19990169 Ver 1_COMPLETE FILE_19990324

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Walter A. Warren PROJECT NAME: Warren Sul?.di`v Sion

2. LOCATION OF PROJECT SITE: Atkinson Road, Surf City, Pender County
)
Photo Index - B2?: 25-312 Grid E,F,G,H,I-17 IM: 4 173 16 Grid J K L M,
w
State Plane Coordinates - X: 2 431 000 Y: 245 000 2

3. INVESTIGATION TYPE: CAMA

4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - Numerous
Was Applicant Present - Agent Was Present
5. PROCESSING PROCEDURE: Application Received - cc: February 3, 1999
Office -Wilmington
6. SITE DESCRIPTION: pAyNIENT
(A) Local Land Use Plan - Town Of Surf City ECEIVED
Land Classification From LUP - Conservation-Marshland R
(B) AEC(s) Involved: Estuarine Shoreline
(C) Water Dependent: No
(D) Intended Use: Residential Subdivision
(E) Wastewater Treatment: Existing - Town of Surf City Municipal
Planned - Same As Above
(F) Type of Structures: Existing - None
Planned - Subdivision Street, Utilities, & Driveways
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7
HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
Federal & Isolated Coastal Wetlands .39 Acres
(B) Non-Vegetated Wetlands
(C) Other
High round .9 Acres
(D) Total Area Disturbed: 1.2 Acres
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: Yes
8.
PROJECT SUMMARY: The applicant proposes to develop an 8-acre tract of land into a 46-lot
residential subdivision.
Page Two
9. PROJECT DESCRIPTION
The Warren tract of land is located on Topsail Island in Surf City, Pender County. The property is
located off of Highway 50 (South Shore Drive) at the end of Atkinson Road. The tract is a peninsula
bordered on three sides by man-made canals and Topsail Sound. The property is approximately 1250'
long by 240' wide.
This tract has previously been referred to as the "Ruth King Subdivision". In 1989, a CAMA Major
Permit Application was filed requesting authorization to bulkhead the perimeter of the property and fill
the entire tract raising the elevation by 2.0'. The application requested permission to fill 2+ acres of
wetlands. The 401 Water Quality Certification and CAMA Permit were subsequently denied. A modified
CAMA Permit Application was completed in July, 1990. In May, 1991 an investigation was made
concerning fill material being hauled to the property. According to file notes, this material was not placed
in wetlands. In November, 1991, CAMA Major Permit #142-91 was issued to Ruth A. King conditional
upon the applicant receiving all required permits and approvals including a 401 Water Quality
Certification. The Certification was denied by the Division of Water Quality. Mrs. King filed a
"takings" claim against both the Environmental Management Commission and the Coastal Resources
Commission. The claim was based on: (1) the EMC's denial of her application for a Section 401 Water
Quality Certification to fill wetlands for the purposes of constructing an access road for a residential
subdivision; and (2) the CRC's issuance of a CAMA Permit for the project that was conditioned on King
obtaining the 401 Certification prior to construction. By order of June 6, 1997, the North Carolina
Supreme Court denied Ruth King's petition for discretionary review. The Court of Appeals upheld
summary judgment for the State agencies on Mrs. King's takings claim.
The U. S. Army Corps of Engineers has delineated the federal wetlands on the tract and determined that
1.8 acres of the 8 acre tract is jurisdictional federal wetlands. The federal wetland boundaries are shown
on the attached maps. There are several species of coastal wetlands present on the property, including
Spartina cynosuroides. Spartina patens. S.partina alterniflora. Juncus roemerianus and Typha. Coastal
wetlands are located along the edge of the shoreline as well as in the middle of the tract. Those coastal
wetlands along the shoreline are 2' to 10' wide and regularly tidally inundated while the wetlands in the
middle of the tract have no apparent surface-water connection. The property has been manipulated over
the years, beginning more than twenty years ago. Speculation from aerial photography would suggest that
the canals on either side of the property were constructed through marsh and the spoil material from the
dredging was placed to the side, creating what is now "high" ground.
The approximate elevation of the high ground is 4' above mean high water with small topographical
variations over the tract. The area is vegetated with the coastal wetland species mentioned above, federal
wetland species as well as many, many other grasses and shrubs.
Mrs. King's son, Walter Warren, now presents a further modified plan for review. Mr. Warren proposes
to develop this tract into a 46-lot residential subdivision by constructing a central access road with a cul-
de-sac, utilities and driveway connections. A portion of the access road and eight shared/joint driveways
are to be constructed within wetlands. Approximately .39 acres of wetlands would be filled as a result
of this construction. A total of 1.2 acres of land disturbance would result from the project, according to
the description provided. No residential construction is being proposed at this time. The tract and
proposed development fall within the Estuarine Shoreline Area of Environmental Concern.
