19990130 Ver 1_COMPLETE FILE_19990214

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16 May 1999
Mr. John Dorney
NC Division of Water Quality:
Environmental Science Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607 stir
RE: ATD Construction Co., Inc. ?9T??'y S"?sy
CAMA Major/401 Certification Applicatio s?
New Hanover County rysF°Tp
DWQ Project #990130 Dear Mr. Dorney:

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I am writing on behalf of Mr. And Mrs. Dombroski (ATD Construction Co.) to provide
additional information regarding their proposed project on Middle Sound Loop Road,
New Hanover County. Information on the subdivision of this tract and previous wetland
fill permits is provided as well as alternative design considerations.
Prior to 1997, the area containing the 5-acre project site and land within the South
Point subdivision were platted as two tracts, both owned by the Hoyle family. These
two tracts totaled 18.98-acres. I have spoken with the Land Records section of the
New Hanover County Planning office and it appears that Ms. Hoyle owned this property
(Map 4) since at least 1968. Landmark Developers bought both Hoyle tracts in 1997,
combined the tracts (Map 1), and subdivided the property to form the South Point
subdivision and a 5-acre undeveloped area. The Dombroskis now have an Offer to
Purchase contract on this 5-acre tract (Map 2). Property further to the north was not
previously owned by Ms. Hoyle but was also bought by Landmark Developers. This
property was subdivided to form the Middle Point subdivision, and received several
wetland fill permits. However, what are now the Middle Point and South Point
subdivisions appear to have been separate and distinct tracts, platted and recorded as
such, since well before 1985 (Map 4).
We understand your concerns regarding cumulative wetland impacts incurred by
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subdivision of land. However, it is my understanding that Landmark Developers
applied for and received a single Nationwide #26 permit for the South Point
subdivision. Mike Taylor, US Army Corps of Engineers, issued the permit on December
13, 1998 (Action ID # 199800721) for 0.14 acres of wetland fill for road construction.
This indicates less than 1-acre of wetland fill has been issued for both of the original
Hoyle tract. In fact, this wetland fill area and the 5-acre project tract were likely on
different Hoyle tracts (see Map 2). I have spoken with Jeff Richter, who expressed
concerns about cumulative wetland impacts resulting from subdivision of the property.
We have are discussing the issues outlined above and a possible conservation
easement to lessen concerns regarding future subdivision.
The placement and design of the proposed road has attempted to avoid and minimize
wetland impacts where practicable. The position of this tract and the wetland areas
within it do not allow access to the useable uplands without a wetland crossing.
Stoneybrook subdivision abuts the property along the east and northeast. It is not
possible to access the tract from this direction, as all property abutting these
boundaries are individual lots which have existed as such for many years (Map 2).
Platted and recorded lots also prevent entry from the northwestern corner of the tract
from the Middle Point subdivision. To have extended a road from the south Point
subdivision (to the west) into this tract would have crossed a wetland area that is, in
most places, wider than the crossing we are proposing. Currently, platted lots also
abut this boundary (Map 2).
Given these property and wetland boundaries, we feel access from Middle Sound Loop
Road is the most practicable approach. We have minimized wetland impacts by
placing the proposed crossing at the narrowest point (70') in the wetland system.
Considerable effort was also made to minimize the road width to a 30' easement, and
still met NC DOT requirements for acceptance of the road and its maintenance in the
future. Bridging the crossing was considered but determined impracticable based on
cost. I have spoken with engineers in the Structure and Design Department of NC
DOT. They feel a "cord-slab" bridge design would likely meet NC DOT specifications
for this crossing. Cost for this design is currently $55/sq.ft. And results in an estimated
$115,000 in construction cost alone, not including engineering costs. This amount of
effort and cost seems unreasonable for access to a 5-acre tract. The 30" diameter
culvert we have proposed is larger than the existing 24" culvert downstream (under
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Middle Sound Loop Road) and is meant to alleviate agency concerns regarding the
blockage of flow out of this drainage system.
Please contact me at Land Management Group with any responses or requests for
additional information. If you would like to discuss the project, please call. I will be
more than happy to discuss any aspect of the project with you or Ms. Steenhuis.
Sincerely,
Laura Stasavich
Environmental Scientist
Land Management Group, Inc.
Enc: Maps #1-4
cc: Joanne Steenhuis
Ed Brooks, DCM, Wilmington Field Office
John Parker, DCM, Raleigh Office
Jeff Richter, ACOE, Wilmington Regulatory Field Office
Nancy and Tony Dombroski, ATD Construction Co., Inc.
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New Hanover County, NC
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
A ffl:.X;VA
I T 0 2j
D E N R
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Division of Water Quality
Environmental Sciences Branch & Wetlands/401 Unit
Location: 4401 Reedy Creek Road
Raleigh, N.C. 27607
Mailing Address: 1621 Mail Service Center
Raleigh, N,C, 27699
FAX: [phone]
FAX TO: If I \CA- / 4A V-CA I FAX NUMBER:
FROM:
PHONE:
NO. OF PAGES INCLUDING THIS SHEET:
aS S
?r r
If you receive this fax by mistake call; ESB [phone] or Wetlands [phone].
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
1 • •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 28, 1999
New Hanover County
DWQ Project #990130
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
ATD Construction. Co. Inc.
107 Tom Ave.
Casstle Hayne N.C. 28429
Dear Mr. Sirs:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in0.06
acres of wetlands or waters for the purpose of constructing an access road at your lot on Middle Sound Loop Road, as you
described in your application dated 17 February 1999. After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification Number 3112. In addition, you should get any other federal, state or local permits before
you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-
Discharge and Water Supply Water shed regulations. This approval will expire when the accompanying 404 or CAMA permit
expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as modified below. 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 wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions
listed in the attached certification and any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or
areas within 50 feet of all streams and ponds to notify the state in order to assure compliance for future wetland and/or
water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404
Permit (whichever is later).
2. An additional condition is that is that stormwater from this site shall be directed to sheetflow at non erosive velocities
through the remaining wetlands on-site before discharging into streams.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter
150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-
7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone John Domey at 919-733-1786.
?
S' re 'Stevens
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
John Dorney
990130.1tr
Post-it' Fax Note 7671 Date
1 # of
pages
To T? ?f YC e?
1 From
Co./Dept. Co.
Phone # Phone #
Fax # Fax #
Division of Water Quality - Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
several projects
Subject: several projects
Date: Fri, 28 May 1999 09:05:35 -0700
From: "John Dorney" <[e-mail]. nc.us> 1111:el-n al
To: joanne <[e-mail]. nc.us>
CC: John Dorney <[e-mail]. nc.us>
Raiford Trask; New Hanover; #990290 - i will write 401 for this one
today because 60 day clock expires today. however i am suspicious - has
there been any Tulloch-like ditching on the property. i will ask
shannon to check here data base as well.
ATD Construction cc; New Hanover; # 990130 - got your email of May 4.
we cannot make people buy property especially for a simple road crossing
to a residential lot. If flooding is the issue, it can be solved with
pipe size which is usually a local issue not 401. Unless you object i
will write 401 on this one as well. if you object, it will go to
dennis.
Please advise on these two matters.
1 n£ 1 5/28/99 9:07 AM
Cyndl Bell
From: JoAnne Ste( nhuis [e-mail]]
Sent: Tuesday, M„y 04, 1999 3:27 PM
To: john-dome,' ?a?h2o.enr.state.nc.us
Cc: Cyndi_bell( h2o.enr.state.nc.us; [e-mail]
Subject: ADT Constr ction Co., Inc.#990130
John,
I have read the addition,,1 infomation concerning the ADT earthern dam bridge proposal by Land
Management, I STILL c!;;ect. The people in the Stoneybrooke S/D are having flooding problems
due to poor draining in t area already. Additional impacts to the large drain there would most
likely cause additional pi )blems with water. The island development off River Road in New
Hanover County built a Iridge these folks can too.
John, I'm sorry but I dor ! like this one!!! Can they NOT buy an easement from Landmark to enter
the property off Hayden :curt as shown on Map 2 - Subdivision of Hoyle Tract (Preliminary Plan
Phase I - South Point)?
Joanne

