y GC: DENY: INITIAL REPORT: 80009
009
DF/CAMA : GC : HOLD: `i FINAL REPORT:
RECEIVING STREAM: UT-PAM1. IC O SOUND CLASS: SA BASIN: TAR
COMMENTS:
SITE LOCATED ADJACENT TO HWY 12 AT FR:I:SC O
AF'F'I...:I:CANT HAS AN EXISTING 12.8 TRACT OF LAND; AN AR EA 132 X 200 FT HAS ALREADY
BEEN FILLED
PRC)POSAL. TO FILL_ 22.600 SQ.FT. OF WETLANDS
PURPOSE OF PROJECT IS TO PREPARE:: LOT FOR COMMERCIAL DEVELOPMENT; DEVELOPMENT
MAY RESULT IN PLACEMENT OF SEPTIC TANK SYSTEM IN FILL OVER MARSH
ADDITIONAL COMMENTS PENDING Fl.RTI-II.`R COMMUNICATION WI TH LOCAL. HEALTH DEPT.,
COPIES: WARCI....CENTRAL__..MILI_.S....I,JOOD
RECEIV
0 C T 13 1198 7
WATER Q UALI Y ?)hC I'10 ,,v
OPERATIONS pr7n.n.,-rj

v?
gN 02
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State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary Director
September 29, 1987
Mr. R. Paul Wilms, Director
Division of Environmental Management
Raleigh, North Carolina 27611
Dear Mr. Wilms:
The attached copy of an application submitted by:
DENNIS GONDYKE
Applicant's Name
Fri s co
Location of Project
County
Da re
for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CAMA major
development permit...
X for a CAMA major development permit (only) ...
... is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
Please indicate on the reverse side of this form your viewpoint on
the proposed work and return it to me not later than October 20, 1987
Sincerely,
JRP:ap:2480
h R. Parker, Jr., Chief
Major Permits Processing Section
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

(A) This agency has no objection to the project as proposed.
(B) This agency has no comment on the project as proposed.
(C) This agency approves of the project (or project concept) and/or recommends
these minor refinements for project management.
MY This agency objects to the.project and recommends permit denial based on a
finding of:
(1) adverse impacts under G.S. 113-229(e) 1-5 (the dredge and fill law)as
enumerated below:
(e) (1) ... that there will be significant (e) (2) ... that there will be signifi-
adverse effect of the proposed dred-
ging and filling on the use
of the water by the public;
(e)(3) ... that there will be significant
adverse effect on public health,
safety, and welfare;
cant adverse effect on the value
and enjoyment of the property of
any riparian owners;
(e)(4) ... that there will be signifi-
cant adverse effect on the con-
servation of public and private
water supplies;
(e)(5) that there will be significant
adverse effect on wi 1 dl i fe or
fresh water, estuarine or marine
fisheries;
(1) Inconsistency with Rules of the Coastal Resources Commission
as enumerated in 15 NCAC 7H (or other). Please site
rule.
(3) Inconsistency with the local Land Use Plan (Please elaborate).
(4) Inconsistency with Rules, Guidelines or Standards of
this agency or a finding that the project is in conflict
with other authority or interest as stipulated below.
(E) Attachment. Include memorandum or other documentation that support
findings relating to D1-4 or provide general comments.
Signature
ate