Page 3
The waters of Topsail Sound surrounding this property have been classified as SA by the Division of
Water Quality. The waters are open to the taking of shellfish. The project is not in an area designated
as primary nursery by the Division of Marine Fisheries. However, the property is located immediately
South of primary nursery waters and is thought to function as a nursery area.
There are currently no man-made features on the tract.
10. ANTICIPATED IMPACTS
Authorization of the project as requested will result in the loss of .39 acres of wetlands (some being
coastal wetland species without a surface-water connection). Approximately 1.2 acres of remaining
wetlands would be dissected by the driveway fill, connected by culvert pipes. The ability of the wetlands
to function in the removal of nutrients and sediments from stormwater will be reduced. Approximately
1.2 acres would be disturbed by the road and utility work. Timely and conscientious installation of
erosion control devices should reduce the potential of sediments reaching the surrounding waters.
Janet M. Russell / March 10, 1999 / Wilmington
MITCHELL & ASSOCIATES, INC.
1121 SOUTH FRONT STREET
WILMINGTON, NC 28401
September 3, 1998
Subject: Submittal of Application for Major CAMA Permit,
Section 404 Permit, and Section 401 Water Quality Certification;
Mr. Walter A. Warren; Topsail Sound, Surf City, Pender County, N.C.
North Carolina Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
And r
Wilmington Regulatory Field Office
U. S. Army Corps of Engineers
P.O. Box 1890
i
Wilmington, NC 28402-1890 _
Transmitted by this letter is an Application for State and Federal permits in behalf of Mr. Walter
A. Warren to complete the development of a residential/vacation housing project on his property in Surf
City, N.C. on the northwest side of N.C. Hwy 50 approximately 1'/z miles south of the Intracoastal
Waterway Bridge (NC-50). Mr. Warren proposes to extend an existing street and develop lots along the
shore of existing canals on this site. This work will involve the filling of 0.39 Acres of 404 wetlands some
of which is within the Estuarine Shoreline Area of Environmental Concern (AEC).
The dredging of the existing canals adjacent to this project was authorized by state and Federal
permits and accomplished in the late 60's and early 70's when the subsequent filling of the adjacent
marshlands was not regulated. This work was done with the intent of the development of residential lots
along the canals. Cones of Engineers Permit CESAW-C090-N-071 and state Dredge & Fill Permit No.
241, issued to Esther A. Henderson, address that completed canal work.
Mr. Walter A. Warren, acting with Power of Attorney for his mother, Mrs. Ruth A. King, applied
in 1989 and 1990 for permits to complete the development of the project. That application requested the
approval of bulkheading for the entire shoreline and the filling of all of the interior wetlands
(approximately 2.0 acres). These permits were the subject of intense dialog between the applicant and the
agencies and eventually were involved, at the state level, in appeal hearings and judicial review. The
applications as submitted were denied. The basis for denial primarily involved the failure to minimize
wetland loss resulting from the bulkheading and the filling of all of the approximately 2-acre interior
wetland. The final judicial opinion on that application was rendered on June 5, 1997.
Mrs. King has subsequently died and Mr. Warren now submits this new and revised application as
the heir to the property. This application requests no bulkheadingz and minimizes the request for wetland
fill to 0.39-acre. This minimization has been accomplished:
(1) by recognizing that the shoreline has been naturally stabilized by the emergence of
coastal marsh species, eliminating the need for a bulkhead and backfill,
(2) by offsetting the proposed access road southward to the edge of the interior wetland,
(3) by reducing the number of lots proposed, and
(4) by proposing shared driveways from the access road to the north canal lots.
In this application, Mr. Warren has sought to address the previous concerns of the agencies and preserve
important wetland resources on the site. We look forward to working with the state and Federal agencies
on this application and to responding to any questions or requests for additional information that may be
forthcoming.
?Sincerely,
David A. Syster
Encl: Application
(w/NCDCM Package: $250 Check, Deed, Wetland Survey, Authorization Letter)
Cy: Mr. Walter A. Warren

f
Form DCM-MP-1
APPLICATI _
(To be completed by all applicants) Y -
10
b. City, town, community or mi'Ic%F_ r?i.j.
1. APPLICANT G
c. Street address or secondary road number
a. Landowner: £'- son 1>0ACA
Name ?1?Q Lt?-t2 ,.c?l4 R ZENI
Address_ / ?.I S . St?oR? IDP-iv
City 40LJ_N 2,DGLS' State
Zip Day Phone X10.3 2.8- 3 y 01
Fax
b. Authorized Agent:
d. Is proposed work within city.limits or planning
jurisdiction? t/ Yes No
e. Name of body of water nearest. project (e.g. river,
creek, sound, bay) _ II OPspIL_ ou/ut?