? lq?-11 " ?J4
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 9, 1999
DWQ Project # 990130
New Hanover County
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
ATD Constructive Co, Fuc.
107 Tom Ave.
Castle Hayne N.C.28429
Dear Sirs:
The Division of Water Quality has reviewed your plans for the discharge of fill material into 2419
square feet of wetlands located at your lot on Middle Sound Loop Rd. in New Hanover County. Insufficient
evidence is present in our files to conclude that your project must be built as planned in waters and/or
wetlands in accordance with 15A NCAC 2H.0506. Therefore, unless modifications of the proposal are
made as described below, we will have to move toward denial of your 401 Certification as required by 15A
NCAC 2H .0507(e) and will place this project on hold as incomplete until we receive this additional
information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers place your
project on administrative hold.
Please provide us with information supporting your position that states your project must be
constructed as planned and that you have no practicable alternative to placing fill in these waters and/or
wetlands. Specifically can you construct your road crossing and home without wetland fill? If not,
compensatory mitigation will be required since earlier wetland fill in this subdivision was greater than one
acre. Any documentation such as maps and narrative that you can supply to address alternative designs for
your project may be helpful in our review of your 401 Certification. Also this project will require
compensatory mitigation as described in 15A NCAC 2H .0506(h). Please respond within three weeks of the
date of this letter by sending a copy of this information to me and one copy to Ms. Joanne Steenhuis
Wilmington Regional Office at NC. If we do not hear from you in three weeks, we will assume that you no
longer want to pursue this project and we will consider the project as withdrawn. I can be reached at 919-
733-1786 if you have any questions.
cer
Jo R. orney
cc: Wilmington DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
John Dorney
Wilmington Field Office Corps of Engineers
John Parker DCM
Laura Stasavich; Land Management Group
990130.nty
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper
MEMORANDUM
TO: John Dorney Regional Contact: J. Steenhuis
Non-Discharge Branch WO Supervisor: Rick Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name ATD Construction County New Hanover
Project Number 99 0130 County2
Recvd From DCM Region Wilmington
Received Date 2/17/99 Recvd By Region 2/18/99
Project Type building a single family home and private road
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
LAMA SWF Y _0N ?-
F_F 18-87-23 SA ORW 30,624. 0.05
O
P 7Y _0N F_ (__ F_Ir-?F_ F_
Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y O N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? Q Y O N Recommendation: Q Issue O Issue/fond 6 Deny
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments:
This area is a lower protrion of a fairly large wetland drainagesevs?, if the earthern causeway is
constructed the potential of flooding well gretly increase- The additional impacts to the SA-ORW of
Howe Greek needs to he carefully monitored This office feels that for the protection ofthese waters.
a bridge needs to he built to minimize the impacts to this already heavilya mpacted creek,
cc: Regional Office Page Number 1
Central Office
,,State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Donna D. Moffitt, Director
February 15, 1999
RCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MEMORANDUM:
TO: Mr. John R. Dorney, NCDENR
Division of Water Quality
4401 Reedy Creek Road ' FEB 7 199,
Raleigh, NC 27611-7687
WETLANDS GROUP
FROM: John R. Parker WATER UALSECTI'
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: ATD Construction Co., Inc.
Project Location: Adjacent to Howe Creek, off Middle Sound Loop Road, westside of Stoneybrook
Subdivision, in New Hanover County
Proposed Project: To construct an earthen causeway thru a wetland drain which is adjacent and
connected to waters classified SA-ORW (Outstanding Resource Waters), to provide
for road and cul-de-sac construction, a proposed single-family residence, and future
subdivision
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by March 7, 1998. If you have any questions regarding the proposed project, please contact E. F. Brooks
at extension 247. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED *a IW1 DATE ?( IfIl
127 Card' al Dr. Ext., Wihningt n, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: ATD Construction Co., Inc.
2. LOCATION OF PROJECT SITE: Adjacent to Howe Creek, off Middle Sound Loop Rd., west
side of Stoneybrook Subdivision, in New Hanover County.
Photo Index -1925:22-258 A-8,9 1989: 174-11 J-10,11 .19L4:18-230 D-15
State Plane Coordinates - X: 2364800 Y: 186400
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/1/98
Was Applicant Present - Yes (agent)
5. PROCESSING PROCEDURE: Application Received - cc: 1/12/99
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover
Land Classification From LUP - Conservation and Resouce Protection
(B) AEC(s) Involved: EW, ES-ORW
(C) Water Dependent: No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - Septic tank system
(F) Type of Structures: Existing - None
Planned - Fill causeway through natural wetland drain, for road to
single-family residence and future subdivision.
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION:
[AREA]
n1?,PT )r_,QTI LTT T'01-%
A Vegetated Wetlands 2419 s ft.
Non-Vegetated Wetlands
LQ Other - Hi h round distrubance 14,000 s ft.
(D) Total Area Disturbed: 16410 sqft.
(E) Primary Nursery Area: Yes
(F) Water Classification: SA J ORW Open: No
8. PROJECT SUMMARY: The applicant proposes to construct an earthen causeway through a
wetland drain, which is adjacent and connected to waters classified SA-ORW (Outstanding
Resource Waters), to provide for road and cul-de-sac construction, a proposed single-family
residence, and future subdivision.
ATD Construction Co., Inc.
Page 2
9. PROTECT D , IPTION
The project site is located on the north side of Middle Sound Loop Road, abutting the west side
of Stoneybrook subdivision, in New Hanover County. The project site is a 5.5 acre tract with
approximately 320 feet of road frontage and approximately 780 feet in depth. Average elevation
of the property is approximately 12 feet above mean sea level. The tract is wooded and there is
a freshwater wetland drain, ranging from 75 to 175 feet in width, running through the southern
side of the property. The wetland drain area is the downstream outlet for a much larger natural
drainage system corridor which extends well beyond this property's boundaries. The "404 type"
wetlands are wooded swamp, vegetated primarily with Red Maple (Acer rubrum), Black Gum
(Nyssa sylvatica), Pond Pine (Pinus serotina), with scattered patches of Narrow-leaved Cat-tail
(Typha angustifolia) and Bull Rush (Scirpus, spp.) along the run of the watercourse. At Middle
Sound Loop Road, water is conveyed through an existing culvert (24 " diameter) into intertidal
coastal wetlands adjacent to Howe Creek. Here the shoreline includes Marsh-elder (Iva
frutescens), and Grounsel-bush (Baccharus halimifolia) shrubs, Sea- Oxeye (Borrichia frutescens)
and Salt Meadow Grass (Spartina patens) along the road shoulder. Black Needle Rush (Juncus
roemarianus) transitions to a marsh cove of Smooth Cordgrass (Spartina alterniflora), which is
approximately 500 feet in length, and expands from 100 to 300 feet in width at the open water
edge of Howe Creek.
The waters of Howe Creek adjacent to project site are classified as SA-ORW waters by the
Division of Water Quality. The waters are designated as primary nursery area by the NC Division
of Marine Fisheries, but they are CLOSED to the taking of shellfish. The Wilmington-New
Hanover Land Use Plan classifies the wetland area of the project site as Conservation and those
areas above the 100 year flood elevation as Resource Protection.
The applicant proposes to construct a private road from Middle Sound Loop Road to provide
access into the 5.5 acre tract. The road easement would be approximately 300 feet long and 30
feet wide, terminating in a cul-de-sac, with a 60 feet radius.The applicant proposes an earthen
causeway to span the wetland drain. The earthen causeway would be 75 feet long, 30 feet wide
and averaging 3-4 feet in height. The paved road surface would be eighteen (18) feet wide, with
grassed road shoulders, three (3) feet wide. The applicant would taper the road shoulders to the
wetland surface with a rip rap (rock) embankment, three (3) feet wide and a 1:1 slope. There
would be two (2) concrete pipes (30" diameter) installed to convey water to the downstream side
of the causeway. An additional area of rocks, 10 feet long and 8 feet wide, would be placed on
the wetland surface at both ends of the two culverts, to help diffuse the water flow through the
pipes. The applicant is proposing a single-family residence and reserving the remainder of the
upland area for future development.
10. ANTICIPATED EMPACT
The project, as proposed, will incorporate 2410 square of wooded swamp wetlands. The proposed
earthen causeway will impede the wetland's function as a natural drain for the surrounding area,
promoting the potential for flooding and ponding on the upstream side of the filled roadway.
Ponding of waters would create stagnant pools and mosquito breeding habitat. An additional
ATD Construction Co., Inc.
Page 3
14,000 square feet of highground area would be disturbed by the remainder of the road and cul-de-sac,
and house and driveway construction. Additional disturbance and impervious surfaces would be created
by future subdivision of the tract.
Submitted by: E. F. Brooks Date: 2/11/99 Office: Wilmington

