19880092 Ver 1_COMPLETE FILE_19880411

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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
June 15, 1988
Colonel Paul W. Woodbury
District Engineer
U.S. Army Corps of Engineers
Wilmington District
P.O. Box 1890
Wilmington, NC 28402-1890
Dear Colonel Woodbury:
The State has not completed its review of Corps Public
Notice SAWC088-N-028-0216 dated 3/17/88 describing a proposal
by Mr. Dennis L. Gondyke to place fill material in wetlands
adjacent to Pamlico Sound on lots 5, 12, and 13 in Rogue's
Retreat, Frisco, Dare County, North Carolina. It is our
understanding that Mr. Gondyke has modified his proposal by
letter dated 5/1/88 to include mitigation in the form of
restoring approximately 11,000 sq. ft. of previously filled
wetlands at the proposed project site.
Based upon our review to date, it appears that initial
ob_/--ctions to the proposed project from the North Carolina
Wildlife Commission have been resolved by the inclusion of
mitigation provided that the proposed mitigation be completed
before or concomitant with the proposed fill activity, and
that the restored wetlands are revegetated with or allowed to
naturally revegetate with indigenous wetland vegetation. The
Division of Land Resources requested that the permit be
conditioned to include a requirement for ground cover
sufficient to restrain erosion from the filled area be
provided within thirty working days of project completion on
each affected lot.
The Division of Environmental Management (DEM) has
indicated that a 401 Certification will be required for this
proposed activity. Initial field reports suggest that
significant water quality problems may result from poor septic
tank performance caused by conditions at the site. Therefore,
we cannot provide a certification of consistency with the
North Carolina Coastal Management Program until a final
response is received from DEM.
P.O. Box ?7(, 7 Ralet?+, vnrth Carolina )7611 7687 Telephone [phone]
An Equal l-?>I„,-tunity Affirmative Action Employer
L
Pursuant to 15 CFR 930.63 (b) we are sending a copy of
this letter to Mr. Gondyke to inform him of the status of the
State's review and the basis for our delay. Should you have
any questions concerning our review results to date please
call me at [phone]. Thank you for your consideration
of the North Carolina Coastal Management Program.
Si rely,
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Stgp n B. Benton
Consistency Coordinator
CC: NC Wildlife Resources Commission
NC Division of Land Resources
NC Division of Environmental Management
Mr. Dennis L. Gondyke
RD #3 Rummel Road
Box 118
Milford, NJ 08848

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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor June 17, 1988 R. Paul Wilms
S. Thomas Rhodes, Secretary Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RD-3, Box 118
Rummel Road
Milford, NJ 08848
Mr. Dennis Gondyke
Subject: Application for Water
Quality Certification
Dennis Gondyke
Proposed Septic Tank Systems
Pamlico Sound Area
Dare County
Dear Mr. Gondyke:
This Division teceived your application for Water
Quality Certification under Section 401 of the Federal Clean
Water Act on March 16, 1988. The application proposes the
placement of fill material in wetlands adjacent to the
waters of Pamlico Sound and its tributaries. These areas to
be filled are on three residential lots in the Rogue's
ti Retreat Subdivision in Frisco. The purpose of the fill is
to create areas approvable for septic tank systems to serve
residential dwellings proposed for the lots. Issuance of a
Water Quality Certification by this Division must be based
on a reasonable assurance that the proposed activity is not
expected to result in violations of Water Quality Standards
applicable to the surface waters which may be affected.
Septic tank installations in fill areas such as the
ones proposed for these-lots create concerns for potential
violations of water quality standards in adjacent surface
waters. Septic tank effluent would likely move vertically
downward through such fill material until original soils
are reached then begin a lateral movement into surface
waters in the area. Surface waters which are affected by
septic tank effluent have low dissolved oxygen, high
Pollution, Prevention PaYs
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
I
Mr. Dennis Gondyke
Page Two
June 17, 1988
fecal coliform bacteria values, and excessive nutrient
levels in addition to creating potential public health and
nuisance conditions. Because of these potential violations
of Water Quality Standards, I have determined that your
application for Water Quality Certification should be
denied.
You do have the right to a review by the N. C.
Environmental Management Commission, if this denial is
unacceptable to you. Your request for Commission review
must be in writing, identifying the specific items to be
contended, within 10 days of your receipt of this denial.
If you have any questions concerning this matter, please
contact Mr. Bill Mills at 733-7015.
Sincerely,
ORIGINAL SIGNED 8T
R. PAUL WILMS
R. Paul Wilms
RPW/dkb
cc: Charles Wakild
Dennis RamseyI'
Washington Regional Office
David Owens