3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
Name n ?q VID /-? SysT?Z
J!{r["G}}?'t..C.. ? faSSOG,?T1?IC,
Address u r?4- o v r Or,
City ill t..Lr?lGy-? State C
Zil)Z-" !7 l Day Phone 91 b - .S'?l - p ?n Z
Fax 9W "D o t7?
c. Project name (if any) _ nrzf2w-N cw3 pIYIS101V
NOTE: Permit will be issued in none of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County
ND
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
CoNswtvcnoN OF nVM- rf-n
VR%1y6:WJ1q1fS AND u7-1WT'/6S /NVOI.VtMG
tntNO/t ?rc.unc of e4O wSyLAMRs
b. Is the proposed activity maintenance of an existing
project, new work, or?th? __ NSW woRtc
GDnapt£rt aN F OLD P7-9MIT
C. Will the project be for public, private or commercial
use? Pa t V A-M
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 Dyes.
CONSY?2uc?7- ra c?sS agap
)q A ?2 V W A 4 S PiA t2Tf FQ C_[_s.? !JJ
- Hncl [,?g,-?4N DS
Revised 03/95
Form DCM-MP-1

-----------------
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract-.
R l? ergs
b. Size of Individual lot(s) -boo se ?m
C. Approximate elevation of tract above MHW or
NWL . O
d. Soil type(s) and texture(s) of tract
?t3ND
e. Vegetation on tract /htxec, x- Rua- rareum
f. Man-made features now on tract Only
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local [arid use plan.)
Conservation Transitional
Developed . .-.Community
Rural • Other
h. How is the tra zoned by local government?
I. Is the proposed oject consistent with the applicable
zoning? • . =Yes . _ No
(.![loch Zoning eor5v ance c'nocate, (fappUcable)
j. Has a professional archaeological assessment been
done for the tract? Yes . 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 el'gible property?
Yes No
1. Are there wetlands on the site? ?yes Coastal (marsh) ? Other No
If Yes, has a delineation been conduc ed? - l'
(.leach doeunientadon, if available)
m. Describe ex'?ting wastewater treatment facilities.
?mvwr r•?
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.)
o. Describe existinkrinking•water supply source.
(( /Yi(1N61F•?
5. ADDITIONAL INFORMATION
In addition. Ito. the completed application form, the
following items tnust 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, tote, 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'clalms 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
Revised 03195
Form DCM-NIP-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 certifi that such notice has been provided.
F1F}E`s o/N? 5????vtsrant?
Name rvt?co nlSmeucytyN , Sc?f c,
Address _12, D < lBoK Z-7 o y
Phone Sow-F C,-r-1 Al C. Z' qS*
Name 4op,<,t4s
Address O se )& G
Phone ?
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.

• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.

r
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 day of P? , 190LF.
Print Name 1 p cTea2 A. W 14x2 tzo4
Signature
Landowner o&.A L -d- d.l ear
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
_ DCM MP-3 Upland Development
_ DCM MP-4 Structures Information
_ 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.
Revised 03/95
Form DCM-M -2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. 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.
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
Average Fiaal
Existing Project
Length Width Depth Depth

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`
' ::t::`:<•:;; :fit ???;?;?y:
,:
i Y?
;

1. EXCAVATION
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 M07
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-NIP-2
e. Does the disposal area include any coastal wetlands If yes,
(marsh), SAVs or other wetlands? (1) Amount of material to be placed in the
Yes No water
"..(2) Dimensions of fill area
f. Does the disposal include any area in the water?, ,.
Yes No (3) Purpose of fill
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
Bulkhead Riprap OBI
b. Length
c. Average distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
b. Will fill material be placed in coastal wetlands
(marsh_ _-SAVs or other wetlan s?
?1// Yes No c,(Dc{ Gu?yz Hf?
If yes,
(1) Dimensions of fill area ©. 3q ALCAES
(2) Purpose of fill s i2oiQ-Q
9ND SRAggy DRIVE-ways
5. GENERAL.
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 f11-material be brought to site?
K Yes No
a. How will excavated or fill material be kept on site
and erosion controlled?
?2A556:D st..DP$? , 5t LT F?7V G$S
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
c. Will wetlands be cr- ed in transporting equipment
to project site? KYes No
If yes, explain steps that will be taken to lessen
environmental impacts. Po ziyStJ,9YS
Grr1ViYLGVZOVG c 0tFTLION DS - St.D Fe7S
C--)t LL &E STQ23 I L I ZI? P
WflRRVQ &c,-a?V tS1 oAv
A plicant or Protect Name
?
12 (?. . T Cf?Qh?9.Pitil
Signature
?/3 ?4 S
Date
RevLced 03/95
FROM : CHARLIE HOLLIS REGULATORY CONS PHONE N0. : 9103926833
porm XwNw.3
UPLAND
DE- VIVEL-OPMENT
(Construction and/or land disturbing arxlvides)
Attach this farm to Joint Applicatiou for CA
MA Major
Aermit, corm bCM-Mp-I. BC sure to complete all
other =10118 of the Joint Application that relate to this
proposed project.