n ti
r^ J 2c??
TO: BILL MOORE V °o
FROM: George H. Wood
SUBJECT: APPLICATION FOR CAMA MAJOR PERMIT AND/OR.DREDGE AND FILL PERMIT
DATE: September 29, 1987
Attached is an-application by DENNIS GONDYKE
which was received by me on 9/3/87 I am considering this
application complete, have acknowledged receipt, and have begun processing.
If you have any questions, do not hesitate to contact me.
MEMORANDUM
TO: BILL MOORE
FROM: George N. Wood
SUBJECT: APPLICATION FOR CAMA MAJOR PERMIT AND/OR DREDGE AND FILL PERMIT
DATE: September 29, 1987
Attached is an-application by DENNIS GONDYKE
which was received by me on _ 9/3/87 I am considering this
application complete, have acknowledged receipt, and have begun processing.
If you have any questions, do not hesitate to contact me.
OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name DENNIS GONDYKE
2. Location of project site natural slough off of Pamlico Sound at Frisco
84 series #145-388 V-14
3. Investigation type: Dredge & Fill CAMA
4. Investigation procedure: (A) Dates of site visit 9/15/87
(B) Was applicant present
5. Processing procedure: Application received 9/3/87 Office Elizabeth City
6. Site description: (A) Local Land Use Plan Dar
Land classification from LUp
This area may be considered c conservation o c aser rots identified in LOP
Y p eda on the narrative on
page 4-3 and therefore,, the proposal is inronsistpnt with quidelines, contained on
page 4-9 of the 11P.
(B) AEC(s) involved: Ocean hazard Estuarine shoreline X
Coastal wetlands Public trust waters
Estuarine waters Other
(C) Water dependent: Yes 140 X Other
(D) Intended use: Public Private Commercial X
(E) Type of waste water trea4ment: Existing none
Planned none
(F) Type of structures: Existing none
Planned none -
(G) Estimated annual rate of erosion N/A Source
7. Habitat description: AREA
(A) Vegetated wetlands: Dredged filled Other Distichlis spicata & 22,600 sq. ft.
"404 wetlands
(B) Non-vegetated wetlands:
(C) Other:
(D) Total area disturbed: 22,600 square feet
8. Project summary The applicant proposes to fill' an area approximately 22,600
square feet adjacent to a man made canal off of Pamlico Sound in Frisco.
V
DENNIS GONDYKE
BIO REPORT
PAGE 2
SITE DESCRIPTION
The applicant owns a 12.8 acre parcel which extends from Highway 12 to Pamlico
Sound in Frisco, N.C. A natural slough extends into the property to Highway 12 and
the elevation of the entire tract is very low. A small area adjacent to the highway
has been filled in the past (approximately 132 X 200 feet) however, the remaining
property between the ditch and Highway 12 is wetlands. There is a small berm
adjacent to the ditch which supports a narrow fring of Borrichia (Sea ox-eye) spp.
and Polygonum spp. (Smartweed). This berm grades into an area adjacent to the filled
area which supports Borrichia, Polygonum, Distithlis s icata, Hibiscus palustris
(Rose-mallow) and Kosteletzhya virginica (marsh mallow).
+
The applicant is requesting authorization to bring in
supplier to fill the remaining area between Highway 12 and
attached, a boat basin is depicted, however, this has been
of this application. The intended use of this filled area
commercial lot which will be sold. Therefore., no plans fo
disposal are submitted at this time.
ANTICIPATED IMPACTS
fill dirt from a commercial
the ditch. On one plat
deleted and is not part
is to create a usuable
r structures or sewage
The proposed project will result in the loss of approximately 22,600 square
feet of wetlands.
CAMA RFVTFW
The project site is classified as transition on the LUP map, however, the
narrative on page 4-3 of the LUP suggests this area is conservation. Guidelines
on page 4-9 make this proposal inconsistent with the LUP.
Submitted by: George H. Wood Date: September 29, 1987
APPLICATION •REC VED!
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER OUALITY CERTIFICATION 8010317
COM - EQ
EASEMENT IN LANDS COVERED BY WATER LAMA PERMIT FOR MAJOR DEVELOPMEN
Department of Administration State of North Carolina Department of the Army
(GS 14612) Department of Natural Resources and Community Development Corps of Engineers, Wilmington Distrit
(GS 113-229,143-215.3(a)(1), 143-215.3(c), 113A-113 (33 CFR 209.320.329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
1. Applicant Information
A. Name. Gon??yr;E- i7Ew?iis Middle
_ Last Fjst
S. Address
Street, P. O. Box or Route
/?1LFo2? N . a3N91-I?r 996-6/9G
-City or Town State Zip Code Phone
if. Location of Proposed Project:
A. County 1,D)AOr2F
B. 1. City, town, community or landmark.
2. Is proposed work within city limits? Yes ?!_ No -
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
P?r? t?ca Sovn?.D
111. Description of Project LI-l"
A. 1. Maintenance of existing project 2. New work
B. Purpose of excavation or fill
1. Access channel length -width depth
2. Boat basin length width depth
3. Fill area length.,,aQ_?? _widthlA depth
4. Other length --width-- depth
C. 1. Bulkhead length Average distance waterward of MHW (shoreline)
2. rype of bulkhead construction (material)
D. Excavated material (total for project)
1. Cubic yards lox CU. JIM- 2. Type of material Alb
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No
B. Does the disposal a)ea include any marshland, swamps or other wetland? Yes No
C. Disposal Area
1. Location
2. Do you claim title to disposal area?
D. Fill material source if fill is tube trucked in QQK&2W r f f
E. How will excavated material be entrapped and erosion controlled?
1, 1 ype of equipment to be used " e ?r.r J ftw? yo ?? -
G. Will marshland be crossed in transporting equipment to project site? If yes, explain N0
Day F-81

