17-21 Dombroski III, Anthony

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
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
Permit Number
17-21
Issued to Anthony Dombroski I1I, 2900 Middle Sound Loop Road, Wilmington, NC 28411
Authorizing development in New Hanover County adi. to Everett Creek and the AIW W, at 1632
Sound Watch Drive, in Wilmington, as requested in the permittee's application dated 9/11/20, including
attached workplan drawings (10), Sheets IA-6 of 10 dated 8/5/15. Sheet 2 of 10 dated 5/12/15 .sheet 3 of 10
dated 9/25/10. Sheet 7 of 10 dated W24/15. Sheets 8-10 of 10 dated "Revised" 6/10/20.
This permit, issued on February 10, 2021 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
to rmes, imprisonment or ctvu action; or may cause me permit to De nett ana vom.
Upland Development
1) Unless specifically altered herein, this permit authorizes the land disturbing activities associated with
the development of the above referenced property, including the single family residence with lot fill,
retaining wall, all as expressly and specifically set forth in the attached permit application and
workplan drawings. Any additional land disturbing activities and/or construction may require a
modification of this permit. Contact a Division of Coastal Management representative at (910)796-
7215 for this determination.
2) Unless specifically altered herein, no fill material shall be placed at any time in any vegetated
wetlands outside of the alignment of the wetland fill area indicated on the workplan drawing.
(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, 2024
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 Chair
of the Coastal Resources Commission.
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Anthony Dombroski III Permit No. 17-21
Page 2 of 4
ADDITIONAL CONDITIONS
3) All fill material shall be clean and free of any pollutants except in trace quantities.
4) Unless altered herein all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead.
5) The culvert(s) shall be placed into the ground at minimum of 1 foot below substrate to allow for the
unrestricted passage of water and wildlife.
Shoreline Stabilization — Bulkhead
6) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan
drawings.
7) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the
approved bulkhead alignment.
8) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.
9) The bulkhead shall be constructed prior to any backfilling activities.
10) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
Sedimentation and Erosion Control
11) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
12) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of
any phase of grading on cut or filled slopes.
Kayak Access Platform
13) This permit authorizes only the piers, covered platforms, and other structures 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 kayak access platform without
permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public
Trust waters without permit modification.
14) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
15) No attempt shall 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.

Anthony Dombroski 111
ADDITIONAL CONDITIONS
Permit No.17-21
Page 3 of 4
16) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the kayak
access platform. Any sewage discharge at the kayak access platform shall be considered a violation of
this permit for which the permittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structure.
Kayak Access Platform
17) Any portion of the permitted access pier and docking facilities built above Coastal Wetlands shall not
exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as
measured from the bottom of the decking.
18) 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.
19) This permit authorizes a fixed kayak access platform only.
20) 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 area of riparian access.
21) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct
view and shall be permeable to air and water. Screen or wire on the sides along with benches are
permitted. Lattice is specifically excluded from being used under this authorization.
22) The roof of the covered platform shall not be designed for second story use.
USACE / FEDERAL CONDITIONS
23) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at httt)s://www.fws.eov/raleigh/pdfs/ManateeGuidelines20l7.ydf.
General
24) The permittee shall obtain any necessary authorizations or approvals from the U.S. Army Corps of
Engineers prior to initiation of any permitted activity. Unless altered by a specific Condition of this
Permit, the permittee shall adhere to all conditions on the Federal approval.
25) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
26) 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.
27) All debris associated with this development shall be contained within the authorized project area and
removed to an appropriate upland refuse disposal site.

Anthony Dombroski III Permit No.17-21
Page 4 of 4
ADDITIONAL CONDITIONS
NOTE: This permit does not convey any rights, either in real estate or material.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: 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.
NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2007-
19790.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project Action ID No. SAW-2000-
01339.
NOTE: 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.

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Anthony Dombroski III (ADT Construction) COUNTY: New Hanover
PROJECT NAME:1632 Sound Watch Drive
LOCATION OF PROJECT:1632 Sound Watch Drive., adjacent to Everett Creek, Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10-28-20
FIELD RECOMMENDATION: Attached: Yes
FIELD REPRESENTATIVE: MacPherson
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
APPLICATION ASSIGNED TO: Weychert
PUBLIC NOTICE REC'D: 11-13-20
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 1-11-21
MAIL OUT DATE: 11-10-20
PERMIT FINAL ACTION: ISSUE DENY
To Be Forwarded: N/A
DISTRICT OFFICE: WILMINGTON
FEE REC'D: $400 (60140)#11532 & #11554
END OF NOTICE DATE: 124-20
DEED REC'D: Yes
I50 DAY DEADLINE:
STATE DUE DATE: 124-20
AGENCY
DATE
NOTES
OBJECTIONS:
COMMENTS
RETURNED
YES NO
DCM-Field Rep
-
�� '�yc
DCM - LUP Consistency Determination
12
Local Permit Officer
Corps of Engineers - Regulatory Branch
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2ro0 a33g �Q tNt✓PZ9
DWR-401 Section
DWR-Public Water Supply
ZQ-
DEMLR-Stormwater
DEMLR - Sed and Erosion
_ f
DOA - State Property Office
Wildlife ResourcesCommission
i
v
DMF - Shellfish Section
I�-
DMF - Habitat & Enhancement
DNCR -Archives & History
DNCR - Natural Heritage Program
NCDOT
NC Dept of Commerce

Recommendations for Anthony Dombroski c/o ATD Construction 11/3/20
The total area of platform and floating dock were calculated as follows:
Shoreline length = 140 ft. x 8 sq. ft. = 1,120 sq. ft. allowable.
Covered Platform = 23 ft. x 20 ft. = 460 sq. ft.
Fixed platform— irregular shape triangle• 17 ft by —30 5 ft =1 /2 base x height = 259 sq. ft.
Total = 719 sq. ft.
Due to the limited amount of water, approximately 0.5' to -1.5' at NLW this project has been modified for fixed kayak access
only. It appears that the project is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the'/a
width rule, the eight square foot rule and the pier width rule.
It is the staffls recommendation that the proposed upland development appears to be CONSISTENT with the Rules of 15A
NCAC 07H .0209 COASTAL SHORELINES (d). This office has no objection to the proposed work, provided it is
consistent with state and federal permitting requirements regarding the rill of §404 wetlands and that the appropriate
permit conditions for upland development and piers with fixed platform/kayak access only are included.

RECEIVED
MEMORANDUM DEC O 17020
MP 'SECI"IUN
DCM - MHD CITY
To: Curt Weychert
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, —Anthony
Dombroski, New Hanover County
Date: December 1, 2020
This project is consistent and, not in conflict with the New Hanover County
Comprehensive Land Use Plan Update.
The applicant is proposing to construct a single-family residence with associated § 404
wetlands impact and a private docking facility. The project is located at 1632
Soundwatch Drive, adjacent to Everett Creek/AIWW and Myrtle Grove Sound in New
Hanover County.
Areas of Environmental Concern (AEC's) impacted by the proposal are CW, ORW, EW
and'PT. Waters at the project site are classified as SSA-ORW and are not open to the
harvesting of shellfish. The area is a Primary Nursery Area.
I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover
County Joint Land Use Plan and offer the following comments.
The general area of the project is classified as Resource Protection.
In general, New Hanover County allows development in Resource Protection classified
AECs, which is consistent with the State's minimum use standards. The New Hanover
County Land Use Plan contains some policies, which exceed the State's minimum use
standards. However, none of these standards appear to be applicable to this proposal.
This project appears to be consistent with the New Hanover County Comprehensive Land
Use Plan.
Cc: File

NORTH CAROLINA
Enruonmemal O:miig
November 9, 2020
MEMORANDUM:
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.wevchert(a)NCDENR.gov
SUBJECT: CAMA/Dredge & Fill
ROY COOPER
Govemo,
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director, Division ofC'onval
Management
Applicant: ADTConstruction c%Anthony Dombroski
Project Location: 1632 Sound Watch Dr., adjacent to Myrtle Grove Sound/AIWW in VVIImington, New
Hanover County
Proposed Project: Proposal to construct a single family residence, driveway culverts, bulkheads and
landscape retaining walls with associated 404 wetland fill and a private pier with kayak
dock.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Weychert at the address above by December 3, 2020. If you have any questions
regarding the proposed project, contact Tara MacPherson at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X 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.
PRINT_ LAME Shannon Jenkins
AGENCY NC DMF - Shellfish Sanitation & Recreational Water Quality
��11
,,// RECEIVED
SIGNATURE Qehtu 9_4__ 9Yit� for Shannon Jenkins
NOV 16 2020
DATE 11/16/2020 MP SECTION
DCM - MHD CITY
State ofNonh Catalina I Environmental Quality I Coastal Management
127 Cardinal Drive Eat., Wilmington, NC 28405 9197967215

.
ROY COOPER
(iw:rewr
MICHAEL S. REGAN
5eurnn
BRAXTON DAVIS
Uma'[nr. Um,nwr.{I t'emaal
' ..
,16uu;rpnnin
November 9, 2020
MEMORANDUM;
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 26557
Fax: [phone] (Courier 11-12-09)
curt.wevchert0aNCDEN R.aov
f
SUBJECT: CAMA /Dredge & Fill
Applicant: ADT Construction c/o AnthonyDombroskl
Project Location: 1632 Sound Watch Dr., adjacent to Myrtle Grove Sound/AIWW in Wilmington, New
Hanover County
Proposed Project: Proposal to construct a single family residence, driveway culverts, bulkheads and
landscape retaining walls with associated 404 wetland fill and a private pier with kayak
dock.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by December 3, 2020. If you have any questions
regarding the proposed project, contact Tara MacPherson at [phone] when appropriate, in-depth
comments with supporting data is requested.
E
REPLY: _� This agency has no objection to the project as proposed.
"Additional comments may be attached"
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.
PRINT NAME i� t !1 �� P r� I Z ✓
AGENCY
SIGNATURE
DATE
N ( D e 0 4 , c) � &D I vt tii u,r (
iv11, V, �_V, ; f, IA
t111g12-Q
State of North Carolina I Environmental Quality l Coastal Management
127 Cardinal Drive Ext., Wilmington. NC 29405 9197967215
RECEIVED
NOV f l) 2020
MP SECTION
DCM - MHD CITY

MEMORANDUM
To: Curt Weychert
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, —Anthony
Dombroski, New Hanover County
Date: December 1, 2020
This project is consistent and not in conflict with the New Hanover County
Comprehensive Land Use Plan Update.
The applicant is proposing to construct a single-family residence with associated § 404
wetlands impact and a private docking facility. The project is located at 1632
Soundwatch Drive, adjacent to Everett Creek/AIWW and Myrtle Grove Sound in New
Hanover County.
Areas of Environmental Concern (AEC's) impacted by the proposal are CW, ORW, EW
and PT. Waters at the project site are classified as SA-ORW and are not open to the
harvesting of shellfish. The area is a Primary Nursery Area.
I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover
County Joint Land Use Plan and offer the following comments.
The general area of the project is classified as Resource Protection.
In general, New Hanover County allows development in Resource Protection classified
AECs, which is consistent with the State's minimum use standards. The New Hanover
County Land Use Plan contains some policies, which exceed the State's minimum use
standards. However, none of these standards appear to be applicable to this proposal.
This project appears to be consistent with the New Hanover County Comprehensive Land
Use Plan.
Cc: File
RECEIVED
DECa 0" } :1010
MP SECTION
DCM — MHD CITY

Weychert Curtis R
From: Sams, Dan
Sent: Tuesday, December 1, 2020 12:58 PM
To: Weychert, Curtis R
Cc: Pietila, Tanya K
Subject: RE: CAMA Major Application: 526 South Lumina, LLC
526 South Lumina, LLC: No comment
Double L Holdings, LLC: No comment
Aviron HOA: No comment
Scott and Lisa Diggs: If high ground activity exceeds one acre, erosion & sediment control and stormwater applications
and approvals are manitory.
Anthony Dombroski III: No comment
Robert Barnhill: No comment
Oyster Harbour Homeowners Association, Inc.: No comment
Tara Nucci: No comment
Kurt & Anna Taylor: No comment
James Brady: No comment
Kerry Svoboda: No comment
Lisa and Ned Danieley: No comment
Rodney Clark: No comment
Peter and Carole Kozloski: No comment
Michael Oktavec: No comment
dan.sams
From: Weychert, Curtis R
Sent: Tuesday, December 1, 2020 11:40 AM
To: Sams, Dan <[e-mail]>
Subject: FW: CAMA Major Application: 526 South Lumina, LLC
Hey Dan,
I was checking my file and I didn't see any comments from your agency on this project. I looked through my emails and
didn't see anything, but I may have overlooked something accidently. I just wanted to make sure that I didn't make any
permit decisions without getting the DEMLR comments.
Thanks,
Curt
Curtis Weychert
Assistant Major Permit Coordinator
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
252-808-2808 x211
CurtWevchert(cbncdenr.aov
400 Commerce Ave
Morehead City, NC 28557

Received: 12/11 /2020
Historic Preservation Office
prtyiyq, 4
ER 15-2675
«w
NORTH CAROLINA
mfrotmlewo/ Oua "llp
November 9, 2020
MEMORANDUM:
Due: 12/18/2020
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.wevchertna NCDENR.gov
bSUBJECT: CAMA/Dredge & Fill
ROY COOPER
Gorernor
MICHAEL S. REGAN
5'ec"wry
BRAXTON DAVIS
Du,Ii q QivAk n q fCnavml
Manrgemenl
NC - SBA
12/18/2020
Applicant: ADTConstruction c%Anthony Dombroski
Project Location: 1632 Sound Watch Dr., adjacent to Myrtle Grove Sound/AIWW in Wilmington, New
Hanover County
Proposed Project: Proposal to construct a single family residence, driveway culverts, bulkheads and
landscape retaining walls with associated 404 wetland fill and a private pier with kayak
dock.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by December 3, 2020. If you have any questions
regarding the proposed project, contact Tara MacPherson at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
X 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.
PRIN7 NAME Renee Gledhill -Earley
AGENCY
SIGNATURE
DATE
Historic Preservation Office
12/21 /2020
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 9197967215
RECEIVED
DEC 2.1 2020
MP SECTION
DCM - MHD CITY

ROY COOPER
j MICHAEL S. RE.GAN
6RAXTON DAVIS
November 9, 2020
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11.12.09)
curt.wevchert(cZNCDENR gov
SUBJECT: CAMA/Dredge 6 Fill
Applicant: ADT Construction c/o Anthony Dombroskl
Project Location: 1632 Sound Watch Dr, adjacent to Myrtle Grove Sound/AIWW in Wilmington, New
Hanover County
Proposed Project: Proposal to construct a single family residence, driveway culverts, bulkheads and
landscape retaining walls with associated 404 wetland fill and a private pier with kayak
dock.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by December 3, 2020. If you have any questions
regarding the proposed project, contact Tara MacPherson at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
_X_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.
MEMO ATTACHED
PRINT NAME Wanda Hilliard
AGENCY State Property Office
SIGNATURE RECEIVED
DEG 0 3 2020
DATE December 3. 2020 MP SECTION
Statenf Nonh C'amhna Fmimnmental Qualiy CM9al Ma gemenl DCM - MHD CITY
127 Cadiml Dn%v Ent, Wilmington, NC 28405 919 796 7215

Roy Cooper, Governor
North Carolina
Department of Administration
State Property Office
December 3, 2020
TO: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ-Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
FROM: Wanda Hilliard f wr.�
Real Property Agent
Department of Administration
Machelle Sanders
Secretary
Tim Walton
Director
SUBJECT: ADT Construction c/o Anthony Dombroski
1632 Sound Watch Dr., adjacent to Myrtle Grove Sound /AIWW in Wilmington, New
Hanover County
Proposed Project: Proposal to construct a single-family residence, driveway culverts, bulkheads and
landscape retaining walls with associated 404 wetland fill and a private pier with kayak
dock
Please confirm that the facilities are not located within the 1000'USACE AIWW easement area.
If not, then the State Property Office has no comment on the proposed project.
Thank you.
State of North Carolina State Property Office
116 West Jones Street, Suite 4055 11321 Mag Service Ctr. I Raleigh,NC27699
919 a07 4650 T 1 Web: http://www.ncspo.com
RECEIVED
DEC 0 3 2020
MP SECTION
DCM - MHD CITY

A eychert, Curtis R
From: Mairs, Robb L
Sent: Monday, January 11, 2021 5:34 PM
To: Weychert, Curtis R; Currey, Gregory E CIV USARMY CESAW (USA)
Cc: Benson, Tyler G
Subject: RE: [External] Fwd: Lot 8, Intracoastal Watch Subdivision - Objections to proposal
Attachments: 20071979 Ver 1-Approval Letter_20080325.pdf
Greg and Curt,
It appears the preservation area was part of the restoration plan to the unauthorized 404 wetlands impacts back in
^2008, which was authorized to Clarke Speaks through the DWR WQC 2007-1979 (see attached site plan). The proposed
wetland impacts in this current application does not appear to be located within the preservation area as described in
the deed. Greg, is there an active JD on this lot, and will this be required prior to rendering a permit decision?
Thanks,
Robb Mairs
Environmental Specialist II
Division of Water Resources
North Carolina Department of Environmental Quality
910 796.7303 office
robb. mairsancdenr.00v
https:Hdeo nc gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer-
ep rmits
127 Cardinal Drive Extension
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Mairs, Robb L
Sent: Monday, January 4, 2021 8:46 AM
To: Weychert, Curtis R <[e-mail]>; Currey, Gregory E CIV USARMY CESAW (USA)
<G rego ry. E. Cu rrey@ usa ce.a rmy. m i I>
Subject: RE: [External] Fwd: Lot 8, Intracoastal Watch Subdivision - Objections to proposal
Hey Curt,
Thanks, and hope you had a nice holiday season. Greg, I was involved with the NOV back in ^2007, and assisted Jennifer
Frye at the time on the coastal side of the violation. I was out there before the holidays with Kim Harding with the DMF
to look at the site at low tide.

Thanks,
N
Robb
From: Weychert, Curtis R
Sent: Thursday, December 31, 2020 11:15 AM
To: Mairs, Robb L <robb.mairs@ncdenr.¢ov_>; Currey, Gregory E CIV USARMY CESAW (USA)
<GregorV.E.CurreV@ usace.a rmv.m i I>
Subject: FW: [External] Fwd: Lot 8, Intracoastal Watch Subdivision - Objections to proposal
Hey Robb and Greg,
I wanted to send this information to you just so that everyone is in the loop. Attached and forwarded info below are the
objections by the neighbor, Mr. Ken Carter. I know that Robb has a long history with this project, and may know about
some of the previous activity on this lot. The project is under Dombroski/ADT construction located at 1632 Sound
Watch Dr.
Hope everyone has a great NYE,
Curt
Curtis Weychert
Assistant Major Permit Coordinator
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
252-808-2808 x211
CurtWevchertna.ncdenr.aov
400 Commerce Ave
Morehead City, NC 28557
From: Ken Carter <ekc8397 gmail.com>
Sent: Friday, December 4, 202011:32 AM
To: Weychert, Curtis R <curt.wevchertRncdenr.aov>
Subject: [External] Fwd: Lot 8, Intracoastal Watch Subdivision - Objections to proposal
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Thank you for your reply to my recent note of concerns.
Attached is a more detailed list of objections written from the view of the adjacent property owner.
Thank you for your consideration.
Sent from my iPhone

B�-gin forwarded message:
From: Ken Carter <ekc8397PRmail.com>
Date: October 15, 2020 at 9:19:54 AM EDT
To: [e-mail]
Subject: Fwd: Lot 8, Intracoastal Watch Subdivision - Objections to proposal
Sent from my iPhone
Begin forwarded message:
From: Ken Carter <[e-mail]>
Date: October 11, 2020 at 2:03:33 PM EDT
To: [e-mail], [e-mail].
Subject: Lot 8, Intracoastal Watch Subdivision - Objections to proposal
We received an outline of a proposed plan to develop lot 8 in the Intracoastal Watch
Subdivision.
As one of the adjacent property owners, I have a number of objections to the radical
development plans proposed. Attached is a list of my concerns explaining how it is
believed the plans received could cause serious damage.
My hope is that you will investigate these objections thoroughly and not issue the
permitting the building contractor is requesting.
After your review, I would be happy to meet with you to discuss these concerns
further.
Ken Carter
1636 Sound Watch Drive
Wilmington, NC 28409
N 340 07', W 770 52.5'
[e-mail]
Cell: [phone]

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INFORMkTON REFERENCED; WT M5 PUT WAS PRfPAPED IN KOORDMOE w -THE 5TANDAM50F
FRAC E PER LAND 51RVE11NG IN NERTH CAROJUR. MfNE55 MY MGM 51GM111RE, LUNSURE
NUMBER AND SEAL TM5215i DAYOf 5EFIEMBEK NO. -2007,
MARL F. GIENN
N.C. PL5 No. L4305
A
I —
MPERVIOU5 CALCULATIONS:
TOTAL LOT AREA = 43,557 5O. Fr. t (1.00 ACt)
CONCRETE = 1,201 50. Ff.±(0.03 AC±)
HOU5E (INCLUDING PORCHES) - 6.315 50. Ff.± (0. 14 AC±)
TOTAL PROP. IMPERVIOUS AREA = 7.516 SO. Ff.t V 7%)
' I
nvu W, T �-
(45' p—VIR( E
PRIVATE
ACCE55 EASEMENT
DB 4505 PG 761
( TO BE MOVED 21'+/- 558'
CERTIFICATE FORME US. CORP5 OF ENGINEER5:
MI5 CERTIRF5 THAT THI5 COFY OT THIS PLAT ACCURATELY DEPILTS THE BOUNDARY
OF THE JURISDICTION Of SECTION 404 OF THE CLEAN WATER ACT PURSUANT TO THE
1987 MANUAL A5 DETERMINED BY THE UNDER5IGNED'MNTUDATE. UNLESS THERE 15
A CHANGE IN THE LAW OR OUR FUBL15HED REGULATIONS, TH15 DEPERMINATION OF 5ECR
404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD OF FIVE YEAR5 FROM THIS DATE.
SIGNATURE OF U. 5. ARMY CORPS Of ENGINEER5 OFFICIAL
DATEO —SIGNATURE
O - M5TWG IRON PIPE
— — — 4 - CFMENUNE — —
0 CN2WNR(DNM[MK F1AG
7E) PROPOSED EASEMENT
NEW LOCATION
I
501 o154?-E
`
ev10
17.5'
\
m I m
558'58' 17'E
154.33'
T26
oI
15.0'
ALA
If
d"
C I
I i11t
A,
N
7
O C I
y
I
I
19L '404' WETLANDS
L ~
19L ,Ary9
I
22,032 50. FT./ TO BE RESTORED
a
U
b
m I
mo,
0.SI ACRE5±
y
AL
0
1
AU
'L
283.79'
illc
LOT 9
3D COASTAL SHORELINE
UPLANDS . 4 VEGETATED BUFFER
6,782 50. FT.-- 10.77'
.�O. 16 ACt \ 404.62' (r0 NHWt)� L24 .
.,; ".T"3 rC➢ N al4 :TA��
LV✓4' O(f [P
COALAND$
10,598 50. Fi.± +'W
om A V
n
C 114 1 614 r
V9 T34 Ina a81, L14 `A
IMPACTED WETLANDS I"""'a""" AREA NOT TO BE
4,175 50. FTJ IMPACT DI5TURBED-AT ANYTIME
i Nalc: Rcia�n,..q vN>II {n be Inskall�d >lenq DURING CONSTRUCTION.
nl b;aa o0.ckatUhd ,...pxF, lO t�b,�l2c fOr
c9 wan w,.l �tr.y t., zw NIF COASTAL WETLANDS
a
ALAYSA 6 BRIAN BOSTICK
D.B. 4248 PG. 214
MAP
SURVEY REFERENCE
MAP BOOK 36 PAGE 27
�L25 4�
3�
0 C
G i
(1J
m�
ti
NORMAL HIGH O i
WATERUNEt T OOy
�3
NOTES:
I. TH15 LOT 15 SUBJECr TO ALL UnL1TY
EASEMENTS. RESTRICTIONS. OR.
COVENANTS OF RECORD.
2. M15 LOT FALLS ENTIRELY IN 575' ORW
SHORELINE AEC SETBACr,
3. THERE IS A 1' CON5TRUCTON BUFFER
AROUND DRIVEWAY, AND 5' FOOT AROUND
THE STRUCTURE.
DANFORD SITE PL AN/404 IMPACT MAP FOR 5EPTEMDEP 21, 2007 1.00 acres
i?33I wRICLTTSVILLEAvwuE 43.567 6q.ft.
&ASSOCIATES WILMINGTON,N.C. 28003 CLARKE 5PEAK5 50 0 25 50 100
FHONEWIO)SIs3711 I G32 50UNDWATCH DRIVE
LANDSURVEYING, P.C. PA%muaeTszses - LOT 5 INTRACOA5TAL WATCH IINCH=50 FEET
__ MA50NBORO TOWNSHIP NEW HAN(JVFR rnI JNTY N.e 0 a++rORO•�sOnAies w+o waVe.+Nc. rc

NORTH CAROLINA
AnWrOonleitol 0111211ty
November 9, 2020
MEMORANDUM:
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.wevchertCilNCDEN R.gov
SUBJECT: CAMA/Dredge & Fill
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Uircclaq Division ofCaamal
Management
Applicant: ADTConstruction c/o Anthony Dombroski
Project Location: 1632 Sound Watch Dr., adjacent to Myrtle Grove Sound/AIWW in Wilmington, New
Hanover County
Proposed Project: Proposal to construct a single family residence, driveway culverts, bulkheads and
landscape retaining walls with associated 404 wetland fill and a private pier with,kayak
dock.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by December 3, 2020. If you have any questions
regarding the proposed project, contact Tara MacPherson at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
X
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.
PRINTNAME Kimberlee Harding
AGENCY
NCDMF
SIGNATURE
DATE
12/2/2020
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ent., Wilmington, NC 28405 919796 7215
Fag

DocuSign Envelope ID: 51 F9D876-FFAD,tA64-8EO4-8869225DA9C1
ROY COOPER
Govenor
MICHAEL S. REGAN
smeary
S. DANIEL SMITH
DbWW
ATD Construction
Attn: Anthony Dombroski III
2900 Middle Sound Loop Road
Wilmington, NC 28411
NORTH CAROLINA
rbwommantafQua ty
January 22, 2021
RECEIVED
JAN 2 2 7021
MP SECTION
DCM - MHD CITY
DWR k 2007-1979v3
New Hanover County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
1632 Sound Watch Drive — Wilmington, NC 28409
Dear Mr. Dombroski III:
You have our approval for the impacts listed below for the purpose described in your application dated
September 11, 2020, received by the Division of Water Resources (Division) November 10, 2020. These
impacts are covered by the attached Water Quality General Certification Number 4175, and the
conditions listed below. This certification is associated with the use of the General Permit(s) 198000291
or 197800056 and Nationwide Permit Number 29 once issued to you by the U.S. Army Corps of
Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. 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.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification and to the additional
conditions itemized below.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [35A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
Project Drawings
(units)
Permanent
Stream
N/A
N/A
404/401 Wetlands
Driveway fill: 0.012
Sheet 1, 4, 5, 6 — Dated
acres
August 8,2015
Lot fill: 0.08 acres
Sheet 2 — Dated May
12, 2015
Sheet 3 — Dated
September 25, 2015
North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
e.e► 910.796.7215

DocuSign Envelope ID: 51F9DB76-FFAD�$A64-8E04-8869225DA9C1
f 1632 Sound Watch Drive — Wilmington, NC 28409
DWR# 20071979v3
401 Certification
Page 2 of 3
Sheet 7 — Dated
September 24, 2015
Sheet 8, 9, 10 — Dated
October 14, 2015
Open Waters
N/A
N/A
This approval is for the purpose and design described in your application. The plans and specifications
for this project are incorporated by reference as part of this Certification. If you change your project,
you must notify the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification or with the additional conditions itemized below, you must notify the Wilmington Regional
Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee
becomes aware of the circumstances.
The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
Additional Conditions:
1. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to preveni contamination of surface waters from fuels, lubricants, hydraulic fluids,
or othertoxic materials. Construction shall be staged in orderto minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication and
general equipment maintenance shall be performed in a manner to prevent, to the
maximum extent practicable, contamination of surface waters by fuels and oils. [15A NCAC
02H .0506(b)(3) and (c)(3) and 15A NCAC 0213.0211(12)]
2. 'Please understand that the waters around your project area have been identified by the
Division of Marine Fisheries as Primary Nursery Area (PNA). Should the need for dredging
within the proposed project area arise in the future, please be aware that new dredging
within a PNA is not permitted under 15A NCAC 02B .0221 as it results in degradation of
water quality standards and therefore is considered a water quality violation. [35A NCAC
02B .0221]
3. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for
Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall
range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the
result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not
RECEIVED
JAN 2 8 2021
MP SECTION
DCM - MHD CITY

DocuSign Envelope ID: 51F9DB76-FFAD-3A64-8E04-8869225DA9C1
1,
1632 Sound Watch Drive — Wilmington, NC 28409
DWR# 20071979v3
401 Certification
Page 3 of 3
exceed 2.5 NTU; if turbidity exceeds this level due to natural background conditions, the
existing turbidity level shall not be increased. [15A NCAC 02B .0221]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of
Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for'filing a Petition are set
forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition
forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
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 Act and 15A NCAC
02H .0500. Please contact Tyler Benson at 910-796-7336 or Tyler.Benson([e-mail] if you have any
questions or concerns.
Sincerely,
Docu5iBned by:
V.
CEDrDcaaa
Morelia Sanchez -King
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ—WiRO
Enclosures: GC4175
cc: Curt Weychert, DCM Morehead City Office, EC
Greg Currey, USACE Wilmington Regulatory Field Office, EC
DWR 401 & Buffer Permitting Branch file-LF
WiRO
RECEIVED
JAN 2 2 2021
MP SECTION
DCM - MHD CITY

0
November 9, 2020
MEMORANDUM.
6 .7.0 .11- 13.03
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.wevchert@ NC DENR.gov
SUBJECT: CAMA/Dredge & Fill
ROY COOPER
MICHAEL S. REGAN
BRAXTON DAVIS
Applicant: ADP Construction c(o Anthony Dombroski
Project Location: 1632 Sound Watch Dr., adjacent to Myrtle Grove Sound/AIWW in Wilmington, New
Hanover County
Proposed Project: Proposal to construct a single family residence, driveway culverts, bulkheads and
landscape retaining walls with associated 404 wetland fill and a private pier with kayak
dock.
Please indicate below your agency's position or.viewpoint on the proposed project and
return this form to Curt Weychert at the address above by December 3, 2020. If you have any questions
regarding the proposed project, contact Tara MacPherson at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
/ "Additional comments may be attached"
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.
PRINT NAME MI �' n
AGENCY IV vt�IRC
RECEIVED
SIGNATURE NAA
FEB, 0 12021
DATE MP SECTION
DCM - MHD CITY
Sum ofNoM Camlina I Emimnmmtal Quality I Coastal Ma gmmt
127C-dioa1lkive Rx,Wilmingto NC2W5 9197967215

�.��
ROY COOPER
J.
Govemo,
= ,
MICHAEL S. REGAN
Secretory
P w.�
BRAXTON DAVIS
NORTH CAROLINA
Dimcior, Division ojCoarral
Finwoninen1010=111),
ManoRemenr
November 9, 2020
MEMORANDUM:
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cu rt.wevchert(cDNCDEN R.00v
SUBJECT: CAMA/Dredge & Fill
Applicant: ADTConstruction c%Anthony Dombroski
Project Location: 1632 Sound Watch Dr., adjacent to Myrtle Grove SOund/AIWW in Wilmington, New
Hanover County
Proposed Project: Proposal to construct a single family residence, driveway culverts, bulkheads and
landscape retaining walls with associated 404 wetland fill and a private pier with kayak
dock.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Weychert at the address above by December 3,, 2020. If you have any questions
regarding the proposed project, contact Tara MacPherson at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: x This agency has no objection to the project as proposed.
"Additional comments may be attached"
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.
PRINT NAME
AGENCY
SIGNATURE
DATE
Public Water Supply RECEIVED
/YL"k &,� JAN 2 0 2021
1-20-21 .
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext, Wilmington, NC 29405 919 796 7215
MP SECTION
DCM - MHD CITY

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2000-01339 County: New HanoverCounty U.S.G.S. Quad: Carolina Beach
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Pernittee: AnthonvMmbroski RECEIVED
Address: 2900 Middle Sound Loop Road
WilmingtonNC.28411 FEB 0 $ Z021
Telephone Number:
MP SECTION
Size (acres) Nearest Town Wilmington DCM - MHD CITY
Nearest Waterway AIWW& Myrtle Grove Sound RiverBasin OnslowBav
USGS HUC 03020302 Coordinates Lat@ude:34.1166869118392
Longitude:-77.8759216769914
Location description: The site is located in Waters adiacenttothe AIWWand Myrtle GroveSoundat1632SoundwatchDrive
(Lot #81, Wilmington. New HanoverCounty, North Carolina.
Description of projects area and activity: The nroposal is to construct single family residence along with a driveway and
The residence construction pad, the concrete driveway, the driveway access and the bulkheads/retaining walls will f1113 993
square feet (0.092 acre) of non -tidal wetlands These impacts are covered under Nationwide Permit29 The dock! ngfacility
shading im pacts (692 square feet) are covered under Regional General Permit 56
Applicable Law: ® Section 404 (Clean Water Act, 3 3 USC 1344)
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regions IGenemlPermit Number 197800056and Nationwide Permit Number 29
Special Condition: In orderto further protectthe endangered West Indian Manatee, Trichechus manatus, the applicant
most implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The
guidelines can be found at http://www.fws.gov/nc-es/mammal/Manatee_guide0nes.pdf.
SEEATTACHED RGP and NWP GENERAL, REGIONAL AND SPECIAL
Your work is authorized by the above referenced permits provided it is accomplished in strictaccordancewith the attached
RGP-56 and NW P-29 conditions and your submitted application and maps and drawings dated May 12, 2015, August 5, 2015,
September 24 & 25, 2015 and June 10, 2020. Any violation of the attached conditions or deviation from your submitted plans
may subject the perm ittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal
action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general p erm it
authorization ism odified, suspended or revoked. I f, priorto the expiration date identified below, t h e nationwide and/or regional
genera I perm it authorization is reissued and/ormodified, this verification will remain valid until the expiration date identified be low,
provided it complies with all requirements of them odified nationwide permit. If the nationwide and/or regional general permit
authorizationexpiresorissuspended, revoked, or is modified, such thatthe activitywould no longer comply with the terms and
conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to
commence in reliance upon the nationwide and/or regional general permit, will rem a in a uthorizedprovided the activity is c om pie to d
within twelve in ondis of the date of the nationwide and/orregional general petin it's expiration, modification orrevocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subjectto Section 404 (as indicated above) may also require an individual Section 401 Water Qua fity Cert ific at ion. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.