8. Type and number of buildings, rcpilitids? units or
strl3rturtis proposed to
l7, Number of loos or parcels
c. Density (give the number of residential units and the
units per acre). y
d. Size of area to be graded, tilled or disturbed
Including roads, ditebes, etc, - a , 7: J e-
e, If the prOposod project will disturb more than one
acre of land, the Division of Lund Resourm must
receive an erosion ahd sedimentation contr()l plan at
least 30 Buys before, lanai disturbing activity berginv.
If applicable, has a sedimentation and erosion
control plan been ubmltted to the Division of Land
Rasourees? 'q yes
No
If yes, data submitted
f, List the materials (such as marl; paver stmnG,
xsphult, or concrete) to iio usod for pav surfaces.
f - Ch r_
b. r"ve the percettitabn of the tract within 75 feet of
MHW or NWT., or within 575 feet in the care of an
0utstanditlg Resource Water, to be covered by
Impervious xnd/or built-upon surfacm, such as
pavement, buildings, rooftops, or to be, used for
vohicular driroways or pat'kirig. 1s5;/o
Mar. 11 1999 08:04AM P02
b, Projects that squire a CAMA Major Aevelopment
parsmit mey also rogtiirto a Stormw?ater Certification,
Has a fiite development plan bean submitted to the
Division of Environmental Managetnent for mview7
Yes !! No
If yes, date 8ubmittmi
Describe proposed 171000d of Re age disposal,
?• Have the facilities described in item L above
received state or local apprpval?
(44arh erpromixe dotum nt rim J
k, Daaeribe location and type Of Proosed clNehargtis to
waters of the state (for eXammplo, surface runoff,
saoltary wastewatdr, Industrial/commercial of nuent,
"wash down' and residential dlseharges).
I. Describe proposed drinking wAtor supply source
(e.g. well, community, public system, etc.)
m. Will water be Impounded? Yes No
If yes, how many acres?
n. If the projoCt is a oceanfront developmen , when
Wde the Int(s) platted and rocorded?
Applkeut ur r MOCA name
Fate
kev?vt,d 03im 400 COp)es Of this oublio documnnt ut&r? nrtnta,4 n1 n • -I .... rmn - _.
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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
LT
4 0 •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 3, 1999
DWQ Project # 990169
Pender County
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Mr. Walter Warren
1421 S. Shore Road
Holly Ridge, NC 28445
Dear Mr. Warren:
The Division of Water Quality has reviewed your plans for the discharge of fill material into 0.39
acres of streams and/or wetlands located at Atkinson Road in Surf City in Pender County for residential
development. Based on this review, we have identified significant uses, which would be removed or
degraded by this project. 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 and the N.C. Division of Coastal Management 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 development without bisecting the wetland with numerous
road crossings? 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.
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 127 Cardinal Drive Extension,
Wilmington NC 28405. 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.
Sincerely,
yoon ?brney
cc: Wilmington DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
John Dorney
Wilmington Field Office Corps of Engineers
David Syster; Gary Mitchell & Asso.
990169.nty
Wetlanris/dnl Unit
4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
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ecretary
North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P.E., Director
Division of Water Quality
0 Coleen H. Sullins, Deputy Director
Division of Water Quality

Division of Water Quality
Department of Environmental and Natural Resources
Wetlands/401 Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: [phone]
,1 Fax #: [phone]
Fax To: Nde-1 lc- Fax #: W 0 - 3So • 92 00C(
Company: Date: !- r'
Number of pages including cover sheet:
Notes or special instructions:
!fiA
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
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 • ?
Boom
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 17, 1999
Pender County
DWQ Project # 990169
APPROVAL OF 401Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules
Walter Warren
1421 S. Shore Drive
Holly Ridge, NC 28445.
Dear Mr. Warren:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.39 of
wetlands or waters for the purpose of constructing a residential subdivision at Atkinson Road, as you described in your application
dated June 2, 1998. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3112. This approval is also valid for the Neuse River buffer rules (15A NCAC 2B .033). In addition, you
should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment
and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. 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). This approval shall expire when the corresponding Nationwide Permit
expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed
in the attached certification and any additional conditions listed below.
1. A conservation easement shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet
of all streams and ponds prevent future wetland 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).
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.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
John Domey
Central Files
Todd St. John
Doug Huggett, DCM
Charlie Hollis
S' ely,
. Stevens
990169.Itr
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
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http://h2o.enr.state.nc.us/wetlandc.htmI
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
A 4?