V. Intended Use of Project Area (Describe)
A. 1. Private
2. Commercial _LZNL-- C4,f117E;rKC i9 L L-,7-
3. Mousing Development or Industrial
4. Other
?} o1C. ! Ate- F'
B. 1. Lot size(s)-?03 AQUAlf- r &2_ R r 'Aw GT 7EEp om I,yES7- BecryD,0R_V
2. Elevation of lot(s) above mean high water
3. Soil type and texture Queb NAw / S S' xib -"AW 244S*?a F14:(- IS &"S'fj/
4. Type of building facilities or structures RF Ol'we-erb ;re,e soq ?
awGE /T /S /LG?`?. DOE' o F BWG©//UG /.??GG ?[?P a.,40*,
ldc.??
S. Sewage disposal and/or waste water treatment A. Existing Planned
B. Describe
RANSITIONA_ COMMUNITY RURAL
(See CAMA Local Land Use Plan Synopso
6. 'Land ClassifkationIcircle one) DEVELOPED
CONSERVATION O
VI. Pertaining to fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No V"
B. 1. Will any runoff or discharge enter adjacent waters as a It of project activity or planned use of the
area following project completion? Yes- No
2. Type of discharge
3. Location of discharge
VII. Present rate of shoreline erosion (if known):
Vlll. Ust permit numbers and issue data of previous Department of Army Corps of Engineers or State permits for
work In project area, If applicable:
IX. Length of time required to complete project: 4 l?l DA1 " 4 C
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 8% X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C_ A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served l? . /9 P?
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
......... '^ - - -
• Such owners have 30 days in which to submit comments to agencies listed below.
C
XI. Certifiation requirement: 1 certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coo stal management program and will be conducted in a
manner consistent with such program.
X11. Any permit Issued pursuant to this application will allow only the development described in this appli-
cation and plat Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE
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CAPE HATTERAS WELL FIELD
AEC as designated by the
COASTAL RESOURCES COMMISSION
JULY 24, 1987
(1000' from center line of
existing and future well fields)
0 800 1600 2400 3200 FEET
. GRAPHIC SCALE