Foractivities occurring within the twenty coastal counties subject to regulation underthe Coastal Area Management Act (CAMA),
priortobeginningwork you must contact the N.C. Division of Coastal Management in Wilmington, NC, at(910)796-7215.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any o t her required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Gregory Currey at(910)523-1151 or atGregory.E Currey aAusace army mii.
CURREY.GREGORY, oi9manY119�ma,
EUGENE.10510119 CURREYGREWRY.EUGENE.10510 11950 RECEIVED
Corps Regulatory Official: 50 WW..2G21.029210:1241'OS'00'
Date: Februarv2.2021
Expiration Dates of Verifications: RGP-56 December 31,2021, NWP 29 March 18,2022
FEB 0 2.107.1
MP SECTION
DCM - MHD CITY
A. Determination of Jurisdiction:
1. ❑ There are waters, including wetlands, on the above described project area that maybe subject to Section 404 ofthe Clean
WaterAct (C WA) (33 USC § 1344) and/or Section 10 ofth a Rivers and Harbors Act (RHA) (3 3 USC § 403). This prelim inary
determ ination is not an appealable action underthe Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable a ction, by contacting the Corps district forfurther
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal mustbe received bythe Corps and the appeal process concluded priorto the commencement of any
work in waters of the United States and priorto anywork that could alterthe hydrology ofwaters of the United States.
2. ❑ There are Navigable Waters of theUnited States within the above described project area subj cetto the permit requirements
of Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean WaterAct (C WA) (33 USC §
1344). Unless there is a change in the law or ourpublished regulations, this determination maybe relied upon for a period notto
exceed fiveyears from the date ofthis notification.
3. ❑ There are waters, including wetlands,with in the above described project area that are subject to the permit requirements of
Section 404ofthe Clean WaterAct (C WA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination maybe relied upon fora period not to exceed five years from the date of this notification.
4. ® Ajurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However,you
may request an approved JD, which is an appealable action, by contacting the Corps for further instruction,
5. ❑ The aquatic resources within the above described projectarea have been identified under a previous action. Pleasereference
the approvedjurisdictionaldeterminationissued . Action ID: SAW-
B. Basis For Jurisdictional Determination
C. Remarks:
D. Attention USDA Program Participants
This delineation/detennination has been conducted to identify the limits of Corps' Clean WaterAct jurisdiction forthe particularsite
identified in this request. Thedelineation/determination may not be valid forthe wetland conservation provisions of the Food Security
Act of 1985. If youoryourtenant are USDA Program participants, oranticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, priorto starting work.
E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above).
If you object to this determination, you may requestan administrative appeal under Corps regulations at3 3CFRPart331. Enclosed
you will find a Notification ofAppeal Process (NAP) factsheet and Request forAppeal (RFA) form. I fyou request to appeal this
determ ination you must submit a completed RFA form to the following address:

US Army Corps of Engineers
South Atlantic Division
Attn: PhilipShannin, Appeal Review Officer
60 Forsyth StreetSW, Room 1 OM 15
Atlanta, Georgia 30303-8801
Phone: [phone]
In orderforan RFAto be accepted bythe Corps, theCorps must determine that it is complete, thatit meets the criteria forappeal
undei-3 3 CFR part 3 31.5, andthat it has been received by the Division Officewkhin 60 days ofthe date ofthe NAP. Shouldyou
decide to submit an RFA form, it must be received at the above address by
It is not necessary to subm it an RFA form to the Division Office if you do not object to the determination in this
correspondence. I
CURREY.GREGORY.E, Digitally signed by
CURREY.GREGO Y.EUGENE.10510119
Corps Regulatory Official: UGENE.1051011950'so
oate:zoz,.oz.orta:,s:co-osoc
Gregory Currey
Date of JD
Expiration Date ofJD:
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 our Customer Satisfaction Survey, located online at
http://corpsmayu.usace.army.mil/cm anex/f?o=136:4:0.
Copies fumishedby email:
Tara Macpherson (NC DCM)
Curt Weychert (NC DCM)
Robb Mairs (NC DWR)
RECEIVED
FEB.,U a 2011
M SECTION
DCM - MHD CITY

Action ID Number: SAW-2000-01339
Permittee: Anthony Dombroski
County: New Hanover County
Project Name: 1632 Soundwatch Drive/ Dombroski Single Family Residence & Dock
Date Verification Issued: February 2, 2021
Project Manager: Gregory Currey
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Gregory Currey
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work'authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
RECEIVED
FEB 02 2021
MP SECTION
DCM - MHD CITY

ROY COOPER
Governor
MCHAELS.REGAN
Secretary
BRAXTON C. DAVIS
Director
NORTH CAROLINA
Environmental Quality
January 11, 2021
New Hanover County
ADT Building Group, Inc.
Rudy Dombroski, PE, GC, PU ([e-mail])
Dear Mr. Dombroski,
This letter is in reference to the application submitted for New Hanover County, for a Coastal
Area Management Act Major Permit to undertake development activities to perform filling of
wetlands, construction of a single family residence, construction of a bulkhead, culvert pipe
installation, and construction of a private docking facility within Everett Creek, in New Hanover
County.
Although processing of the application is nearing completion, additional time is needed for this
office to complete the review and make a decision on your request. Therefore, it is necessary that
the standard review time be extended. An additional 75 days is provided by G.S. I I3A-122(c)
which would make March 27, 2021 the new deadline for reaching a decision on your request.
However, we expect to take action prior to that time and will do so as soon as possible. In the
interim, should you have any question on the status of your application, do not hesitate to contact
me by phone [phone] ext. 211) or e-mail ([e-mail]).
Sincerely,
Curt Weychert
Assistant Major Permits Coordinator
Cc: DCM Morehead City
DCM Wilmington
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557
252.8082808

tro
October 11, 2020
To: Tara MacPherson, District Manager/Express Permitting Coordinator, NC Department of
Environmental and Natural Resources, 27 Cardinal Drive Ext., Wilmington, NC 28405-3845, 910-
796-7215, [e-mail], robb.mairs(cDncdenr.eov.
From: Edward K. Carter, Jr., 1636 Sound Watch Drive, Lot 9, Intracoastal Watch Subdivision,
Wilmington, NC, 28409, 440-785-8397, ekc83970email.com.
CC: ATD Construction Company, 2900 Middle Sound Loop Road, Wilmington, NC 28411
RE: Notification by building contractor, ATD Construction, proposing to develop Lot 8,
Intracoastal Watch Subdivision.
The Request:
The building contractor states a desire to:
1. ' Double the existing upland area on lot 8 by filling in additional 404 wetlands,
2. Enclose existing and newly created upland totaling 8,000 square feet with a wooden
bulkhead wall on 4 sides,
3. Build an earthen bridge with two culverts to access the created upland area from a
shared driveway, and
4. Construct a private use dock.
The Department of Environmental Quality and affiliated agencies, including the Department of
Coastal Management, are tasked with Missions to Protect and Conserve coastal resources.
However, it appears that you are being asked by the building contractor to compound a prior
non -permitted action to create a building pad that will harm neighboring property values,
reduce enjoyment of the present residents and potentially do serious harm to the ecosystem.
The building contractor's proposed plans do not take into consideration impacts to adjacent
properties nor have they considered how to maintain continuity with the subdivision. Adjacent
property owners have been ignored by the building contractor while the plans were developed.
It is my hope that your department will not issue permits that will cause further damage but
instead, help to protect and conserve coastal resources that would be impacted.
Below I will outline my specific objections to the proposed radical changes sought by theRECEIVED
building contractor, in pursuit of developing this wetland area, at all cost.
OCT 112020
My Objections: MP SECT04-
As the owner of the adjacent Intracoastal Watch subdivision property, lot 9, 1 am vehen{��f><ly' MHD CITY
opposed to the following proposed plans outlined in the letter and drawings, received from the
building contractor, dated September 18, 2020. The massive proposed changes to lot 8, simply
C7 to accommodate the contractor's desires, pose potential harm to my property, adjacent

properties, the Intracoastal Watch Subdivision and the coastal wetlands. Risks include a
reduction in the value to all properties adjacent to Lot 8 and our personal enjoyment.
I am also concerned by the building contractor's apparent strategy of every few years asking of
additional development concessions for this property. In 2007, there was a compromise agreed
to with the Army Corp of Engineers creating the existing upland building area. In 2015, a 60-foot
setback variance was approved in lieu of the 75-foot standard setback. Now in 2020, the
contractor is requesting to make excessive changes to the property inconsistent with the.
subdivision and neighboring properties.
After your review of my specific objections I would be happy to meet with you at your
convenience to further review my concerns.
Specific objections are as follows.
1. 1 object to the proposed request to double the size of the upland area by adding to the
existing uplands that was created from non -permitted filling.
a. Lot 8's present upland area was created in part by an unpermitted action of a
prior owner. As a result, in May of 2007, a portion of Lot 9 was placed in
conservation with the filing of a Conservation Declaration, Book 5403, Page
2496. The present owner had this knowledge at the time of purchase and
should not expect exceptions to be granted that would fill-in additional
wetlands.
i. Previous bad -deeds cannot be overlooked when considering permitting
additional filling. This is especially true when the proposed permits have
the potential of harming adjacent properties. Therefore, the building
project should be restricted to the existing upland area that was in
existence when the property was purchased.
2. 1 object to the proposed request to double the size of the upland area to 8,000 square
feet as this would be inconsistent with Storm Water Management guidance on "built
upon area".
a. If approved, doubling the uplands to 8,000 square feet and surrounding it with a
bulkhead, should define total "built upon area". This constructed upland area
would set on top of the natural land grade. If considered as the total "built upon
area", the size may violate the existing stormwater management permit.
i. State Stormwater Management Permit No. SW8 960623, 1.1., limited
each of the 19 lots in the Intracoastal Watch Subdivision to a maximum
4,300 square feet of built -upon area. CAMA retained the right to reduce
this area but, not to increase it.
3. 1 object to the request to increase the upland area because the proposal would
encroach into the 30-foot swale easement on the south side of lot 8.
The plans provided, Sheet 4 of 10, show that the "New" upland area and
bulkhead encroaches into the 30-foot swale easement. RECEIVED
OCT 121..2020
MP SECTION
DCM - MHD CITY

b. Encroachment or modification of the deeded swale would be unacceptable. The
swale was established to handle stormwater run-off from several
neighborhoods and to protect the surrounding properties from excessive
flooding.
c. State Stormwater Management Permit No. SW8 960623, 1.8.c., "filling in or
piping of any vegetative conveyances (ditches, swales, etc.) associated with the
development except for average driveway crossings, is strictly prohibited by any
persons".
4. 1 object to the enlarging of the upland area surrounded by a bulkhead as proposed
because setbacks requirements for the building project will not be met.
a. The creation of the bulkhead enclosed upland area on which to build a three-
story residence should be viewed as the total residential construction project
and subject to all applicable setback requirements.
b. The project plan, Sheet 8 of 10, shows a large portion of the "new" bulkhead
surrounded uplands extending east of the 60-foot normal high-water line
variance obtained for this property. This pushes bulkhead construction as much
as much as 60 feet closer to this high-water mark and unnecessarily covers
existing 404 wetlands.
c. Therefore, if approved, any bulkhead construction should adhere to 60-foot
variance already granted.
d. The bulkhead, being part of the construction, should also adhere to a minimum
ten (10) foot side setback requirement.
i. The side setback requirement is disclosed in the Intracoastal Watch
Declaration of Covenants Section 4 "The side building setback line shalIRECEIVED
be a minimum of ten (10) feet from each side of each Iota' If the New
Hanover County building codes establish a greater setback than the OCT '1 112020
subdivision's, that one should take precedence. MP SECTION
5. 1 object to an enlarged bulkhead encased upland area because the potential damage t9CM - MHD CITY
adjacent properties and the environment.
a. The construction of a bulkhead surrounding the fill-in upland area is inconsistent
with the subdivision and surrounding neighborhoods. Additionally, allowing one
lot to use bulkheads in this manner jeopardizes surrounding properties.and
harms the environment.
L This could potentially result in waterfront property owners racing to add
bulkheads to protect their property from the neighbor's bulkhead.' '
b. According to the CAMA Handbook for Development in Coastal North Carolina"-
bulkheads "are not the most desirable method of shoreline stabilization "
because they can encroach into estuarine waters or public trust areas and
prevent the natural migration of coastal wetlands". "In addition, bulkheads can
lead to the destruction of shallow water habitat". "Vertical bulkheads do not
dissipate wave energy as well; they can direct energy to adjacent properties and
to the base of the bulkhead causing additional erosion and damage".

6. 1 object to an enlarged bulkhead encased upland area because of disruption to the
natural watercourse.
a. I object to the creation of an 8,000 square foot upland area surrounded by a
wooden bulkhead next to my property. The creation of such a large impediment
to the natural watercourse could have damaging impact to mine and other
surrounding properties. In an area where we can experience tidal flooding,
storm surge, and excessive storm water run-off, the creation of such an
abnormal structure should not be approved.
b. The natural land contour of the Intracoastal Watch Lots 8 and 9 is to slant east
towards the waterway and south towards the swale. The creation of a large
bulkhead encased upland area will disrupt the natural watercourse to the
waterway and to the swale, pushing excessive water on to my property. The
larger the upland area and the closer the bulkhead is to the property line the
greater the negative impact.
7. 1 object to the construction of a bulkhead encased earthen bridge, containing only two
culverts stretching from the shared driveway, more than 30-feet across my side yard
and connecting to the proposed western most bulkhead wall. The combination of the
bridge wall, and the building area wall, will extend over 100 feet. Water blocked from its
normal flow, will be funneled through the 2 small culverts, emptying, without approval
from me, and with total disregard, on to my property.
a. This is clearly in violation to Water Quality Certification No. 3900 that states:
"Installation of culverts in wetlands must ensure continuity of water movement
and be designed to adequately accommodate high water or flood conditions.
f: Additionally, when roadways, causeways, or other fill projects are constructed
across FEMA-designed floodways, or wetlands, openings such as culverts or
bridges must be provided to maintain the natural hydrology of the system as
well as prevent constriction of the floodway that way result in destabilization of
streams or wetlands."
i. The proposed bridge and bulkhead will create excessive dam walls.
1. On the west side of the two lots the plan shows a wall extending
over 100 feet in length. (bridge plus a proposed 71.5-foot
RECEIVES bulkhead west wall) This dam has the potential of drastically
changing the natural watercourse running from Myrtle Grove
Road to the Waterway.
OCT i' 1.2016 2. The east side of the bridge would create a "dead" corner, where
MP SEC710N it would connect to the north bulkhead wall. That corner would
nr,M - MHD CI?Y catch water flow from tidal flooding, storm surge, and storm
water run-off, without an outlet, and become an eye sore facing
my property.
b. On pages 8 of 10, and 10 of 10, of the plans provided, the contractor is
proposing to handle waterflows from tidal flooding, storm surge, and
neighborhood storm water run-off through two culverts running under the
4

bridge. The plans show that the culverts would open only onto my property (Lot
9) and not onto Lot 8, ATD's property. This would leave me to deal with the
water discharged through the culverts that previously migrated to the waterway
across ATD's property and wetlands, towards the waterway or the swale.
i. Reducing the wetlands and only providing outlets opening to my side
yard will push more water on to my property and create risks of
reduced home value and lesser home enjoyment.
ii. Bridge access should be designed to not impede stormwater runoff,
dam tidal flooding or storm surge, or to create a change to the
watercourse that would funnel excess water on to adjacent properties.
iii. If the builder choses to use culverts, they should empty on to the
builder's lot in such away as not to damage surrounding properties or
to impede water from tidal flooding, storm surge, or storm water run-
off.
8. 1 object to the construction of a private use dock.
a. The construction of a private use dock is inconsistent with'the intent of
neighborhood provided amenities that include a community pool, tennis court,
clubhouse and dock. At the time of purchase, residents, including me, were told
that the 3 waterfront properties, in an agreement with CAMA, obtained
approval for the community dock by relinquishing rights to build private docks.
i. These statements were supported by the fact that the community dock
spans portions of the three waterfront lots within Intracoastal Watch.
This belief entered into my purchase decision.
1. A change would have a detrimental impact to value and
enjoyment of my property.
ii. The community dock has existed for some years and use of the
waterway in front of lot 8 has been well established. Approval of the
dock would not only have a detrimental impact to the value and
enjoyment of my property and but also to all property owners in the
Intracoastal Watch community.
1. The construction of such a dock with a large covered section,
positioned behind existing Intracoastal Watch slips, creates a
navigational hazard for slip owners.,Recall a portion of the
neighborhood dock is in front of lot 8.
iii. The construction of a large covered area at the end of the proposed
;.- dock will create an obstruction to the view of the Intracoastal Waterway
from the existing Intracoastal Watch gazebo.
1. The result will be damage to the property values of the
remaining 18 properties, making up the Intracoastal Watch
't,- Subdivision, and enjoyment of the community dock and gazebo,
by the. property owners. RECEIVED
OCT' 1t, 2010
MP SECTION
DCM - MHD CITY

iv. Rather than attempting to squeeze in a private use dock, it is
recommended that the building contractor purchase an existing slip on
the community's dock when available.
Thank you in advance for your thoughtful consideration of my objections to the changes the
building contractor has proposed.. Again, I would be happy to discuss my concerns in more detail
with you, at you convince.
Important Background Information Regarding Lot 8, Intracoastal Watch Subdivision
Existing Upland Area — approximately 4,200 square feet —
1. The existing upland area on lot 8 was created when a previous owner, illegally and
without filing for permit, dumped many truckloads of soil on 404 wetlands. The
dumping was stopped by the Army Corp. of Engineers. Working with a number of
agencies, including CAMA, in May 2007 a compromise was reached that left an area of
approximately 4,200 square feet of uplands and placed a portion of the property of
approximately 98 feet X 181 feet under a conservation declaration. (Book 5403, Page
2496)
a. A compromise was reached creating 4,200 square feet of buildable upland.
b. Expanding the upland area to 8,000 square feet seems inconsistent with the
compromise reached regarding the property in 2007.
2. In 2015, ATD Construction required, as a condition of purchase, that the prior owner of
lot 8 obtain a variance, reducing the set -back from 75 feet to 60 feet, as a condition of
purchase. At that time, ATD provided an example of a 2,200 square foot home
positioned on the existing upland. ATD did not disclose an intent to create 4,000 square
feet more upland by dumping fill on 404 wetlands.
a. An exception was granted to reduce the set -back.
b. The purchaser clearly understood the challenges faced to build on the existing
upland. understanding the challenges and limitation to constructing a home on
the property due to the remaining wetlands surrounding the upland area.
3. Upland expansion will change to pattern of water ingress from storm surge and tidal
activity and egress of storm water to the waterway.
RECEIVED
OCT112020
MP SECTION
DCM - MHD CITY
6

()McIntosh• Collier
CROSSLEY MCINTOSH COLLIER HANLEY & EDES, P.L.L.C.
ATTORNEYS AT LAW
3OHN F. CRossLEY (1921-2006)
DOuGLAs F. MCINTOSH(1959-2016)
CLAY ALLEN COLLIER
ANDREWHANLEY
BRIAN E. EDER
NORWOOD P. BLANCHARD, III
ANDREW PENNY
Tara MacPherson
Wilmington Region District Manager
NC Division of Coastal Management
Department of Environmental Quality
127 Cardinal Drive Ext
Wilmington, NC 28405
December 5, 2020
VIA EMAIL TO: [e-mail]
Re: CAMA Permit Application for 1632 Sound Watch Drive (Lot 8)
Wilmington, North Carolina
Dear Ms. MacPherson:
5002 RANDALL PARKWAY
Wn,mrNGTON,NC 28403
TELEPHONE [phone]
FAx [phone]
TOLL FREE 800/499-9711
E-mail: [e-mail]
I represent Dr. Andrew Simpson and his wife, Mrs. Kim Simpson, who own the property
adjacent to 1632 Sound Watch Drive (Lot 8). The proposed development of Lot 8 violates
several of the rules governing development in non -ocean front Areas of Environmental Concern
("AEC"). Accordingly, please allow this correspondence to serve as the Simpsons' formal
objections to this permit application.
Objection #1. The Simpson object to the filling of approximately 4,000 square feet of 404
Wetlands and the installation of a bulkhead on Lot 8.
The majority of the existing 4,000 square feet of uplands were created unlawfully by
former owners of Lot 8 who filled in wetlands without a permit. Once this unlawful activity was
discovered the USACE stopped additional unlawful filling and settled the matter by requiring the
owner of the property to execute and record a Conservation Declaration on May 7, 2009 (see
attached). As such, allowing an additional 4,000 square feet of wetlands to be filled in would
significantly change the topography of Lot 8 as well as the drainage pattern for stormwater and
tidal influx. The Simpsons' lot is lower elevation than the prosed 8,000 square feet of uplands
on Lot 8 and would therefore be subject to additional water runoff. Moreover, allowing these
8,000 square feet of proposed uplands to be bulkheaded would further exacerbate this problem
and damage the surrounding wetlands.
Page I of 4

It is well established that bulkheads installed on or near estuarine shorelines disrupt the
surrounding wetlands and local ecology. Adverse effects of estuarine bulkheads include, but are
not limited to, the following:
• reflection of wave energy (to adjacent properties that do not have bulkheads);
• the gradual disappearance/erosion of intertidal areas adjacent to the bulkhead (i.e. the
"bathtub effect");
• the destruction of tidal marshes in front of the bulkhead that are damaged by reflected
wave action and/or unable to retreat landward with rising seas levels;
• sharply dividing upland and wetland habitats thereby preventing integrated vegetation
buffers;
• interfering with wildlife's ability to easily move between aquatic and terrestrial habitats;
• degraded water qualities; and
• degraded fisheries
The cumulative effects of bulkheads at or near an estuarine shoreline can cause the loss of
natural beach, a reduction in sand supply and transport, as well as a deeper near -shore region in
front of the bulkhead. Landowners are naturally concerned with erosion on their own property;
however, the implications for neighboring properties cannot be ignored. Bulkheads lead to
changes in water flow and sediment dynamics that affect the entire estuary. The construction and
implementation of a bulkhead reduces the volume of sand that is available for shoreline
transport, causing adjacent sites to become starved of sediment. See Generally, National
Research Council [NRC]. "Mitigating Shore Erosion Along Sheltered Coasts". National
Academy of Science, 2006.
The Simpsons' lot is not bulkheaded. Consequently, the construction of a bulkhead on Lot 8
will not only force them to deal with additional stormwater runoff and tidal influx effects but the
existence of a bulkhead on Lot 8 will also cause the above described adverse effects to the
wetlands and ecology on and around the Simpsons' property.
Allowing a bulkhead on Lot 8 would contrary to the following rules and objectives:
• 15A NCAC 07H .0203 MANAGEMENT OBJECTIVE OF THE ESTUARINE
AND OCEAN SYSTEM
It is the objective of the Coastal Resources Commission to conserve and manage estuarine
waters, coastal wetlands, public trust areas, and estuarine and public trust shorelines, as an
interrelated group of AECs, so as to safeguard and perpetuate their biological, social,
economic, and aesthetic values and to ensure that development occurring within these
AECs is compatible with natural characteristics so as to minimize the likelihood of
significant loss of private property and public resources. Furthermore, it is the objective of
the Coastal Resources Commission to protect present common-law and statutory public
rights of access to the lands and waters of the coastal area.
15A NCAC 07H .0205 COASTAL WETLANDS
(b) Significance. The unique productivity of the estuarine and ocean system is supported by
detritus (decayed plant material) and nutrients that are exported from the coastal
Page 2 of 4

wetlands. Without the wetlands, the high productivity levels and complex food chains
typically found in the estuaries could not be maintained. Additionally, coastal
wetlands serve as barriers against flood damage and control erosion between the
estuary and the upland.
(c) Management Objective. It is the objective of the Coastal Resources Commission to
conserve and manage coastal wetlands so as to safeguard and perpetuate their
biological, social, economic and aesthetic values, and to coordinate and establish a
management system capable of conserving and utilizing coastal wetlands as a natural
resource necessary to the functioning of the entire estuarine system.
(d) Use Standards. Suitable land uses are those consistent with the management objective in
this Rule. First priority of use shall be allocated to the conservation of existing
coastal wetlands. Secondary priority of coastal wetland use shall be given to those
types of development activities that require water access and cannot function
elsewhere.
• 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.
• 15A NCAC 07H .0208 USE STANDARDS
(a) General Use Standards
(2) Before being granted a permit, the CRC or local permitting authority shall find that
the applicant has complied with the following standards:
(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.
(b) Specific Use Standards
(7) Bulkheads
(B) Bulkheads shall be constructed landward of coastal wetlands in order to avoid
significant adverse impacts to the resources;
Objection # 2. The Simpsons object to the construction of a bulkhead that obstructs the 30'
drainage easement located on the southern boundary line of Lot 8.
Although not depicted on any of the applicant's plat plans, a 30' drainage easement runs
along the southern property line of Lot 8 (see attached plat). The applicant's plans show that the
proposed bulkhead surrounding the proposed newly expanded (in fact doubled) upland area and
bulkhead encroaches into the 30-foot drainage easement located on the south side of Lot 8. As
stated above, the additional filling of 4,000 square feet of wetlands in and of itself will cause
water inundation on to the Simpsons' property. This water inundation will be exacerbated if the
drainage easement is obstructed by the proposed bulkhead.
Page 3 of 4

Objection # 3. Incorporation of other objections by reference.
The Simpsons refer to, adopt, and incorporate herein by reference the objections of Mr.
Ken Carter sent to the Wilmington Office of the Division of Coastal Management on or about
October 15, 2020.
Conclusion
The proposed development in essence seeks permission to double the uplands on a lot
that was unlawfully filled by its previous owner(s). Moreover, it seeks to install a bulkhead that
will cause the Simpsons' parcel to be inundated with additional water related issues. The
proposed development further compounds the runoff issue by obstructing a drainage easement.
It is respectfully submitted that this proposed development, under these facts, would thwart the
objectives of CAMA, the Rules governing estuarine shoreline development and in essence,
reward the bad behavior engaged in by the previous owner(s) of Lot 8. Accordingly, the
Simpsons request the subject application be denied.
On behalf of the Simpsons I thank you for your consideration of these objections.
Very truly yours,
Brian E. Edes
Page 4 of 4

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I I�� III illl �I �I ICI �Il �I RIB ill IIN Nll
FOR REGiSTRPTION REGISTER OF DEEDS
]ENNIFER N. MACNEI5"
N£W HPNOVER COUNTY! NO
2009 MAY 07 * 45:49 AM
BK:5403 RG:2496-2504 FEE435.00
INSTMENi � MEN
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•w�..mxnes
MODEL DECLARATION OF RESTRICTIONS
August, 2003
STATE OF NORTH CAROLINA
t40 YANOyf r, COUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS (" r+.Iw„ ;) is made on this. L?46" day of M 200_J by fNAME AND ADDRESS OF DECLARANT] "Declarant").
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in' fee simple of the certain Conservation
Property (Property) being approximately 1 acres, more particularly described in
Exhibit A attached hereto and by this reference incorporated herein [reference to a
recorded map showing a survey of the preserved area may be required]; and
B. The purpose of this Conservation Declaration is to maintain wetland and/or
riparian resources and other natural values of the Property, and prevent the use or
development of the Property for any purpose or in any manner that would conflict with
the maintenance of the Property in its natural condition. The preservation of the Property
in its natural condition is a condition of Department of the Army permit Action ID
SAa1-&V#-Mt"-issued by the Wilmington District Corps of Engineers (Corps), required
to mitigate for unavoidable impacts to waters of the United States authorized by that
permit, and this Conservation Declaration may therefore be enforced by the United States
of America.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that
the Property shall be held and subject to the following restrictions, covenants and
conditions as set out herein, to run with the subject real property and be binding on all
parties that have or shall have any right, title, or interest in said property.
ARTICLE 1. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purposes of this
Conservation Declaration is prohibited. The Property shall be maintained in its natural,
scenic, and open condition and restricted from any development or use that would impair

or interfere with the conservation purposes of this Conservation Declaration set forth
above.
Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited or restricted.
A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Property or any introduction of non-native
plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement, billboard or other advertising display,
antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or
permanent structure or facility on or above the Property.
C. Industrial. Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any right of passage for such purposes are prohibited.
D. Agricultural. Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Property are prohibited:
E. Vegetation. 'There shall be no removal, burning, destruction, harming, cutting
or mowing of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the property.
G. Signaee. No signs shall be permitted on or over the Property, except the
posting of no trespassing signs, signs identifying the conservation values of the Property,
signs giving directions or proscribing rules and regulations for the use of the Property
and/or signs identifying the Grantor as owner of the property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or other
materials on the Property is prohibited.
I. Excavation. Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any manner
on the Property, except to restore natural topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling,.filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or alteration
of the restored, enhanced, or created drainage patterns. In addition, diverting or causing
2

or permitting the diversion of surface or underground water into, within or out of the
easement area by any means, removal of wetlands, polluting or discharging into waters,
springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or
extinguished by this Conservation Declaration shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or
may become inconsistent with the purposes of this grant, the preservation of the Property
substantially in its natural condition, or the protection of its environmental systems, is
prohibited.
ARTICLE 11. ENFORCEMENT & REMEDIES
A. This Declaration is intended to ensure continued compliance with the
mitigation condition of authorizations issued by the United States of America, U.S. Army
Corps of Engineers, Wilmington District, and therefore may be enforced by the United
States of America. This covenant is to run with the land and shall be binding on all
parties and all persons claiming under the Declarant.
B. Corps, its employees and agents and its successors and assigns, have the
right, with reasonable notice, to enter the Property at reasonable times for the purpose of
inspecting the Property to determine whether the Declarant, Declarant's representatives,
or assigns are complying with the terms, conditions and restrictions of this Conservation
Declaration.
C. Nothing contained in this Conservation Declaration shall be construed to
entitle Corps to bring any action against Declarant for any injury or change in the
Conservation -Property caused by third parties, resulting from causes beyond the
Declarant's control, including, without limitation, fire, flood, storm, and earth movement,
or from any prudent action taken in good faith by the Declarant under emergency
conditions to prevent, abate, or mitigate significant injury to life, damage to Property or
harm to the Property resulting from such causes.
ARTICLE III. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right to
enter the Property for any purpose whatsoever.

ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition. The Declarant represents and
acknowledges that the Property is currently undeveloped land, with no improvements
other than any existing utility lines, Declarations and rights of way.
B. Title. The Declarant covenants and represents that the Declarant is the
sole owner and is seized of the Property in fee simple and has good right to make the
herein Declaration; that there is legal access to the Property, that the Property is free and
clear of any and all encumbrances, except Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation Pumose.
(1) Declarant, for itself, its successors and assigns, agrees that this
Conservation Property shall be held exclusively for conservation purposes.
B. Entire Ageeement. This instrument sets forth the entire agreement of the
parties with respect to the Conservation Declaration and supersedes all prior discussions,
negotiations, understandings or agreements relating to the Conservation Declaration. If
any provision is found to be invalid, the remainder of the provisions of this Conservation
Declaration, and the application of such provision to persons or circumstances other than
those as to which it is found to be invalid, shall not be affected thereby.
C. Recordine. Declarant shall record this instrument and any amendment
hereto in timely fashion in the official records of &W if mcit County, North Carolina,
and may re-record it at any time as may be required to preserve its rights.
D. Environmental Condition of Conservation Property. The Declarant
warrants and represents that to the best of its knowledge after appropriate inquiry and
investigation: (a) the Property described herein is and at all times hereafter will continue
to be in full compliance with all federal, state and local environmental laws and
regulations, and (b) as of the date hereof there are no hazardous materials, substances,
wastes, or environmentally regulated substances (including, without limitation, any
materials containing asbestos) located on, in or under the Property or used in connection
therewith, and that there is no environmental condition existing on the Property that may
prohibit or impede use of the Property for the purposes set forth in the Recitals.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and
year first above written.
[Signature of Declarant in proper forn:J
4

ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition. The Declarant represents and
acknowledges that the Property is currently undeveloped land, with no improvements
other than any existing utility lines, Declarations and rights of way.
B. Title. The Declarant covenants and represents that the Declarant is the
sole owner and is seized of the Property in fee simple and has good right to make the
herein Declaration; that there is legal access to the Property, that the Property is free and
clear of any and all encumbrances, except Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose.
(1) Declarant, for itself, its successors and assigns, agrees that this
Conservation Property shall be held exclusively for conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of the
parties with respect to the Conservation Declaration and supersedes all prior discussions,
negotiations, understandings or agreements relating to the Conservation Declaration. If
any provision is found to be invalid, the remainder of the provisions of this Conservation
Declaration, and the application of such provision to persons or circumstances other than
those as to which it is found to be invalid, shall not be affected thereby.
C. Recording. Declarant shall record. this instrument and any amendment
hereto in timely fashion in the official records of Ojw V WVL .County, North Carolina,
and may re-record it at any time as may be required to, preserve its rights.
D. Environmental Condition of Conservation Property. The Declarant
warrants and represents that to the best of its knowledge after appropriate inquiry and
investigation: (a) the Property described herein is and at all times hereafter will continue
to be in full compliance with all federal, state and local environmental laws and
regulations, and (b) as of the date hereof there are no hazardous materials, substances,
wastes, or environmentally regulated substances (including, without limitation, any
materials containing asbestos) located on, in or under the. Property or used in connection
therewith, and that there is no environmental condition existing on the Property that may
prohibit or impede use of the Property for the purposes set forth in the Recitals.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and
year first above written.
:ribed before me this the day of
OIE
My Commissiotii expires:IZ411

Legal Description
For
Wetland Preservation Area
on
Lot 8 Intracoastal Watch
Masonboro Township, New Hanover County, North Carolina
Property Address #1632 Sound Watch Drive
(Parcel #R07912-007-009-000)
Commencing from Iron pipe found on the Right of Way of Sound Watch Drive (45' Wide
Private Right of Way); said Iron pipe also being the common comer of Lot #8 and Lot #9 of
Intracoastal Watch (Map Book 36 Page 27); thence from said commencing point leaving
said Right of Way along said common line South 01054'20" West 17.35, thence
continuing along said line South 58958'17" East 140.67' to a point; thence leaving said
common line crossing said Lot #8 South 30057'57" West 98.12' to point on the Northern
line of Alaysa & Brian Bostick; thence along the common line of said Lot #8 and said Bostick
line North 59002'03" West 181.97' to a point on the Eastern side of a 15' Drainage
Easement; said point being 15.00' from the common comer of Lot #7 and Lot #8 of said
Map Book 36 Page 27; thence leaving said Bostick line along the eastern edge of said
Drainage Easement North 30016'26" East 91.66' to a point on the Southern Right of Way
of Sound Watch Drive; thence along a curve to the left having a radius of.50.00' and a
central angle of 47035'24" (said curve having no tangency to the line coming in) a Chord
Bearing North 88618'15" East. and Chord Distance of 40.36' to the Commencing Point.
Above Preservation Area containing 18,023 Square Feet, 0.41+/- Acres and being the same
as shown on a map. prepared by Danford and Associates Dated January 13, 2009. Basis of
Bearings for legal description Is Map Book 36 Page 27.
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LEGAL DESCRTMON WRITTEN BY DANFORD & ASSOCIATES SURVEYING

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EXHIBIT MAP FOR WETLAND PRE5ERVATION JANUARY 13, 2009
ta,Ml�pggYII4R DANFORD nNClGO O so 60 120
&ASSOCIATES `�-�"" 11 CLARKE SPEAKS
uwo eumreTDNe, r.c '"it°•"'m" 1632 SDUNDWATCH DRIVE LOT 8 INTRACOA57AL WATCH
I INCH m 60 FEET
MA50NBOR0 TOWNSHIP NEWHANOVER COUNTY, N.C.®DANroRo4A9eDaw� SAND sulcucr,HG.Pc

/,iKTV\
JENNIFER H. MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
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Filed For Registration: 05/07/200910:45:49 AM
Book: RE 5403 Page: 2496-2504
Document No.: 2009016290
9 PGS $35.00
Recorder: CRESWELL, ANDREA
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2009016290*
2009016290

Weychert, Curtis R
From: MacPherson, Tara
Sent: Tuesday, October 20, 2020 2:07 PM
To: Weychert, Curtis R
Subject: FW: [External] Fwd: Lot 8, Intracoastal Watch Subdivision - Objections to proposal
FYI again
Tara MacPherson
Wilmington Region District Manager
NC Division of Coastal Management
Department of Environmental Quality
910 796-7266 office
910 395-3964 fax
tara. macoherson(tDncdenr.aov
127 Cardinal Drive Ext
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Brian Edes [mailto:[e-mail]]
Sent: Tuesday, October 20, 20201:57 PM
To: MacPherson, Tara <[e-mail]>
Cc: Weychert, Curtis R <[e-mail]>; Goebel, Christine A <[e-mail]>
Subject: [External] Fwd: Lot 8, Intracoastal Watch Subdivision - Objections to proposal
Good afternoon Tara,
It has been a while since I've spoken with you and I trust all is well your way. I just left
you a voicemail concerning the permit application for this property (Lot 8, Intracoastal
Watch Subdivision). I represent Dr. Andrew Simpson who lives adjacent to this lot. I
have just recently been retained and understand that Dr. Simpson received notice of
the application on September 23rd. Oddly enough he says neither he nor his wife
signed for the letter. At any rate, I spoke with Christy Goebel yesterday on another
matter and I mentioned this application to her during our call. Christy suggested that I
contact you and Curt to let you know that I will be lodging objections on behalf of Dr.
Simpson. Based on the email chain below it appears that as of last Thursday this
application was not complete so I am writing to let you know of my involvement and to

request some time past October 23rd to lodge Dr. Simpson's objections. I also left you a
voicemail a few moments ago (sorry- I kind of rambled on in the voicemail).
I'd greatly appreciate your providing me with an update as to the status of this
application as well as your position as to when Dr. Simpson's objections must be lodged
to be deemed timely. To that end I look forward to hearing from you at your earliest
convenience.
Best regards,
Brian Edes
Crossley McIntosh Collier Hanley & Edes, PLLC
---------- Forwarded message ---------
From: Ken Carter <ekc8397@¢mail.com>
Date: Fri, Oct 16, 2020 at 12:39 PM
Subject: RE: [External] Fwd: Lot 8, Intracoastal Watch Subdivision - Objections to proposal
To: MacPherson, Tara <tara.macoherson(a)ncdenr.eov>
Cc: Andy Simpson <[e-mail]>
Thank you for your response.
As you can tell from my list of objections, there are serious concerns about how the proposed development of this lot
could harm the neighborhood and surrounding properties.
We hope you will be one of our voices in protecting this coastal area.
Thank you again,
Ken Carter
1636 Sound Watch Drive
Wilmington, NC 28409
N 34° 07', W 770 52.5'

Jr [e-mail]
Cell: [phone]
From: MacPherson, Tara <[e-mail]>
Sent: Thursday, October 15, 2020 1:48 PM
To: Ken Carter <[e-mail]>
Cc: Weychert, Curtis R <[e-mail]>
Subject: RE: [External] Fwd: Lot 8, Intracoastal Watch Subdivision - Objections to proposal
Hi Mr. Carter, I received your objection and it will become part of the permanent file and will be included with the
application package. The application is not complete at this time so it has not been processed or sent out for review yet.
This is the second submittal for this development. The last submittal went into review and the new permit application
incorporates many suggested agency changes and some re -design. This project was originally sent out for review in
2015. Both the US Army Corps of Engineers and the Division of Water Resources are aware of this project and will be
doing a complete review once the application is complete.
Thank you,
Tara
Tara MacPherson
Wilmington Region District Manager
NC Division of Coastal Management'
Department of Environmental Quality
910 796-7266 office
910 395-3964 fax
tara. macpherson no.ncdenr. oov

i
127 Cardinal Drive Ext
t
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Ken Carter [mailto:ekc8397@smaiLcom]
Sent: Thursday, October 15, 2020 9:20 AM
To: MacPherson, Tara <tara.macoherson(@ncdenr.¢ov>
Subject: [External] Fwd: Lot 8, Intracoastal Watch Subdivision - Objections to proposal
Sent from my Phone
Begin forwarded message:
From: Ken Carter <[e-mail]>
Date: October 11, 2020 at 2:03:33 PM EDT
To: tara.macoherson@ncdenr.¢ov. [e-mail].
Subject: Lot 8, Intracoastal Watch Subdivision - Objections to proposal
We received an outline of a proposed plan to develop lot 8 in the Intracoastal Watch Subdivision.
As one of the adjacent property owners, I have a number of objections to the radical development plans
proposed. Attached is a list of my concerns explaining how it is believed the plans received could cause
serious damage.

My hope is that you will investigate these objections thoroughly and not issue the permitting the
building contractor is requesting.
After your review, I would be happy to meet with you to discuss these,concerns further.
Ken Carter
1636 Sound Watch Drive
Wilmington, NC 28409
N 340 07', W 770 52.5'
[e-mail]
Cell: [phone]
Andrew W. Simpson,Sr., MD
Fellow, American Academy of Orthopaedic Surgeons

October 11, 2020
To: Tara MacPherson, District Manager/Express Permitting Coordinator, NC Department of
Environmental and Natural Resources, 27 Cardinal Drive Ext., Wilmington, NC 28405-3845, 910-
796-7215, [e-mail], [e-mail].
From: Edward K. Carter, Jr., 1636 Sound Watch Drive, Lot 9, Intracoastal Watch Subdivision,
Wilmington, NC, 28409, 440-785-8397, [e-mail].
CC: ATD Construction Company, 2900 Middle Sound Loop Road, Wilmington, NC 28411
RE: Notification by building contractor, ATD Construction, proposing to develop Lot 8,
Intracoastal Watch Subdivision.
The Request:
The building contractor states a desire to:
1. Double the existing upland area on lot 8 by filling in additional 404 wetlands,
2. Enclose existing and newly created upland totaling 8,000 square feet with a wooden
bulkhead wall on 4 sides,
3. Build an earthen bridge with two culverts to access the created upland area from a
shared driveway, and
4. Construct a private use dock.
The Department of Environmental Quality and affiliated agencies, including the Department of
Coastal Management, are tasked with Missions to Protect and Conserve coastal resources.
However, it appears that you are being asked bythe building contractor to compound a prior
non -permitted action to create a building pad that will harm neighboring property values,
reduce enjoyment of the present residents and potentially do serious harm to the ecosystem.
The building contractor's proposed plans do not take into consideration impacts to adjacent
properties nor have they considered how to maintain continuity with the subdivision. Adjacent
property owners have been ignored by the building contractor while the plans were developed
It is my hope that your department will not issue permits that will cause further damage but
instead, help to protect and conserve coastal resources that would be impacted.
Below I will outline my specific objections to the proposed radical changes sought by the
building contractor, in pursuit of developing this wetland area, at all cost.
My Objections:
As the owner of the adjacent Intracoastal Watch subdivision property, lot 9, 1 am vehemently
opposed to the following proposed plans outlined in the letter and drawings, received from the
building contractor, dated September 18, 2020. The massive proposed changes to lot 8, simply
to accommodate the contractor's desires, pose potential harm to my property, adjacent
RECEIVED
OCT 1 5 1? l 1
DC%4Ir,!_?.'iVc_ 101', Doc

properties, the Intracoastal Watch Subdivision and the coastal wetlands. Risks include a
reduction in the value to all properties adjacent to Lot 8 and our personal enjoyment.
I am also concerned by the building contractor's apparent strategy of every few years asking of
additional development concessions for this property. In 2007, there was a compromise agreed
to with the Army Corp of Engineers creating the existing upland building area. In 2015, a 60-foot
setback variance was approved in lieu of the 75-foot standard setback. Now in 2020, the
contractor is requesting to make excessive changes to the property inconsistent with the
subdivision and neighboring properties.
After your review of my specific objections I would be happy to meet with you at your
convenience to further review my concerns.
Specific objections are as follows:
1. 1 object to the proposed request to double the size of the upland area by adding to the
existing uplands that was created from non -permitted filling.
a. Lot 8's present upland area was created in part by an unpermitted action of a
prior.owner. As a result, in May of 2007, a portion of Lot 9 was placed in
conservation with the filing of a Conservation Declaration, Book 5403, Page
2496. The present owner had this knowledge at the time of purchase and
should not expect exceptions to be granted that would fill-in additional
wetlands.
i. Previous bad -deeds cannot be overlooked when considering permitting
additional filling. This is especially true when the proposed permits have
the potential of harming adjacent properties. Therefore, the building
project should be restricted to the existing upland area that was in
existence when the property was purchased.
2. ]object to the proposed request to double the size of the upland area to 8,000 square
feet as this would be inconsistent with Storm Water Management guidance on "built
upon area".
a. If approved, doubling the uplands to 8,000 square feet and surrounding it with a
bulkhead, should define total "built upon area". This constructed upland area
would set on top of the natural land grade. If considered as the total "built upon
area", the size may violate the existing stormwater management permit.
I. State Stormwater Management Permit No. SW8 960623,1.1., limited
each of the 19 lots in the Intracoastal Watch Subdivision to a maximum
4,300 square feet of built -upon area. CAMA retained the right to reduce
this area but, not to increase it.
3. 1 object to the request to increase the upland area because the proposal would
encroach into the 30-foot swale easement on the south side of lot 8.
a. The plans provided, Sheet 4 of 10, show that the "New" upland area and
bulkhead encroaches into the 30-foot swale easement.

b. Encroachment or modification of the deeded swale would be unacceptable. The
swale was established to handle stormwater run-off from several
neighborhoods and to protect the surrounding properties from excessive
flooding.
c. State Stormwater Management Permit No. SW8 960623, 1.8.c., "filling in or
piping of any vegetative conveyances (ditches, swales, etc.) associated with the
development except for average driveway crossings, is strictly prohibited by any
persons".
4. 1 object to the enlarging of the upland area surrounded by a bulkhead as proposed
because setbacks requirements for the building project will not be met.
a. The creation of the bulkhead enclosed upland area on which to build a three-
story residence should be viewed as the total residential construction project
and subject to all applicable setback requirements.
b. The project plan, Sheet 8 of 10, shows a large portion of the "new" bulkhead
surrounded uplands extending east of the 60-foot normal high-water line
variance obtained for this property. This pushes bulkhead construction as much
as much as 60 feet closer to this high-water mark and unnecessarily covers
existing 404 wetlands.
c. Therefore, if approved, any bulkhead construction should adhere to 60-foot
variance already granted.
d. The bulkhead, being part of the construction, should also adhere to a minimum
ten (10) foot side setback requirement.
i. The side setback requirement is disclosed in the Intracoastal Watch
Declaration of Covenants Section 4 "The side building setback line shall
be a minimum of ten (10) feet from each side of each lot." If the New
Hanover County building codes establish a greater setback than the
subdivision's, that one should take precedence.
5. 1 object to an enlarged bulkhead encased upland area because the potential damage to
adjacent properties and the environment.
a. The construction of a bulkhead surrounding the fill-in upland area is inconsistent
with the subdivision and surrounding neighborhoods. Additionally, allowing one
lot to use bulkheads in this manner jeopardizes surrounding properties and
harms the environment.
i. This could potentially result in waterfront property owners racing to add
bulkheads to protect their property from the neighbor's bulkhead.
b. According to the CAMA Handbook for Development in Coastal North Carolina
bulkheads "are not the most desirable method of shoreline stabilization
because they can encroach into estuarine waters or public trust areas and
prevent the natural migration of coastal wetlands". "In addition, bulkheads can
lead to the destruction of shallow water habitat'. "Vertical bulkheads do not
dissipate wave energy as well; they can direct energy to adjacent properties and
to the base of the bulkhead causing additional erosion and damage".
OCT 15 2029

6. 1 object to an enlarged bulkhead encased upland area because of disruption to the
natural watercourse.
a. I object to the creation of an 8,000 square foot upland area surrounded by a
wooden bulkhead next to my property. The creation of such a large impediment
to the natural watercourse could have damaging impact to mine and other
surrounding properties. In an area where we can experience tidal flooding,
storm surge, and excessive storm water run-off, the creation of such an
abnormal structure should not be approved.
b. The natural land contour of the Intracoastal Watch Lots 8 and 9 is to slant east
towards the waterway and south towards the swale. The creation of a large
bulkhead encased upland area will disrupt the natural watercourse to the
waterway and to the swale, pushing excessive water on to my property. The
larger the upland area and the closer the bulkhead is to the property line the
greater the negative impact.
I object to the construction of a bulkhead encased earthen bridge, containing only two
culverts stretching from the shared driveway, more than 30-feet across my side yard
and connecting to the proposed western most bulkhead wall. The combination of the
bridge wall, and the building area wall, will extend over 100 feet. Water blocked from its
normal flow, will be funneled through the 2 small culverts, emptying, without approval
from me, and with total disregard, on to my property.
a. This is clearly in violation to Water Quality Certification No. 3900 that states:
"Installation of culverts in wetlands must ensure continuity of water movement
and be designed to adequately accommodate high water or flood conditions.
Additionally, when roadways, causeways, or other fill projects are constructed
across FEMA-designed floodways, or wetlands, openings such as culverts or
bridges must be provided to maintain the natural hydrology of the system as
well as prevent constriction of the floodway that way result in destabilization of
streams or wetlands."
1. The proposed bridge and bulkhead will create excessive dam walls.
1. On the west side of the two lots the plan shows a wall extending
over 100 feet in length. (bridge plus a proposed 71.5-foot
bulkhead west wall) This dam has the potential of drastically
changing the natural watercourse running from Myrtle Grove
Road to the Waterway.
2. The east side of the bridge would create a "dead" corner, where
it would connect to the north bulkhead wall. That corner would
catch water flow from tidal flooding, storm surge, and storm
water run-off, without an outlet, and become an eye sore facing
my property.
b. On pages 8 of 10, and 10 of 10, of the plans provided, the contractor is
'proposing to handle water flows from tidal flooding, storm surge, and
neighborhood storm water run-off through two culverts running under the

bridge. The plans show that the culverts would open only onto my property (Lot
9) and not onto Lot 8, ATD's property. This would leave me to deal with the
water discharged through the culverts that previously migrated to the waterway
across ATD's property and wetlands, towards the waterway or the swale.
I. Reducing the wetlands and only providing outlets opening to my side
yard will push more water on to my property and create risks of
reduced home value and lesser home enjoyment.
ii. Bridge access should be designed to not impede stormwater runoff,
dam tidal flooding or storm surge, or to create a change to the
watercourse that would funnel excess water on to adjacent properties.
iii. If the builder choses to use culverts, they should empty on to the
builder's lot in such a way as not to damage surrounding properties or
to impede water from tidal flooding, storm surge, or storm water run-
off.
8. 1 object to the construction of a private use dock.
a. The construction of a private use dock is inconsistent with the intent of
neighborhood provided amenities that include a community pool, tennis court,
clubhouse and dock. At the time of purchase, residents, including me, were told
that the 3 waterfront properties, in an agreement with CAMA, obtained
approval for the community dock by relinquishing rights to build private docks.
i. These statements were supported by the fact that the community dock
spans portions of the three waterfront lots within Intracoastal Watch.
This belief entered into my purchase decision.
1. A change would have a detrimental impact to value and
enjoyment of my property.
ii. The community dock has existed for some years and use of the
waterway in front of lot 8 has been well established. Approval of the
dock would not only have a detrimental impact to the value and
enjoyment of my property and but also to.all.property owners in the
Intracoastal Watch community.
1. The construction of such a dock with a large covered section,
positioned behind, existing Intracoastal Watch slips, creates a
navigational hazard for slip owners. Recall a portion of the
neighborhood dock is in front of lot 8.
iii. The construction of a large covered area at the end of the proposed
dock will create,an obstruction to the view of the Intracoastal Waterway
from the existing Intracoastal Watch gazebo.
1. The result will be damage to the property values of the
remaining 18 properties, making up the Intracoastal Watch
Subdivision, and enjoyment of the community,dock and gazebo,
by the property owners.
IRECE i ED
OCT 15 2020

iv. Rather than attempting to squeeze in a private use dock, it is
recommended that the building contractor purchase an existing slip on
the community's dock when available.
Thank you in advance for your thoughtful consideration of my objections to the changes the
building contractor has proposed. Again, I would be happy to discuss my concerns in more detail
with you, at you convince.
Important Background Information Regarding Lot 8 Intracoastal Watch Subdivision
Existing Upland Area — approximately 4,200 square feet —
1. The existing upland area on lot 8 was created when a previous owner, illegally and
without filing for permit, dumped many truckloads of soil on 404 wetlands. The
dumping was stopped by the Army Corp. of Engineers. Working with a number of
agencies, including CAMA, in May 2007 a compromise was reached that left an area of
approximately 4,200 square feet of uplands and placed a portion of the property of
approximately 98 feet X 181 feet under a conservation declaration. (Book 5403, Page
2496)
a. A compromise was reached creating 4,200 square feet of buildable upland.
b. Expanding the upland area to 8,000 square feet seems inconsistent with the
compromise reached regarding the property in 2007.
2. In 2015, ATD Construction required, as a condition of purchase, that the prior owner of
lot 8 obtain a variance, reducing the set -back from 75 feet to 60 feet, as a condition of
purchase. At that time, ATD provided an example of a 2,200 square foot home
positioned on the existing upland. ATD did not disclose an intent to create 4,000 square
feet more upland by dumping fill on 404 wetlands.
a. An exception was granted to reduce the set -back.
b. The purchaser clearly understood the challenges faced to build on the existing
upland. understanding the challenges and limitation to constructing a home on
the property due to the remaining wetlands surrounding the upland area.
3. Upland expansion will change to pattern of water ingress from storm surge and tidal
activity and egress of storm water to the waterway.

MacPherson, Tara
From:
Brian Edes <[e-mail]>
Sent:
Tuesday, October 20, 2020 1:57 PM
To:
MacPherson, Tara
Cc:
Weychert, Curtis R; Goebel, Christine A
Subject:
[External] Fwd: Lot 8, Intracoastal Watch Subdivision - Objections to proposal
Good afternoon Tara,
It has been awhile since I've spoken withyou and I trust all is wellyour way. I just left
you a voicemail concerning the permit application for this property (Lot 8, Intracoastal
Watch Subdivision). I represent Dr. Andrew Simpson who lives adjacent to this lot. I
have just recently been retained and understand that Dr. Simpson received notice of
the application on September 23ra. Oddly enough he says neither he nor his wife
signed for the letter. At any rate, I spoke with Christy Goebel yesterday on another
matter and I mentioned this application to her during our call. Christy suggested that I
contact you and Curt to let you know that I will be lodging objections on behalf of Dr.
Simpson. Based on the email chain below it appears that as of last Thursday this
application was not complete so I am writing to let you know of my involvement and to
request some time past October 23ra to lodge Dr. Simpson's objections. I also left you a
voicemail a few moments ago (sorry- I kind of rambled on in the voicemail).
I'd greatly appreciate your providing me with an update as to the status of this
application as well as your position as to when Dr. Simpson's objections must be lodged
to be deemed timely. To that end I look forward to hearing from you at your earliest
convenience.
Best regards,
Brian Edes
Crossley McIntosh Collier Hanley & Edes, PLLC
----- -- Forwarded message -------
From: Ken Carter <ekc8397Ca1¢mail.com>
Date: Fri, Oct 16, 2020 at 12:39 PM
Subject: RE: [External] Fwd: Lot 8, Intracoastal Watch Subdivision - Objections to proposal
To: MacPherson, Tara <tara.macohersonPncdenr.eov>
Cc: Andy Simpson <[e-mail]>
OCT 2 0 2020

Thank you for your response.
As you can tell from my list of objections, there are serious concerns about how the proposed development of this lot
could harm the neighborhood and surrounding properties.
We hope you will be one of our voices in protecting this coastal area.
Thank you again,
Ken Carter
1636 Sound Watch Drive
Wilmington, NC 28409
N 340 071, W 770 52.5'
EKC8397C&Gmail.com
Cell: [phone]
From: MacPherson, Tara <[e-mail]>
Sent: Thursday, October 15, 20201:48 PM
To: Ken Carter<[e-mail]>
Cc: Weychert, Curtis R <curt.wevchert@ncdenr.¢ov>
Subject: RE: [External] Fwd: Lot 8, Intracoastal Watch Subdivision - Objections to proposal
Hi Mr. Carter, I received your objection and it will become part of the permanent file and will be included with the
application package. The application is not complete at this time so it has not been processed or sent out for review yet.
This is the second submittal for this development. The last submittal went into review and the new permit application
incorporates many suggested agency changes and some re -design. This project was originally sent out for review in

2015. Both the US Army Corps of Engineers and the Division of Water Resources are aware of this project and will be
doing a complete review once the application is complete.
Thank you,
Tara
Tara MacPherson
Wilmington Region District Manager
NC Division of Coastal Management
Department of Environmental Quality
910 796-7266 office
910 395-3964 fax
tara.mawhersonCa)ncdenr oov
127 Cardinal Drive Ext
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Ken Carter [mailto:[e-mail]
Sent: Thursday, October 15, 2020 9:20 AM
To: MacPherson, Tara <tara.macohersonOncdenr.¢ov>
Subject: [External] Fwd: Lot 8, Intracoastal Watch Subdivision - Objections to proposal
OCT 20 ? '�

Sent from my iPhone
Begin forwarded message:
From: Ken Carter <ekc8397@)gmail.com>
Date: October 11, 2020 at 2:03:33 PM EDT
To: [e-mail], [e-mail].
Subject: Lot 8, Intracoastal Watch Subdivision - Objections to proposal
We received an outline of a proposed plan to develop lot 8 in the Intracoastal Watch Subdivision.
As one of the adjacent property owners,) have a number of objections to the radical development plans
proposed. Attached is a list of my concerns explaining how it is believed the plans received could cause
serious damage.
My hope is that you will investigate these objections thoroughly and not issue the permitting the
building contractor is requesting.
After your review, I would be happy to meet with you to discuss these concerns further.
Ken Carter
1636 Sound Watch Drive
Wilmington, NC 28409
N 34" 07'. W 770 52.5'
EKC839702DGmail.com
Cell: [phone]

Andrew W. Simpson,Sr., MD
Fellow, American Academy of Orthopaedic Surgeons
RECEll KED
OCT 2 0 2026

ROY COOPER
Govemor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Mr. Brian E. Edes,
5002 Randall Parkway
Wilmington, NC 28403
Dear Mr. Edes,
NORTH CAROLINA
Environmental Quality
February 11, 2021
This letter is in response to your correspondence, which was received by the Division of Coastal
Management on December 5, 2020, regarding your client's concerns about the proposed
development by Anthony Dombroski III, at 1632 Sound Watch Drive, adjacent to Everett Creek
and the AIW W, New Hanover County. The proposed project consisted of construction of a
single-family residence, driveway culverts, bulkheads and landscape retaining walls with
associated §404 wetland fill, and a private kayak access dock. The proposed project has been
determined to comply with the Rules of the Coastal Resources Commission and as such, a permit
has been issued to authorize the development. I have enclosed a copy of the permit.
If you wish to contest our decision to issue this permit, you may file a request for a Third Party
Appeal. The Chairman of the Coastal Resources Commission will consider each case and
determine whether to grant your request to file for a Contested Case Hearing. The hearing
request must be filed with the Director, Division of Coastal Management, in writing and must be
received within twenty (20) days of the disputed permit decision.
If you wish to object to the actions taken on this permit application, you may request an appeal
of this decision within twenty (20) days of the permit decision. If you would like copies of the
appropriate appeal forms or should you like to discuss the specifics of the process, please feel
free to contact me by telephone at [phone] extension 211, or most preferably, by email at
[e-mail].
CC: WiRO Office
�Si�ncerely,
l/WUwI 4v
Curt Weychert
Assistant Major Permit Coordinator
NIW14 fJS[11N� �i
D.yuWNNNv� �enW pumly
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.8082808

ROY COOPER
coventor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
NORTH CAROLINA
Environmental Quality
February 11, 2021
Mr. Edward K. Carter, Jr.,
1636 Sound Watch Drive, Lot 9, Intracoastal Watch Subdivision
Wilmington, NC 28409
Dear Mr. Carter,
This letter is in response to your correspondence, which was received by the Division of Coastal
Management on October 11, 2020, regarding your concerns about the proposed development by
Anthony Dombroski III, at 1632 Sound Watch Drive, adjacent to Everett Creek and the AIWW,
New Hanover County. The proposed project consisted of construction of a single-family
residence, driveway culverts, bulkheads and landscape retaining walls with associated §404
wetland fill, and a private kayak access dock. The proposed project has been determined to
comply with the Rules of the Coastal Resources Commission and as such, a permit has been
issued to authorize the development. I have enclosed a copy of the permit.
If you wish to contest our decision to issue this permit, you may file a request for a Third Party
Appeal. The Chairman of the Coastal Resources Commission will consider each case and
determine whether to grant your request to file for a Contested Case Hearing. The hearing
request must be filed with the Director, Division of Coastal Management, in writing and must be
received within twenty (20) days of the disputed permit decision.
If you wish to object to the actions taken on this permit application, you may request an appeal
of this decision within twenty (20) days of the permit decision. If you would like copies of the
appropriate appeal forms or should you like to discuss the specifics of the process, please feel
free to contact me by telephone at [phone] extension 211, or most preferably, by email at
[e-mail].
CC: WiRO Office
Sincerely,
4V
Curt Weychert
Assistant Major Permit Coordinator
49 DEQ�
WpaEo.iJNlmY�agN gOYry�
North Carolina Department of Environmental Quality 1 Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.8082808

ROY COOPER
Governor
MICHAEL S. REGAN
Secmmry
BRAXTON DAVIS
Dimcmq Ut anm ofComail
Management
November 9, 2020
MEMORANDUM.
FROM Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.wevchert(cDNCDEN R.aov
SUBJECT CAMA/Dredge & Fill
Applicant: ADT Construction c/o Anthony Dombroski
Project Location: 1632 Sound Watch Dr., adjacent to Myrtle Grove Sound/AIWW in Wilmington, New
Hanover County
Proposed Project: Proposal to construct a single family residence, driveway culverts, bulkheads and
landscape retaining walls with associated 404 wetland rill and a private pier with kayak
dock.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by December 3, 2020. If you have any questions
regarding the proposed project, contact Tara MacPherson at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
PRINT NAME
AGENCY
Mlelk/t\][11I 7
DATE
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.
State of North Caroline I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Anthony Dombroski c/o ATD Construction
2. LOCATION OF PROJECT SITE: 1632 Soundwatch Drive (Lot #8), adjacent to Everett Creek/AIW W and
Myrtle Grove Sound, New Hanover County.
Latitude: 34008'54.79897"N Longitude: 77051'40.10015"W
3. INVESTIGATION TYPE: CAMA & D & F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 7/2/20
Was Applicant Present — Yes
5. PROCESSING PROCEDURE: Application Received—9/21/20 Complete- 10/28/20
6. SITE DESCRIPTION: Office— Wilmington
(A) Local Land Use Plan - New Hanover County
Land Classification From LUP - Resource Protection
(B) AEC(s) Involved: PT, EW, CW, ORW ES
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing —Municipal
Planned — None
(F) Type of Structures: Existing - Vacant lot
Planned - New residential dwelling, retaining wall, driveway and private docking
facility
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DR F1 nRFi Fir r Frl nmv o
(A) Vegetated Wetlands (§ 404 wetlands and
3,993 sq. ft.
480 sq. ft.
coastal wetlands)
(§ 404)
(shading CW)
(B) Non -Vegetated Wetlands
2,405 sq. ft.
(Open water)
(C) Other (High Ground)
4,000 sq. ft.
(D) Total Area Disturbed: 10.831 sq. ft. (025 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA-ORW Open: No
8. PROJECT SUMMARY: The applicant proposes to construct a single-family residence, driveway culverts,
bulkheads and landscape retaining walls with associated §404 wetland fill and a private pier with kayak dock.