Form DCM-,MY-1
i
APPLICATI r?
VI EON
(To be completed by all applicantsLOASTAL MANA( ENT
1. APPLICANT
a. Landowner:
Name ATD Construction Co., Inc
Address 107 Tom Ave.
City Castle Hayne State NC
Zip 28429 Day Phone _ 910-675-0983
Fax [phone]
b
Name Land Manaqement GrouA Inc
Address P. o. Box 2522
City Wilmington State N[_
Zip 28403 Day Phone [phone]
Authorized Agent:
Fax [phone]
c
Project name (if any)
N/A
NOTE: Fernzit will be issued in name of landowner(s), mid/or
project name,
2. LOCATION OF PROPOSED y
PROJECT
a. County New Hanover
b. City, town, community or landmark
c. Street address or secondary road number
part of 2908 & 2924 Middle Sound Loop Rd.
d. Is proposed work within city limits or planning
jurisdiction? Yes X No
e. Name of body of water nearest project (e.g, river,
creek, sound, bay) Howe Creek
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Single family home with access road.
Future subdivision possible (no plans
at the present). Fill for road bed
development.
b. Is the proposed activity maintenance of an existing
project, new work, or both? new
c. Will the project be for public, private or commercial
use? _private
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. Purpose is to build a
single family home and private road for
access to upland homesite. Future
subdivision possible (no plans at the
presen Daily operations will utilize
standard construction technicrues

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract approx. 5.5 acres
b. Size of individual lot(s)
5.5 acres
c. Approximate elevation of tract above MHW or
NWL -approx- 12' msl or 9.1' mhw
m. Describe existing wastewater treatment facilities.
none - county sewer F-=ectP8 2001
n. Describe location and type of discharges to waters
of the state, (For example, surface runoff, sanitary
wastewater, industrial /commercial effluent, "wash
down" and residential discharges.)
nr?nc _
d. Soil type(s) and texture(s) of tract-Leon and Lakeland o. Describe existing drinking water supply source.
sands on uplands, Johnston mucks in wetlands
e. Vegetation on tract loblolly pines dominant '
f. Man-made features now on tract none
g. What is the CAMA Land Use Plan land
classification of the site? (conurlr the ioat Land use pLan.)
Conservation Transitional
Developed Community
Rural X Other
Resource Protection
h. How is the tract zoned by local government?
R-20 rpsidential
i. Is the proposed project consistent with the applicable
zoning? _X Yes No
(Attach zoning compliance cerr?flcate, if apptiabte)
j. Has a professional archaeological assessment been
done for the tract? Yes x_ No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes _x No
1. Are there wetlands on the site? x Yes No
Coastal (marsh) Other x
If yes, has a delineation been conducted? yes
(Aaach documentation, if available)
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days .in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Acj Cent lapdo"Ters (property does not abut
is trust wa ers)
acne Nnrman F_ and T.i nria T.- Parmw
Address 101 Stoneybrook Road
Phone Wilmington, N.C. 28405-7866
Name Landmark Developers, Inc.
Address P.O. Box 4127
Phone Wilmington, N.C. 28406-1127
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
None
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.