DIVISION OF ENVIRONMENTAL MANAGEMENT
June 14, 1988
MEMORANDUM
TO: William C. Mills
Operations Branch
THROUGH: Roger K. Thorp Water Quality Regional Supervisor
Washington Regional Office
FROM: William J. Moore, Environmental Technician
Water Quality Section, WaRO
SUBJECT: Corps Public Notice
Dennis Gondyke
Dare County
The project site is located in Buxton Woods at Frisco, NC. The
applicant proposes to fill 8700 square feet of wetlands to raise the
ground elevation in order to construct a single family dwelling. The
fill area is needed to provide an area for a septic tank system.
The placement of septic tanks in fill over marsh is not an acceptable
practice and will result in water quality standard violations. It is
recommended that the 401 be denied.
WJM/cm

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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890 1r',
Wilmington, North Carolina 28402-1890
SAWC088-N-028-0216 March 17, 1988
PUBLIC NOTICE
MR. DENNIS L. GONDYKE, RD-3, Box 118, Rummel Road, Milford, New Jersey
08848, has applied for a Department of the Army permit TO PLACE FILL MATERIAL
IN WETLANDS ADJACENT PAMLICO SOUND TO FACILITATE CONSTRUCTION?OF RESIDENTIAL
DWELLINGS IN THE BUXTON WOODS, LOTS NOS. S, 12, AND 13, ROGUE'S. RETREAT,
FRISCO, Dare County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed placement of fill material over a total of
approximately 8,700 square feet (0.20 acre) of wetland to raise the ground
elevation for construction of residential dwellings. The applicant states
that the request for fill is limited to the minimal area necessary to obtain
approval for installation of septic systems from the Dare County Health
Department. In 1984, without authorization, the applicant placed fill
material on the properties raising elevations 12 to 18 inches. Enforcement
action was not pursued because the action was not detected in a timely manner.
Even with this earlier placement of fill, the lots still exhibit wetland
hydrology and vegetation. The vegetation is characteristic of disturbed
wetlands and includes juncus, andropogon, red bay, myrtle, and pine. Plans
showing the work are included with this public notice.
The applicant has determined that the proposed work is consistent with the
North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management for their
review and concurrence. This proposal shall be reviewed for the applicability
of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental Management.
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management.
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management or
their delegates.

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d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration and the North
Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources, pursuant to the
State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The application for Department of the Army authorization will be denied if
any required State or local authorization and/or certification is denied. No
Department of the Army permit will be issued until a State coordinated
viewpoint is received and reviewed by this agency. Recipients of this notice
are encouraged to furnish comments on factors of concern represented by the
above agencies directly to the respective agency,-with a copy furnished to the
Corps of Engineers.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, In writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District. Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which

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it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, flood plain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this.public notice for the Department of-
the Army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
April 11, 1988.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before April 4, 1988, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Ms. Alison Arnold, until 4:15 p.m.,
April 18, 1988, or telephone [phone].

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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
March 15, 1988
SUBJECT: File No. SAWC088-N-028-0216
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:
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Enclosed is the application of Mr. Dennis Gondyke for
Department of the Army authorization and a State Water Quality
Certification to place fill material in wetlands adjacent Pamlico
Sound to facilitate construction of residential housing, Buxton
Woods, 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 authorizing 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 a reasonable time
for State action. Therefore, if you have not acted on the request
by May 15, 1988, the District Engineer will deem that waiver has
occurred.
Questions or comments may be addressed to Ms. Alison Arnold,
telephone [phone].
Sincerel ,
a sW. H1 is
ie , Regula ory Branch
Enclosure
c
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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. David Griffin
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909