Anthony Dombroski c/o ATD Construction
Page 2
9. PROJECT DESCRIPTION:
The applicant's property is located at 1632 Soundwatch Drive, lot #8, Intracoastal Watch Subdivision in New Hanover
County. The proposed project is adjacent to Myrtle Grove Sound/AIWW. To find the property travel south from
Wilmington on South College Road (NC 132) to the intersection of South College, Carolina Beach Road (NC 421) and
Piner Road. This intersection is known locally as Monkey Junction. Turn left onto Piner Road and travel
approximately one mile to the stop sign at Myrtle Grove Road. Turn right onto Myrtle Grove Road and travel
approximately one mile to Soundwatch Drive on the left. The property is located at the end of the cul-de-sac on Sound
Watch Drive.
The property is a vacant residential lot approximately one acre in size. The lot is relatively flat and has an average
elevation of approximately 6' above normal high water (NHW). There is an area of the highground located on the
eastern end of the lot, which was filled by the previous owner (C. Speaks). Several areas of §404 Wetlands extend into
the property, which includes a freshwater pond on the most western end of the property. There are no existing
structures on the applicant's lot. State Stormwater Management PermitNo. S W8 960623 was issued on July 26,1996
for the Intracoastal Watch Subdivision limiting the built upon area of each lot to 4,300 sq. ft. The State Stone water
permit also indicates that Filling in or piping of any vegetative conveyances (ditches, swales etc.) associated with the
development except for average driveway crossings; is strictly prohibited.
The lot has approximately 140' of shoreline along Myrtle Grove Sound and the Atlantic Intracoastal Waterway. This
embayment measures approximately 1,500' wide and the property is approximately 970' from the edge ofthe federally
maintained channel setback of the AIW W. Previous spot elevations within this embayment conducted during the
Intracoastal Watch community pier permit application process indicate water depths across the embayment average less
than -0.5' at mean lower low water (MLLW). Section 404 wetlands exist on the parcel and a formal Jurisdictional
Determine was conducted on 11/2/07 by Jennifer Frye with the USACE. This J/D expired onl 1/2/12. Along the
applicant's shoreline is a border of coastal wetlands averaging approximately 80' in width. The upper portion of the
coastal wetland border, as it transitions from highground, is vegetated primarily with, Salt -meadow Grass (Spartina
patens), and several shrub species, including: Southern Wax Myrtle (Myrica cerijera) and Yaupon Holly (Ilex
vomitoria). Moving waterward, the gradual drop in elevation for the next 50, allows Black Needlerush (Juncus
roemerianus) to become the dominate species. Still waterward of the Black Needlerush there is a slightly higher shell
bank which is vegetated with Spike Grass (Distichlis spicata). Beyond the shell bank there is an approximately IS'
wide border of Smooth Cordgrass (Spartina alternj7ora) adjacent to the open water embayment.
Within the Intracoastal Watch Subdivision there are three waterfront lots which border Myrtle Grove Sound. The
applicant's property, Lot 8, is the southern most of these lots. An existing 10 slip community exists between Lots 9 and
10. This structure was authorized to Daclar, Inc. under CAMA Major Permit No. 105-98 on July 31,1998 and through
a Special Use Permit (S-429) from New Hanover County on July 13, 1998. There are existing private piers located to
the north and to the south of Intracoastal Watch Subdivision along the same shoreline. The property directly to the
south of the applicant's property, a single family residential property, which currently has a private docking facility
authorized under CAMA General Permit No. 36943-D on March 9, 2004. Based on the previously provided riparian
survey, the existing water depth between the two existing docking facilities was approximately -1.0' @ normal low
water (NLW). These depths appear to be consistent with current water depths.
The establishment of the areas of riparian access were done by using the surveyed center point (Coordinates: X:
2341200, Y:134940) for the mouth of the embayment of Everett Creek and extending radial lines from this point to the
property boundaries. The community pier, as constructed, appears to encroach into the applicant's area of riparian
access (see Sheet 6 and 7 of 10). An objection has been received by the adjacent riparian property owner of lot 9
declaring that under that CAMA Major Permit the all three waterfront properties relinquished rights to build private
docks. This information was not found in either the permit or deed and it is unclear whether CAMA Major Permit 105-
98 was issued under such conditions,
The City of Wilmington and New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and
the adjacent high ground portion of the project area as Resource Protection. In the project area, the waters of Myrtle
Grove Sound are classified as SA-ORW by the NC Division of Water Resources, and they are CLOSED to the harvest

Anthony Dombroski c/o ATD Construction
Page 3
of shellfish. These waters are designated as a Primary Nursery Area (PNA), by the NC Division of Marine .
Fisheries. The application includes a variance that was granted by New Hanover County (NHC) (Case No. ZBA-
886) on October 20, 2014 to encroach into the NHC 75' Conservation Overlay District (COD) and a 404 Water
Quality Certification (07-1979v2) dated January 11, 2015. Please note that due to design change these
documents do not address the current development proposal and footprint.
PROPOSED PROJECT:
The applicant proposes to construct a single-family residence, driveway, culverts, bulkheads and landscape retaining
walls with associated §404 wetland fill and a private pier with kayak dock. High ground development on the tract
includes the construction of a single-family residence with a footprint of —50' in length by -44' in width with
associated covered and uncovered porches. Approximately 250liner ft. of landscape retaining walUand 182liner It. of
bulkhead is proposed around the footprint of the house and the 14 ft. wide by 47 ft. long concrete parking area to
contain the upland and filled areas from the Section 404 Welland Areas (see Sheet 4 of 10) An approximately 35 ft.
long and 12-19ft. wide concrete driveway is proposed with two 14 ft. long by IT' wide culverts with bulkheads on both
sides within the existing access easement (see Sheet 8 and 10 of 10). The application states the proposed driveway,
parking area, timber retaining walls and portions of the building footprint would incorporate approximately 3,996 sq. ft.
of jurisdictional § 404 wetlands. The driveway to access the lot would be located within an existing access easement on
lot #9. All proposed upland development is located within the 575' Area of Environmental Concern (AEC).
According to the application package, approximately 3,946 sq. ft. (10.4%) of impervious surface would cover the
property. All proposed upland development would be located landward of the Coastal Shoreline 30' Buffer. The
application states that the wastewater would tie into the existing sewer system located on the western portion of the
property, which is serviced through the Cape Fear Public Utility Authority (CFPUA).
The applicant is also proposing to construct a private docking facility north of Everett creek into the waters of Myrtle
Grove Sound/AIW W. An access pier, measuring approximately 443' in length by 6' in width would extend towards
the sound. This pier would extend approximately 240' below NHW. The access pier would lead into a fixed covered
platform, measuring approximately 23' in length by 20' in width. An additional uncovered fixed platform would
extend water ward of the gazebo approximately 18 ft. and would be triangular in shape with a maximum width of 17 ft
reducing down to 8 ft. in width this would transition into an additional fixed triangular kayak dock extending another
12 ft. with a maximum width of 8 ft. tapering down to 1 ft. at the terminal end. According to the applicant, the small
fixed triangular docks will be able to be lowered to allow for loading and unloading of canoes and kayaks. The
application states that existing water depth in the vicinity of the proposed docking facility would range from
approximately -0.5' to -1.0' @ NLW. As proposed and per the riparian survey, the proposed docking facility would be
located within the established pier length, within'/ of the width of the waterbody and within the applicant's area of
riparian access and would not encroach into the adjacent 15' riparian corridor setback arearequirement. No formalized
slips are proposed. Written objections have been received from both adjacent property owners and are included in the
application package.
10. ANTICIPATED IMPACTS:
The proposed upland development activities would result in the disturbance of approximately 4,000 sq. ft. of high
ground and approximately 3,993 sq. ff, of § 404 wetland fill (0.09 acres) for the construction of the single-family
residence, associated driveway/parking area with landscape retaining walls and bulkheads. All proposed upland
development would be located landward of the Coastal Shoreline 30' Buffer. According to the application package,
approximately 3,946 sq. ft. (10.4%) of impervious surface would cover the property, which is entirely within the 575'
AEC.
The proposed access pier would shade approximately 480 sq. ft. of coastal wetlands and § 404 wetlands and would
incorporate approximately 2,405 sq. ft. of Public Trust Area and Estuarine Waters. The proposed docking structure
would extend approximately 240 ft. into a waterbody whose width is approximately 1,440 ft. across, the proposed
structures would not extend beyond''/a of the width of the waterbody. As proposed, the applicant's proposal would not
encroach into the 80' federal setback requirement from the AIW W channel. Based on the provided riparian survey, the

Anthony Dombrosld c/o ATD Construction
Page 4
proposed structures would not encroach into either adjacent 15-foot Riparian Corridor Setback Area. The proposed
structures would allow kayak access only in water depths of approximately -0.5, to -1.0, at NLW. Minor increases in
turbidity should be expected during construction; however, no long term impacts are anticipated.
Submitted by: Tara MacPherson Date: 11/3/20 Office. Wilmington

EA-FD
ATD CONSTRUCTION COMPANY, INC.
Established 1971
Building Contractor
Phone [phone]
September 18, 2020
Re:
1632 Sound Watch Dr.
Wilmington NC, 28409
Project Narrative:
To whom it may concern:
2900 Middle Sound Loop Road
Wilmington, N.C. 28411
Unlimited License 14509
RECEIVED
SEP 21 2020
DCM WILMINGTON, NC
On the above referenced lot, we propose to use the 4,000 sqft of existing uplands in
conjunction with 3.996 sqft of 404 Wetlands to create approximately 8,000 sqft of upland
area. Our intention is to construct a three-story single-family residence on the lot. The
building footprint for the house will be 2200 square feet with 642 Square feet for the �" covered decks and 308 Sgft of porch.
w
To create a defining line between the lowlands and uplands we are going to installrsmall
landscaping wood retaining wall with a max height of 3'-0". This wall will surround the
8,000 square feet of uplands area and 509 square feet of driveway located in the driveway
easement.
We also propose to construct a private dock extending from the house to the pier line as
shown in the attached drawings. The dock will have a stationary area and a lower dock
area for loading and unloading of kayaks and paddle boards. The dock will be
constructed in the above referenced lots riparian corridor using the convergent point
provided by Sherwin D. Cribb PLS per NAD 83 with coordinates N 134949, E 2341200.

Please contact Tara MacPherson with the North Carolina Department of Environmental
and Natural Resources with any concerns or questions. Her contact information is the
following:
Tara MacPherson, Field Representative
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
Email robb.mairs@ncdem.¢ov
Phone [phone]
Fax [phone]
Sincerely,
A.rJ euyT. �a"c6�as www
Rudy Dombroski
ATD Construction
RECEIVED
Str 2 3 LOZI,
DCM WILMINGTON, NC

9CM MP-1
APPLICATION for r..
Major Development Permit
(last revised 12i27106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
ATD Constuctlon
Project Name (if applicable)
1632 Sound Watch
Applicant 1: First Name
Anthony
MI
T.
Last Name
Dombroski III
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
2900 Middle Sound Loop Road
PO Box
City
Wilmington
State
NC
ZIP
28411
Country
New Hanover
Phone No.
910-620-3263 ext.
FAX No.
910-338-3232
Street Address (d dilfemnt !horn above)
City
State
ZIP
Email
[e-mail]
2. Agent/Contractor imbrmadon
Business Name
Aid Construction
Agent/ Contractor 1: First Name
MI
Last Name
Anthony
T
Dombroski III
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
2900 Middle Sound Loop Road
Wilmington
INC
ZIP
Phone No. 1
Phone No. 2
28411
910 - 620 - 3263 ext.
_ _ ext.
FAX No.
Contractor C
910 338 3232
NC LICENSE 14509
Street Address (if different from above)
City
State ZIP
Email
RECEIVED
[e-mail]
<Form continues on back> SEP 2�1 2020
DCM WILMINGTON, NC
252-808-2808 :: 1.880-4RCOAST :: www.nccoastalmanagement. net

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3.. Project Location' -
County (can be multiple)
Street Address
State Rd. #
New Hanover
1632 Sound Watch Drive
Subdivision Name
City
State
Zip
Intracoastal Watch
Masonboro Township
NC
28409 -
Phone No.
Lot No.(s) (if many, attach additional page with list)
910 - 620 - 3263 ext.
Lot 8, 1 1 ,
a. In which NC river basin is the project lomled?
b. Name of body of water nearest to proposed project
Cape Fear
Myrtle Grove Sound
c. Is the water body Identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
ONatural ❑Manmade ❑Unknown
Myrtle Grove 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.
& Site Description, `
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
148.67'
41,642 scift
C. Size of individual lots)
d. Approximate elevation of tract above NHW (normal high water) or
NWL (normal waterlevel)
(If many lot sizes, please attach additonal page with a list)
6'-0" ®NHW or ❑NWL
e. Vegetation on tract
Wild Grass, 404 Wetlands, Coastal Wetlands, and Live Oaks
f. Man-made features and uses now on tract
None
g. Identify and describe the existing land uses ad'acen to the proposed project site.
Single Family Residences
h. How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
R-15
(Attach zoning compliance certificate, if 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 ®r13�VED
National Register listed or eligible property?
<Form continues on next page> SEP 2 1 2020
DCM WILMINGTON, NC
252.808.2808 :: 11-888-4RCOAST :: www.nccoastaimanagement. net

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development.Permit
m. (i) Are there wetlands on the site? ®Yes ❑No
III) Are there coastal wetlands on the site? ®Yes ❑No
(III) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
City Water and Sewer
o. Describe existing drinking water supply source.
City Water
P. Describe existing storm water management or treatment systems.
Natural water flow off of the lot
5. Activities and impacts
a. Will the project be for commercial, public, or private use? ❑Commercial ❑Publi&Government
®Private/Community,
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Single Family Residence with a Dock for Boating
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.
Wood construction single family residence built in accordance with all VE zone requirements
d. List all development activities you propose.
Construction of a single family residence with a small retaining wall dividing' the wetlands from the uplands. We plan to install
a small landscaping retaining wall around the area designated as uplands and the 404 wetlands that are approved. Fill will be
brought in behind the retaining wall. Fill will be used to fill in only area within landscaping retaining wall and is being brought
in to establish a building pad with proper drainage. Proposing private pier and kayak access.
e. Are the proposed activities maintenance of an existing project, new work, or both?
New Work
f. What is the approximate total disturbed land area resulting from the proposed project? ESq.Ft or ❑Actes
Existing uplands= 4000 Sqft. Wetlands = 3,993 Sgft .
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No DNA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
None
1. Will wastewater orstormwaterbe discharged into a wetland? ❑Yes ®No DNA
If yes, will this discharged water be of the same salinity as the receiving water? ®Yes ❑No ❑NA
j. Is there any mitigation proposed? ❑Yes ®No [-
]'NA -If yes, attach a mitigation proposal. RECEIVED
<Form continues on back> SEP 2 j 2VIR
D
252.800-280B :: 11-888.411COAST :: www. nccoastalmanagoment. 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
package to be complete. items (a) — (i) are always applicable to any major development application. Please consult the application
instruction booklet on how to property prepare therequired items below.
a. A project narrative. -
b. An accurate, dated work plat (including 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 site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. 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.
Name Edward & Constance Carter - Phone No. 440-785-8397
Address 1638 Soundwatcli Drive, Wilmington NC, 28409 _
Name Andrew & Kimberly Simpson Phone No.
Address 6325 Myrtle Grove Road, Wilmington NC, 28409
Name Intracoastal Watch HOA, Inc .Phone No. 910512-7488
Address 2013 Olde.Regen Way, Suite 150, PMB 196. Leland, NC 28451'
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
State Permit 117-02 (Grey)
h. Signed consultant or agent authorization form,if applicable.
I. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Polio Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. 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 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.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 09/11/2020 Print Name Anthony T. Dombroski III
Signature .��� Z?61M.6'4.13k446: aaa
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 _
SEP 2 T 2020
DCM WILMINGTON, NC
252-808-2808 :: 11-888.4RCOAST :; www.nccoastalmanagernent.net

Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for LAMA 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
-
Wetlands
Depth
NA
NA
Only
Final Project
Depth
NA
NA
1. EXCAVATION
a. Amount of material to be excavated from below NHW or NWL in
cubic yards.
None
c. () Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAX), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ❑None
(if) Describe the purpose of the excavation in these areas:
None
2. DISPOSAL OF EXCAVATE_ D MATERIAL
a. Location of disposal area.
None
c. (I) Do you claim title to disposal area?
[]Yes ❑No NNA
(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:
None
b.
None
®This section not applicable
d. High -ground excavation In cubic yards.
None
b.
None
area.
®This section not applicable
d. (i) Will a disposal area be available for future maintenance?
❑Yes ❑No NNA
(if) If yes, where?
f. (1) Does the disposal include any area in the water?
[]Yes ❑No NNA
(i) If yes, how much water area is affected?
RECEIVED
SEP 21 2020
DCM WILMINGTON, INC
252-808.2808 :: 1-888-4RCOAST :: www.necoastalmonaaement.net revised: 12126/06

Form DCM MP-2 (Excavation and Fill, Page 2 of 3)
3. SHORELINE STABILIZATION [I This section not applicable
(If development is a wood groin, use MP-4 — Structures)
a. Type of shoreline stabilization: r, r e..,.....-
®Bulkhead ❑Riprap ❑Breakwater/Sill []Other: _
c. Average distance waterward of NHW or NWL: 0'-0" New Retaining
wall would be located above normal high water landward of coastal
wetlands.
e. Type of stabilization material:
Wood Retaining Well
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill 0 Riprap 0
Breakwater/Sill 0 Other 0
I. Source of fill material.
Upland Fill
Width: 0'-8"
d. Maximum distance waterward of NHW or NWL: 0'-0"
i. (i) Has there been shoreline erosion during preceding 12
months?
❑Yes ®No ❑NA
(11) If yes, state amount of erosion and source of erosion amount
information.
It. Type of fill material.
Clean Sand
4. OTHER FILL ACTIVITIES El This section not applicable
(Excluding Shoreline Stabilization)
a. (I) Will fill material be brought to the site? ®Yes []No []NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW).
if yes,
suomergea aquatic vegetation (SAV), shell bottom (SB), or
() 11 Amount of material to be placed in the water 0
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
(iv) Dimensions of fill area 4000 ft. Approximate upland 95'-0" x 42'-0" ❑CW ❑SAV ❑SB
(iv) Purpose of fill
create a building pad and a separation between the
_ _ _
®WL 3993 []None
uplands and the wetlands. None of retaining wall will be
the
(II) Describe the purpose of the fill in these areas:
The retaining wall
near water line and will not exceed 2'-4" in height. This
will only surround the upland areas and
retaining wall will be only for surrounding the existing and
create a separation between the uplands and the wetlands.
new uplands.
It will not be used for water relainage or separation from the
waterline. It is an attempt to establish a building pad and
Preserve the wetlands and not allow the yard to expand into
the wetlands.
Wetlands area will be two areas in the building pad. Inside the bultllnp patl 71d-0"1r20-(Y' and
5. GENERAL
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,
controlled? backhoe, or hydraulic dredge)?
A silt fence will be installed around all affected areas. Small Tractors
C. (1) Will navigational aids be required as a result of the project?
[]Yes []No ®NA
(it) If yes, explain what type and how they will be implemented.
d. (i) Will wetlands be crossed In transporting equipment to project
sae? 1--]Yes ®No ❑NA
(it) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
09/11/20 1632 Sound Watch
leru:..
Project Name
DCM WILMINGTON N
252-808-28D8 :: 1.888-4RCOA5T :: www.nccoastalmoriLm ment.net revised: 12/26/06

FoYRI DCM MP-2 (Excavation and Fill, Page 3 of 3)
8nth6ny.T. Domb%ski III
Applicant Name
Applicant Sigil9ture '
RECEIVED
SEP 912920
DCM WILMINGTON, NC
109-cua.c8ue :: 9.888.4RCOAST n www.nccoastalmanagement.net revised: 12126/06

Form DCM MP-3
UPLAND DEVELOPMENT
(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.
UPLAND
a. Type and number of buildings, facilities, units or structures proposed.
One Single Family Residence 44'-0"x 50'-0" / Front Porch 8'-0" x
44'-0" /Back Porch 44'-0" z 1T-0" with I U-0" x 29'-0" Covered
C. Density (give the number of residential units and the units per
acre).
1 Residence
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land -disturbing
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
be covered by impervious and/or built -upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
10.4% Impervious
I. Give the percentage of the entire tract to be covered by impervious
and/or built -upon surfaces, such as pavement, building, rooftops,
or to.be used for vehicular driveways or parking.
10.4°/n Impervious
j. Describe proposed method of sewage disposal.
City Water and Sewer (CFPUA)
I. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industriall
commercial effluent,'Wash down" and residential discharges).
N/A
b. Number of lots or parcels.
One Lot
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
4000 Sqft.
I. List the materials (such as marl, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
Concrete Drive Way and Slab Beneath the House only
h. Projects that require a CAMA Major Development Permit may also
require a Stormwater Certification.
() Has a site development plan been submitted to the Division of
Water Quality for review?
®Yes ❑No ❑PIA
(i) If yes, list the date submitted: _SWB# 960623
Intracoastal Watch Subdivision
k. Have the facilities described in Item (1) received state or local
approval?
Dyes ®No ❑NA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative stormwater
design?
❑Yes ®No ❑NA
If yes, attach appropriate documentation.
RECEIVED
SEP 21 2020
DCM WILMINGTON, NC
252-808-28082:: 1.88E-4RCOAST :: www.nccoastafmanaaement net revised: 12/26/06

Form DCM MP-3 (Upland Development, page 2 of 2)
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
CFPUA Water
o. When was the lot(s) platted and recorded?
09/1112020
Date
1632 Sound Watch Drive,
Project Name
Anthony-T. Dombrosid III
Applicant Name
Applicant Si ature
n. (i) Will water be impounded? []Yes ®No ❑NA
(I) It yes, how many acres?
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
[]Yes ❑No ®NA
RECEIVED
SEP %1 ZOZO
DCM WILMINGTON, NC
252.808-2808 :: 1.888-4RCOAST :: www.nccoastalmanaeement.net
revised: 12/26/06

Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
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.
9. DOCKING'FACILITY/MARINA CHARACTER1sT1Cs ❑This section not applicable
a. () Is the docking facility/marina: _ b. (i) Will the facility be open to the general public?
[]Commercial ❑PubliciGovernment NPrivatetCommunity ❑Yes NNo
c. (i) Dock(s) and/or piers) d. (i) Are Finger Piers included? []Yes NNo
(11) Number 1 If yes:
(iii) Length 272'-0" Distance From Prdoerty line at Water (it) Number
443'-0" From House (iii) Length
(iv) Width 6=0" (Iv) Width _
(v) Floating ❑Yes NNo (v) Floating ❑Yes []No
e. (i) Are Platforms ®Yes []No
includetl?If yes:
(ii) Number 1 2
(iii) Length 23' 30.5'
(iv) Width 20' 17'
(v) Floating ❑Yes NNo
Note: Roofed areas are calculated from drfpline dimensions.
g. (I) Number of slips proposed
0
(ii) Number of slips existing
0
i. Check the proposed type of siting:
❑ Land cut and access channel
[]Open water; dredging for basin and/or channel
NOpen water, no dredging required
pother: please describe:
k. Typical boat length: N/A
M. (i) Will the facility have tie pilings?
❑Yes NNo
(It) If yes number of tie pilings?
i. (1) Are Boatifts included? ❑Yes NNo
If yes:
(ii) Number
(iii) Length
(iv) Width
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage ( wet slips") only, number of slips:
❑ Dry storage; number of boats: _
❑ Boat ramp(s); number of boat ramps:
N Other, please describe:
Kayak launch/steodoian
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
Kayaks/Canoes
I. (1) Will the facility be open to the gener�Euublir,
❑Yes NNo ctIVED
SEP 21 2020
DCM WILMINGTON, NC
252-808-2808 :: 1.888-4RCOAST :: www.riccOaStAlimanagennent.net revised: 12/27/06

-Form DCM MP-4 (structures, Page 2 of 4)
2. DOCKING FACILITY/MARINA.OPERATIONS , - - ®This section not applicab
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.
None
c. Describe the disposal of solid waste, fish offal and trash.
None
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 marmaldocking facility proposed within a primary or secondary nursery area? SEP $:1 -2020
®Yes ONO
DCM WILMINGTON, NC
252.80E-2808 :: 1-BBB-4RCOAST :: www.nccoastalmanaooment not revised: 12/27/06

- Form DCNI NIP-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 marina/docking 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
❑WL _ NNone
P. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes NNo
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) NThis section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑Public/Govemment ❑Private/Community
(ii) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dripline dimensions.
A GROIN (e.g., wood, sheelpfle, etc. If a rock groin; use MP-2„ Excavation and Fill.) ' NThis section not applicable
a. (1) Number
(it) Length
(III) Width
1.5.. BREAKWATER (e.g., wood, sheelpfle, etc.) NThis section not'applicable
a. Length _ b. Average distance from NHW, NWL, or we0ands
C. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS NThis section not applicable
a. Is the structure(s): b. Number _
❑Commercial ❑Public/Government ❑Private/Community
c. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.)
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
7. GENERAL --RECEIVED-
_ SEP 2,1 2020.. _
DCM WILMINGTON, NC
252.808.2808 :: 1.8884RCOAST :: www.ncconstalmanaoement net revised: 12/27/06

- Form DCM MP-4 (Structures, Page 4 of 4)
a. Proximity of structure(s) to adjacent riparian property lines
15'4' to South Riparian / 39'-0" to the North Riparian
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
1440'
e. (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.
b. Proximity of structure(s) to adacent docking facilities.
42'-0" To Southern Dock 40'3" To Northern Doc
d. Water depth at waterward end of structure at NLW or NWL
0.5 to 0.9 Feet at Normal Low Water
8. OTHER ❑This section not applicable
a. Give complete description:
The pier to the property line located on the water side of the lot will be approximately 171'-0" from the house depending on the
final house location. From that point the pier will be 271'-07" to the end of the dock. The dock will be a 23'-0"x2D'-0"
covered dock with an 18'-5" long triangle dock that starts at 17'-0" and reduces down to 8'-0". There will also be a 12'-0"
long triangle dock that starts at 8'-0" wide and reduces to 1 LY at the end of the dock. This smaller triangle dock will be
lowered to allow loading and unloading of canoes and kayaks.
09/11/20
Date
1632 Sound Watch
Project Name
Anthony T. Dombroski III
Applicant Name
Applicant SIgKature
RECEIVED
SEP 21 2020
DCM WILMINGTON, NC
252-808-2808 n 7.888.4RCOAST :: www.ncconstnlmnnagenient.net revised: 12127/06

Form DCM MP-5
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.
i. BRIDGES ❑This section not applicable
a. is me proposed bridge:
❑Commercial ❑Public/Government ®Private/Community
c. Type of bridge (construction material):
e. (i) Will proposed bridge replace an existing bridge? ❑Yes []No
If yes,
(ii) Length of existing bridge:
(lit) Width of existing bridge:
(iv) Navigation clearance underneath existing bridge:
(v) Will all, or a part of, the existing bridge be removed?
(Explain)
9. Length of proposed bridge:
i. Will the proposed bridge affect existing water flow? ❑Yes []No
If yes, explain: I
x. Navigation clearance underneath proposed bridge:
M. Will the proposed bridge cross wetlands containing no navigable
waters? ❑Yes []No
yes, explain:
b. Water body to be crossed by bridge:
d. Water depth at the proposed crossing at NLW or NWL:
f. (I) Will proposed bridge replace an existing culvert? ❑Yes ❑No
If yes,
(it) Length ofexisting culvert:
(III) Width of existing culvert:
(Iv) Height of the top of the existing culvert above the NHW or
NWL:
(v) Will all, or a part of, the existing culvert be removed?
(Explain)
h. Width of proposed bridge:
J. Will the proposed bridge affect navigation by reducing or
increasing the existing navigable opening? []Yes []No
If yes, explain:
I. Have you contacted the U.S. Coast Guard concerning their
approval? ❑Yes ®No
yes, explain:
n. Height of proposed bridge above wetlands:
2. CULVERTS
El. This section not applicable
rvurnoer or cuwens proposed: z b. Water body In which the culvert is to be placed:
N/A RECEIVED
SEP 2 1 207q
DCM WIL
252-808-2808 :: 1-888-.4RCOAST :: www.nccoastallmanagiement.net revised: 10126/06