r e i
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application wi11 allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project .
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 7 day of Dec. , 19 98-.
Print Name ATD Construction Co.. Inc.
S ignatur
Landowner or 6t3w zed A ent
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2 Excavation and Fi11 Information
X DCM MP-3 Upland Development
DCM MP-4 Structures Information
X DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Average Final
Existing Project
Le"th Width Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)

-00

1 1.1,
DIVIS
C; I`ll _
1. EXCAVATION N/A
a. Amount of material to be excavated from below
MHW or NWL in cubic yards
b. Type of material to be excavated
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes No
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL N/A
a. Location of disposal area
b. Dimensions of disposal area
c. Do you claim title to disposal area?
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No
If yes, where?
Revised 03/95
Form DCNI-INIP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
f. Does the disposal include any area in the water?
Yes No
3. SHORELINE STABILIZATION N/A
a. Type of shoreline stabilization
Bulkhead Riprap
b. Length
C. Average distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 months
(Source of information)
f. Type of bulkhead or riprap material
Cr. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill
h. Type of fill material
i. Source of fill material
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?' ' ' -
X Yes No
r

Ap 'cant or jest Name
i Signature - 7jts9'?Zed
II -7 ?C .1 9
Date
If yes,
(1) Amount of material to be placed in the
water None
(2) Dimensions of fill area N/A
(3) Purpose of fill N/A
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
X Yes No - (404 wetlands)
If yes,
(1) Dimensions of fill area 30' x 75'
(2) Purpose of fill road crossing to
access uplands
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? silt fencing and
seeding combination on all graded areas
that will not be impervious
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
backhoe grading ecrui n ks
c. Will wetlands be cr3ssed in transporting equipment
to project site? X Yes No
If yes, explain steps that will be taken to lessen
environmental impacts. movement will be
restricted to area-OT proposed
impact
Revised 03/95
Form DCi`1-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.
a. Type and number of buildings, facilities, units or
structures proposed single family home
b. Number of lots or parcels 1 proposed
c. Density (Dive the number of residential units and the
units per acre)
1 unit, 0.2 units/acre

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 Environmental Management for review?
Yes X No (stormwater mgmt.
If yes, date submitted permit pending)
i. Describe proposed method of sewage disposal.
septic system until county sewer avail.
expected 2001
j. Have the facilities described in Item i. above
received state or local approval? no
(Attach appropriate documentation)
k.
d. Size of area to be graded, filled or disturbed
including roads, ditches, etc. 5000 sg.ft, homesite
and 11,286 for road and driveway
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.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? Yes X No
If yes, date submitted
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
marl, concrete, or asphalt
g. Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. 16 %
Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial/commercial effluent,
"wash down" and residential discharges).
minimal surface run-off
I. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
TJu li system., Carolina iltilitiac
m. Will water be impounded? Yes X No
If yes, how many acres?
n. If the project is a oceanfront development, when
was the lot(s) platted and recorded? N/A
ATn C'rln Qfrnini-ir" (-..
Date
Revised 03/95
Form DCM-MP-5
BRIDGES AND
CULVERTS
4
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.
1. BRIDGES N/A
a. Public Private
b. Type of bridge (construction material)
c. Water body to be crossed by bridge
d. Water depth at the proposed crossing at MLW or
NWL
e. Will proposed bridge replace an existing bridge?
Yes No
If yes,
(1) Length of existing bridge
(2) Width of existing bridge
(3) Navigation clearance underneath existing
bridge
(4) Will all, or a part of, the existing bridge be
removed? (Explain)
f. Will proposed bridge replace an existing culvert(s)?
Yes No
If yes,
(1) Length of existing culvert
(2) Width of existing culvert
(3) Height of the top of the existing culvert above
the MHW or NWL.
i
D DC' 2.
38
DIVI iC "11 OF
n
(4) Will all, or a part of, the existing culvert be
removed? (Explain)
g. Length of proposed bridge
h. Width of proposed bridge
i. Height of proposed bridge above wetlands
j. Will the proposed bridge affect existing water flow?
Yes No
If yes, explain
k. Navigation clearance underneath proposed bridge
1. Will the proposed bridge affect navigation by
reducing or increasing the existing navigable
opening? Yes No
If yes, explain
m. Will the proposed bridge cross wetlands containing
no navigable waters? Yes No
If yes, explain
n. Have you contacted the U.S. Coast Guard
concerning their approval?
Yes No
If yes, please provide record of their action.
Revised 03/95
Form DC,N1-?NIp-5
2. CULVERTS
a. Water body in which culvert is to be placed -
wetland drain on property to existing
ditch a ong e Sound p
b. Number of culverts proposed
c. Type of culvert (construction material, style)
reinforced concrete pipe
d. Will proposed culvert replace an existing bridge?
Yes X No
If Yes,
(1) Length of existing bridge
(2) Width of existing bridge
(3) Navigation clearance underneath existing
bridge
(4) Will all, or a part of, the existing bridge be
removed? (Explain)
e. Will proposed culvert replace an existing culvert?
Yes X No
If yes,
(1) Length of existing culvert
(2) Width of existing culvert
(3) Height of the top of the existing culvert above
the MHW or NWL
(4) Will all, or a part of, the existing culvert be
removed? '(Explain)
f. Length of proposed culvert Double 30' rcp or
galvenized pipe
Cr. Width of proposed culvert Double 30 pipes
h.' Height of the top of the proposed culvert above the
MHW or NWL 12'sl or 9.1 mhw
i. Will the proposed culvert affect existing water flow?
j. Will the proposed culvert affect existing navigation
potential? Yes X No
If yes, explain
3. EXCAVATION AND FILL
a. Will the placement of the proposed bridge or culvert
require any excavation below the MHW or NWL?
Yes X No
If yes,
(1) Length of area to be excavated
(2) Width of area to be excavated
(3) Depth of area to be excavated
(4) Amount of material to be excavated in cubic
yards
b. Will the placement of the proposed bridge or culvert
require any excavation within: No
_._. Coastal Wetlands SAVs - Other Wetlands
If yes,
(1) Length of area to be excavated
(2) Width of area to be excavated
(3) Amount of material to be excavated in cubic
yards
C. Will the placement of the proposed bridge or culvert
require any highground excavation?
Yes X No
If yes,
(1) Length of area to be excavated
(2) Width of area to be excavated
(3) Amount of material to be excavated in cubic
yards
d. If the placement of the bridge or culvert involves
any excavation, please complete the following: N/A
(1) Location of the spoil disposal area
(2) Dimensions of spoil disposal area
Yes X No
If yes, explain (3) Do you claim title to the disposal area?
Yes No
If no, attach a letter granting permission from
77 ! ,`;, I` the owner.
lr. 11 ,1
171
Revised 03/95 D
Lk'
Form DCM-MP-S
(4) Will the disposal area be available for future b. Will the proposed project require the relocation of
maintenance? Yes No any existing utility lines? Yes x_ No
(5) Does the disposal area include any coastal If yes, explain in detail
wetlands (marsh), SAVs, or other wetlands?
Yes No
If yes, give dimensions if different from (2)
above. c. Will the proposed project require the construction of
(6) Does the disposal area include any area below any temporary detour structures?
the MHW or NWL? Yes No Yes X No
If yes; give dimension if different from No. 2 If yes, explain in detail
above.
e. Will the placement of the proposed bridge or culvert
result in any fill (other than excavated material d. Will the proposed project require any work
described in Item d, above) to be placed below channels? Yes x No
MHW or NWL? Yes X No If yes, complete Form DCM-MP-2
If yes,
(1) Length of area to be filled e. How will excavated or fill material be kept on site
(2) Width of area to be filled and erosion controlled? silt fencing/seeding
(3) Purpose of fill combination or acceptable engineering
standards
f. Will the placement of the proposed bridge or culvert f. What type of construction equipment will be used
result in any fill (other than excavated material (for example, dragline, backhoe or hydraulic
described in Item d. above) to be placed within: dredge)? backhoe, grading equipment,
- Coastal Wetlands _ SAVs X Other Wetlands trucks
If yes,
(1) Length of area to be filled 75'
(2) Width of area to be filled 30' g. Will wetlands be crossed in transporting equipment
(3) Purpose of fill road bed development to project site? X Yes No
over culvert If yes, explain steps that will be taken to lessen
environmental impacts. Movement will be
g. Will the placement of the proposed bridge or culvert restricted to area of impact
result in any fill (other than excavated material
described in Item d. above) to be placed on
highground? Yes X No h. Will the placement of the proposed bridge or culvert
If yes, require any shoreline stabilization?
(1) Length of area to be filled Yes X No
(2) Width of area to be filled If yes, explain in detail
(3) Purpose of fill
4. GENERAL
Will the proposed project involve any mitigation?
Yes X No
If yes, explain in detail
Revised 03/95
ATD Construction Co.
Appal t o eel Name
r1 ?C 1-? - -- -
Date