James B. Hunt, Jr., Governor NC ENR
Wayne McDevitt, Secretary NORTH CAROLINA DEPARTMENT OF
Kerr T. Stevens, Director ENVIRONMENT AND NATURAL RESOURCES
September 13, 1999
Pender County
DWQ Project # 990169
APPROVAL OF 401Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules
Walter Warren
1421 S. Shore Drive
Holly Ridge, NC 28445
Dear Mr. Warren:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.39 of
wetlands or waters for the purpose of constructing a residential subdivision at Atkinson Road, as you described in your application
dated June 2, 1998. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3112. This approval is also valid for the Neuse River buffer rules (15A NCAC 213 .033). In addition, you
should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment
and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire
when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This Certification
replaces the one issued to you on August 17, 1999.
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). This approval shall expire when the corresponding Nationwide Permit
expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed
in the attached certification and any additional conditions listed below.
I. A conservation easement shall be placed on all lots with remaining jurisdictional wetlands and waters prevent future wetland
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).
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.
Sincerelv.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
10"Dorney,
Central Files
Todd St. John
Doug Huggett; DCM
Charlie Hollis
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
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FROM : CHARLIE HOLLIS REGULATORY CONS PHONE NO. : 9103926833 Sep. 10 1999 02:41PM P01
CHARLIE HOLLIS
Regulatory Consultant
138 Green Forest Drive
Wilmington, NC 29409
Phone-,TAX 910-392-6833
September 10, 1999
Project: Water Quality Certification fbr Walter Warren;
DWQ Project #990169
Surf City, Ponder County, NC
Mr, John R. Domey
North Carolina Department of Envlronment,
Health and Natural Resources
Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27
Dear Mr. rn
Please reference your letter dated August 17, 1999 to Mr. Walter Warren (received September 3,
1999) approving the use of General WQC # 3112 for his disturbance of 0.39-acres ofwotlanda. Please also
reference our telephone conversation today regarding the wording of Condition 1. in your letter.
The first sentence of Condition 1. states: "A conservation easement shall be placed on all lots with
remaining jurisdictional wetlands and waters or areas within within SO feet of all streams and ponds (to)
prevent future wetland impact." We agreed during our conversation today that the last portion of that
sentence is inappropriate in this case since all of the lots are adjacent to the sboreline of an existing canal.
Accordingly the condition should read: "A conservation easement shall be placed on all lots with remaining
jurisdictional wetlands." I understand that you will issue a. rovised letter to clarify this matter.
Thank you for your assistance,
n r
Charlie Hol is
Cy: Jeff Richter-C.OE
Joanne Steenhuis
Doug Huggett
Walter Warren
FROM : CHARLIE HOLLIS REGULATORY CONS PHONE NO. : 9103926833
MITCHELL & ASSOCIATIKS, INC.
1121 South Front Street
Wilmington, NC 28401
Phone; 910-254-0602
FAX: [phone]
June 2, 1999
Project: Walter A. Warren; Application for:
1. COE Sec 404 Permit: COE Action ID No. 199900928,
2. Major CAMA Permit, and
3. NCDWQ 401 Certification: DWQ Project #990169
Mr, )ohn Dorney
N.C. Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27607
Jul. 19 1999 01:37PM P01

This will eonflrm discussions today with Ms. Joanne Steenhuis of your Wilmington stall.
In order to address concerns about the cumulative future loss of wetlands caused by individual lot
owners, the applicant ogees to place nodlication on deeds for each lot bordering on wetlands disallowing
wotland fill by the individual lot owners.
Thank you for your assistance in resolving this matter.
Sincerely,
(24a-?
v'David A. yater
Cy: Joanne Steenhuis, NCDWQ
Jeff Richter, COE
Doug Huggett, NCDCM
AUG.-04'99(WED) 15:23 DEHNR COSTAL MGMT TEL:[phone] P. 001
C nod: Ac(1
DMSION OF COASTAL MANAGEMENT y
FIELD INVESTIGATION REPORT ?o m U ?q 14.
1. APPLICANT'S NAME: Walter A. Warren PROJECT NAME: Warren Subdivision
2. LOCATION OF PROJECT SI'T'E: Atkinson Road, Surf City, Pender County
Photo Index - IM: 25-312 Grid E,F,G,II,I-17 IM: 4 173 16 Grid J,K,L,M,N-7
State Plane Coordinates - X: 2 431000 Y: 245 000
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - Numerous
Was Applicant Present - Agent Was Present
5. PROCESSING PROCEDURE: Application Received - cc: February 3, 1999
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town Of Surf City
Land Classification From LUP - Conservation-Marshland
(B) - AEC(s) Involved: Estuarine Shoreline
(C) Water Dependent: No
(D) Intended Use: Residential Subdivision
(E) Wastewater Treatment: Existing - Town of Surf City Municipal
Planned - Same As Above
(F) Type of Structures: Existing - None
Planned Subdivision Street, Utilities, & Driveways
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7
HABITAT DESCRIPTION: [AREA]
(A) Vegetated Wetlands
Federal & Isol$ted Coastal Wetlands
39 Acres
(B) Non-Vegetated Wetlands
(C) Other
(D) Total Area Disturbed: 1.2 Acres
(E) Primary Nursery Area: No
(F) Water Classification: SA
.9 Acres
Open: Yes
8. PROJECT SUMMARY: The applicant proposes to develop as 8-acre tract of land into a 46-lot
resideatial subdivision.