' Foram ®CM MP-5 (Bridges and Culverts, Page 2 of 4)
< Form continues on back>
c. Type of culvert (construction material):
(2) 12" Reinforced Concrete Pipes.
d. (I) Will proposed culvert replace an existing bridge?
❑Yes E]No
If yes,
(it) Length of existing bridge: _
(!it) Width of existing bridge:
(iv) Navigation clearance underneath existing bridge:
(v) Will all, or a part of, the existing bridge be removed?
(Explain)
f• Length of proposed culvert: 14'-0"
h. Height of the top of the proposed culvert above the NHW or NWL.
4.8' Above NHW
J. Will the proposed culvert effect navigation by reducing or
increasing the existing navigable opening? ❑Yes ®No
If yes, explain:
e. (I) Will proposed culvert replace an existing culvert?
[]Yes ®No
If yes,
(ii) Length of existing culvert(s):
(!it) Width of existing culvert(s):
(tv) Height of the top of the existing culvert above the NHW or
NWL: _
(v) Will all, or a part of, the existing culvert be removed?
(Explain)
9• Width of proposed culvert: 1'-0"
I. Depth of culvert to be burled below existing bottom contour.
0'-1"
k. Will the proposed culvert affect existing water flow?
❑Yes ®No
If yes, explain:
3. EXCAVATION and FILL ❑This section not applicable
a. (I) Will the placement of the proposed bridge or culvert require any
excavation below the NHW or NWL? Dyes ❑No
If yes,
(11) Avg. length of area to be excavated:
(III) Avg. width of area to be excavated:
(iv) Avg. depth ofarea to be excavated: _
(v) Amount of material to be excavated in cubic yards:
C. (1) Will the placement of the proposed bridge or culvert require any
high -ground excavation? ❑Yes []No
If yes,
(ii) Avg. length of area to be excavated: _
(iii) Avg. width of area to be excavated:
(iv) Avg. depth of area to be excavated: _
(v) Amount of material to be excavated In cubic yards:
b. (1) Will the placement of the proposed bridge or culvert require any
excavation within 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
(it) Describe the purpose of the excavation in these areas:
RECEIVED
SEP 9:11 2020
DCM WILMINGTON, NC
252-808.2808 -: 11-888.4RCOAST n www.nccoastalmanaaement.not
revised: 10126108

Forwi DCM MP-5 (Bridges and Culverts, Page 3 of 4)
d. If the placement of the bridge or culvert involves any excavation, please complete the following:
(1) Location of the spoil disposal area:
(it) Dimensions of the spoil disposal area: _
(iii) Do you claim title to the disposal area? ❑Yes ❑No (If no, attach a letter granting permission from the owner.)
(iv) Will the disposal area be available for future maintenance? []Yes []No,
(v) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAVs), other wetlands (WL), or shell
bottom (SB)?
❑CW ❑SAV ❑WL ❑SB []None
If any boxes are checked, give dimensions If different from (il) above.
(vi) Does the disposal area include any area below the NHW or NWL? ? ❑Yes ❑No
If yes, give dimensions if different from (if) above.
e. (I) WIII the placement of the proposed bridge or culvert result in any
fill (other than excavated material described in Item d above) to
be placed below NHW or NWL? ❑Yes []No
If yes.
IF) Avg. length of area to be filled:
(III) Avg. width of area to be filled:
(iv) Purpose of fill:
f. (i) Will the placement of the proposed bddge or culvert result in any
fill (other than excavated material described in Item d above) to
be placed within 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
❑WL ❑None
(11) Describe the purpose of the excavation in these areas:
g. (i) Will the placement of the proposed bridge or culvert result in any
fill (other than excavated material described in Item d above) to
be placed on high -ground? ❑Yes []No
If yes,.
(ii) Avg. length of area to be filled: _
(iii) Avg. width of area to be filled:
(iv) Purpose of fill:
a. Will the proposed project require the relocation of any existing b. Will the proposed project require the construction of any temporary
utility lines? []Yes ®No detour structures? ❑ Yea No
If yes, explain: If yes, explain:
If this portion of the pmposed project has already received
approval from local authorities, please attach a copy of the
approval or certification.
RECEIVED
< Form continues on back> SEP 2'J -2020
DCM WILMIN.GTON, NC
252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanauement.net revised: 10/26/06

Forli1 DCM MP-5 (Bridges and Culverts, Page 4 of 4)
c. Will the proposed project require any work channels?
[]Yes ®No
if yes, complete Form DCM-MP-2.
e. What type of construction equipment will be used (for example,
dragline, backhoe, or hydraulic dredge)?
Backhoe
d. How will excavated or fill material be kept on site and erosion
controlled?
Sill fences will be placed around the perimeter and work
will a completed -be indthe landscaping wall is complete,
,f. Will wetlands be crossed in transporting equipment to project site?
[]Yes ®No
If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
g. Will the placement of the proposed bridge or culvert require any shoreline stabilization?
®No []Yes
If yes, complete form MP-2, Section 3 for Shoreline
Stabilization only.
09/1112020
Date
1632 Soundwatch Drive, Wilmington, NC
Project Name
Anthony T. Dombroski III
Applicant Name
Applicant Sign re ..
RECEIVED
SEP 2.:1 2020
DCM WILMINGTON, NC
252-808-2808 :: 1.888.4RCOAST :: www.nccoastalmanaaement.net revised: 10126/06

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Orrector
ADT Construction
c/o Rudy Dombrowski III
2900 Middle Sound Loop
Wilmington, NC 28411
Dear Mr. Dombrowski:
NORTH CAROLINA
Envirnnm 1uWQuuft
November3, 2020
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for State
approval for development of the subject property located at 1632 Sound Watch Drive adjacent to Myrtle Grove Sound
and the AIWW, in Wilmington, New Hanover County. It was received as complete on October 28, 2020 and appears
to be adequate for processing at this time. The projected deadline for making a decision is January 11, 2020. 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 October 29, 2020 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 mad fight -of -way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
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 me if you have any questions and notify me in writing if you wish to receive
a copy of my field report and/or comments from reviewing agencies.
Sincerely.
Tara MacPherson
District Manager
cc: WiRo
Robb Mairs, DWR
Curt Weychert, DCM
Linda Painter, LPO
D. Q�
USACE
North Carolina Department orEnvhonmentai QuaUty I DivisionorCoasWManagement
Wlmingtun Ornce 1127 Cardinal DriveEmnslon I W4min9ton,N0rth Carorina28405
910.796.7215

CAMA PERMIT
APPLIED FOR
Applicant p
to construct a single family
LT171
Everett Creek, Wilmington, New Hanover County.
COMMENTS ACCEPTED THROUGH December 4, 2020
APPLICANT:
ATD Construction
a/c Anthony Dombroski III
MiddleZVUU SOUnd COOPoa
WIImloaton,NC MU!
[phone]
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
NIC Div. oir Coastal Management
127 Cardinal Dr. Ext.
1 �l

0
NORTH CAROLINA
rni, u,i,"n.,l 1urLn
November 10, 2020
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Minor Public Notice:
• Anthony Dombrosld III / New Hanover County
ROY COOPER
00'vmnr
MICHAEL S. REGAN
. eCmlan
BRAXTON DAVIS
Orrcrkn. Chvuuar of('—'W Mmmgtmem
Hello Angie: Please publish the attached Notice in the Friday, November 13, 2020 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for
newspaper advertising.
Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 29405, 910-796-7226. Paying by credit card to the
attention of Jarimy Springer, (Customer No.70100342).
Please email a copy of the credit card receipt to me.
Thank you for your assistance in this matter
Wilmington office.
cc: MHC file
Curt Weychert- WiRO
USACE
If you should have any questions, please contact me at our
94
Ipport & Customer Assistance
Smk of Nam Car Ima I rirc menml Quality I Coastal Manage
127 Carchnal Drive Ex , Wdmingm, NC 29405 919 796 7215

NOTICE OF FILING OF
APPLICATION FOR CAMA MINOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-
119(b) that the following application was submitted for a development permit in an Area of Environmental
Concern as designated under the CAMA: On November 3, 2020, Anthony Dombroski III proposed to
construct a single family residence with bulkheads, retaining walls, a private pier w/ kayak dock and
associated 404 wetland fill at 1632 Soundwatch Drive (Lot 8), adjacent to Everett Creek, Wilmington in
New Hanover Comity. A copy of the application can be examined or copied at the office of Tara
MacPherson, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive
Ext., Wilmington, NC 28405, (910-796-7266) during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, NC 28557-3421, prior to December 4, 2020 will be considered in malting the
permit decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies. Notice
of the permit decision in these matters will be provided upon written request

10/21/2020
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RECEIVED
OCT 21 2020
DCM WILMINGTON, NC

TAMMY THEUSCH BEASLEY
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
tfiYlf NIf NINEf fflf iiffNfff Nfkfff iNf NINffMfINNHt1NiN......lflfff.ffN....INfil...... lNfffftlNllf
Filed For Registration: 1=12014 03.19.36 PM
Book. RE 5860 Page: 322-325
Document No 2014034906
4 PGS $26.00
NC REAL ESTATE EXCISE TAX: $400.00
Recorder: HUGHLEY, CAROL
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2014034906*
2014034906

b�WIG COUNTY
NORTA CAROLINA
I cerhfy that the following person personally appeared before me this day and
acknowledged to me that he/she signed the foregoing document for the purpose
stated therem and in the capacity indicated therein: Dz, K Ell ts. Jr as
EVA /C F0 on behalf of Southern Bank and Trust Company
Date — /A -a&-fie/y= O�Gt.y� G. P"A'
Signature otaryPublic
Ptgyy E . yarks Notary Public
Pnnted or typed name
My commission expires• 5- 8-A014p
laOTAN .
1D soc,
ND 4817-8575-6193,v 1

11111491�Ifi 10111)I1I
20140
FOR TERG„MYTTRHTE�SPCIHRBEASLEY OF DEEDS
NEW H,TNOVl COUNTY. NO
2014 DEC 30 03 19 36 PM
BK 5860 PG 322-325 FEE $26 00
NC REV STRIP $400 00
INSTBl 91 # 201453M
SPECIAL WARRANTY DEED
Tax Parcel No R07912-007-009<000 Return IO J,S, Price•
Revenue Stamps: $400 00
❑ If checked, the property includes the primary residence ofat_least one of the parlles depicted as party of the
fast part (N C Gen Stat § 105-317 2) _
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
THIS SPECIAL WARRANTY DEED, made and entered -into- this the 29th day of
December, 2014, by and between'SOUTHERN BANK AND TRUST COMPANY; successor by
merger to The Hentage Bank; having an address of ,116 East Main Street, Mount Oltve,:North
Carolina 28365, party -of the first part; and ANTHONY T :DOMBROSKI, JR.,and-ANN M
DOMBROSKI, having an.address of 1632 Soundwatch Dnve, Wilmington, North Carolina
28409, party of the second part;
WITNESSETH:
That the party of the first part inconsideration of the sum of Ten and 00/100.
Dollars ($10 00) and other good and valuable consideration paid to the party of the first part by
the'party of the second part, the iecerpt and sufficiency of which hereby are acknowledged, has
granted, bargained, sold and conveyed and by these presents does grant, bargain, sell and convey
unto the party of the second part, said party's successors and assigns, the fallowing described
property to wit:
Prepared by. ARD AND SMITH, P.A., 120 West Fire Tower Road, Post Office Box 8088,
Greenville, NC 27835-9088 Attention Kimberly E Lee, Esq. (�F��/
No opinion on title is rendered by WARD AND SMITH, P.A., without a separate wntteh'R �pltOaYf WgD
title from WARD AND SMITH, P A. OCT 13 20H
DCM WILMINGTON, NC

Generally described as certain real property, with any and all
improvements thereon, located in New Hanover County, North
Carolina, and being more particularly described as follows:
BEING all of Lot 8, Intracoastal Watch as the same is shown on a map
recorded in Map Book 36, Page 27, of the New Hanover County Registry,
reference to which is hereby made for a more particular description.
TOGETHER with a portion of a twenty foot -wide access easement
crossmg Lot 9 of Intracoastal Watch for the benefit of Lot 8 Intracoastal
Watch as recorded in Map Book 37 at Page 329
Together with all additional rights, title, and interests of Grantor conveyed
and described in the Trustee's Deed recorded in Book 5568, at Page 645 in
the office of the Register of Deeds of New Hanover County.
This is the same property described in the Trustee's Deed recorded
in Book 5568, at Page 645 in the office of the Register of Deeds of
New Hanover County
TO HAVE AND TO HOLD said property and all privileges and appurtenances
thereunto belonging to the party of the second part, said party's successors and assigns, forever
And the party of the first part covenants that said party has done nothing to impair
such title to the aforesaid property as was received by said patty and agrees to wan -ant and
defend the title to said property against the lawful claims of all persons claiming by, through or
under said party, except for any restnchons and encumbrances set forth above, but no further
IN TESTIMONY WHEREOF, the party of the first part has caused this
instrument to be executed with authority duly given to such form as to be binding, this the day
and year first above written.
SOUTHERN BANK AND TRUST COMPANY
By. &,,Lew'
Printed Name: nAV RJEL" 5 aT.
Position GU P I CHI

2 0 H 4 0 7 8 U MCCUED AID VERIFIED
NARY SUE COTS
RECIS,ER OF DEEPs rl
STATE OF NORTH CAROLINA NEW HANOVER CO. NC
COUNTY OF NEW HANOVER _ TUM 13 'PA 4. 45.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR INTRACOASTAL WATCR'
THIS D TION OF COVENANTS, CONDITIONS AHD RESTRICTIONS
Is made thiss�ay of June, 1996 by DACLAR INC,
,,a North
Carolina Corporation, hereinafter referred to an •Declarant•.
WOM W I'T HIE S R. E T H: ,
THAT, WHEREAs, Declarant is the owner of certain property in
New Hanover County, North Carolina, which. LB more particularly
described on that map recorded in Nap Hook 3i: �at page " in the
office of the Register of Deeds of Dew Hanover County, North
Carolina, which is incorporated herein by reference. Declarant
proposes to create thereon an exclusive residential Community of„
single-family residences to be named INTRACOASTAL HATCH; and,
WHEREAS, Declarant desires to insure the attractiveness of
Intracoastal Watch and to prevent any future impairment thereof.
to prevent nuisances; to. preserve, protect and enhance the values
and amenities of all properties within Intracoastal Watch; and to
provide for the maintenance and upkeep of all common areas in
Intracoastal watch. To this end the Declarant desires to subject
the property described herein, together with such additions as
may hereafter be made thereto, to the covenants, conditions,
restrictions, easements, charges and liens hereinafter set forth,
each and all of which is and are for the benefit of the
Declarant, the said property and each owner of property in
Intracoastal watch; and ,
WHEREAS, Declarant further desires to create an organization
to which will be delegated and assigned the powers of owning„
maintainini and administering the common areas in Intracoastal
Watch, administering and enforcing the covenants and restrictions
contained herein, and collecting and disbursing the assessments
and charges hereinafter created in order efficiently to preserve,
protect and enhance the values .and amenities in Intracoastal
Watch, to insure the residents' enjoyment of the specific rights,
privileges and easements in the common area, :and to provide for
the maintenance and upkeep of the common areas; and
WHEREAS, to that endthe Declarant has or will canselto be .
It incorporated under North Carolina law INTRACOASTAL WATCH
i HOMEOWNER'S ASSOCIATION, INC., as a nonprofit corporation for"the
purpose of exercising and performing tha aforesaid. functions. -
NOW, THEREFORE, Declarant, by this Declaration of Covenants,
Conditions and Restrictions, does declare that all of the
property described herein, and Such additions thereto as may be
hereafter made pursuant to Article 'II hereof, is and shall be
held, transferred, sold, conveyed, and occupied subject to the
covenants, conditions, restrictions, assessments, charges and -
liens set forth in this Declaration which shall -run with the real
property and be binding on all parties owning any right, title or
interest in said real property or .any part thereof* their heirs,
personal representatives, successors and assigns, and shall inure -
to the benefit of each owner thereof.
ARTICLE I ,
DEFINITIONS _
Section 1. nAssociation^ shallmean and -refer to
INTRACOASTAL WATCH HOMEOWNERS' ASSOCIATION, INC., a North
Carolina nonprofit corporation, its successors and assigns.'
Section 2. "Common Areas ,shall iuean.land .refer to all of the
streets, roads, parks, lakes and access areas and other common
RECEEIVED
DGM WILMINGTON,
424929 NOV 0 6 2015

'• I awt
2044 0701
area owned by the Association for the common use and enjoyment of
the lot owners. The Common Area to be owned by the Association
ie labeled as such on the maps. of Intracoastal watch.
Section 1, "Declarant" or abeveloper- shall mean and refer
to DACLRR, Inc., its Successors and assigns and also Shall mean
and refer to any person, firm or corporation which shall also he
designated as a nOeelaranta by DACLIR Inc.
Section e, "Development- shall mean and [afar to
Intracoastal Watch, a single-family residential development
Proposed to be developed on the Properties by the Declarant.
Sections "fate shall mean and refer to any plot of land,
With delineated boundary lines, appearing on the maps with the
exception of the Common Area.
Section 6_ -Haps"'shall mean and refer to the map of the
Existing Property as recorded in Book ;(rat Page7.71n the office
Of the Register of Deeds of Now Hanover County, North Carolina,
and the maps of any additions to the Existing Property which may
be recorded by Doolerant in the said Registry in the future.
Section v. %amber- shall mean and refer to every person or
entity who holds membership in the Association.
Section S. -Owner- shall mean and refer to the record Owner,
whether one or more persons or entities, of a fee simple title to
any Lot Including the Declarant If it owns any Lots, but
excluding those having such interest merely as security for the
performance of an obligation.
2fict"Existingion "Properties" shall mean and refer to the
dityamay hereafter madesubjectto
described be made and suchadditions thereto
this Declaration and Drought within the jurisdiction of the
Association.
ARTICLE II
PROPERTY SORJECT TO THIS DECLARATION
AND WITHIN THE. JURISDICTION of
INTRACOASTAL WATCH
Section 1. Existing Property. The real property which is and
Shall be held, transferred, sold, conveyed and occupied Subject
to this Declaration, and within the jurisdiction of the
Association is located in New Hanover county, North Carolina, and
is more particularly described on that map of Intracoastal Watch
Including lots 1 through /% , as well as all Common area, roads
and easements.
Section 2. Additions to Existing Property.
(a) Additional land which is contiguous to the Existing
Property or any land previously added to the Existing Property
may be brought within the property covered by this Declaration
and the jurisdiction of the Association by Declarant, in future
stages of development, without the consent of the Association or
its Members, provided that such annexations occur within 20 years
after the date of the filing of this instrument, and up to ten
additional 10 year periods by the filing of an Extension in the
New Hanover County Registry.
(b) The additions authorized under cubaaotion (ej above
shall be made by filing Supplementary Declarations of Covenants.
Conditions and Restrictions and Supplementary Maps with respect
to the additional properties in the New Hanover County Register
Of Deeds Office, which supplemental filings shall extend the
coverage of this Declaration and the jurisdiction of the
DCM Wi IVIINGTOR NIC
Nov 0 8 2015

2094" '0T82 - -
Association to such properties and thereby subject such
additions to the benefits, agreements, restrictionm and
obligations set forth herein, Including, but not limited to,
assgasma to as herein determined. The Declarint's right to file
supplementary declarations and supplementary maps is at the
Declarant'o sole discretion and does not require, or allow
approval or other input by the Lot owners or the Association.
ARTICLE III
PROPERTY RIGHTS
aeetlen 1, Ownership of theCommon Area. After the
eomplation of all Improvements to .the common Area. Declarant
shall convey the. Common Area to the Association. - Notwithstanding
the recordation, of any Hap or any other action by Declarant or
the Association, all Common Area (including the Common Area -
streets and roads) shall remain private property and shall not'be
considered as dedicated to the use and enjoyment of.the public.
Section 2. Owner's Rights to use and Enjoy Common Areas.,
Each Owner is hereby given the right to use and enjoy the Common
Area, which right shall be appurtenant to and,eball pass with the
title to the Lot, subject to the following:-- -
(a) the right of the Association to promulgate -and enforce
reasonable regulations governing the use of the Common Area to
insure the safety and rights of all owners;- -
(b) the right of the Association. to suspend the voting
rights in the Association and right to use the Common Areas -by an
Omer for.any period -during which any assessment against his Lot
remains unpaid; and for a period not to exceed sixty days for any '
infraction of its published rules and regulations; and -
(c) the right'of the Declarant or the Association to grant
Utility, drainage and other easements of thetype and for,the '
purpcees net forth in Article VIIL'aeross•the Commas Areas.
Section 3. Ownet's Easements for•Ingress and Egress. Every '
Lot is hereby granted a perpetual, non-exclusive right to .use any
roadway which may be constructed by the Declarant and conveyed to
the Association as part of the Common Area for the purpose of
Providing. access -to .and. from each Lot.
Section a, Delegation of*Hse. Any owner may delegate, in -
accordancewith the Bylaws of the Association, his right of•
enjoyment to the Common Areato the members of: his family, his -
guests, big tenants, or contract purchasers who reside on his `
Lot. children under twelve (12) using the swimming pool with an '
owner's permission Shall be accompanied by an adult. _ -
i ARTICLE IV _
MEMBERSHIP,, VOTING RIGHTS AND -CONTROL - -
OP THE ASSOCIATION .
Section 1, Membership.- livery Owner of a.lot shall"be a - -
Member of the Association. Membership shall be appurtenant to -
and may not be separated from ownership. of any Lot. -
Section 1. Classes of Lots_ The.VOting rights of the
Membership shall be appurtenant to the ownership of fats. There
shall be twoclasses of Lots. with respect to voting -rights:
(a) class A &0 Class -A Lots shall be all Lots except
Class S Lots as defined below. Ownership of each Class A Lot - -
Shall entitle the Cwmer(s) of said Lot to -one (1p vote, when
more than one person owns an intmrmt (othor than a leaoehold or
security interest) -in any Lot, all,. such persons shall.be Members
3
RECEIVED
DCM WILMINGTON. NG
NOV 062015