ATD PROPOSED PROJECT
s .trot fr t rfsxr s?
TO
ACR£S p+

-Vie

• r,
°••' --t? • - Future
4.43
''•'"? ?' fi Development Area »

1'

homeslte
(5,000 sq. ft.)
driveway
(810 sq. ft.)
APPROXIMATE
a:W 575' AEC LIMIT\ - - "'
?0:. r LOG IXW OF
't?` 100i ELooD LICE
9TV A !Ito
30' road easement
including wetland
crossing
(10, 476 sq. ft.)

wetland crossing
?yr .v
M ?9'S?' ? v sy
Loop
Road
Middle Sound
SCALE 111=100'
ATD Construction Co., Inc.
New Hanover County, NC
Howe Creek
7 December, 1998

Tract
Boundary
(-5.5 acres)
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Wdmmykn,, -4"! Wmdma 284o--
9d'. 9Yo-452-000;f
Vicinity Map
RECEIVED
FEB U 9 1999
BY:
SCALE 1' = 2000' N
ATD Construction Co., Inc
New Hanover County, NC
Howe Creek
_7 December, 1998

gWa g .46d
°X! ?lg/a/en...?fowieon.
`fig Tom.
9 February 1999
$40CV?, ?7ZG.
RECEIVED
F E B U 9 1999
Jel• WO-452-000i
9.4& Y4
2W.y Aande AYJ2oa AWA
3805 °IKigl,tevt!!? .tea
Wdmington, M M403
Mr. Ed Brooks
Wilmington Field Office
Division of Coastal Management
127 North Cardinal Drive
Wilmington, NC 28405
Dear Mr. Brooks,
I have clarified the cross-section and plan views of the proposed wetland crossing for ATD
Construction Co., Inc. As drawn, there is a 30' width between the toes of the side slopes. The
client would like a 10' length of rip rap to extend from the toe of each slope for the purpose of
water diffusion. This diffusion rip rap would be only 8' wide.
Thank you for letting me know of your concerns. I will try to reach you by phone, but please call
if the diffusion rip rap requires we provide any additional amendments.
Sincerely,
Laura Stasavich
Environmental Scientist
Land Management Group, Inc.
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M
Re: ATD Construction project -DWQ# 990130
Subject: Re: ATD Construction project -DWQ# 990130
Date: Mon, 29 Mar 1999 14:29:11 -0500
From: "JoAnne Steenhuis" <[e-mail]>
Organization: wiro.enr.state.nc.us
To: "John Dorney" <[e-mail]. nc.us>
CC: John Dorney <[e-mail]. nc.us>
John,
The ATD Construction project was a part of a land parcel that has
been permitted by Landmark. The project #s are: 940757 (1.07
acre of wetland fill) and Jim had recommended then that the entire
site be planned for wetland impacts. The second project # is
951279 for a 0.48 wetland impact for a utility line for middle pointe
S/D.
I think we can say no to the wetland fill on this, because the site
was a part of a larger parcel that has wetland impacts and has
been subdivided after October 5, 1989. If you have questions<
please call Scott McLendon at he COE here. He was quite upset
about the possibility of us missing the fact that there have been
other impacts [phone].
Joanne
of 1 3/29/99 4:22 PM
MEMORANDUM
TO: John Dorney Regional Contact: .I, Steenhuis
Non-Discharge Branch WO Supervisor: Dick Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name ATD Construction
Project Number 99 0130
Recvd From DCM
Received Date 2/17/99 Recvd By Region 2/18/99
Project Type building a single family home and private road
County New Hanover
County2
Region Wilmington
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
30,624. 0.05 r
CAMA SWF O Y O" 18 87 23 SA O R W
Mitigation Wetland
MitigationType Type Acres Feet
F_ I
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/fond DQ Deny
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments:
This area is a lower protrion of a fairly large wetland drainag. system, Of the earthern causeway is
constructed the potential of floodingwell gretly increase- The additional impacts to the SA-ORW of
Howe Greek needs to be carefully monitored. This office feels that for the protection ofthese waters,
a bridg . n _Prfs to he built to minimize the impacts to this already heavily0 mnacted creek.
cc: Regional Office
Central Office Page Number 1
Facility Name ATD Construction
County New Hanover
Project Number 99 0130
Comments (continued from page 1):
Regional Contact: J. Steenhuis
Date:
cc: Regional Office Page Number 2
Central Office