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4

NOTICE OF FILING OF
APPVTCATION -FOR CAMA-MAJOkt DEVELOPMENT ?
PERMIT AND WATER QUALITY CERTIFICATION
The Department of Natural Resources and Community Development hereby
gives public notice as required by NCGS 113A-119(b) and 143-215 3(a)(1)
(c) that DENNIS GONDYKE of Milford, RA.
filed an application on
for a permit from the Division of Coastal Management to develop in an
Area of Environmental Concern and for certification from the Division
of Environmental Management that, a discharge of fill material in project
wetlands will not violate applicable water quality standards.
According to said application DENNIS GONDYKE proposes to fill an area
approximately 22,600 square feet of wetlands at property located off of Pamlico
Sound in Frisco, Dare County, N.C.
A copy of the entire application and additional information-may be
examined (or copies furnished gpon request and payment of reproduction
costs) during normal business hours of the Division of Coastal Manage-
ment 108 South Water Street, Elizabeth City, N. C. 27909
and/or the Division of Environmental Management _p_ n_ 'Rnx 15n7, Washing on,
N. C. 27889
The Division of Environmental Management proposes to take final action
on this water quality certification on or before Povember 19. 1987
The issuance of the CAMA Major Development permit and the Section 401
Certification may deviate from this projected date depending upon the na-
ture of the comments submitted and subsequent hearings that may result.
All persons desiring to make comments should do so in writing to Mr.
David Owens, Director# Division of Coastal Management, P07-Box 27687,
Raleigh, N. C. 27611 prior to Any-r-mhPr 9. 1987 _ for consideration
in the CAMA permit decision., and to Mr. Bill Mills, Division of Envron-
mental Management, PO Box 27687, Raleigh# N. C. ,27611 prior to
November 9, 1987 for consideration in the water quality certifi-
cation decision. Later comments on the CAMA application will be accepted
and considered up to the time of permit decision. Project modifications
may occur based on review and continent by the public and state and.federal
agencies. Notice of the permit decision in this matter will be provided
upon written request.
October 25, 1987
Pub1'i sh on
??? eaaSTArE'o
.,: RECE
V E D
State of North Carolina 8`T 2 1 1987
WATER QUA TY
Department of Natural Resources and Community Dev@?fa i?4g 8R4N,10At
D44sion of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
David W Owens
Field Services Director
108 South Water Street
Elizabeth City, N.C. 27909
[phone]
,I-
The Coastland Times
Post Office Box 428
Manteo, North Carolina 27954
Gentlemen:
October 20, 1987
Please include the enclosed NoticeQs of Filing in the Public Notice section
of the Sunday. October 25. 1987 edition of your newspaper. If it will not
be possible to include these notices in that edition, or if you should have any
questions about these notices, please call me as soon as possible at (919) 338-
1558.
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 Portia Rochelle,
Division of Coastal Managemert, P. 0. Box 27687, Raleigh, N.C. 27611.
Thank you.
Sincerely,
David Griffin /?-?-
FIELD REPRESENTATIVE
Y1
Enclosure 2
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Oponrtunity Affirmative Action Employer
SU17f v
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
October 2, 1987
Mr. John Sutherland, Chief
Water Planning Section
Division of Water Resources
Raleigh, North Carolina 27611
Dear Mr. Sutherland:
The attached copy of an application submitted by:
David W. Owens
Director
Dennis Gondyke
Applicant's Name
Frisco Dare
Location of Project County
for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CAMA major
development permit...
X for a CAMA major development permit (only) ...
... is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
Please indicate on the reverse side of this form your viewpoint on
the proposed work and return it to me not later than 10/21/87
Sincerely,
Joh R. Parker, Jr., hief
Major Permits Processing Section
JRP:ap:2480
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments
an application for State Federal CAMA Permit(s) rom