BOOK PACE
2044 0780
and the voting rights appurtenant to said Lot shall be exercised
as they, amongthemselves, determine, but in no event shall more
than one (1) vote be cast with respect to any Class A Lot.
(b) Class s Lots. Class -B Lots. shall be all Lots owned by
Declarant. The Declarant shall be entitled to three (3) votes
for each Class B Lot owned by it.
Suction 3. Amendment. Notwithstanding the provisions of
section 2 above, and Article XIIS se long as Declarant owns any
Lot, this Declaration and the Bylaws of the Association may not
be amended Without its written consent.
Section a. The Association shall be governed by a Board of
Directors in accordance with the Bylaws. Notwithstanding the
provisions of Section 2 above, the Declarant sball have the right
to appoint or, remove any Member or members of the Board of
Directors or any officer or officers of the Association until
such time as the first of the following events accurst
(1) Declarant no longer owns any Lot, or
(2) Declarant surrenders the authority to appoint and
remove members of the Board of Directors and officers of the
Association by an express amendment to this Daclaration executed
and recorded by the Declarant.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
section 1. Creation of the Lien and Personal Obligation for
Assessments. Each Owner of any Lot by acceptance of a deed
therefor, whether or not it shall be so expressed in such deed,
is deemed to covenant and agree to pay to the Association annual
assessments or charges and special assessments for capital
improvements established and collected as hereinafter provided.
Any such assessment or charge, together with interest Costs, and
reasonable attorneys' fees, shall be a charge and a continuing
lien upon the Lot against which each such assessment or charge
is made. Each such assessment or charge, together with interest,
costs and reasonable attorneys' fees, shall also be the personal
Obligation of the Owner of such Lot at the time the assessment
fell due. The personal obligation for delinquent assessments or
charges shall not pass to an Ovner0s successors in title unless
expressly assumed by them. All dues shall be assessed, billed ands
collected an a quarterly basis. Each Lot Owner is responsible
for providing to the Association his current mailing address for
receipt of bills from the Association for dues. All dues shall,
be paid notwithstanding the fact that the owner isnot using the
lot or facilities of Intracoastal watch. The initial payment of
assessments shall be made at closing of the initial purchase and
will be for the quarter during which the closing takes place,
with the quarterly assessment being prorated es of the date of
closing. All lots in Intracoastal Watch, as it may be expanded
from time to time, Will pay assessments to the Association. The
assessments collected by the Association shall be for
maintenance, upkeep, repair and,other work done on the Common
Area. The assessments charged by the Association shall be
uniform on all lots in Intracoastal Watch.
All assessments shall be based upon the estimated cost of
maintenance of the comnon area, plus reserves for rebuilding.
The initial maximum annual assessments are set out hereinafter.
Section 2, purpose of Common Area Annual Assessments. The
annual assessments levied by the Association shall include, but
not be limited to, the uses as follows:
(a) to maintain all roads constructed within the Common Area
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to the standard of maintenance which Would be required.by,the;
State of Worth Caroline harcre it would accept, such roads for
maintenance; provided that this provision does not require that,
the Width of the'road rights-of-vay.be-the width required as set
forth before such roads would be accepted by the state or Worth,
Carolina for maintenance;. .-
(b) to maintain all access easements in the Common Area in -
an easily passable condition, free from fallen trees,
unddiseased or decaying tree, and other s, sshrubss obstructions;
bushes d to temovedafroni such
areas and to replace such items with new trees,, shrubs and -•
bushes;
(c) to maintain all drainage easements in the Common Area to
prevent flooding;
(d) to keep the Common Area and the drainage and access
easements free of pollution and.natural debris;
(e) to seep all amenitiea'free of debrie'and to maintain
all amenities in an orderly condition, and to maintain the
landscaping therein in accordance with, the highest standards for
privets zesidential communities including any necessary removal
and replacement of landscaping;
(f) to provide such securityservices as may be. deemed
reasonably necessary for the protection of the Cammon:Area from
theft, vandalism, fire and 'damagefrom,animals;
(g) to provide garbage. removal.services•for all-X4ts; '
Declarant reserves the right to enter contracts far the removal '
Of trash for all lots in Intracoastal Watch, which contracts Can
call for payments for such service either directly by the Lot•
owner, or by the Association; any such contract shall have a -
maximum duration of three years, and upon termination, the
Association shall then have the right to enter such Contracts;
(h) to pay all ad'valorem taxes levied against the -common .
Area and any Property'awned by the As
i (i) to pay the premiums on.all hazard -and pubiio liability
insurance carried by the, Association. on the common Area. ...
(j) to pay all legal, accounting and other. professional fees:
Incurred by the said Association in 'carryingout its duties as
set forth herein or in the Bylaws; and-
(k) to accumulate and subsequently maintain a contingency
renerve equal to lot of the amounts described in subsection (a)
through (j) above.in order to fund unanticipated expenses of said
Association. -
section 3, Maximum Annual Aasessnent. The-initial.maximom
annuml.asuessment, which,shall be payable quarterly commencing an
October 1, 1996, shall be as follows:•
All lots in Intracoastal Watch,`; a9 it may be ,expanded from
time to time shall have. an .initial annual assessmentlof $480.00.
The entire $480.00,assessment is payable•to.and, for the
Association. - _ _ „• _ _ _ ,
Until January 1-of the calendar year -following the i...
conveyance of the first Lot by the Declarant,to another owner the -
maximum annual assessment shall be $720.00. .
(a) The maximum.annual assessments established above may be -
increased, effective January 1 of each ,calendar year fallowing
the conveyance.of the first .Lott by the declarant to another
Owner, without a vote of the membership, provided that the ..
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percentage of any men increase not exceed the percentage
inereaee, Sf any, in the Consumer price Index for Urban wage
Earners and Clerical workers, all cities, all items, published by
the united States Department of labor, over the lz month period
ending on the October 31 immediately preceding that January 1.
If the annual assessment is not increased by the Maximum amount
permitted under the terms of this provision, the difference
between any actual increase which is made and the maximum
increase permitted for that year shall be computed and the
asseesment may be increased by that amount in a future year at
the election of all Members of the Board of Directors Without a
vote of the membership, in addition to the maximm increase
permitted under the terms of the preceding sentence.
(b) From and after January 1 of the year Immediately
following the conveyance of the first Lot to en.Owner, said
maximum annual assessments may be increased Without limitation if
such increase Is approved by Nenbers entitled to no leas than
two-thirds (2/3) of all of the votes. Such voting nay be
represented in person or by proxy at a meeting duly called for
this purpose.
(c) The Board of Directors may fix the annual assessments at
amounts not in excess of the maximum.
Section a, Special Assessments for Capital Improvements.
In addition to the annual assessments authorized above, the
Association may levy in any year.a special assessment applicable
to that year only for the purpose of defraying,.in whole or in
part, the cost of any construction, reconstruction, repair Cr
replacement of a capital improvement upon any Common Area,
including fixtures and personal property related thereto, and
the common roadways serving the Development provided that any
such assessment requires the same assent of the Numbers as
provided in Section 3(b) of this Article.
Section S. Notice and Quorum for Action Authorized Under
Sections 3 and t. written notice of any meeting called for the
purpose of taking any action authorized under Sections 3 or a
shall be sent to all Members not less than thirty (3o) days nor
More than sixty (60) days in advance of the meeting. At such
meeting the presence of Members or of proxies entitled to Must
seventy-five percent (751) of all the votes of each Class of
membership shall constitute a quorum. If the required quorum is
not present, subsequent meetings may be called, subject to the
Game notice requirement until the required quorum is present.
No ouch subsequent meeting shall be held more than sixty (60)
days following the preceding meeting.
Section 6. Date of Commencement of Annual Assessments Due
Dates. The annual assessments provided for herein shall commence
as to each Lot upon its conveyance to the first purchaser
thereof. The first annual assessment shall be adjusted according
to the number of months remaining in the calendar year. The
Board of Directors shall fix the amount of the annual assessment
against each Lot at least thirty (30) days in advance of each
annual assessment period. Written notice of the annual
assessment shall be sent to every owner. The due dates shallbe
established by the Board of Directors. The Association shall,
upon demand, and for a reasonable charge, furnish a certificate
signed by an officer of the Association setting forth whether the
assessments on a specified Lot have been paid. A properly
executed certificate of the Association as to the status of
assessments an a Lot is binding upon the Association as of the
date of its issuance.
Assessments as to Lots owned by the Developer will commence
when the number of class B votes is fever than the number of the
Class A votes. Bovever, if the Developer retains any Lot or Lots
solely for its personal use, assessments shall commence as to
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2044 0786
such Lots upon commencement of construction of a dwelling.
thereon, or upon rho number of Class B votes beconiny favor than
Class A votes, whichever occurs earlier. ,
Section 7. EffectOfNohpaymant. of Assessments: Remediea
of the Association. Any assessment not paid within thirty-(l0)
days after the due date shall bear interest from the -due date at
the rate of twelVe percent (12f) par annum. In -addition to -such"
interest charge, the delinquent owner shall also pay such late charge as may have been theretofore establiahod by the Board of .
Directors of the Association to defray the costs arising because'
Of late payment. The Association may bring an action at law
against the delinquent owner or foreclose thelienagainst.. the
Lot, and interest, late payment charges, coats and reasonable
attorneys' fees of such action or foreclosure shall be added to
the amount of such assessment. No owner may waive = otherwise
escape liability far the assessments provided for herein by, not
using the Common Area,'or by abandoning his Lot.
section B. subordination of the Lien to Mortgages. The lien
of the assessments provided for herein shall be subordinate to
the lien of any first mortgage or deed of trust on a Lot or any
mortgage or deed of trust to the Declarant. The sale or transfer
Of any Lot shall not affect the assessment lien.. However, the
sale or transfer of any Lot pursuant to mortgage foreclosure or
any proceeding in lieu thereof, -shall extinguish the lien of such
assessments as to payments'which became due prior to such sale or
transfer; provided, however, that the Board of- Directors -nay in,. '
its sale discretion, determine such unpaid assessments to. be an
annual or a special assessment, as applicable, collectable pro
rata from all Owners including the foreclosure sale purchaser.
Such pro rats, portions are payable by all Owners notwithstanding
the fact that such prorata portions may cause the annual '
" assessment to be in excess of'the maximum permitted under Section
4. No sale or transfer shall relieve the purchaser of ,such Lot
from liability for any assessments thereafter 'becoming due or
from the lien thereof, but the lien.provided for herein ehall -
continue to be subordinate to the lien of any mortgage or deed of -
trust as above provided -
ARTICLE VI
DESIGN AND ARCHITECTURAL CONTROL
Section i. Architectural Committee- For, purposes of [his
Article V1, the Declarant shall function as the Architectural -
Committee (the -Committee%) so long as Declarant is,a Class B
Member of the Association and for so long thereafter as.the
Declarant deems necessary in its sole discretion. The Declarant
nay, however, relinquish the responsibility of the Architectural
Committee to the Board of Directors when it deeas_it appropriate
to do following which the Board of Directors of the Association• -
shall appoint the members ofthe Committee to sorry out the-
functions set forth in this Article. All references hereinafter
in this Article IT to the Declarant shall be understood to refer
also to the Architectural Committee in the event that one has
been appoint pursuant hereto: - - -
Section 2. Definitions. For purposes of this Article Vl,
the following terms shall have the following meanings unless the
context clearly requires a different_ meaning:
(a) -accessory building- means every detached -garage,.
carport, tool shed, storage or utility building, wellhouse, - -
guest quarters, detached servants' quarters or other similar
building constructed on a Lot which is not a dwelling;
(b) "buildings- means'eceessory,buildings and dwellings;'
(e) -dwelling- means a buiidinq constructed for single-
7
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family residential use, including servant or guest quarters; and
(d) "improvements-- or °structures^ mean buildings and all
walls, fences, decks, patios, planter,, terraces, svirming pools,
tennis courts or anything else constructed or placed on a Lot.
Section I. GeneralGdidelines.
(a) Reservations: The Declarant reserves the right to
change, alter, or redesignate rondo, pedestrian easements,
utility and drainage facilities, plus such other present and
proposed amehities or facilities as may,. in the sole judgment of
the Declarant, be necessary or desirable.
conditionsaandnr stricti nslstated herein orderruto ovencoona
the
Practical difficulties and prevent unnecessary hardships in the
application of the regulations contained herein,, provided;
however, that each is done in conformity to the intent and
vurposes hereof, and provided, else, that in every instance such
ariance or adjustment will not be materially detrimental or
injurious to other property or improvements in the neighborhood.
variances and adjustments of height, size, and setback
requirements may be granted hereunder.
(c) Development Concept: It is the express Intention of the
Declarant to maintain in this residential community a uniform
Plan of development that will bind with and not detract from the
natural environment with respect to design, type and general
appearanceof the structures to he erected on the lots. Property
owners are encouraged to have their architects contact the
Declarant prior to any costly design work for conceptional
guidelines pertaining to the residential commnity.
(d) Approval of Plans: The proposed Site and Grading Plans;
Building plans and Specifications; Exterior Colors and rinishea;
and Construction Schedule must be approved by the Declarant. one
(1) copy of all plans and related data shall be furnished to the
Declarant for its records. Until all of the above listed
prerequisite plane are approved no improvements or structures
shall be erected, placed, or altered on any residential lot. The
material used, as well as the design, shall be subject to the
prior written approval of the Declarant. The decision of the
Declarant shall be absolute and in his sole discretion; the
Declarant may require modifications of plans based on solely
aesthetic considerations, or any offsite considerations. The
Declorant's approval is required for any improvement Including,
but not limited to, location and construction of driveways,
outbuildings and fences.
The site and Grading Plans should show the proposed location
Of each building, structure, driveway, parking area, other
improvements, and prapesed alterations to the physical
characteristics of the site. The grade, elevation, or physical
characteristics (including but not limited to slopes and tree
growth) of any such lot shall not be altered in any way
whatsoever without prior written approval of the Declarant based
upon a site or Grading plan.
The Declarant encourages the planting of flowering shrubs
and trees; however, all tree removal or planting of trees,
bushes, shrubs, grasses, or other vegetation whatsoever, shall be
based upon a Site Plan, Landscaping Plan, or Planting Plan which
has been submitted to and received written approval from the
Declarant.
Upon the written request of a lot owner for approval of
plane, the Declarant shall under its decision with regard to
approving or disapproving those plans in a timely manner. If the
Declarant approves the construction of such impre"nonts, it
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2044 0788
shall issue a certificate evidencing such approval
Refusal or approval of any such plans or specifications may
be based by,tbe Declarant upon grounds, including purely
aesthetic and environmental considerations, that in the acle and
absolute discretion of the Declarant shall seem sufficient.
Without the prior written consent of the Declarant, no
changes or deviations in or from such plane or specification as
approved shall be made. No.alteratione-in the exterior
appearance of any building or Structure, or in the grade,
elevation, or physical characteristics of any lot shall be made
without like approval by the Declarant.
Upon Completion of approved construction, the Declarant
shall inspect the construction to insure that the approved Plans
and specifications were complied with by the Owner. No structure
may be occupied or used until the issuance by the Declarant of a
certificate of compliance. The certificate of compliance shall
be Issued by the Declarant without fee; provided, 'however, that
in the.event that the Declarantes first inspection of the
construction reveals deviations or deficiencies from the approved
Plane and specifications, the Declarant may charge -a fee of
$50.00 for every subsequent inspection which Is necessary to
insure compliance with the approved plans and specifications,
Any such fee must be paid before the issuance of the compliance
certificate.
If the finished building;or other structure'does not comply
with the submitted plans and specifications, the beclarant
retains the right'to make_ ,the necessary changes at the owner's
expense, and the further right to file under the North Carolina "
lien laws notice of liens for•any costs incurred.
(a) Subdividing: No lot shall be subdivided, or its boundary
lines changed without the prior -written consent of the Declarant
with the exception of lots 6; 9, and to. The owners of those
lots shall have the right to subdivide those lots to create an
additional lot of.15,000 square feet at the rear of each of those
Into provided that as subdivided all six lots shall be in fall
compliance with these restrictions. The owner of lots s, 9, and
10 who subdivides his lot -pursuant hereto shall be solely
responsible for complying with all governmental laws, rules, .and
regulations and for.obtaining any regulatory approval required in
order to accomplish said subdivision. The owner shall also be
solelyresponsiblefor any hookon or tap -in fees and other '
Utility expenses associated with said subdivision. However, the -
Declarant hereby expresslyreservesto itself, its successors or•
assigns, the right to replat any two (2)'or more lots shown on
the plat of any subdivision in order to create a modified.
building lot or lots; and to take such steps as are reasonably.
necessary to make such replatted lot suitable and fit as a
building site, said steps to include but not limited to the relocation of easements, Walkways, and rights -of -way to conform
to the new boundariesbf the said replatted lots.
(f) The Declarant will promulgate aspecific set of
guidelines as to structural materials, roofing materials, maxinum•
elevations and other improveoents aspects. to .serve as a
guidelines for planning improvements on lots in Intracoastal
Watch. The Declarant, retains the right to amend, the guidelines .
at its sole discretion from time to -time, without approval from
the Association -
Section 6. site Improvements: (a) Building Setback -
Guidelines and RequiremeMs:.The front building setback line
shall be a minimum of forty (40) feet from the front of each lot
(i.e., the boundary line which runs with the margin of the
right-of-way of the road on which the Lot fronts)- The lido '
building setback line shall tie a minimum of. tan (10) feat from
RECEIVED
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2044 odes
each side of each lot. Tha.rear building setback line shall be
forty (40) feet from the rear of each lot. In the event of any
conflict between these guideline requirements and any other later
imposed by any governmental authority. Dec2arant,s guidelines
shall govern.
Since the establishment of standard inflexible building
setback lines for location of houses on lots tends to force
construction of houses both directly behind and directly to the
side of other homes with detrimental effects on privacy, view of
the voter, preservation of land contour, important trees, and
other vegetation, ecological and related considerations,
variances far .these specific setback guidelines may be granted by
e Dclarant. In order to assure, however, that the .foregoing
considerations are given maxims effect, the Declarant reserves
the right to control and approve absolutely the site and location
of any house or dwelling or other structure upon any lot.
(b) Use of Fill and changes in Rlevation: No charges in the
elevations of the land shall be made as any lot, nor any fill
placed within the common easement areas or within the regulatory
setback lines) nor shall any It be increased in size by filling in the waters an which it abuts without prior written approval of
the Declarant plus state and federal agencies.
(e) Adequate Drainage Requirements: It shall be the
obligation of the Lot Owner to provide adequate drainage for his
or her lotto the end that the property or properties adjacent to
said lot shall not be subjected to other than the natural flow of
thepresently existing. It Shall also be the obligation of the lot owner to provide, install and maintain adequate culvert
or drainage pipe beneath his or her driveway as it crosses the
street right-cf-vay in order that the natural flow of drainage
Will not at any time be blacked along the street right-of-way.
The size of such drainage pipe shall be determined by the
Declarant, or the appropriate municipal regulatory authorities.
All improvements constructed must have gutters to collect
rain runoff from roofs and flat areas. All runoff and drainage
must be directed to flow towards the streets.
on his dlot ffor off tstreet guesEach Letg wnerfornot shafeweithan two
(2) passenger vehicles prior to the. occupancy of any single
family dwelling constructed on said lot. Said parking areas and
driveways thereto shall be in accordance with reasonable
standards and shall be constructed of concrete, asphalt, crushed
stone, crushed shells, or any other material approved by the
Declarant in writing as provided for in Section I(d)
hereinabove.
(a) Underground Utility Requirements: All electric
transmission or service lines within the perimeter bounds of any
lot, common area or easement shall be installed beneath the
surface of the ground.
(f) Use of Individual Water Supply Systems: No individual
water supply system shall be permitted except a non -potable lawn
irrigation system or a water to air heat system. A shallow well
may be permitted for such water supply without prior written
approval by the Declarant_ The pump, pressure tank, and pump
house, if any, shall be considered structures. The Declarant
reserves the right to enter a contract with a community water
System for delivery of potable water to all the lots of
Intracoastal Watch, and to grant such rights of way or aasementa
to the water system operator as are deemed necessary or
desirable by eitber the Declarant or the said system operator.
19) Driveway Location: The beclarant has the right to
decide in its sole and absolute discretion the precise site and
in
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2094 0790
location of Any driveway placed .upon any right-of-way; provided,
however, that the owner. shall be given the opportunity to
recommend a specific site for such improvemanta.
(h) Alteration of Land Common Area: There shall be no
changes, including, but not limited to, planting -or cutting of
trees, bushes or shrubs in the wooded common area, the -park
common area and the common Areas located within the roadway
- except with the express written permission of the Declarant -
There shall be no changes made to
any lake or -pond without the -
express permission of the Declarant. Any lot bordering on- a lake
or pond shall submit any improvement or alteration to he done. '
Within ao feet from, the edge Of the said lake or pond to the
developer for approval And/or alteration,which mybegranted or
denied in the neclarant•A sole discretion. These requirements
Are to peanuts a uniform attraetivo nature of the common .Area,
lakes and ponds for the benefit of all the INt Owners.
(i) A maximum of 301 of any lot may -be covered by non -
permeable material. Non -permeable materials includes. any material
through which rain does not pass unrestricted.,
Section S. Structural Improvements:
(a) Residential Use: No structure,. except As hereinafter
provided, shall he erected, altered, placed or permitted to
remain on any residential lot other than a detached single family
dwelling. No building or other structure,. or part thereof, at
Any time situated on such residential lots shall be used as a
professional office, charitable or religious institution, .
business or manufacturing puipose, or for any use whatsoever
other than residential and dwelling purposes as aforesaid; and
no duplex residence or apartment house shall be erected or placed
on or allowed to occupy -such residential lots and no -building -
shall be altered or converted into,a duplex residence or
apartment unit thereon.'. _ _ -
(b) Building Material's: A11. structures constructed or placed'
on any lot shall be built of substantially new,materialse Any
structure erected on the lots shall -be of- wood, stone, brick
veneer, tiles, or concrete and stucco. Any accessory buildings
or structures shall be constructed of the same material as the
main dwelling, or from other suitable material specifically .
approved in writing by the Declarant. .. -
(o) Square Footage of. Enclosed Dwelling area: Every dwelling
constructed on a Lot shallcontain, at deast'the minimum required,
square footage of fully enclosed and heated'floor area- The -
minimum required square footage shall he,-2000 square feet for all =
single level homes and aaeo square feet for, all, two -level fumes
(the first level shall have a minimum of IODD square feet); -'
exclusive of patios, attached garages, terraces,decks, roofed '
and unroofed porches and accessory buildings.
(d) Enclosed Garage:- All homes are permitted to have an
enclosed two car parking garage serving the main house structure.
No covered parking facility may ber constructed other than an '
enclosed garage unless incorporated, into the main•'dwelling ,
structure.
(a) Screening of Refuse Receptacles:
Each lot owner shall provide receptacles for asbes, trash, '
rubbish, or garbage on his lot in a screened area not generally
visible from the road, other lots, or -from common easement areas;
or provide underground receptacles (or similar facility) in '
accordance with reasonable standards established by the - =
Declarant.
(f) Mailboxes and Newspaper Roceptaclesv Mailboxes £er all
lots shall beat a central location near the electric gets. No
11
DCM WILMINGTON, NC
�, NOV G 6 2015
J

2 09 4 0791
,mail box, paper box, or other receptacle of any purpose shall be
erected or located in the road right of way or on any building
lot.
(g) Fuel Tanks and Similar Storage Receptacles: Us fuel
tanks or similar storage receptacles may be exposed to view. Any
such receptacles may be installed only within an accessory
building with a screened area (so as not to be generally visible
from the mad, adjoining lots, or common areas) or buried
underground; provided, however, that nothing contained herein
shall prevent the Declarant from erecting, placing or permitting
the, placing of tanks, or other apparatus, on the property for
uses related to the provision of utility or other service.
(h) clothesline or Drying Yams: Clothesline or drying
yards are not permitted.
(i) Fences and walls: No fence, or wall far any purpose
shall be erected or located on any building lot, easement, or
common area unless and until the plans and specifications showing
the nature, shape, height, materials, and location for said fence
or wall shall have been approved by the Declarant in accordance
with Section 3(d) herein.
(j) Lawns: All lawns shall be established wholly through
the application of sod.
ARTICLE VII
USE RESTRICTIONS AND. REQUIREMENTS
Section I. Maintenance Standards.
(a) Preservation of Nell Kept Buildings and Grounds: Each
lot caner shall prevent any unclean, unsightly or unkempt
conditions of any buildings or grounds on his lot which would
tend substantially to decrease the beauty of any of the property
or diminish or destroy the enjoyment of other lots by the owners
thereof. This restriction includes, but is not limited to, a
prohibition against storage on any lot of anything unclean,
unsightly or unkempt.
(b) Pre-Constmetfon Maintenance of Lots: prior to
commencement of the erection of any residence on a lot, the owner
of such lot, shall from time to tine cut, or cause to be cut, and
keep cut or cause to be kept cut, all weeds and brush on such lot
and shall remove any resulting debris, to comply With Section
1(a) hereof. Should such owner fail to do so the Declarant may
do so, and the reasonable expenses thereof shall be paid by such
owner to the Declarant within thirty (30) days thereafter. In
the event of a failure of such owner to pay the Declarant as
above provided, the Declarant shall have the right to file a
notice of lien in the orrice of the Clerk of the Superior Court
of New Hanover county, North Carolina, and from and after the
filing of such notice of lien, the Declarant shall have a lien on
such lot for the payment of such sum, with interest at the rate
of121 per annum, all in like manner as if the Declarant had
performed such work at the instance and request of such owner.
Any such lien, however, shall be subordinate and inferior to any
mortgage than or thereafter encumbering such lot.
(c) Reconstruction. Any building on any llot which is
destroyed in whole or in part by the fire, windstorm, flood or
other Act of God must with reasonable promptness be rebuilt or
all debris from such destruction removed and the lot restored to
the condition it was in prior to commencement of construction of
such building. Any such reconstruction most be mmmenced within
six (6) months from the date of such destruction. All debris
must be removed and the lot restored to its prier condition
within three (3) months of such destruction.
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BOOK _ PACE "
2044 0792
(0) Mobile Homes and Temporary Structures: No mobile home
or other structure of a temporary character -,hall -be placed or
stored upon any lot,. easement or common area at any time,
provided, however, that this prohibition shall not apply to
shelters on the building lot used by the contractor during the
construction of the main dwelling house when permission forthe
same has been granted by the Declarant. These latter temporary
shelters may not,, at airy time, be used an residences or permitted
to remain on the lot after completion of construction.
(a) Vegetable Gardens: There shall be 'no vegetable gardens
in the subdivision. I .
(f) Exterior Antennae and Aerials.- Exterior radio end
television aerials and satellite dishes for reception of_
commercial broadcasts shall not be permitted in the Subdivision;
and no other aerials or satellite dishes (for example, and
without limitation, amateur short wave or ship to shore) shall be
permitted In the Subdivision:vithout prior permission of the
Declarant, or assigns, .as to design, appearaneo and lonstion-
(g) Signs: No permanent sign of any character shall be
displayed upon any.part of the property except a signbearing the
name of the owner and/or the street address without permissionof
the Declarant_ Said signs shall not exceed the dimensions of 5
inches by 20 inches.'. .
All temporary signs such as buildersO signs; realty signs„
etc., must be approved by the Declarant. These signs should be
placed In the center of the lot, outside the street right of way.
Under an circumstances my -signs be nailed to ,trees.
All signs must be cleans neat, and maintained in good
repair.
(h) Leasing. No building on any lot .may be' leaned except in
accordance with rules and regulations promulgated by the
Association. - - - -
(i) Internal ownership. No Owner may lease, deed, sell,
convey, or otherwise transfer his lot under any time-sharing or
interval ownership arrangement.
(j) Hazardous Activities. Nothing shall; be -done or kept on -
any lot or in the Common Area which shall increase the rate of -
imuranee on the Common Area or any other lot without the prior
written consent of the Board of Directors: No owner shall permit -
anything to be done or kept on his lot or in the Common Area
which would result in the cancellation of insurance on any part -
of the Common Area, or which would be in violation of any law.
Section 2. Rules and Regulations. The Developer, or the
Association, shall have the right to promulgate rules and
regulations concerning any and all aspects of the use of the _
made, easements and common area:of Intracoastal Watch. The
rules and regulations set out herein, are not.exclusive, and
additional rules and regulations may be promulgated. by .the
Developer from time to time. Violations of the rules and -•
regulations may be enforced by assessment of penalties which
shall become additional assessments ,assessed on the Lot owner
violating the rules and. regulations. -
(a) use of the commoT areas and easements shall be limited
to that for which they were designed or intended by the '
Developer. All users shall maintain the common area neat and
clean and not permit or tense any damage or'destruction thereto.
Offenders way be fined, which fines shall be,added as an
additional assessment to the Lot owner.
13
RECEIVED
DCM WILMINGTON, NC
1,10V 0 6 2015

BOOK PACE
2044 0793
ARTICLE Vill
Ca MpN AREAS AND CbMKm EASEm Ms
'Section 1. EaSments Reserved by Declarant. The Declarant
reserves eAsements Eor the installation and maintenance of
driveways, walkways, parking areas, water lines, telephone and
electric power Haas, cable television lines, Sanitary sewer and
store drainage facilities, drainage ditchessnd for otter utility
installation over the properties or Intracoastal Match, as it nay
bed eead xpanded lot,
tI to tine. Each owner, by his acceptance of
to the ' the Association, by its acceptance or a deed
or Daclexantato transfer Sucacknowledge
h geeseeMV?ftts&totthe Association iat on ortoeach utility companies as Declarant may choose. The easements
reserved by the Declarant include the right to cut any trees,
bushes or shrubbery, make any gradinge of the sail, or take any
similar action reasonably necessary to provide economical utility
installation and to maintain the overall appearance of the
Development.
The easements reserved by the Declarant nhall be shown on
the Maps. The Declarant further reserves the right to locate
wells, pumping stations, lift stations and tanks within any
Cocoon Area or any residential lot designated for such use on any
Map or upon any lot adjacent to such designated lot with the
Permission of the owner of such adjacent lot.
withim any such easement, no structure, planting or other
material shall be placed or permitted to remain which may
interfere with the installation of Beverage disposal facilities
and utilities, or which may change the direction of flow or
drainage channels in the easements or which nay obstruct or
retard the flow of water through drainage channels in the
comments. In addition, the Declarant and the Association shall
have the continuing right and easement to maintain all sever,
vatsr and utility lines located on all lots, acc"s easements,
Utility and pedestrian easements, as necessary.
Section 2. Non -Dedication To Public Use: Nothing in these
Restrictions, mor is the recording of any plat or deed pursuant
hereto, shall dedicate or be deemed to dedicate to public use any
Of the streets, brldges, common area or other property within the
subdivision.
bn .'Due of Common Area: Tbs Common Area shall not be
seed in any menses, except as shall be approved or specifically
Permitted by the Association. The Association shall, in its sole
discretion, retain the right to establish rules and regulations
for the use and enjoyment of all such property.
Section 4. Access Easement: The purpose of access easements
is to provide members of the Association and their escorted 1
guests pedestrian access to the comnon areas of the subdivision.
This privilege is extended by the contiguous lot owners with the
understanding that the access easements will be maintained in
good repair as a responsibility of the Association. Conran
courtesy dictates that use of the access Moonset and common
areas Occur in as unobtrusive manner as is feasible with full
respect for the privacy and property rights of the lot owners
Involved. Any members of the Association found to be responsible
for abuse of the access easement privilege may have this
Privilege rescinded for an appropriate period of time by the
Hoard eY nireetoes or the Association.
14
R—i- E..
OC'iM'JV!UDAI !GTON, NO
ri0\ J 70E[i,

2044 0794
ARTICLE IX
CONSTRUCTION GUIDELINES
Section 1, period of Construction: The exterior of all
houses and other structures must be completed within eighteen,
(18) months after the construction of same shall have commenced,
except where such completion is impossible or would result in
great hardship to the owner or builder due to utrikes, fires,
national emergency or natural calamities. -
Sec�len a. Conduct of Construetian.Vehiclea: During
construction all involved Including those delivering'supplles
n:at enter the building lot on the driveway only as approved by
the Declarant so as not to damage,unneoesomeily trees, street
paving and curbs. ,
Section 3. Removal of Construction Debris: During
contraction the builder must keep the hones, garages,. and
building sites clean. all building debris, stomps, tree✓, to..
must be removed from each building lot by the builder as often as
necessary to keep the house and lot attractive. Such debris may
not be damped in any area in the subdivision. ,
Re13;en a. storage of Construction Materials: Construction
material storage must be set back from the lot property lines in
accordance with the same restrictions as stated for Building
Setback Guidelines (Article VI, Section d).
Section 5.' Each dwelling constructed in the subdivision
shall be built under the direct supervision of a general
contractor licensed under North Carolina law to -build such a
dwelling. - - -
- ARTICLE X. ,
INSURANCE
Each Ownershall secure and maintain in. full force and,
effect at such owner's expense, one or more -insurance policies ...
insuring the Owner's improvements on the'lot for the full
replacement value thereof against loss or damage from all hazards
and risks normally covered by a standard -Extended coveragen
insurance 'policy, including fire and lightning, vandallm;and
malicious mischief. . .
Each Owner, at the;Owner's expense, shall secure and
maintain in full force and effect comprehensive personal,
liability insurance for damage to the person or property of -
others occurring on owner's Lot, any other Lot, Or upon the _
Common Area, in an amount not less than the amount designated by
the Association. The Owner shall provide the Association with
satisfactory evidence that such .insurance as herein required is
in full force and, effect and the Association will be given thirty.
(30) days' notice prior to the expiration, or cancellation of .any
Owner's insurancecoverage. In the event the Owner fails or
refuses to maintain such insurance coverage as Herein required,
the Association may, but shall•not he obligated to, through its
agent or representative, secure and. aaintaln 'such insurance ,
coverage for the Owner's benefit,, and the costs or expense. _
thereof shall be deemed a special assessment levied by the
Association against the Owner and the Owner's Lot in accordance
with the other provisions of this Declaration and the Owner
covenants and agrees to pay to the Association such special
assessment upon demand.'
This insurance,provision nay be modified or amended to
substitute one comprehensive insurance policy covering all Lots
Provided the approval of a majority of the owners io obtained and
approval by 75% of the owners and holders,of first deeds of 'trust
15
ACM 4NILMI1141GTON, NC
NOV 06 2015
R

2044 0795
on the tots is obtained. Such approvals shall be in writing but
need not be acknowledged and shall be attached to an amendment to
this Declaration which amendment shall be executed only by the
Association and recorded in the Nov Hanover county Registry.
The Declarant and the Association shall have the right to obtain
a comprehensive insurance policy covering liability as well as
extended coverage, the premiums of which shall be paid by the
Association.
ARTICLE xi
RIGHTs OF aoRrGAGEES
Section f. Approval of Owners and Holders of first Deeds of
Trust. Unless at least seventy-five Percent (M) of the owners
and holders of first deeds of treat on Sate located within the
property then subject to the full application of this Declaration
have given their Prior written approval, the Association shall
not:
(a) by act or omission seek to abandon, partition,
subdivide, encumber, sell or transfer any real estate or
Improvements thereon which are owned, directly or indirectly, by
the Association (the granting of easements for utilities or other
Purposes shall not be deemed a transfer within the meaning of
this clause);
(b) change the method of determining the obligations,
assessments, dues or other charges which may be levied against an
Owner;
(c) by act or omission change, waive or abandon any plan of
regulation, or enforcement thereof pertaining to the
architectural design or the exterior appearance of residences
located on Lots, the maintenance'of party walls or common fences
and driveways, or the upkeep of laves end plantings in the
subdivision;
(d) fail to maintain fire and extended coverage insurance on
insurable improvements in the Common Area on a current
replacement cost basis in an amount not less than one hundred
Percent (100t) of the insurable value; or
(e) use the proceeds of any hazard insurance policy Covering
losses to any Part of the Common Area for other than the repair,
replacement or reconstruction of the damaged improvements.
Section 2. Hooks and Records. Any owner and holder of a
first deed of trust an any Lot will have the right to examine the
book& and records of the Association during any reasonable
business hours.
Section a. payment of Taxes and Insurance premiums. The
ownere and holders of first deeds of trust on Lots may, jointly
or singly, pay taxes or other charges which are in default and
which may or have become a charge or lien against the Common Area
and may pay overdue premiums on hazard insurance policies or
secure new hazard insurance coverage upon the lapse of a policy
Ear property Owned by the Association and the persons, firms or
corporations making such payments shall be oved immediate
reimbursement therefor from the Association.
ARTICLE X1I
CONDENNnTION
Section 1. Partial Taking without Direct Effect ON Lots._ If
part of the properties shall be taken or Condemned by any
authority having the power of eminent domain, such that no Lot is
taken, all compensation and damages for and on accem:t of the
16
CCtvi lnr'' PairCTf Pd. N(.
NOV 0 s1 20i5,

2044 079s
taking of the Common Area, -exclusive of compensation for
Consequential damages to Certain affected Lot,, shall be paid to
the Board of Directors of the Association intrust for all owners
and their mortgagees according to the losses or.damages to their
respective interests in such Common Area, The Association,
acting through the Board -of Directors, shall have the right to
act on behalf of the owners with respect to the negotiation and
litigation of the issues relating to the 'taking and compensation
affecting the Common Area, without limitation on the right -,of the.
Moore to represent their own interests. such -proceeds shall be
used to restore the Common Area with the excess, if any„paid to '
the owners whose Lots: are specifically affected by the taking or.
condemnation. This in not intended to.reatrict the Owners from.
joining is the Condemnation proceedings and petitioning on their
own behalf for Consequential damages relating to lose of value of
the affected Lots, or personal improvements therein, exclusive. of.
damages relating to Common Area. -In the event that the
Condemnation award does not allocate consequential damagos'to-
specific owners, but by its terms includes an award for reduction
in value of Lots without such allovatinn, the award shall be
divided between affected owners and The Board of Directors as
their interest may appear by, arbitration in accordance with the
rules set in the'Uniform Arbitration Act; Article 45A in Chapter
1 of the North Carolina censral Statutes, as it my be amended
from time to time. ,
Section 2. Partial -or Total -Taking Directly Affecting Lots. -
If part or all of the properties shall .betaken or condemned by
any authority
,having the'pover-of eminent domain; such that any
Lot or a part thereof (including specific easements assigned to
any Lot) is taken,'the Association shall have the right to act on
behalf of the Owners with respect to Common Area as provided in
section 1 of this Article and the proceeds shall,be payable as -
Outlined therein. The Owners directly affected by ouch taking
shall represent and negOtiate,for themselves with respect to the
damages affecting their respective Lots. All compensation-and-
danages for and on account of the taking of any one -or more of
the Lots, or personal improvements therein, shall.be paid to .the.
Owners of the affected Lots and their mortgagees, as their -
interests my appear... _
Section 3. Notice'to Mortgagee. A notice :of any eminent
domain or Condemnation proceeding shall be sent to holders of all
first mortgages. ,
. PARTICLE fIII; .-• - -
GENERAL -PROVISIONS'• -•
section 1. Entry:' The Declarant reserves for itself, its -
successors and assigns, and its agents the right to .enter upon -
any residential lot, for the purpose of. mowing, -removing,
clearing,, cutting or pruning underbrush, weeds or other unsightly
growth, or for the purpose of building or repairing any land .-
Contour or other earthwork, which in the opinion of the Declarant detracts'from or is necessary to,naintain tha overall beauty, -
eeology, setting and safety.of the property. such entrance shall.
notbe deemed atrespass. The Declarant and its agents nay.. -
likevise enter upon any .lot to remove any trash which has '-
Collected without such entrance and removal being deemed a
trespass. The provisions in this paragraph shall not be - -.
construed as an obligation on the partof the Declarant to
undertake any of the foregoing. - - , _ .
Section 2. Enforcement. The Association; orany owner,
shall have the right .to enforce, by any proceedingat law or in'
equity, all restrictions, conditions, covenants, reservations; _' ' '
liens and charges now or hereafter imposed by, the provisions of.
this Declaration. The failure of tho.Aesoniation or of any owner •' to enforce any covenant or restriction herein .contained- shall in - -
17
RECEWED
DGM WiLMINGTON, NC
NOV 0 6 2015

2044 0797
no event be deemed a waiver of the right to do so hereafter.
Section 1. Saverability. Invalidation of any one of these
eavenents or restrictions by judgment or court order shall in no
Way affect any other provisions which shall remain in fell force
and effect.
Section 6. Amendment. The covenants and restrictions of
this Declaration shall run with and bind the land until January
1, 2010. after which they shall be automatically extamled for
suceess£ve periods of ten (101 years. This Declaration (except
as act forth to the contrary in Article Iv, section 1) say be
amended by an instrument signed by the Owners of not less than
seventy-five percent (75t) of the lots.
Section 5. Additions to covenants_ The Declarant may
include in any contract or deed hereafter nade, any additional
covenants and restrictions that are not inconsistent with and
Which do not lover the standards of the covenants and
restrictions net forth heroin.'
section G. Release of Lots. The Declarant may at any time
release any lot shown on said plat from any or all of the
restrictions and covenants running with the land herein Set
forth, and also from any or all additional restrictions and
covenants imposed pursuant to the provisions of Section 5 above,
provided the written consent thereto of the owner or owners of
not less than two-thirds in number of the lots shown on said
Plat shall be obtained, and such release cannot be deemed to be
We action negating the effective coverage of these restrictive
covenants on the remaining lots.
Section 7. Assignment or Development Rights. If the
Declarant shall transfer or assign the development of such
subdivision or if it shall be succeeded by another in the
development of such subdivision, then such transferee, assignee,
or successor shall be vested with the several rights, povers,
privileges or authorities given said Declarant by any part or
Paragraph hereof. The foregoing provisions of this paragraph
shall be automatic, but the Declarant may execute such instrument
as it shall desire to evidence the vesting of the several rights,
powers, privileges, and authorities in such transferee, assignee
or successor. In the event the Declarant contemplates, or is in
the process of, dissolution, merger or consolidation, the
Declarant may transfer and assign to such person, firm or
corporation as it shall select any and all rights, powers,
Privileges and authorities given the Declarant by any part or
Paragraph hereof, whether or net the Declarant shall also
transfer or assign the development of such subdivision or be
succeeded in the development of such subdivision. In the event
that at any time hereafter there shall be no person, fire, or
corporation entitled to exercise the rights, powers, privileges
and authorities given said Declarant under the provisions
hereof, such rights, powers, privileges and authorities shall be
vested in and exercised by the Declarant to be elected or
appointed by owners of a majority of the lots of said land. In
such event, the Declarant shall than have the Same rights,
povers, privileges and authorities as are given to the Declarant
by any part or paragraph hereof. Nothing herein shall be
constructed as conferring any rights, powers, privileges, and
authorities in said Declarant except in the event aforesaid.
Section 0_ Modifications. The Declarant specifically
reserves the right to amend any part or all of the restrictions,
oovonants, and eoadLtions heroin set out by filing Ln the office
Of the Register of Deeds of New Hanover county a declaration of
amended restrictive covenants. such amendments, modifications,
or additions to the restrictive covenants contained in this
Declaration shall be made applicable to the conveyance of lots
made subsequent to the recording of such declaration of amended
18
_{ `cVED