DEPARTMENT OF THE ARMY ?,,p a0
WILMINGTON DISTRICT, CORPS OF ENGINEERS ?
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Division
Action ID No. 199900806
Mr. John Dorney
Division of Water Quality
North Carolina Department
Environment and Natural
4401 Reedy Creek Road
Raleigh, North Carolina
Dear Mr. Dorney:
February 22, 1999
of
Resources
27611-7687
PAYMENT
RECEIVED
L A M
..?,Trs a 1SECTION
Reference the application of ATD Construction Co., Inc. for Department
of the Army authorization and a State Water Quality Certification to place
fill material in a wooded swamp area to construct a road including riprap and
concrete pipes, adjacent Howe Creek, Ogden, New Hanover County, North
Carolina. Your receipt of this letter verifies your acceptance of a valid
request for certification in accordance with Section 325.2(b)(ii) of our
administrative regulations. Please note the attachment, which offers further
insight into the proposal.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification is required under the provisions of Section 401 of the same law.
A Department of the Army permit will not be granted until the certification
has been obtained or waived.
According to our administrative regulations, 60 days is reasonable for
State action. Therefore, if you have not acted on the request, or asked for an
extension of time, by April 20, 1999, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to the undersigned, available at
telephone [phone].
Sincerely,
Jeffrey H. Richter
Project Manager
Wilmington Field Office
Enclosure
Copy Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Note to accompany CAMA bio-report for Action ID 1999008-UG
The Corps field inspector for New Hanover County states that this property is a portion
of a larger subdivision which has since been subdivided into two developments
(Landmark Corporation's Middle Point and South Point). The whole tract has had
extensive permits, violations, and "Tulloch" type ditching, resulting in cumulative
impacts to approximately 25 acres of wetlands. A prospective buyer, (possibly the
present owner) expressed an intent to create a minimum of five building lots on this
particular property, although future development is not shown on this application.
Jeff Richter
Project Manager
Wilmington Field Office
DIVISION OF COASTAL MANAGEMENT '
FIELD INVESTIGATION REPORT MAR 4 1999 L!
i
1. APPLICANT'S NAME: ATD Construction Co., Inc. # WETLANDS GROUP
ll,[H OUGiLIiY SECT'
2. LOCATION OF PROJECT SITE: Adjacent to Howe Creek, off Middle Sound Loop Rd., west
side of Stoneybrook Subdivision, in New Hanover County.
Photo Index -1225:22-258 A-8,9 19J$2: 174-11 J-10,11 1284:18-230 D-15
State Plane Coordinates - X: 2364800 Y: 186400
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/1/98
Was Applicant Present - Yes (agent)
5. PROCESSING PROCEDURE: Application Received - cc: 1/12/99
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover
Land Classification From LUP - Conservation and Resouce Protection
(B) AEC(s) Involved: EW, ES-ORW
(C) Water Dependent: No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - Septic tank system
(F) Type of Structures: Existing - None
Planned - Fill causeway through natural wetland drain, for road to
single-family residence and future subdivision.
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED E LLED Q H
A Vegetated Wetlands 2419 s ft.
Non-Vegetated Wetlands
11 C Other - Hi h round distrubance 14,002 s ft.
(D) Total Area Disturbed: 16410 sqft.
(E) Primary Nursery Area: Yes
(F) Water Classification: SA - ORW Open: No
8. PROJECT SUMMARY: The applicant proposes to construct an earthen causeway through a
wetland drain, which is adjacent and connected to waters classified SA-ORW (Outstanding
Resource Waters), to provide for road and cul-de-sac construction, a proposed single-family
residence, and future subdivision.
ATD Construction Co., Inc.
P*ge 2
9. PROTECT DESCRIPTION
The project site is located on the north side of Middle Sound Loop Road, abutting the west side
of Stoneybrook subdivision, in New Hanover County. The project site is a 5.5 acre tract with
approximately 320 feet of road frontage and approximately 780 feet in depth. Average elevation
of the property is approximately 12 feet above mean sea level. The tract is wooded and there is
a freshwater wetland drain, ranging from 75 to 175 feet in width, running through the southern
side of the property. The wetland drain area is the downstream outlet for a much larger natural
drainage system corridor which extends well beyond this property's boundaries. The "404 type"
wetlands are wooded swamp, vegetated primarily with Red Maple (Acer rubrum), Black Gum
(Nyssa sylvatica), Pond Pine (Pinus serotina), with scattered patches of Narrow-leaved Cat-tail
(7?pha angustifolia) and Bull Rush (Scirpus, spp.) along the run of the watercourse. At Middle
Sound Loop Road, water is conveyed through an existing culvert (24 " diameter) into intertidal
coastal wetlands adjacent to Howe Creek. Here the shoreline includes Marsh-elder (Iva
frutescens), and Grounsel-bush (Baccharus haUmifolia) shrubs, Sea- Oxeye (Borrichia frutescens)
and Salt Meadow Grass (Spartina patens) along the road shoulder. Black Needle Rush (Juncus
roemarianus) transitions to a marsh cove of Smooth Cordgrass (Spartina alterniflora), which is
approximately 500 feet in length, and expands from 100 to 300 feet in width at the open water
edge of Howe Creek.
The waters of Howe Creek adjacent to project site are classified as SA-ORW waters by the
Division of Water Quality. The waters are designated as primary nursery area by the NC Division
of Marine Fisheries, but they are CLOSED to the taking of shellfish. The Wilmington-New
Hanover Land Use Plan classifies the wetland area of the project site as Conservation and those
areas above the 100 year flood elevation as Resource Protection.
The applicant proposes to construct a private road from Middle Sound Loop Road to provide
access into the 5.5 acre tract. The road easement would be approximately 300 feet long and 30
feet wide, terminating in a cul-de-sac, with a 60 feet radius.The applicant proposes an earthen
causeway to span the wetland drain. The earthen causeway would be 75 feet long, 30 feet wide
and averaging 3-4 feet in height. The paved road surface would be eighteen (18) feet wide, with
grassed road shoulders, three (3) feet wide. The applicant would taper the road shoulders to the
wetland surface with a rip rap (rock) embankment, three (3) feet wide and a 1:1 slope. There
would be two (2) concrete pipes (30" diameter) installed to convey water to the downstream side
of the causeway. An additional area of rocks, 10 feet long and 8 feet wide, would be placed on
the wetland surface at both ends of the two culverts, to help diffuse the water flow through the
pipes.The applicant is proposing a single-family residence and reserving the remainder of the
upland area for future development.
10. ANTICIPATED IlUPACTS
The project, as proposed, will incorporate 2410 square of wooded swamp wetlands. The proposed
earthen causeway will impede the wetland's function as a natural drain for the surrounding area,
promoting the potential for flooding and ponding on the upstream side of the filled roadway.
Ponding of waters would create stagnant pools and mosquito breeding habitat. An additional
ATD Construction Co., Inc.
Page 3
14,000 square feet of highground area would be disturbed by the remainder of the road and cul-de-sac,
and house and driveway construction. Additional disturbance and impervious surfaces would be created
by future subdivision of the tract.
Submitted by: E. F. Brooks Date: 2/11/99 Office: Wilmington
\?J
4li +e' K.T ' ' 1
Form DCM-MP-1
1 SQL?
APPLICATI?.O?'o
(To be completed by all applicants)',OASTAL MkNA('?,E',''r1ENT
b. City, town, community or landmark
1. APPLICANT
a. Landowner:
Name ATD Construction Co., Inc.
Address 107 Tom Ave.
City Castle Hayne State NC
c. Street address or secondary road number
-part of 2908 & 2924 Middle Sound Loop Rd.
d. Is proposed work within city limits or planning
jurisdiction? Yes X No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Howe Creek
Zip 28429 Day Phone [phone],93
Fax [phone]
b. Authorized Agent:
Name Land Management Group, Inc.
Address P.O. Box 2522
City Wilmington State NC
Zip 28403 Day Phone [phone]
Fax [phone]
c. Project name (if any) N/A
NOTE. Perndt will be issued in name of landowner(s), mid/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County New Hanover
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Single family home with access road.
Future subdivision possible (no plans
at the present). Fill for road bed
development.
b. Is the proposed activity maintenance of an existing
project, new work, or both? new
c. Will the project be for public, private or commercial
use? private
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. Purpose is to build a
single familv home and private road for
access to upland homesite. Future
subdivision possible (no plans at the
present). Daily operations will utilize
standard construction technicrues
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract approx. 5.5 acres
b. Size of individual lot(s)
5.5 acres
c. Approximate elevation of tract above MHW or
NWL app=- 12' msl or 9.1' mhw