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Please type or print. Carefully describe all an-
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write N/A (not ap-
plicable). Items 14 and 8.9 must be completed for
all projects.
.1--APPLICANT
a. Name A/ J,< J_ o r,,--6 /un
Address o
City _L11- n State IV, J--
Zip _OSn??je _IDay pho e-;?01- ZEE T?E?fQ
?,,,' Landowner or _ Authorized agent
b. Project name (if any) J20&0ES ?ET12E?T-
c. If the applicant is not the landowner, also give
the owner's name and address.
°o
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M12S, (-?ELF?P/ Gi?Nl,?t/KE
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2 LOCATION OF PROPOSED
PROJECT
,q address or secondary-road number
a. Stre
rvnlflY,?lE' GvF}Y
b. Cites, town, community, or landmark ..
f'?IS? 4,675 192E'9_1--HiNb
c. County ::P?e' ?t1USE"
d. Is proposed work within city limits or planning
jurisdiction? yE,<,,
e. Nam of body of water nearest project
k-?MG/C0 sourer
3 DESCRIPTION AND PLANNED
USE. OF PROPOSED PROJECT
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier).
"7-9 4a A?AJA /-R
F;S 4C=S /b E,(VTi.?9L l f?tl?S /TES
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project new work, or both? j
w0r;c
c. Will the project be for community, private, or
commlC i V14TF
d. Desc 'be the planned use of the project., .
.4 LAND AND WATER }
CHARACTERISTICS
a. Size of entire tract 1A,1 !;?'FS -'_
b. Size of individual lot(s) /O,ooo So F7-:±-
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum
d. Soil type(s) and tex re(s) of tract S'ol`1E" IiJETZoolb
So/9 F F/ s A FiPnhrrT ?i?,er Is ?//G,?Fl iyD
e. Vegetation on tract /NE'S oAA:S k'(C#
G 9_a
f. Man-made features now on tract F141- aJ0 P4_'
W&S BoNF 01U GoTS /n/ 1983
g. What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
Conservation Transitional
Developed Community
Rural Other
b How is the tract zoned by local government?
R ES16ENTiA1-
i. How are adjacent waters classified?
j. Has a professional archaeological survey been
carried out for the tract? 0 J ONLY _! Uyl2 /EY
If so, by whom? M99 &4 W. jr& tJQr-kJ .S
5 UPLAND DEVELOPMENT
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
structures proposed
b.
C.
units
Number of lots or parcels
Density (Give the number of residential
and the units per acre.)
d. Size of area to be graded or disturbed
e. If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
submitted to the Division of Land Resources?
f. Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops.
g., List the materials, such as marl, paver stone,
asphalt, or concrete, to be used for paved
surfaces.
h. If applicable, has a stormwater management
plan been submitted to the Division of En-
vironmental Management?
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
b. Amount of material to be excavated from
below water level in cubic yards-
c. Type of material
d. Does the area to be excavated include marsh-
land, swamps, or other wetlands?
e. High ground excavation, in cubic yards
f. Dimensions of spoil disposal area
g. Location of spoil disposal area
h. Do you claim title to the disposal area?
j. Have these facilities received state or local
approval?
k. Describe existing treatment facilities. i.

1. Describe location and type of discharges to
waters of the state (for examplersurface runoff, k.
sanitary wastewater, industrial/commercial
effluent, or "wash down"). - 1.
M.
n.
m. Water supply source _ o.
n. If the project is oceanfront development,
describe the steps that will be taken to main- p.
tain established public beach accessivays or pro- q•
vide new access.
o. If the project is on the oceanfront, what will
be the elevation above mean sea level of the
first habitable floor?
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
S_o1l7ol
If not, attach a letter granting permission from
the owner.
Will a disposal area be available for future
maintenance.?
If so, where?
Does the disposal area include any marshland,
swamoland,'or water areas?
Will the fill material be placed below mean
high water?
Amount of fill in cubic yards 'G(/„
Type of fill material
Source of fill material, b?i?0l.?J l7-OFF Sire-
Will fill material be laced on marsh or other
wetlands? YC S " /LL?d 6) "T4-f9&U `
Dimensions of the wetland to be filled
How will excavated or fill mat ial be ke t on
site and ero ion controlled?
Ranaawz L-2/ LL-
h/tL&FIGL LLC_=G Is ,
r. What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge)? 6?UC16, Do ZED %a
s. Will wetlands be crossed in transporting equip-
ment to the project site? /720 If yes, explain
the steps that will be taken to lessen en-
vironmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap
b. Average distance waterward of mean high water
or normal water level
c. Shoreline erosion during preceding 12 months,
in feet
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed
below mean high water _
f. Type of fill material
2
8 ADDITIONAL INFORMATION J
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 property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 V2 x 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 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing that agency's use of larger drawings.) A site or
location map is a part of plat requirements and it
must be sufficiently detailed to guide agency per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113.229(d).
Name
Address
Name _
Address
Name_
Address
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 $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and. inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A4 to 10).
9 CERTIFICATION AND PERMIS04
SION TO ENTER ON LAND
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed 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 further 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 ap-
plication and follow-up monitoring of project.
This s, the ??ay of f7?'.E'('?'y ,
19 too
J
La`naowner or Authorized agent v
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
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