2049 '0798
restrictive covenants.
Declarant further specifically reserves the right to amend a
recorded plat of any lot or any group of lots in Intracoastal
Watch, as it may be expanded from time to time.
Section 9. Remedies Against Violations. The covenants and
restrictions herein Shall be deemed to be covenants running with
the land. If any person claiming under the Declarant shall
violate or attempt to violate any of such restrictions or
covenants, it Shell be lawful for the Declarants or any person or
pe1780M owning any residential lot on said land:
(A) to Prosecute proceedings at law fer the recovery of
damages against the person or persons so violating or attempting
to Violate any such covenant or restriction, or
(B) to Maintain a proceeding in equity against the person or
persons so violating or attempting to violate any each covenant
or restrictions for the purpose of preventing such violation,
provided boeever, that the remedies in this paragraph contained
shall be construed as cumulative of all other remedies now or
hereafter provided by law. without limiting the foregoing
provisions of this paragraph enforcement of these covenants and
restrictions shall be made by the Association, .of which every
record ovner of a fee or undivided fee interest in any lot shall
be a member. rnvalidation of any provision of the covenants and
restrictions set forth herein by judgment or court order shall
not affect or modify any of the covenants and restrictions which
shall remain in full force and effect.
section lo. Late subject to covenants_ The Declarant hereby
covenants and agrees that every contractof sale or deed made by
the Declarant Wherein is described any residential lot of said
laud shall include or be subject to, by reference or otherwise,
each and every covenant and restrictions herein Written, or the
substance thereof, and, subject to the reservations herein, the
Declarant Shall conform With and abide by the foregoing covenants
as to all of said Land. -
Section 11. Regulations: Reasonable regulations governing
the use of the Common Area and external appearance of all
structures erected on the Lets nay be made and amended from time
to time by the Board of Directors of the Association; provided,
however, that all such regulations and amendments thereto shall
be approved by a majority vote of the Owners before the ease
shall become effective. Copies of such regulations and
amendments thereto shall be furnished to each Member by the
Association upon request. ,
IN WITNESS WHEREOF, the Declarant has caused this instrument
to be executed all the day and year first above written.
ATTEST- N �..... .
Secretary
(corporate Seal)
pr✓�1
v9
9 v
19
DCM VVILI`•IINGTON, NC
Nov 0 C HIS

C/L CURVE DATA
CURVE 1
CURVE 2 CURVE 3
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CURVE 4
CURVE 5
L 5
CURVE 6
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R . 25ODD'
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RECORDED AND VERIFIED
MARY SUE DOTS
REGISTER OF DEEDS
NEW HANOVER 00. NO
196 JJN 13 PM 4 44
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927.E-•
envpb LOT TO
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20' PAYATE AGLE55 EpSFMEMf
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RED CMANeL
MARKER # 148

2900 JAN ZO PH 3: 56
0 RECORDED A1!O VERIFIED BOOK PACE '
STATB OF NORTH CAROLZNA MARYSUEDOTS
' REOISTEP. O- PECOS 6 9 3 8 7 9COUNTY OF NEW HANOVER t!E(; I!:C"'0S'; r ::p, t!C'
AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR INTRACOASTAL NATCR
H0097
THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR INTRACOASTAL WATCH is made and entered into this
11 day of January, 2000, by Daclar, Inc., a North Carolina
corporation (hereinafter referred to as "Declarant"), David W.
Robinson and wife, Teresa C. Robinson, and Robinson & Associates
Builders, Inc., a North Carolina corporation (hereinafter
referred to as lot owners).
THAT, WHEREAS, Declarant heretofore executed a Declaration
of Covenants, Conditions, and Restrictions for Intracoastal Watch
and caused the same tobe recorded in Book 2044, page 0780 of the
New Hanover County Registry; and
WHEREAS, in accordance with Article IV, Section 2 and
Article Kilt, Section 4, of said Declaration, the Declarant and
lot owners have, because they have greater than three -fourths 3/4
of the eligible votes the right to amend the Declaration.
NOW, THEREFORE, the Declarant and Lot Owners do hereby amend
the Declaration by deleting subsection (i) of Section 4 of
ARTICLE VI, and substituting in place thereof the following
subsection:
11 Stormwater Management: No -more than 4300 -
square feet of any lot shall he covered by structures
and/or paved surfaces, including walkways or patios or
brick, slate or similar materials, but specifically
excluding walkways and decks of wood provided that such
walkways and decks are constructed in such a manner as
to allow stormwater runoff to infiltrate the soil
beneath the same. Filling in or piping of any
vegetative conveyances.(ditches, swales, etc.)
associated with the development, except for average
driveway crossings,. is strictly prohibited by any
persons. Lots within CAMA'S Area of Environmental
Concern may have the permitted built -upon area reduced
due to CANA jurisdiction within the area of
environmental concern. This covenant is intended to
ensure compliance with the Stormwater runoff rules
•" heretofore adopted by the State of North Carolina.
Accordingly, .its provisions may be enforced by the
State of North Carolina. These covenants pertaining to
stormwater regulations may not be changed or deleted
without concurrence of the North Carolina Division of
Water Quality. To the extent the previsions of this
-subsection are inconsistent with the provisions
elsewhere in this Declaration, the provisions of this
subsection shall control.
Except as amended hereby, the Covenants, Conditions and
Restrictions of the Declaration shall retain their full force and
effect.
IN WITNESS WHEREOF, the Declarant and all of the Lot Owners
have caused this instrument to be executed and their seals
affixed all on the day and year first above written.
DACLAR, INC.
%res a t�ob: ns c.l
v188279a 4s�s
REcEiVED
vC WILN1INGT0N, NC
Nov 0 � 2015

BOOK PAGE
?693 0880
Attest:
e e ary
(Corporate Seal)
J
��'pero4:•n
(Attest:
Secretary
o lJ.C.
(corporate seal)
�� •tea
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
President
���� fseall
DAVID A. ROBINSON
TERESA C. ROBINSON
�� yew•
ROBINSON & ASSOCIATES , INC.
By C• ea �
President
I, ///AAi�ia L'. /ii,/nN1 a Notary Public in and for the
county aforesaid do her by certify that a&-rr. a C.
Personally came before me this day and acknowledged that he/she
is Secretary of DACLAR, INC., a North Carolina corporation, and
that by authority duly given and as the act of the corporation,
the foregoing instrument was signed in its name by its President,
sealed with its corporate seal and attested by her/Kim as its
hand and official stamp oi' seal, this the
ary, 2000.
..�` aifl�''..{ }o• i�wySQf ../ Notary p blic
}� •' �'Cem.Q;6ai.O f!S^AreSi
STK1 0W-;`I CM WILMINGTON, VC
STA1�L1?F)%N'NORTR CAROLINA�
COUNTY OF NEW HANOVER n
I i//aa%ia /1. i%-.,JgEV , a Notary Public for the county Moo 0 20I5
and state aforesaid do hereby certify that David W. Robinson and
Wife, Teresa C. Robinson personally appeared before and
acknowledged the due execution of the foregoing instrument.

Boor PACE
2693 0881
my hand and official Seel this the -20 day of
y'a" /' � _
Notary P lic
Expires: `iYuc 2380' J/Yl/
4WATE;-%' WRTH CAROLINA
,QQV VV F NEW HANOVER
a Notary Public in and for
the county aforesa i9 do ereby certify that 'Jae.o R_n
personally came before me this day and acknowledged that he/she
is Secretary of ROBINSON a ABBOCIATEB, BUILDERS, INC., a North
Carolina corporation, and that by authority duly given and as the
act of the corporation, the foregoing instrument was signed in
its name by its President, sealed with its corporate seal and
attested by her/him as its secretary.
Witness my hand and official stamp or seal, this the .2(+
day of January, 2000.
///mow �An.��
Notary Pu ilYl c
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
The foregoing Certificate(s) of w)IQ71iii/! l�.!'MUSYAI/
Notary Public, is certified to be correct—T(} s i� nstr, ent and,
this certificate are duly registered at the date and time and in
the Book and Page shown on the first page hereof.
This the. c--W day of r rvar .r
SMOM Register of Deeds for New Hanover County
RECEIVED
DCM WILMINGTON, NC
NOV 062015

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FOR REGISTRATI
B0860 PG:322
NG REV STI
15311 i
.L WARRANTY DEED
GISTER OF DEEDS
return to IS" Price
❑ If checked, a., des die primary residence of at least one of the parties depicted as part), of the
first pa t. (N.C. Gen. Stat. y, r.2)
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
THIS SPECIAL WARRANTY DEED, made and entered into this the 29th day of
December,2014, by and between.SOUTHERN BANK AND TRUST COMPANY, successor by
merger to The Heritage Bank, having an address of 116 East Main Street, mount Olive, North
Carolina 28365, party of the first part; and ANTHONY T. DOMBROSKI, JR. and ANN M.
DOM13ROSKL having an address of 1632 Soundwatch Drive, Wilmington, North Carolina
28409, party of the second part;
WITNESSE'TH:
That the party of the first part in consideration of the sum of Ten and 00/100
Dollars ($10.00) and other good and valuable consideration paid to the party of the first part by
the party of the second part, the receipt and sufficiency of which hereby are acknowledged, has
granted, bargained, sold and conveyed and by these presents does grant, bargain, sell and convey
unto the party of the second part, said party's successors and assigns, the following described
property to wit:
Prepared by: 'WARD AND SMITH, P.A., 120 West Fire Tower Road, Post Office Box 8088;
Greenville, NC 27835-8088 Attention Kimberly E. Lee, Esq.
No opinion on title is rendered by WARD AND SMITH, P.A., without a separate written pinion on
C:1 s
tide from WARD AND SMITH, P.A. i VEDDCM WILMINGTON, NC
NOV 0 6 2015

Generally described as certain real property, with any and all
improvements thereon, located in New Hanover County, North
Carolina, and being more particularly described as follows:
BEING all of Lot 8, Intracoastal Watch as the same is shown on a map
recorded in Map Book 36, Page 27, of the New Hanover County Registry,
reference to which is hereby made for a more particular description.
TOGETHER with a portion of a twenty foot -wide access easement
crossing Lot 9 of Intracoastal Watch for the benefit of Lot 8 Intracoastal
Watch as recorded in Map Book 37 at Page 329.
Together with all additional rights, title, and interests of Grantor conveyed
and described in the Trustee's Deed recorded in Book 5568, at Page 645 in
the office of the Register of Deeds of New Hanover County.
This is the same property described in the Trustee's Deed recorded
in Book 5568, at Page 645 in the office of the Register of Deeds of
New Hanover County.
TO HAVE AND TO HOLD said property and all privileges and appurtenances
thereunto belonging to the party of the second part, said party's successors and assigns, forever.
And the party of the first part covenants that said party has done nothing to impair
such title to the aforesaid property as was received by said party and agrees to warrant and
defend the title to said property against the lawful claims of all persons claiming by, through or
under said party, except for any restrictions and encumbrances set forth above, but no further.
IN TESTIMONY WHEREOF, the party of the first part has caused this
instrument to be executed with authority duly given in such form as to be binding, this the day
and year first above written.
SOUTHERN BANK AND TRUST COMPANY
By &,'e M�'/'
Printed Name: * A/ F�`LLLd S 1317&
Position: � 1I G J GAj
OCPA V11; ,AlJ 1GT:0i�1, ,NIC;
NOV R Si 2015

IAV
dt, COUNTY
NORM CAROLINA
I certify that the following person personally appeared before me this day and
acknowledged to me that be/she signed the foregoing document for the purpose
stated therein and in the capacity indicated therein: Lilts Jr. as
EV10 /'C 1=0 on behalf of Southern Bank and Trust Company
Date 1A
(Official Seal)
""059100,0P
QaaPyo
V E p °P
e°,ae,
Q s
0
COU0.,
tPPtP]POIPBD®!0
760390-00373
ND: 4817-8575-6193, v. 1
SignaturelbrNotaq Public
Peggy 6. Av-ks Notary Public
Printed or t�+ped name
My commissionexpires: - S-s=Rolip
RECEIVED
DWI WILMINGTOi 1, NC
NOV 0 8 2015

MODEL DECLARATION OF RESTRICTIONS
August, 2003
STATE OF NORTH CAROLINA
140. RAPOV(t COUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS; and
RESTRICTIONS (" n+l►+ ") is made on this _ate day of Mo. ,
200_, by [NAME AND ADDRESS OF DECLARANTJ "Declarant"). Q
RECITALS & CONSERVATION -PURPOSES
A. Declarant is the sole owner in ' fee simple of the certain Conservation
Property (Property) being approximately 1 acres, more particularly, described in
Exhibit A attached hereto and by this reference incorporated herein [reference to a
recorded map showing a survey of the preserved area may be required]; and
B. The purpose of this Conservation Declaration is to maintain wetland and/or
riparian resources and, other natural values of the Property, and prevent the use or
development of the Property for any purpose or in any -manner that would conflict with
the maintenance of the Property in its natural condition. -The preservation of the Property
in its natural condition is a condition of Department of the Army permit Action ID
SAr1-LNG-a►tAt•OWissued by the Wilmington District Corps of Engineers (Corps), required
to mitigate for unavoidable, impacts to waters of the United States authorized by that
permit,'and this Conservation Declaration may therefore be enforced by the United States
of America.
NOW, TBEREFORE the Declarant hereby unconditionally, and irrevocably declares that
the Property shall be held and subject -to the following restrictions, covenants and
conditions as set out herein, to run with the subject real property and be binding on all
parties that have or shall have any right, title, or interest in said property.
ARTICLE 1. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purposes of this
Conservation Declaration is prohibited. The Property shall be maintained in its natural,
scenic, and open condition and restricted from any development or use that would impair

ggillilml,
FOR REGISTRATION REGISTER OF DEEDS
JENNIFER H. MACNEISH.
NEW HANOVER COUNTY, NC
2009 MAY 0710:45:49 AM
BUM PG:2495-2504 FEE135.00
INSiIRT # =121
Ate p
��STI�I C i )Q3W S-

or interfere with the conservation purposes of this Conservation Declaration set forth
above.
Without limiting the.generality of the foregoing, the following activities and uses are
expressly prohibited or restricted.
A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Property or any introduction of non-native
plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement, billboard or other advertising display,
antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or
Permanent structure or facility on or above the Property.
C. Industrial. Commercial and Residential Use Industrial, residential and/or
commercial activities, including any right of passage for such purposes are prohibited.
D. Agricultural. Grazing and. Horticultural Use Agricultural, grazing, animal
husbandry, and horticultural use of the Property are prohibited;
E. Vegetation. 'There shall be no removal, burning, destruction; harming, cutting
or mowing of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be'no'construction of roads, trails or walkways
on the property.
'G. Signage. No signs shall be permitted on or over, the Property, except the
posting of no trespassing signs, signs- identifying the conservation values of the Property,
signs giving directions or proscribing rules and regulations for the use of the Property
and/or signs identifying the Grantor as owner of the property.
H. Dumping or Storage Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxieor
hazardous waste, or airy placement of underground or aboveground storage tanks or other
materials on the Property is prohibited.
I. Excavation. Dredging or Mineral Use There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any manner
on the Property, except to restore natural topography or drainage patterns.
J. Water Ouality and Drainage PatternThere shall be no diking, draining,
dredging, channelingjilling, leveling, pumping, impounding or related activities; or
altering or tampering with water control structures or devices, or disruption or alteration
of the restored, enhanced, or created drainage patterns. In addition, diverting or causing

or permitting the diversion of surface or underground water into, within or out of the
easement area by any means, removal of wetlands, polluting or discharging into waters,
springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or
extinguished by this Conservation Declaration shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or
may become inconsistent with the purposes of this grant, the preservation of the Property
substantially in its natural condition, or the protection of its environmental systems, is
prohibited.
ARTICLE IL ENFORCEMENT & REMEDIES
A. This Declaration is. intended to ensure continued compliance with the
mitigation condition of authorizations issued by the United States of America, U.S. Army
Corps of Engineers, Wilmington District, and therefore may be enforced by the United
States of America. This covenant is to ran with the land and shall be binding on all
parties and all persons claiming under the Declarant.
13. Corps, its employees and agents and its successors and assigns, have the
right, with reasonable notice, to enter the Property at reasonable times for the purpose of
inspecting the Property to determine whether the Declarant, Declarant's representatives,
or assigns are complying with the, terms, conditions and restrictions of this Conservation
Declaration.
C. Nothing contained in this Conservation Declaration shall be construed to
entitle Corps to bring any action against Declarant for any injury or change in the
Conservation -Property caused by third parties, resulting from causes beyond the
Declarant's control, including, without limitation, fire, flood, storm, and earth movement,
or from any prudent action taken in good faith by the Declarant under emergency
conditions to prevent, abate, or mitigate significant injury to life, damage to Property or
harm to the Property'resulting from such causes.
ARTICLE III. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right to
enter the Property for any purpose whatsoever.

ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition. The Declarant represents and
acknowledges that the Property is currently undeveloped land, with no" improvements
other than any existing utility lines, Declarations and rights of way.
B. Title, The Declarant covenants and represents that the Declarant is the
sole owner and is seized of the Property in fee simple and has good right to make the
herein Declaration; that there is legal access to the Property, that the Property is free and
clear of any and all encumbrances, except Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose.
(1) Declarant, for.itself, its successors and assigns, agrees that this
Conservation Property shall be held exclusively for conservation purposes.
B. Entire A,smeement. This instrument sets forth the entire agreement of the
parties with respect to the Conservation Declaration and supersedes all prior discussions,
negotiations, understandings or agreements relating to the Conservation Declaration. If
any provision is found to be invalid, the remainder of the provisions of this Conservation
Declaration, and the application of such provision to persons or'circumstan ces other than
those as to which it is found to be invalid, shall not be affected thereby.
C: Recordine. Declarant shall record this instrument and any amendment
hereto in timely fashion in the official records ofhlpa SCR County, North Carolina,
and may re-record it at any time as may be required to preserve its rights.
D. Environmental, Condition of Conservation Property. The Declarant
warrants and represents that to* the best of its knowledge after appropriate inquiry and
investigation:, (a) the Property described herein is and at all times hereafter will continue
to be in full compliance with all federal, state and local environmental laws and
regulations, and (b) as of the date hereof there are no hazardous materials, substances,
wastes, or environmentally regulated substances (including, without limitation, any
materials containing asbestos) located on, in or under the Property or, used in connection
therewith, and that there is no environmental condition existing on the Property that may
prohibit or impede use of the Property for the purposes set forth in the Recitals. '
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and
year first above written.
[Signature of Declarant in proper form)

ARTICLE IV, DOCUMENTATION AND TITLE
A. Conservation Property Condition. The Declarant represents and
acknowledges that the Property is currently undeveloped land, with no improvements
other than any existing utility lines, Declarations and rights of way.
B. Title. The Declarant covenants and represents that the Declarant is the
sole owner and is seized of the Property in fee simple and has good right to make the
herein Declaration; that there is legal access to the Property, that the Property is free and
clear of any and all encumbrances, except Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose.
(1) Declarant, for' itself, its successors and assigns, agrees that this
Conservation Property shall be held exclusively for conservation purposes.
B. Entire. Agreement. This instrument sets forth the entire agreement of the
parties with respect to the Conservation Declaration and supersedes all prior discussions,
negotiations, understandings or agreements relating to the Conservation Declaration. If
any provision is found to be invalid, the remainder of the provisions of this Conservation
Declaration, and the application of such provision to persons or circumstances other than
those as to which it is found to be invalid, shall not be affected thereby.
C. Recording. Declarant shall record. this instrument and any amendment
hereto in timely fashion in the official records of $)AN {i wscf.. County, North Carolina,
and may re-record it at any time as may be required to, preserye its rights.
D. Environmental Condition of Conservation Property. The Declarant
warrants and represents that to the best of its knowledge after appropriate inquiry and
investigation: (a) the Property described herein is and at all times hereafter will continue
to be in full compliance with all federal, state and local environmental laws and
regulations, and (b) as of the date hereof there are no hazardous materials, substances,
wastes, or environmentally regulated substances (including, without limitation, any
materials containing asbestos) located on, in or under the. Property or used in connection
therewith, and that there is no environmental condition existing on the Property that may
prohibit or impede use of the Property for the purposes set forth in the Recitals;
IN WITNESS WHEREOF, Declarant has hereunto set, his hand and seal, the day and
year first above written.
_day of

Legal Description
For
Wetland Preservation Area
on
Lot 8 Intracoastal Watch
Masonboro Township, New Hanover County, North Carolina
Property Address *1632 Sound Watch Drive
(Parcel #RU7912-007-009-000)
Commencing from iron pipe found on the Right of Way of Sound Watch Drive (45' Wide
Private Right of Way); said Iron pipe also being the common comer of Lot #8 and Lot #9 of
Intracoastal Watch (Map Book 36 Page 27)j thence from said commencing point leaving
said, Right of . Way along said common Ilne • South 01054'20" West 17.35, thence
continuing along said line South 56058'17" East 140.671 to a point; thence leaving said
common line crossing said Lot #8 South'30057 57" West 98.12' to' point on the Northern
line of Alaysa & Brian Bostick; thence along the'common line of said Lot #8 and said Bostick
IineNorth 59002'03" West •181.97' to a point on the Eastern side of a 15' Drainage
Easement; said point being 15.0W from the common comer of Lot #7 and Lot #8 of said
Map_ Book 36 Page 27; thence 9eaving said Bostick line along the'eastem edge of said
Drainage Easement North 30°16'26^'East 91.66' to a point on the Southern Right of Way
of Sound Watch Drlve;.thence along a curve to the left having a radius of 50.00' and a
central angle of 47035'24" (said curve having no tangency to -the line coming in) a Chord
Bearing-North-88°18'15" East. and Chord Distance of 40.36' to the Commencing -Point.
Above Preservation Area containing 18,023 Square Feet,,0.41+/-Acres and being the same
as shown, on a map. prepared by Danford and Associates Dated- January 13, 2009. Basis of
Bearings for legal description Is Map Book 36 Page 27. .
r
11111111, 11I,
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LEGAL DESCR"ON WRMEN BY DANFORD& ASSOCIATES SURVEYING

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THI5 MAP LS NOT A CWIRm SURVEY
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ANO HAS NOT SEN REVRV/W BY
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LOCAL GOVERNMENT AGWCY MR
A CHANGE IN THE LAW OR OUR PIIDUM PMUTAVON5. 1H5 DEIlm"TION Of5xnOR
COMPLIANCE WITH ANY APPUGABLE
LANE) DMOPMWT RM"MONS.
404 JURWCITON MAY BE RNED UPON FORA PPRATD Of RVE 1TAR WM THS DAM
fAGNATURE Of U. 5. ARMY CORPS O• ENUCB6 OfNON.
DATE OfNGNATUR.E
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7.95'
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1 7.59 1 50.00
I
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PROPOSED
EASEMENT LOT 9
WLOCATION
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LEGEND
Q - EKISTWG IRON rM
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EXHIBIT MAP FOR WEfL ND PRESERVATION JANUAKY 13, 2009
DANF"ORD wf u. aKR' CL ARKE 51 EAK� 50 O 30 GO 120
&ASSOCIATES a"`•
L�No euaveLTNa. r.c .�.ala�l.�a, I G32 50UNDWATCH DRIVE LOT 8 INTRACOA5TAL WATCH
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MA5ONBOR0 TOWN5HIP NEW HANOVER ® COUNTY, N.C. I INCH 60
= FEET
o1DlWppf A9500ATL9lIl+D SURVMNc,a

MacPherson, Tara
From: Rudy Dombroski <[e-mail]>
Sent: Wednesday, October 28, 2020 9:37 AM
To: MacPherson, Tara
Subject: FW: [External] FW: Pre -Filing Meeting Request Acknowledgement - 1632 Sound Watch
Dr. - 20071979 Ver 3
Tara
I received this from Robb. I am not sure what documentation he is referring to?
Sorry to bother I know you are on vacation and I hope you are having a great time.
From: Mairs, Robb L <[e-mail]>
SentMednesday, October 28, 2020 9:25 AM r
To: Rudy Dombroski <[e-mail]>
Subject: RE: [External] FW: Pre -Filing Meeting Request Acknowledgement - 1632 Sound Watch Dr. - 20071979 Ver 3
Hey Rudy,
I have received your pre -filing request, which satisfies the new 401 rule requirement, so include that documentation
into your CAMA Major Permit application to Tara MacPherson's attention.
Thanks,
Robb Mairs
Environmental Specialist II
Division of Water Resources
North Carolina Department of Environmental Quality
910 796.7303 office
permits
127 Cardinal Drive Extension
Nl:. ib4UD
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Rudy Dombroski [mailto:rudvgatdbuildinggroup coml
Sent: Wednesday, October 28, 2020 8:16 AM

To: Mairs, Robb L <[e-mail]>
Subject: RE: [External] FW: Pre -Filing Meeting Request Acknowledgement -1632 Sound Watch Dr. - 20071979 Ver 3
Robb
Do you have time for a quick call today?
From: Mairs, Robb L<[e-mail]>
Sent: Tuesday, October 20, 2020 4:02 PM
To: Rudy Dombroski <[e-mail]>; MacPherson, Tara <[e-mail]>
Subject:RE: [External] FW: Pre -Filing Meeting Request Acknowledgement - 1632 Sound Watch Dr. - 20071979 Ver 3
Rudy,
This is all I'll need for the pre -filing request to the NC Division of Water Resources.
Thanks,
Robb Mairs
Environmental Specialist II
Division of Water Resources
North Carolina Department of Environmental Quality
910.796.7303 office
robb. mairs(a.ncdenr.gov
https•//deg nc eov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer-
ep rmits
127 Cardinal Drive Extension
Wilmin ton, NC 26405
�Y Y
l
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Rudy Dombroski fmailto:[e-mail]]
Sent: Tuesday, October 20, 2020 3:34 PM °
To: MacPherson, Tara <[e-mail]>; Mairs, Robb L<[e-mail]>
Subject: [External] FW: Pre -Filing Meeting Request Acknowledgement -1632 Sound Watch Dr. - 20071979 Ver 3
Tara
I am working on getting the green slips for the certified mail deliveries. Attached is my Pre -Filing Meeting Request.
2

ID#* 20071979 Version* 3
Regional Office *
Wilmington Regional Office - [phone]
Reviewer List*
Robb Mairs
Pre -Filing Meeting Request submitted 10/15/2020
Contact Name *
Anthony Dombroski
Contact Emall Address
[e-mail]
Project Name *
1632 Sound Watch Dr.
Project Owner*
ATD Construction
Project County*
New Hanover
Owner Address:
Street Address
1632 Sound Watch Drive
Address Line
CRY
Stale/ Ro+ince/ Fbjin
Wilmington
NC
Postal / Zip facto
o"hy
26409
United States
Is this a transportation project? * O Yes 0 No
Type(s) of approval sought from the DWR:
12 401 Water Quality Certification- ❑ 401 Water Quality Certification -
Regular Egress
❑ Individual Permit ❑ Modification
❑ Shoreline Stabilization
Does this project have an existing project ID#?*
O Yes No
Please list all existing project IO's associated with this projects.*
DWR #2007-1979
Do you know the name of the staff member you would like to request a meeting with?
Robb Mairs
Please give a brief project description below.*
RECEIVED
OCT 21 M 1
t)CM WILMINGTON, NC

Signature
Submittal Date 10/15/2020
RECEIVED
OCT 21 2020
'0Cu1 WILi19!lN�S�t41„ .N�

Water Resources
ENVIRONIIENTAL QUALITY
PAT MCCRORY
f WITT"I"
DONALD R. VAN DER VAART
.4rn•pgr
S. JAY ZIMMERMAN
January 11, 2015
New Hanover County
DWR Project: 07-1979v2
ATD Construction
Mr. Anthony Dombroski III
2900 Middle Sound Loop Road
Wilmington NC 28411
Subject Property: 1632 Sound Watch Drive - Wilmington
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Dombroski,
You have our approval, in accordance with the attached conditions and those listed below, to
impact. 0.091 acres (3,946 square feet) of 404 wetlands to construct a single family residence and
a private docking facility as described within your application received by the Division on
December 1, 2015. After reviewing your application, we have decided that the impacts are covered
by General Water Quality Certification Number 3900. (GC 3900).
You should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control,
Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration
of the 404 Permit. This Certification can also be found on line at:
hU://polial.,ncdeur.orgLweb/wg/Swp/ws/401/Geitsandperiilits.
This approval is 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. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, wner must be
given a copy of this approval letter and General Certification and is r*Wv9pcomplying
SEP 2'1 2020
Slate of North Cmolma I Envuounantal Qualityl WaterRcsouces
1611 Mail service center I Raleigh, Nmth Cmolina 27699.1611 DCM WILMINGTON, NC
9197079000

e '
1632. Sound Watch Drive
New Hanover County
2007-1979v2
with all conditions. Any new owner must notify the Division and request the Certification be
issued in their name {15A NCAC 02H .0501 and .0502).
2. Primary Nursery Area
Please understand that the waters around your project area have been identified by the
Division of Marine Fisheries as Primary Nursery Area (PNA). Should the need for
dredging within the proposed project area arise in the future, please be aware that new
dredging within a PNA is not allowed under 15A NCAC 02B .0221 and is a degradation
of water quality standards and therefore considered a water quality violation.
Any final construction plans for this project must include or reference the application and
plans approved by the Division under this authorization letter and certification. The
applicant will also be required to evaluate all acquired permits to assure that they are
consistent and all relative impacts are accounted for and shown on the construction plans.
[15A NCAC 02H .0502 (b) and 15A NCAC 02H.0506(4)] The applicant shall require his
contractors (and/or agents) to comply with all of the terms of this Certification, and shall
provide each of its contractors (and/or agents) a copy of this Certification.
4. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion
control practices must be used to meet this standard. Turbidity curtains shall be used as
appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215
5. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the Iife of the project,
regardless of the expiration of this Certification.
6. The pemrittee shall require its contractors and/or agents to comply with the terms 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 a
copy of this certification. A copy of this certification including all conditions shall be
available at the project site during the construction and maintenance of this project. [I SA
NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
7. Continuing Compliance:
The applicant/petmittee and their authorized agents shall conduct all activities in a
manner consistent with State water quality standards (including any requirements
resulting from compliance with 303(d) of the Clean Water Act), and any other.
appropriate requirements of State and Federal law. If the Division determines that such.
standards or laws are not being met, including failure to sustain a designated or achieved