AUG.-04'99(WED) 15:23 DEHNR COSTAL MGMT TEL:[phone] P. 002
Page Two
9. PROJECT DESCRIPTION
The Warren tract of land is located on Topsail Island in Surf City, Pender County. The property is
located off of Highway 50 (South Shore Drive) at the end of Atkinson Road. The tract is a peninsula
bordered on three sides by man-made canals and Topsail Sound. The property is approximately 1250'
long by 240' wide.
This tract has previously been referred to as the "Ruth Icing Subdivision". In 1989, a CAMA Major
Permit Application was filed requesting authorization to bulkhead the perimeter of the property and fill
the entire tract raising the elevation by 2.0'. The application requested permission to fill 2+ acres of
wetlands. The 401 Water Quality Certification and CAMA Permit were subsequently denied. A modified
CAMA Permit Application was completed in July, 1990, In May, 1991 an investigation was made
concerning fill material being hauled to the property. According to file notes, this material was not placed
in wetlands. In November, 1991, CAMA Major Permit #14291 was issued to Ruth A. King conditional
upon the applicant receiving all required permits and approvals including a 401 Water Quality
Certification. The Certification was denied by the Division of Water Quality, Mrs. King filed a
"takings" claim against both the Environmental Management Commission and the Coastal Resources
Commission. The claim was based on: (1) the FMC's denial of her application for a Section 401 Water
Quality Certification to fill wetlands for the purposes of constructing an access road for a residential
subdivision; and (2) the CRC's issuance of a LAMA Permit for the project that was conditioned on King
obtaining the 401 Certification prior to construction. By order of June 6, 1997, the North Carolina
Supreme Court denied Ruth King's petition for discretionary review. The Court of Appeals upheld
summary judgment for the State agencies on Mrs. King's takings claim.
The U. S. Army Corps of Engineers has delineated the federal wetlands on the tract and determined that
1.8 acres of the 8 acre tract is jurisdictional federal wetlands.The federal wetland boundaries ark-shown
on the attached maps. There are several species of coastal wetlands present on the property, including
Snar?ynosuroides, $.partinpa ens. Spartina alterniflora. Juncus roeMerianus and Tvnha. Coastal
wetlands are located along the edge of the shoreline as well as in the middle of the tract. Those coastal
wetlands along the shoreline are 2' to 10' wide and regularly tidally inundated while the wetlands in the
middle of the tract have no apparent surface-water connection. The property has been manipulated over
the years, beginning more than twenty years ago. Speculation from aerial photography would suggest that
the canals on either side of the property were constructed through marsh and the spoil material from the
dredging was placed to the side, creating what is now "high" ground.
The approximate elevation of the high ground is 4' above mean high water with small topographical
variations over the tract. The area is vegetated with the coastal wetland species mentioned above, federal
wetland species as well as many, many other grasses and shrubs.
Mrs. King's son, Walter Warren, now presents a further modified plan for review. Mr. Warren proposes
to develop this tract into a 46-lot residential subdivision by constructing a central access road with a cul-
de-sac, utilities and driveway connections. A portion of the access road and eight shared/joint driveways
are to be constructed within wetlands. Approximately .39 acres of wetlands would be filled as a result
of this construction. A total of 1.2 acres of land disturbance would result from the project, according to
the description provided. No residential construction is being proposed at this time. The tract and
proposed development fall within the Estuarine Shoreline Area of Environmental Concern.
AUG.-04'99(WED) 15:24 DEHNR COSTAL MGMT TEL:[phone] P. 003
Page 3
The waters of Topsail Sound surrounding this property have been classified as SA by the Division of
Water Quality. The waters are open to the taking of shellfish, The project is not in an area designated
as primary nursery by the Division of Marine Fisheries. However, the property is located immediately
South of primary nursery waters and is thought to function as a nursery area.
There are currently no man-made features on the tract.
10. ANTICIPATED IWACTS
Authorization of the project as requested will result in the loss of .39 acres of wetlands (some being
coastal wetland species without a surface-water connection). Approximately 1.2 acres of remaining
wetlands would be dissected by the driveway fill, connected by culvert pipes. The ability of the wetlands
to function in the removal of nutrients and sediments from stormwater will be reduced. Approximately
1.2 acres would be disturbed by the road and utility work. Timely and conscientious installation of
erosion control devices should reduce the potential of sediments reaching the surrounding waters.