m. Describe existing wastewater treatment facilities.
none - county sewer t-=a -ted 2001
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial /commercial effluent, "wash
down" and residential discharges.)
nnnc
d. Soil type(s) and texture(s) of tract-Leon and Lakeland o. Describe existing drinking water supply source.
sands on uplands, Johnston mucks in wetlands
e. Vegetation on tract loblolly nines dominant
f. Man-made features now on tract none
5. ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
Conservation Transitional
Developed Community
Rural X Other
Resource Protection
h. How is the tract zoned by local government?
R-20 rPCidt-ntial
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning.compliance certificate, iifapplicable)
j. Has a professional archaeological assessment been
done for the tract? Yes _ x No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes _x No
1. Are there wetlands on the site? x Yes No
Coastal (marsh) Other x_
If yes, has a delineation been conducted? yes
(Attach docwnentation, if available)
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 71.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
n_____? n?ene
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
do ers (property does not abut
A dentt la
puic tru? wa ers)
ame NnrrTnn F_ anri Li nr3a T.- Farrow
Address 101 Stonevbrook Road
Phone Wilmington, N.C. 28405-7866
Name Landmark Developers, Inc.
Address P.O. Box 4127
Phone Wilmington, N.C. 28406-1127
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
None
• A check for S250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
Dr 8
DiVIS =
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will ' be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 7 day of Dec. , 19 98 .
Print Name ATD Construction Co.. Inc.
S ignatur
Landowner or uclwrr+ed .1 ent
Please indicate attachments pertaining to your proposed
project.
x DCM MP-2 Excavation and Fill Information
X DCM MP-3 Upland Development
DCM MP-4 Structures Information
X DCM MP-5 Bridges and Culverts
DCM M2-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Average Final
Eristing Project
Length Width Death Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)

Ji{::vv.•i n ..hrr. ..Y.
S Y

r. .
.' j? •t l? FI `/ 1

1. EXCAVATION N/A
a. Amount of material to be excavated from below
MHW or NWL in cubic yards
b. Type of material to be excavated
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes No
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL N/A
a. Location of disposal area
b. Dimensions of disposal area
c. Do you claim title to disposal area?
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No
If yes, where?
Revised 03/95
Form DCM-MP-2
e. Does the disposal'area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
f. Does the disposal include any area in the water?
Yes No
3. SHORELINE STABILIZATION N/A
a. Type of shoreline stabilization
Bulkhead Riprap
b. Length
c. Average distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 months
(Source of information)
f. Type of bulkhead or riprap material
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill
h. Type of fill material
i. Source of fill material
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?';„?''\
X Yes No
If yes,
(1) Amount of material to be placed in the
water None
(2) Dimensions of fill area N/A
(3) Purpose of fill N/A
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
X Yes No - (404 wetlands)
If yes,
(1) Dimensions of fill area 30' x 75'
(2) Purpose of fill road crossing to
access uplands
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? silt fencing and
seeding combination on all graded areas
that will not be impervious
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
backhoe, grading equipment, trucks
c. Will wetlands be cr3ssed in transporting equipment
to project site? X Yes No
If yes, explain steps that will be taken to lessen
environmental impacts. movement will be
restricted to area o proposed
impact
Ap 'cant or Project Name
-Our
7Jti?'cTrd
etc 4i
Date
:J