1632 Sound Watch Drive
New Hanover County
2007-1e 79v2
use, or that State or Federal law is being violated, or'that further conditions are necessary
to assure compliance, than the Division may reevaluate and modify this General Water
Quality Certification. [15A NCAC 02H .0507(d)]
8. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the
Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington
Regional Office at 910.796.7215 and after hours and on weekends call (Boo) 85e-0368.
Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and
(c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A].
9. 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 15ANCAC 02B .0200 (3)(f)].
10. This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours 15A NCAC 02H.0502(e).
11. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant and/or
authorized agent is required to return a completed certificate of completion form to the
NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617
Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The
certification of completion is available at:
http•//portal ncdenr ore/web/Wc/sivp/ws/401/certsandoemiits/apply/forms).
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit.
This approval and its conditions are final and binding unless contested.
'This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAR 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
OAR. A petition is considered filed when the original and one (1) copy along with any

1632 Sound Watch Drive
New Hanover County
2007-1979v2
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00 am and 5:00 pm, 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
One (1) copy of the petition must also be served to DEQ:
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Resources under Section 401 of the
Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central
Office in Raleigh at 919.807.6364 or Jennifer.Burdette aaicdenr.aov or Chad Coburn in the
DWR Wilmington Regional Office at 910.796.7379 or [e-mail].
Sincerely,
Jim a on, Regional Supervisor
Water ality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC 3900
cc: Tyler Crumbley -• USACE Wilmington Regulatory Field, Office
Heather Coats — DCM Wilmington
WiRO

yyS�� SL 5i4
Water Resources
eNVIOONDIENTAL OUALITY
DWR Project No: County:
Applicant:
Project Name:
401 Water Quality Certification Issued Date:
Certificate of Completion
PAT MCCRORY
l Ni1t]mf
DONALD R. VAN DER VAART
Xr.rram�
S. JAY ZIMMERMAN
i life, I,,,
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the DWR
401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
1, . hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
1, . hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified professional
1, as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such
that the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Date:
State ofNDrth Carolina I En%jr0=Mtal Qoelityl WalaResoonxa
1611 Mail service Coro- I Raleigh, North Carolina 27699-1611
919 707 900D

Water Quality 'Certification No. 3900
CAMA PERMIT CERTIFICATION
Water Quality Certification Number 3900 is issued in conformity with the requirements of Section
401, Public Laws 92-500 and 95-217 of the. United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15A NCAC 02H .0500 and 15A NCAC 028 .0200
for the discharge of fill material to Waters and wetland areas as described In General Permits
198000291, 196000048, 198700056, 197800080, 197800126, and 198200277, Nationwide
Permits 3, 12, 13, 14, 18, 27, 29, 33, 35, 39, and 43, and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 02B .0200.
The State of North Carolina certifies that the specified category of activity will riot violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted In accordance with the conditions hereinafter set forth.
Activities meeting any one (1) of the following thresholds or circumstances require' written
approval for a 401 Water Quality Certification from the Division of Water Quality (the
"Division"):
a) Activities authorized by CAMA major permits, except:
i. Boat Ramps and associated access (Le. roads and parking lots) that involve'the
excavation or filling of less than 500 square feet total of wetland and open water
area, with the exception that the excavation or filling of coastal wetlands may not
exceed 100 square feet;
H. Shoreline protection measures that tie into existing bulkheads, land or other
shoreline protection measures or do not extend waterward of the normal high water
fine .or -normal water level more than 10 feetprovided that the activity.will not-. -
involve the excavation or filling of any SAV or significant shellfish resources as
Identified by the Division of Marine Fisheries and Impacts less than 500 square feet
total of Wetland, with the exception that the excavation or filling of coastal wetlands
may not exceed 100 square feet;
lit. Piers and docks designed to accommodate up to but not exceeding 10 vessels .
(except where prohibited in ORW Waters as defined In 15A NCAC
026.0225.(7)&(8)) and where the water depth Is,equal to or -greater than two feet of
water at normal low water.level or normal water level (whichever is applicable);
iv. Maintenance dredging of less than 0.5 acres of open water or non -vegetated
wetlands provided that the applicant can provide documentation showing the
historic dimensions of the dredged channel, and no Submerged Aquatic Vegetation
or shellfish beds are excavated or filled;
v. Projects that involve only shading of waters or wetlands;
vi. Utility lines, except wastewater lines and potable water discharge lines which are
subject to an NPDES Permit, as long as wetland or water impacts are temporary;
vii. Upland development which Involves no more than Ill of an acre of excavation or
filling of non -coastal wetlands, with the exception than no, more than 2,0.p0 square
feet of the non -coastal excavation or filling may take place within a Coastal
Shoreline Area of. Environmental Concern (AEC), For the purposes of this area
calculation, the excavation or filling Impacts of the entire project must be
cohsidered, which may Include boat ramps, bulkheads or other shoreline
RECEIVED
Water Quality Certification No. 3900
SEP 2 q 2020
DCM WILMINGTON, NC

Water Quality Certification No. 3900
stabilization measures. The applicant must comply with all applicable coastal
stormwater rules;
viii. Single family home construction that results in fill of 404 wetlands as long as
written concurrence is not required from DWQ for the applicable Corps of
Engineers Nationwide Permit; or
b) Any'stream relocation; or
c) . Any impact associated with a Notice of Violation or an enforcement action for violation(s)
of DWQ Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H
.1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC
02B .0200); or
d) Any impacts to streams and/or buffers in the Nauss or Tar -Pamlico River Basins (or any
other basin or watershed with Riparian Area Protection Rules [Buffer Rules] in effect at
the time of application) unless the activities are listed as "EXEMPT" from these rules or a
Buffer Authorization Certificate is issued through N.C. Division of Coastal Management
(DCM) delegation for "ALLOWABLE" activities.
In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401
Water Quality General Certification must include the appropriate fee. If a project also requires a
CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the
two fees,
Activities Included in this General Certification that do not meet one of the thresholds
listed above do not require written approval from the Division as long as they comply with
the Conditions of Certification listed below. Activities authorized by Coastal Area
Management Act (CAMA) General Permits do not require written approval from the
Division as long as they comply with the Conditions of Certification listed below. If any of
these Conditions cannot be met, then written approval from the Division Is required.
Conditions of Certification:
1. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use
of this Certification
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the fo5tp-rinf of'tKe impacts depicted in the Pre-Construduon'Notificatioh; as '
authorized in the written approval from. the Division or beyond the thresholds established for
use of this Certification without written authorization; Including Incidental impacts. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices shall be performed so that no
violations of state water quality standards, statutes, or rules occur. Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of this
permit.
2. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design. installation and operation and maintenance of such Best
Management Practices and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a) Design, Installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the most
recent version of the --North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and'viaste pile (spoil) projects,
including contractor -owned or leased borrow pits assoclated with the project.
Water Quality Certification No. 3900

Water Quality Certification No. 3900
b) For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
c) Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d) Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
e) if the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
SA, WS-I, WS-II, High Quality (HQW), or Outstanding Resource (ORW) waters, then the
sedimentation and erosion control designs must comply with,the requirements set forth
in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds.
3. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of.temporary erosion control measures shall not be
conducted In a manner that may result in dis-equilibrium of wetlands, siream beds, or banks,
adjacent to or upstream and downstream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the
date that the Division of Land Resources (DLR) or locally delegated program has released
the specific area within the project.
4. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your project
I* covered byJbis permit, full compliance with permit Conditions including the erosion &
sedimentation control plan, Inspections and maintenance, self-monl(oring, record keeping'
and reporting requirements Is required. A copy of the general permit (NCG010000),
Inspection log sheets, and other Information may be found at
httn:HDortil. ncdenr. ora/web/wa/ws%sulnodessw#tab-w .
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions, related to construction activities within the most recent version
of their Individual NPDES (NCS000250) stormwater permit. '
5. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of other
state or federal agencies and coordinated with these activitles.
All moratoriums on construction activities established by the NO Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen Impacts on trout, anadromous
fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium.
Water Quality Certification No. 3900

Water Quality Certification No. 3900
Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, andfor DMF personnel.
6. Dredging shall not cause Shellfish Closures
The effluent water from the dredge spoil should not be released into open she waters.
Shellfish Sanitation and the Division of Water Quality must be notified if this is to occur.
. 7. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
Exceptions to this condition require application submittal to and written approval by the
Division.
8. Riparian Area Protection (Buffer) Rules
Activities located in the protected riparian areas (whether jurisdictional wetlands or not),
within the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan, or
Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall,be limited
to "uses' Identified within and constructed In accordance with 15A NCAC 02B .0233, .0259,
.0243, .0250, .0267 and .0605, and shall be located, designed, constructed, and maintained
to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices. All buffer rule requirements, including diffuse
flow requirements, must be met.
9. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/ fish kills.
10. Compensatory Mitigation
In accordance with 15A NCAC 02H .0506 (h), compensatory mitigation may be required for
losses of equal to or greater than 150 linear feet of streams (intermittent and perennial)
and/or equal to or greater then one (1) acre of wetlands. For linear public transportation
projects, Impacts equal to or exceeding 150 linear feet per stream shall require mitigation.
Buffer mitigation may be required for any project with Buffer Rules in effect at the time of
application for activities classified as "Allowable with Mitigation" or "Prohibited" within the
Table of Uses.
A determination of buffer, wefland, and stream mitigation requirements shall be made for any
General Water Quality Certification for this Nationwide and/or Regional General Permit.
Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington
District Stream Mitigation Guidelines (April 2003) or its subsequent updates. Compensatory
mitigation plans shall be submitted to the Division for written approval as required In those
protocols. The mitigation plan must be implemented and/or constructed before any Impacts
occur on site, Alternatively, the Division will accept payment into an In -lieu fee program or a
mitigation bank. In these cases, proof of payment shall be provided to the Division before
any impacts occur on site.
Water Quality Certification No. 3900

Water Quality Certification No. 3900
11. Placement of Culverts and Other Structures in Waters and Wetlands
Culverts required for this project shall be designed and installed' In such a manner that the
original stream profiles are not altered and allow for aquatic life movement during low flows.
Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters and streams must be below the
elevation of the streambed by one fool for all culverts with a diameter greater than 48'inches,
and 20 percent of the culvert diameter for culverts having a diameter less than or equal to 48
inches, to allow low flow passage of water and aquatic life.
When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not
required, provided that all alternative options for flattening the slope have been Investigated
and aquatic life movement) connectivity has been provided when possible (rock ladders,
crossvanes, etc). Notification to the Division including supporting documentation to Include a
location map of the culvert, culvert profile drawings, and slope calculations shall be provided
to the Division 60 days prior to the Installation of the culvert.
When bedrock is present in culvert locations, culvert buriafis not required provided that there
is sufficient documentation of the presence of bedrock. Notification to the Division including
supporting documentation such as, but not limited to, a location map of the culvert,
geotechnical reports, photographs, etc shall be provided to the Division a minimum of 60
days prior to the installation of the culvert. If bedrock is discovered during construction, then
the Division shall be notified by: phone or email within 24.hours of discovery.
If other site -specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application submittal
to, and written approval by, the Division of Water Quality, regardless of the total impacts to
streams or wetlands from the project.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways, or ottier fill projeotsare constructed, acfoss' FEMA=deslg'nated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain
the natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams or Wetlands,
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable Instead of riprap or other bank hardening
methods.
12. All temporary rill and culverts shall be removed and the Impacted area returned to natural
conditions within 60 days of the determination that the temporary impact is no longer
necessary. The Impacted areas shall be restored to original grade, Including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal, bed and bad profile,
and the various sites shall be stabilized with. natural woody vegetation (except for the
approved maintenance areas) and restored to prevent erosion.
13. All temporary pipes/ culverts/ riprap pads etc, shall be installed in all streams as outlined in
the most recent edition of the North Carolina Sediment and Erosion Control Planning and,
Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream flow
or cause dis-equillbrium during use of this General Certificatlon,
Water Quality Certification No. 3900

Water Quality Certification No, 3900
14. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall buried and/or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained. Placement of rip -rap or
other approved materials shall not result In de -stabilization of the stream bed or banks
upstream or downstream of the area,
15. Any rip -rap used for stream stabilization shall be of a size and density so as not to be able to
be carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants. Rlp-rap shall not be Installed In the streambed
except in specific areas required for velocity control and to ensure structural Integrity of bank
stabilization measures.
16. If this Water Quality Certification is used to access building sites, then all lots owned by the
applicant must be buildable without additional impacts to streams or wetlands. The applicant
is required to provide evidence that the lots are buildable without requiring additional impacts
to wetlands, waters, or buffers if required to do so in writing by the Division. For road
construction purposes, this Certification shall only be utilized from natural high ground to
natural high ground.
17. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters, and protective buffers within the project boundaries In order to assure
compliance for future wetland, water, and buffer Impact. These mechanisms shall be put in
place at the time of recording of the property or of individual lots whichever is appropriate. A
sample deed notification can be downloaded from the Division's web site at
http•/portal ncdenr org/web/wgtswp/wsl401/certsandp6rmitslapply/forms. The text of the
sample deed notification may be modified as appropriate to suit to a'specific project,
Documentation of deed notifications shall be provided -to the Divislon upon request.
18. If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No
Significant Impact (FONSipor Record of Decision (ROD) is Issued by the State
Clearinghouse.
19. in the twehty (20) coastal countles, the appropriate DWQ Regional OfFlce"must Be contacted
to determine if Coastal Stormwater Regulations will be required.
20. This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
21. The applicant/permittee and their authorized agents shall conduct all activities in a manner,
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
221. When written authorization is required for use of this certifloation, upon completion of all
permitted impacts included within the approval and any subsequent modifications; the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1660 Mail
Service Center, Raleigh, NC, 27699-1650.
23. Additional site -specific conditions, including monitoring and/or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Water Quality Certification No. 3900
0

Water Quality Certification No. 3900
Certification in order to ensure compliance with all applicable water quality and effluent
standards.
24. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
This General Certification shall expire.on the same day as the expiration date of the
corresponding Nationwide and/or Regional General Permit. The conditions in effect on the date
of issuance of Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.
Non-compliance with or violation of the conditions herein set forth by a specific project may result
in revocation of this General Certification for the project and may also result in criminal and/or civil
penalties.
The Director of the North Carolina Division, of Water Quality may require submission of a formal
application for Individual Certification for any project In this category of activity If it is determined
that the project is likely to have a significant adverse effect upon water quality, including state or
federally listed endangered or threatened aquatic species, or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or, group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 19, 2012
DIVISION OF WATER QUALITY
By
Charles Waklld, P.E. '
Director
History Note: Water Qualify Certification (WQC) Number 3900 Issued March 19, 2012 replaces
WQC Number 3641 and 3642 issued March 19, 2007; WQC Numbers 3371 and 3400 issued
March 18, 2002; WQC Number 3274 issued June 1, 2000; WQC Number 3112 issued February
11, 1997; and WQC Number 3025 issued September 6, 1995. This General Certification Is
rescinded when the Corps of Engineers reauthorizes any of the corresponding Nationwide and/or
Regional General Permits or when deemed appropriate by the Director of the Division of Water
Quality.
Water Quality Certification No. 3900

NEW HANOVER COUNTY
PLANNING & INSPECTIONS DEPARTMENT
230 GoVERN\IENT CENTER DRIVE, SUITE 110
tVILMINGTON, NORTH CAROLINA 29403
TELEPHONE [phone]
FAX [phone]
Chris O'Keefe, AICP Dennis Bordeaux Ken Vafier, AICP
Planning & Inspections Inspections Manager Planning Manager
Director
October 20, 2014
Southern Bank & Trust Company
c/o Rudy Dombroski
2900 Middle Sound Loop Road
Wilmington, NC 28411
RE: 1632 Sound'. Watch Drive
Case No. ZBA-886
Dear Mr. Dombroski:
This is to officially advise you that the New Hanover County Zoning Board of Adjustment, at
the September 23, 2014 meeting, granted the variance request from New Hanover County
Zoning Ordinance Seetion 55.1-5, Additiaieal Petfonnarlce Controls, in order to allow an
encroachment of 15' into.the required 75' Conservation Overlay District (COD) setback. The
approval is contingent upon the following conditions:
- Applicant must incorporate all recommendations for stormwater best management
practices by staff;
The footprint on the submitted and approved site plan may not be altered.
A copy of the Board's Order is enclosed. Any appeal from this decision must, be filed with the
Clerk of Superior Court within,30 days of receipt of this, notification.
Should you have any questions concerning this decision of the Board, please call, me at (910) 798-
7118.
Sincerely,
Kenneth E. Vafier, AICP
Executive Secretary, Zoning Board of Adjustment

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ZONING BOARD OF ADJUSTMENT
IN RE: APPLICATION OF
Southern Bank & Trust Company
1632 Soundwatch Drive
CASE NO. ZBA-886
ORDER GRANTING VARIANCE
The Board of Adjustment f6r the County of New Hanover, having held a public hearing on
September 23, 2014 to consider application number ZBA-886, submitted by Southern Bank & Trust
Company. a request for a variance to use the property located at 1632 Soundwatch Drive in a manner not
permissible under the literal terms of the ordinance and having heard all the evidence and arguments
presented at the hearing, makes the following FINDINGS OF FACT and draws the following
CONCLUSIONS:
The Board finds that if the applicants comply with the literal terms of the ordinance,
the applicant cannot secure a reasonable return from their property. Specifically, the
Board finds that compliance with the literal terms of the ordinance would impose an
unnecessary hardship on the applicant because it would not allow for construction of a
typically sized dwelling on a waterfront lot in the upscale subdivision where the property is
located.
2. The Board finds that the hardship in which the applicants complain results from
unique circumstances related to the applicant's land.
Staff finds, and Board agrees, that the applicants land does contain unique circumstances
related to the applicants land; however, they may have been created by a previous owner as
a result of mitigation for a previous environmental violation.
3. The Board finds that the hardship is not the result of the applicant's own actions.
Specifically, the topographic and environmental features located on this site are not the
result of the applicants own actions.
4. The Board finds that if granted, the variance will be in harmony with the general
purpose and intent of the ordinance and will preserve its spirit.
Staff finds, and the Board agrees, that if granted, the variance will be in harmony with the
general purpose and intent of the ordinance and will preserve its spirit should mitigation
methods such as rain gardens, pervious pavement, or other stotmwater management systems
be required as conditions of approval.

5. The Board finds that the variance will secure the public safety and welfare and will do
substantial justice.
Staff finds, and the Board agrees, that if granted, the variance will have no effect on public
safety. With the proposed mitigation measures, substantial justice will have been done.
THEREFORE, on the basis of all the foregoing, IT IS ORDERED that the application for a
VARIANCE be GRANTED from New Hanover County Zoning Ordinance Section 55.1-5,
Additional Performance Controls, in order to allow a 1Y encroachment into the COD setback, as
specified in the submitted application. This variance is also subject to the following conditions:
- Applicant must incorporate all recommendations for stormwater best management
practices by staff
- The footprint on the submitted and approved site plan may not be altered.
ORDERED this 23rd day of September , 2014
Vice -Chairman
Exccntive SecT/at}�the Board
(print)
can+-4N JwFua
(print)

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2000-01339-065 County: New Hanover U.S.G.S. Quad: Carolina Beach.
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Clarke & Nichole Speaks
Address: PO Box 2823
Wilmington, NC 28402
_ FT -0z01
Telephone No.: 910-540-7570 lIl] t�l � o • --,o� -1lJ
Property description:
Size (acres) 1-0 Nearest Town Wilmington
Nearest Waterway Atlantic Intracoastal Waterway River Basin Cape Fear
USGS HUC 03030001 Coordinates N 34.1180 W 77.8780
Location description The property is located at 1632 Sound Watch Drive (Lot 8) in the Intracoastal Watch
residential community, in wetlands adjacent to the Atlantic Intracoastal Waterway, southeast of Wilmington, NC
Indicate Which of the Following Avyly:
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination
X There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on 11/2/2007. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years frQm the date of this
notification. t i _L t
Page 1 of 2 "

X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Wilmington, NC at [phone] to determine
their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Jennifer Frye at 910-251-4923.
C. Basis For Determination
D. Remarks
Please note that issuance of this Jurisdictional Determination does not constitue resolution of existing violations 33
USC 1311) on the subiect property,
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Ann:Jennifer Frye, Project. Manager,
Wilmington Regulatory Field Office
Post Office Box 1890
Wilmington, North Carolina 28402-1890
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 1/2/2008.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official:
Date 11/02/2007 Expiration Dat�11102/2032
Action Id. SAW-2000-01339-065
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, plcasc complete the attached customer Satisfaction survey or visit
bttp://%vww;saw.usace.army.mil/WETLANDS/index.hrin] to complete the survey online.
Copy fumished:
Chad Coburn, DENR-DWQ, Wilmington Regional Office, 127 Cardinal Drive Ext., Wilmington, NC 28405
Southern Environmental Group, Inc. 5315 College Road Suite E, Wilmington, NC 28412
Robb Mairs, DENR-DCM, Wilmington Regional Office, 127 Cardinal Drive Ext., Wilmington, NC 28405
E I-
Ll'm.il;_l;iI!:i:aJTo ti SIC
Page 2of2 \;,`, I t) ?0ql.

I, NGARC F. GLENN. CERTIFY MATT 16 FROPERJYWA55URVLYED AND "DRAM UNDER MY5UFSW6jON:
DE5CRIPNON A55HOWN ON THE FACE OF TH5 FIAT; MVO of FRED51ON A5 MCL ARD BY COMRRFR
6 I:10,0D0+; MAT THE 5019IDAPJE5 NOT SURVEIFD M 5HIXWN BYBROKEN LINES HOTTED FROM
INFORMATION REFERENCE6 RIAT M6 FIAT WA5 PREPARED OF ACCORDANCE WITH TIE 5TANDAKsD5 OF
FRACTIR FOR LAND 511RVE11N6 IN NORDI DAR.OUNW. M55 MY ORGNAL SIGNATURE, UODISURE
NUMBERAND51AE M6215T DAYOF 5EPIBABER A.D. X07.
MARL F. GIFNN
NX 115 W. L4305 - O : OFE6910`•. 2 %�
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SOUND W TOf' G. 53,21, N83`04'07'E
— ( DR( t 53.93'' 50i�aa0•E
NOR: TM15 LOT 15 5UNECT TO ALL UDLNT
EA wa,ITS. Rr mm-IoNs. OR
COVENANTS OF RECORD.
®DANFORD
&ASSOCIATES
LAND SURVEYING, P.C.
CERTIFICATE FOR THE U.S. CORPS OF ENGINEERS:
MI5 CERTIFIE5THAT TH15 COPY OT M15 PLAT ACCURATELY DEPICTS THE BOUNDARY
OF THE JURISDICTION OF 5ECTION 404 OF THE CLEAN WATER ACT PUR50M TOTHE-
1987 MANUAL AS DETERMINED BY ME UNDERSIGNED ON TH19 DATE. ONLE55 THERE IS
A CHANGE IN ME LAW OR OUR PU5U5HED REGUTA71ON5, MI5 DETERMINATION OF 5ECTI0
404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD OF FIVE YDV5 FROM MI5 DATE.
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GATE F51 NATUREU LEGEND
OQ s IXISTING IRON PI
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'404' WETAND5
26,207 SQ. FT.S
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IN 4
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283.79'
NOTES:
I . THIS LOT 15 SUBJECT TO ALL UTIUTI'
EASEMENTS. RESTRICTIONS. OR
COVENANTS OF RECORD.
2. THIS LOT FALLS ENTIRELY IN 575' ORW
SHORELINE AEC SETBACK
3. ENVIRONMENTAL FLAGGING DONE BY
SOUTHERN ENVIRONMENTAL GROUP INC.
2231 WRIGH !MLL AV U
WILMINGTON, N.C. 26403
PHONEG910)6153711
F" 191WBIS2666
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Site
LOCATION MAP
— —
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SURVEY REFERENCE
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LOT 9
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30' COASTAL 5HOREUNE
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PRIVATE
4 VEGETATED BUFFER
FIRMc UNNY PAN¢
13701 GS 3143 J
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DATED: APRIL S. 2003
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NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: Myrtle Grove Sound
Fee. $400 #11532 & #11554
CDAITS MHC cc
Applicant ATD Construction c(a Anthony Dombroski lit
Agent/Conlracl or. some
Project Site County: New Hanover
Staff: Tara MacPherson
Distr ct: Wilmington
Project Name: 1632 Sound Watch
Rover File:
River Basin: Cape Fear
Initial date of application submittal: previous submittal in 2015, using payment from this date per Braxton. See deposit sheet.)
Date application 'received as complete" in the Field office
SITE D€$CRIPTION/PERMIT INFORMATION
ORW: es []NO I PNA: PYes NO
Photos Taken: Yes ❑ No
Setback Required (riparian): []Yes CRW
Critical Habitat: Yes No of Sure
15 foot waiver obtained: ❑Yes O
Hazard N tification Returned:
[]Yes No
SAV: Yes No ❑Not Sure
Shell Bottom: []Yes No Not
Temporary Impacts: as DNo
Sure
Sandbags: ❑Yes 9Wo ❑ Not Sure
Did the land use pCiapsification come
Mittgati n Required (optional):
from county LUP. Yes ❑No
❑Yes No
Moratorium Conditions:
'��(,�C,o
Environmental #ssessment Done:
❑Yes ❑NONNA
Length of Shoreline:
❑Yes ❑NA
_� FT.
Shellfish Area Lion:
Project Descri tion: (code)
Development Area: (code)
Open or- osed
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
Future Water Supply (FWS)
Nutrient Sensitive Waters (NSW)
❑ Swamp Waters (SW)
High Quality Waters (HQW)
Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
(404) Corp. of Engineers (Jurisdictional
(LS) Sea lavender (Limonium sp.)
(SS) Glasswort (Salicomia sp.)
Wellands)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh oordgress (Spartina
❑ (SY) Salt reed grass (Spartina
altemiflora)
cynosuroides)
❑ (DS) Salt or spike grass (Disfichlis
(SC) Bullrush or three square (Scirpus
(TY) Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncos
❑ (SP) Salt/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
No fee required - $0.00
❑ III(A) Private w/ D&F up to 1 acre; 3490
III(D) Priv. public or comm w/ D&F to 1
can be applied - $250
'4144 can't be applied - $400
❑ Minor Modification to a CAMA Major
Ej Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
Permit Transfer- $100
❑ lli(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 4144 can be applied - $400
El Major development extension request -
Ull.Publicor commercial/no dredge
$100
and/or fill - $400
El I. Private no dredge and/or fill - $250
II I(C) Priv. public or oomm w /D&F to 1
acre; 4144 can be applied; DCM needs
DWO agreement - $400

ATD Construction c/o Anthony Dombroski M
Date: 08-27-20
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found In your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
ChDolose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
New Work
Malnt ❑
Reple
❑ Y
New Work T
Replace
Maint ❑
❑ Y [:IN
C L
t
New
R❑e YlaO
Maint ❑rk
N
O '�
New Work
Replace
Maint ❑
❑ Y VN
New Wo
Replace
'
Maint ❑
❑ Y ANNew
a
1
Work
RON
�I
Maint ❑
❑ YN
Ly
New Work
Repla
1, I 1
I
Maint [I❑
Y
New Work U
Maint ❑
Replace
❑ Y ❑ N
t
Descri a below the HA ITAT disturbances for the application. 1 3S should match the name, and units of measurement
found in your Habitat code sheet.
TOTAL Sq. Ft
FINAL Sq. Ft.
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
Habitat Name
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
_
temp impacts)
impact amount)
tarrip impacts)
amount
_N9--Dredge
❑ Fill Both ❑ Other ❑
3t / 1(13
Dredge ❑ Fill ❑ Both ❑ Other
``,,
LA q V
WDredge
❑ Fill ❑ Both ❑ Other ❑
�I�S
��
t
r
Dredge ❑ Fill ❑ Both ❑ Other ❑
l
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
919.733-2293 :: 1.888.4RCOAST :: erww.nccoastaimanaaement.net revised: 10112106

Date
Date
Check From
Name of
Vendor
7 Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
10/27/2015
10/30/15
ATD Construction
Anthony
First
11532
$250.00
major fee,1632 Sound Watch Dr.
PH rct.
Co. Inc.
Dombroski III
Citizens
Wilm NHC
1156D
Bank
(1 of 2)

Date
Date
Check From
Name of
Vendor
Check
Check Permit
Rct. p
Received
Deposited
Permit Holder
Number
amount Number/Comments
11/12/2015
11/13/15
ATD Construction
A. Lombroski
First
11554
$150.00
CK. 2 of 2, major fee, 1632
RM rct.
Co. Inc.
Citizens
Soundwatch Dr
0377D
l
Bank
(2 of 2)

�\\ MAJOR PERMIT FEE SCHEDULE
Dombroski 111 / New Hanover/ $400
DCM %
DWQ %
Development Type
Fee
14300160143510009316256253
2430016024351000952341
I. Private, non-commercial development that does
of involve the filling or excavation of any
wetlands or open water areas:
$250
100%
$250
0%
$0
II. Public or commercial development that does
of involve the filling or excavation of any
wetlands or open water areas:
$400 1
100%
$400
0%
$0
III. For development that involves the filling
and/or excavation of up to 1 acre of wetlands
and/or open water areas, determine if A,B. C.
r D below applies:
III(A). Private, non-commercial development, if
General Water Quality Certification No. 3490
See attached can be applied:
$250
100%
$250
0%
$0
Ill(B). Public or commercial development, if
General Water Quality Certification No. 3490
See attached can be applied:
$400
100%
$400
0%
$0
III(C). If General Water Quality Certification No.
90 (see attached) could be applied, but DCM
staff determined that additional review and written
DWQ concurrence is needed because of
concerns related to water quality or aquatic life:
$400
60%
$240
40%
$160
III(D). If General Water Quality Certification No.
/
3490 see attached cannot be a plied7
$400
60%
$240
40%
$160
IV. Development that involves the filling and/or
xcavation of more than one acre of wetlands
nd/or o en water areas:
$475
60%
$285
40%
$190

DCM Coordinator: Curt Weychert County:N�/��_
Permit #:
WIRO E-MAIL DISTRIBUTION SHEET %
Circle on Bio Rep / Permit for: bnfV 0V14 P UYV( `✓/Vfl S V-1 l t
Oversize Pla sent: ✓ ' )(,�,, yu�e� Gt�nsfi
DCM Offices:
Morehead City PT (if oversize) via Courier
'cc Curt & Amanda on group email w/ biotna/rrI.a-pR drawings, deed, comment sheet
— 'MHC documents (Curt & Aman-copy ` �GV� �) paw, -- _ —
Wilmington: Original hard -copy
ONLY USACE & DWR (wlro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: er & Carteret Co): PN, CL, Reports, Split Sheet
use both [e-mail] (NH/BR): PN, CL, Reports, Split Sheet
reg Currey (NH/BR: PN, CL, Reports, Split Sheet_
Div of Water Resources: \/Robb Mairs - 401 (BR/NH): PN, CL, Reports, Split Sheet _
401 (PN/ON): PN, CL, Reports, Split Sheet _
Div of Water Resources: Sheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
Marine Fisheries:
Kim Harding_
DCM PlannerfWiRO:
Christenbury
Cultural Resources:
Mike
✓R/enee Gledhill -Earley Environmental.Reviewc(Dncdenrvov_
Natural Heritage Prog.
"Rodney Butler_
4ark
DCA-Rural Eco. Dev:
Ziegler
'/avid
NC DOT:
Harris _
Wildlife Resources:
//
�Nlaria Dunn w/Reports
Tim
State Property Office:
Walton: DEED _
✓4ke Moser
_
Wanda Hilliard, Real Property Agent (Bio Reports only) _
Shellfish Sanitation:
✓Jeremy Humphrey (Bio)
,,Sharon Gupton, Admin.
DEMLR: Cprrstine Hall - Stormwater Section _
,anSams - Land Quality Section
Public Water Supply_ "/Heil+ Cox
City of Wilmington: Kathryn Thurston _
Enforcement: ✓,Aelld Rep: TMYIA M a G
Co. LPO v V1V�01 A\�� uI VI}L✓
Agent: 1�
DISTRIBUTED: l`0 L-),.IV ' t
®J
Updated 10/0120 CAMArShaun majors docs/e'Agency List