A. PERMIT:
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
This office has no objection to the issuance of the permit(s) for the proposed
project with the following conditions:
That the activity be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-
related discharge (increases of 25 NTU's or less are not considered
significant).
That the instream turbidity not be increased by more than SO NTU's as a
result of the proposed activity after a reasonable opportunity for dilu-
tion and mixture.
That turbidity levels in shall not be increased
by more than 10 NTU's as a result of the proposed activity after a reason-
able opportunity for dilution and mixture.
B. CERTIFICATION STATUS:
Certification is not required
for this project.
Certification is required for
this project.- Such action to
process the certification has
been initiated. Proposed
Certification wil be acted ;on
or after
eQ1?
The proposed project is certified
under General.Certification
A)
B)
C)
No. 1179 issued on January 25,.
1977, for sewer line construction
No. 1272 issued on November 10,
1978, for bulkhead construction.
No. 1273 issued on November 10,
1978, for discharges of liquid
effluent from diked upland disposal
areas.
D) No. 1431 issued on October 16,
1980, for boat ramp construction.
E) No. 1664 issued on September 8,
1983, for Rip-Rap Placement.
F) No. 1665 issued on September 19,
1983, for incidental bridge
construction.
n `
WATER QUALITY SECTION
DIVISION OF ENVIRONMENTAL MANAGEMENT
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
July 9, 1987
SUBJECT: File No. SAWC087-N-028-0458
RECEIVED
JUL 13 1987
Mr. Dennis L. Gondyke
Rummel Road, Box 118, RD-3
Milford, New Jersey 08848
Dear Mr. Gondyke:
WATER QUALITY SECTION
OPERATIONS BRANCH
On February 6, 1986, we renewed general permit No. SAWC080-N-
000-0291 (enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application received July 8, 1987, for a
Department of the Army permit to excavate a boat basin and place
excavated material in wetlands on Pamlico Sound, Frisco, Dare
County, North Carolina, indicates it to be a candidate for Federal
authorization under this general permit. Accordingly, the
administrative processing of your application will be accomplished
by the North Carolina Division of Coastal Management. Comments
from Federal review agencies will be furnished to the State.
If your application must be withdrawn from this general permit
process for any reason, you will be written and informed of its
further management. If there are no unresolved differences of
State-Federal positions or policy, the final action taken on your
application by the State will result in your receiving written
notice from us that your application has been successfully
processed under our general permit. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and
Harbor Act and Section 404 of the Clean Water Act, has been
assigned No. SAWC087-N-028-0458 and will be coordinated by
Ms. Alison Arnold. She is available to address questions or
comments you may have at telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure

-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek;
National Marine'Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Ms. Beverly Etheridge, Chief
Wetlands Section
Marine and Estuarine Branch
Region IV
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. George Wood
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909
1.
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
July 9, 1987
SUBJECT: File No. SAWC087-N-028-0458
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
R E C E I VE?
JUL 131987
WATER QUALITY SECTIO#
OPERA tl,(W Sg Aqj
Enclosed is the application of Mr. Dennis L. Gondyke for a
Department of the Army permit and a State Water Quality
Certification to excavate a basin and place excavated material in
wetlands on Pamlico Sound, Frisco, Dare 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 authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be 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, 60 days
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by September 9, 1987, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Ms. Alison Arnold,
telephone [phone].
Sincerely,
W
Cha s W. H is
hie , Regulatory Branch
Enclosure
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. George Wood
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108,South Water Street
Elizabeth City, North Carolina 27909
1 •