Revised 03/95

Form DCM-M -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.
a. Type and number of buildings, facilities, units or
structures proposed single family home
b. Number of lots or parcels 1 proposed
c. Density (give the number of residential units and the
units per acre)
1 unit, 0.2 units/acre
.
: J

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 Environmental Management for review?
Yes X No (stormwater mgmt.
If yes, date submitted hermit pending)
i. Describe proposed method of sewage disposal.
septic system until county sewer avail.
expected 2001
j. Have the facilities described in Item i. above
received state or local approval? no
(Attach appropriate documentation)
k.
d. Size of area to be graded, filled or disturbed
including roads, ditches, etc. 5000 sq.ft. homesite
and 11,286 for road and driveway
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.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? Yes X No
If yes, date submitted
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial /commercial effluent,
"wash down" and residential discharges).
minimal surface run-off
1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
public syc m. Carolina TH-ilitiPc
m. Will water be impounded?
If yes, how many acres? _
n. If the project is a oceanfront development, when
was the lot(s) platted and recorded? N/A
marl, concrete. or asphalt
g. Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. 16 %
ATD Construction Co. Inc.
ppa or Project Nam
4gnatum. InZ of
-7
Date
Yes X No
Revised 03/95
Form DCM-MP-5
0
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.
1. BRIDGES N/A
a. Public Private
b. Type of bridge (construction material)
c. Water body to be crossed by bridge
d. Water depth at the proposed crossing at MLW or
NWL
e. Will proposed bridge replace an existing bridge?
Yes No
If yes,
(1) Length of existing bridge
(2) Width of existing bridge
(3) Navigation clearance underneath existing
bridge
(4) Will all, or a part of, the existing bridge be
removed? (Explain)
f. Will proposed bridge replace an existing culvert(s)?
Yes No
If yes,
(1) Length of existing culvert
(2) Width of existing culvert
(3) Height of the top of the existing culvert above
the MHW or Y VL
?;? ICI

(4) Will all, or a part of, the existing culvert be
removed? (Explain)
g. Length of proposed bridge
h. Width of proposed bridge
i. Height of proposed bridge above wetlands
j. Will the proposed bridge affect existing water flow?
Yes No
If yes, explain
k. Navigation clearance underneath proposed bridge
1. Will the proposed bridge affect navigation by
reducing or increasing the existing navigable
opening? Yes No
If yes, explain
m. Will the proposed bridge cross wetlands containing
no navigable waters? Yes No
If yes, explain
n. Have you contacted the U.S. Coast Guard
concerning their approval?
Yes No
If yes, please provide record of their action.
Revised 03195
Form DCM-MEP-5
2. CULVERTS
a. Water body in which culvert is to be placed -
wetland drain on property to existing
ditch a ong i e oun p Rct.
b. Number of culverts proposed
c. Type of culvert (construction material, style)
reinforced concrete pipe
d. Will proposed culvert replace an existing bridge?
Yes X No
If yes,
(1) Length of existing bridge
(2) Width of existing bridge
(3) Navigation clearance underneath existing
bridge
(4) Will all, or a part of, the existing bridge be
removed? (Explain)
e. Will proposed culvert replace an existing culvert?
Yes X No
If yes,
(1) Length of existing culvert
(2) Width of existing culvert
(3) Height of the top of the existing culvert above
the MHW or NWL
(4) Will all, or a part of, the existing culvert be
removed? (Explain)
f. Length of proposed culvert Double 30' rep or
galvenized pipe
g. Width of proposed culvert Double 30" pipes
h. * Height of the top of the proposed culvert above the
MHW or NWL 12'sl or 9.1 mhw
i. Will the proposed culvert affect existing water flow?
j. Will the proposed culvert affect existing navigatio,
potential? Yes X No
If yes, explain
3. EXCAVATION AND FILL
a. Will the placement of the proposed bridge or culvert
require any excavation below the NEW or NWL?
Yes X No
If yes,
(1) Length of area to be excavated
(2) Width of area to be excavated
(3) Depth of area to be excavated
(4) Amount of material to be excavated in cubic
yards
b. Will the placement of the proposed bridge or culvert
require any excavation within: No
- Coastal Wetlands _ SAVs - Other Wetlands
If yes,
(1) Length of area to be excavated
(2) Width of area to be excavated
(3) Amount of material to be excavated in cubic
yards
c. Will the placement of the proposed bridge or culvert
require any highground excavation?
Yes X No
If yes,
(1) Length of area to be excavated
(2) Width of area to be excavated
(3) Amount of material to be excavated in cubic
yards
d. If the placement of the bridge or culvert involves
any excavation, please complete the following: N/A
(1) Location of the spoil disposal area
(2) Dimensions of spoil disposal area
Yes X No (3) Do you claim title to the disposal area?
If yes, explain Yes No
If no, attach a letter granting permission from
7M 7",
,1? the owner.
I U
Revised 03195 D 5 %s i s I
lAr
Form DCM-M -5
(4) Will the disposal area be available for future
maintenance? Yes No
(5) Does the disposal area include any coastal
wetlands (marsh), SAVs, or other wetlands?
Yes No
If yes, give dimensions if different from (2)
above.
(6) Does the disposal area include any area below
the MHW or NWL? Yes No
If yes, give dimension if different from No. 2
above.
e. 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 below
MHW or NWL? Yes X No
If yes,
(1) Length of area to be filled
(2) Width of area to be filled
(3) Purpose of fill
Will the placement of the proposed bridge or culvert
result in any fill (other than excavated material
described in Item d. above) to be Dlaced within:
b. Will the proposed project require the relocation of
any existing utility lines? Yes x_ No
If yes, explain in detail
Will the proposed project require the construction of
any temporary detour structures?
Yes X No
If yes, explain in detail
d. Will the proposed project require any work
channels? Yes _ x No
If yes, complete Form DCM-MP-2
e. How will excavated or fill material be kept on site
and erosion controlled? silt fencing/seeding
combination or acceptable engineering
standards
f.
What type
(for exa
dredge)?
of construction equipment will be used
Vicinity Map
ATD Construction Co., Inc
New Hanover County, NC
SCALE 1' = 2000' N Howe Creek
7 December, 1998