Janet M. Russell / March 10, 1999 / Wilmington
AUG. -04' 991WED) 15:24 DEHNR COSTAL MGMT
TEL:[phone] P. 004
NUTCHELL & ASSOCIATES, INC.
1121 SOUTH FRONT STREET
WILMINGTON, NC 28401
September 3, 1998
Subject: Submittal of Application for Major CAMA Permit,
Section 404 Permit, and Section 401 Water Quality Certification;
I& Walter A. Warren; Topsail Sound, Surf City, Pender County, N.C.
North Carolina Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405-3545
And
Wilmington Regulatory Field Office
U.S. Array Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
r
r
Transmitted by this letter is an Application for State and Federal permits in behalf of Mr. Walter
A. Warren to complete the development of a residential/vaoation housing project on his property in Surf
City, N.C. on the northwest aide of N.C. Hwy 50 approximately 1 Yt miles south of the Intracoastal
Waterway Bridge (NC-50). Mr- Warren proposes to extend an existing street and develop lots along the
shore of existing canals on this site. This work will involve the filling of 0.39 Acres of 404 wetlands some
of which is within the Eshorine Shoreline Area of Environmental Concern (AEC).
The dredging of the existing canals adjacent to this project was authorized by state and Federal
permits and accomplished in the late 60's and early 70's when the subsequent filling of the adjacent
marshlands was not regulated. This work was done with the intent of the development of residential lots
along the canals. Corps of Engineers Permit CESAW-CO90-N-071 and state Dredge & Fill Permit No.
241, issued to Esther A. Henderson, address that completed canal work
Mr. Walter A. Warren, acting with Power of Attorney for his mother, Mrs. Ruth A. King, applied
in 1989 and 1990 for permits to complete the development of the project. That application requested the
approval of bulkheading for the entire shoreline and the filling of all of the interior wetlands
(approximately 2,0 acres). These permits ware the subject of intense dialog between the applicant and the
agencies and eventually were involved, at the state level, in appeal hearings and judicial review. The
applications as submitted were denied. The basis for denial primarily involved the failure to minimize
wetland loss readtlag $orn the bull:heading and the filling of all of the approximately 2-acre interior
wetland. The final judicial opinion on that application was rendered on June 5, 1997.
Mrs. King has subsequently died and Mr. Warren now submits this new and revised application as
the heir to the property. This application requests nQJuH2 and minimizes the request for wetland
fill to 0,}2:4c[Q. This minimization has been accomplished;
(1) by recognizing that the shoreline has been naturally stabilized by the emergence of
coastal marsh species, eliminating the need for a bulkhead and baekfill,
(2) by offsetting the proposed access road southward to the edge of the interior wetland,
(3) by reducing the number of lots proposed, and
(4) by proposing shared driveways from the access road to the north canal lots.
AUG.-04'99(WED) 15:24 DEHNR COSTAL MGMT TEL:[phone] P.005
In this application. Mr. Warren has sought to address the previous concerns of the agencies and preserve
important watland resources on the site- We look forward to working with the state and Federal agencies
on this application and to responding to any questions or requests for additional information that may be
forthcoming.
Sincerely,
David A. Syster
Encl: Application
(w/NCDCM Package; $250 Chock, Deed, Wedand Survey, Authorization Letter)
Cy: Mr. Walter A. Warren
rl t, 1 11 ' l' J ,II?C ? ,, r1?.2J
C? 'A
AUG.-04'99(WED) 15:24 DEHNR COSTAL MGMT TEL:[phone] P. 006
Form DCM-MP-1
APPLICAT10,N'
(To be Wrnpletad by all applicants)
1. APPLICANT
s. Landowner:
Name p R t?E?l
Address S oRt~ ?v
City-40C.Lq p1prAF- State , ,M__.
Zip -2,tLy.j;? Day Phone g- DI
Fax
b. Authorised Agent:
Nuns S.
f?
I ? i rrc-'+WLL -tig55o c, T1?1 C
Address
City mtaxreL State,
Zip .Z ? Day Phone Qj0-Z5',q-e)j0Q?
Fax
C' Project name cif Any) u 01YISJON
NOME; )erudl wf!! be irirrcd in name ojlandowncr(r), ?d/ar
prgfeM nano.
2. LOCATION OF PROPOSED
PROJECT
Count
' y
TA L
b, City, town, communi or thil&lENT
C
F.. Strout address number
fr,
or seconduy road
d. Is proposed work within city.limits or planning
jurisdiction? Yes No
e. Name of body of water nearest•pro ect (e.g. river,
creek, sound, bay) 7_1,o PtiSRlt- OwNb
3. DESPRUMON AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g,
building a some, motel, manna, bulkhead, pier, and
excavUlou and/or filling activities.
e. N
&E skmimax
CKMrWatfs AND u•ri ings ammixilia r
MS 5&4=wN
b. Is the proposed activity maintenance of an exisUg
project, new work, or,?