Dennis L. Gondyke
RD# 3 - Box 118
Milford, NJ 08840
[phone]
July 1, 1987
Department of the Army
Wilmington District,
Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
Dear Mr. Hollis:
Enclosed is my application for a permit to fill one acre
of wetland that I own in Frisco. I have enclosed a drawing
to clarify what I wish to do.
My main objective is to fill the area from the 8 x 10
ditch towards NC 12. If I can get the proposed boat basin
approved, I may dig that out and use the material as fill for
the area I wish to fill. If I cannot dig out the basin, I
would truck in the fill from a borrow pit in Frisco.
I completed the application the best I could. Please
look it over and if you need any more information please call
me at 201-996-6196 after 4:30 or write to me.
As I have told you before, this 12.8 acre parcel has
very little land that I can use. I am hoping to get one good
useable acre out of it.
Thank you very much for your time and help with this
matter.
sincerely,
Dennis L. Gondyke
Enclosures
S
I
` APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER LAMA PERMIT FOR MAJOR DEVELOPfyIE n_
?a
Department of Administration State of North Carolina Department of the Army
(GS 14612) Department of Natural Resources and Community Development Corps of Engineers, Wilmington Distric{?
(GS 113-229,143-215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR R 3>rcp. ) E V E U
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. JUL 13 1987,
wo??A Is ???t?NCN
1. Applicant Information L7'?owrgkiE -: Ivfs J
A. Name _
Last First Middle
B. Address. 90e9D Bo)C //,?
Street, P. O. Box or Route '
M 161cb2b avej ine"e d ?8 ao/- 996- 61 %
City or Town State Zip Code Phone
11. Location of Propo a Project:
A. County -V J C a
B. 1. City, town, community or landmark FRISCo
2. Is proposed work within city limits? Yes No ._
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
44*44LICo Savrvb
111. Description of Project ?
A. 1. Maintenance of existing project 2. New work
B. Purpose of excavation or fill
1. Access channel length width depth
2. Boat basin ? IF P4579hJir"length DD / width 30 / depth _."
3. Fill area ? length --::k00 widthyA/PrESdepth -- -
4. Other length width depth
C. 1. Bulkhead length Average distance waterward of MHW (shoreline)
2. Fype of bulkhead construction (material) /W/4
D. Excavated material (total for project)
1. Cubic yards 2'0 0 -/Gad ydS 2. Type of material Sf}?1rb
E. Fill material to be placed below MHW (see also V I. A)
1. Cubic yards 900 - /000 Ybs 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No
B. Dues the disposal area include any marshland, swamps or other wetland? Yes ? No
C. Disposal Area OC?/? O ?4?0
1. Location
2, Do you claim title to disposal area? ,
D. Fill material source if fill is to be trucked in SO/Ql &-l elt /A/ ioj lsco
E. How will excavated material be entrapped and erosion controlled? /9 BUFFE/e 7-0"4 !O FEET W 1 DE
wII- L 8E" LFFT- &4r--7'c.1Ej5FA1 rMP' F?.1- Aye 9 /3NDTfiE?i7' '
I . I y pe of equipment to be used-71W/9&Lzwk CF ?flTBi4SI?1 /S /4PP?ohEE? ??d2E? e
G. Will marshland be crossed in transporting equipment to project site? If yep explain tVd i''f?Q 1?G-L/iCl?
C-- -M Y/9LI -ra GQ o vFi12 3 ?? PO rZn 0 A/ O? cow L.4 IV
D
I& F•B 1
J.
V. Intended Use of Project Area (Describe)
A. 1. Private -/S? 000 S 4 F7- LO T-$ O 12 OIVE 4,09'R W Eg&&OLj?gL
2. Commercial
3. Housing Development or Industrial
4. Other
91
B. 1. Lot size(s) - /S, 000 ?S y an ©2 o Iv e, * poo sy pr - S /TF
2. Elevation of lot(s) above mean high water?
3. Soil type and texture So"F myclke
4. Type of building facilities or structures JqES/ ?G`Mllr/¢L o 0- aIV F' C6f1174F9C-194
5. Sewage disposal and/or waste water treatment A. Existing Planned
B. Describe - PT'C S Kly
6. 'Land Classification'(circle one) DEVELOPED CTRANSITIO- N-? COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No
B. 1. Will any runoff or discharge enter adjacent waters as a?esuit of project activity or planned use of the
area following project completion? Yes No f/
2. Type of discharge
3. Location of discharge
VII. Present rate of shoreline erosion (if known)
VIII. List permit numbers and issue dates of previ s Department of Army Corps of Engineers or State permits for
work in project area, if applicable: _111
IX. Length of time required to complete project: 2V 4 /` 0-OV TVs
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 8Y2 X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit 4omments to agencies listed below.
z flans r 2ff1?vle ors 'Ar-i46

X1. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coa,cal management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE Q??12?:7

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