CD^ ?WTI DR C)LP PEMMIT
c. Will the project be for public, private or commercial
use? tv
d. Give a brief description of purpose, use, methods of
construction and daily opcratlons of 'proposed
project. If more space is needed. please attach
additional Dazes. _
??ILIAys
`
?D ?. ' ?_ 27'I Ii L;t.?•i I.?.1 ?.
Revised 0319s
AUG.-04'99(WED) 15:25 DEHNR COSTAL MGMT TEL:[phone] P. 007
Form DCM-M .1

4• LAND AND WATER
CHARACTERISTICS
a, Size of entire tract ems
b, Size of Individual lot(s) u5"a00 (n,4)
c, Approximate elevation of tract above MHW or
NWL_ 4.O
d, Soil type(s) and texture(s) of tract
b
e. Vegetation on tract jZogwep
arlee, - as
G gLSTi m
f. Man-made features now on tract onl
g. What Is the CAMA Land Use Plan land
classification of the site? ramulr A0 loan1 lard UZI pkm.j
?-' In. Describe ex ting wastewater treatment facilities.
n. Describe location and type of discharges to waters
of the state. (For oxample, surface runoff, sanitary
wastewater, Industrial/eommerelal effluent, 'wash
down" and realdeatl discharges,)
o, Describe existin rng•?wa`ter supply souroc.
Conservation Transltlonai
Developed . .Community
Aural Other
h. How Is the tra zoned by local government?
Is tha'propos?ed ject consistent with the applicable
. zoning? - . - r` Yes • " No
(.11aeh sonfna oa?tpUW,C C,,W rart, !l ?lPP?aabltJ
J• Has a professional archaaologlcal esse;smcnt been
done for the tract? ` yes ?V No
If yes, by whom?
k. Is the projea lgcated in a National Registered
Historla District or dogs it Involy; -a -National
' Register'Itsted or epglble proppny?
-?? Yes ? No
1. Are there wetlands on the site? ?yes No
Coastal (marsh) ? Other 1404
If yes, has a delJn been conducted? - ?r S
r4nach doani.-n den. (ta?WWL)
S. ADDITIONAL INFORMATION
In addition. to. the .completed application form, the
following It' is inust bd subailtta: '
A copy. of the deed- (with state application only) or
other Instrument under which tho applicant claitm title
to the -affected properdes.., jf,tbe. applicant Is not
claiming to be the owner of said property, then
forward a copy of the deed or other, instrument under
which the,owaor?clalms title, plus wrltten 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 811124- 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
Revised 03/ps
AUG.-04'99(WED) 15:25 DEHNR COSTAL MGMT TEL:[phone] P. 008
Form DCM-MP-1
;4
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Slormwater Certification, If one is necessary
• A list of the names and complete addresses of the
adjacent waterfront (riparian) tandowners and
signed return receipts as proof that such owners
have received a copy or the application and plats
by certified mail. Such landowners trust 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 certifi at such notice has bee provided.
NRLS plNe. 0vSDtvlSrOnl
Name o ,
Address Z-IOC4--,
Phone 5VW.W 0-j rw At C- 2%-(4 L1 c"
Name TW2 00 K tms
Address O '
Phone
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application,
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement Of compliance with the N.C.
Envlronmenud Policy Act (N.C.G.S. 113A - I to
10) If the project involves the ezpandimm of public
funds or use of public lands, attach a st3tement
documenting compliance with the North Carolina
Environmental Policy Act,
6-; r C RTIFI .ATIM.' An PERMISSION
TO ENTER ON LAND
I understand that any permlt issued in response to this
application will allow only the development described to
the application. The project will be subject to conditions
and restrictions contained to the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided In this
application is truthful to the best of my knowledge.
This is the -CP day of , 19C$,.
Print Name-119 mme A. Jam ael-I
Signature S&k-,-,2,.,Wz?,
randawrner w..4+ri?.tsr?terau
Please indicate attachments pertaining to your proposed
project.
_ DCM MP-2 Excavation wd FUI Information
DCM MP-3 Upland Development
DCM MT-4 Structures Wormation
DCM MP-5 Bridges and Culverts
_ DCM MP-b Marina Development
NOTE. Please stgn and dare each aaachmenr is the
space provided at the borrom of each fonn.
Revised OWN
AUG.-04'99(WED) 15:25
Form ACM-IT-Z
EXCAVATION
AND FILL
(Fxcapt 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.
Averwga Final
Exisaq Project
Access
channel
(MLW) or (WW1.)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoraUna
ntabilisation)
Revised 03195
Reviud 07/95
DEHNR COSTAL MGMT
wim vapLR uepw
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TEL:[phone] P.009
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1. EXCAVATION 'i
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 a
a. Location of disposal area
b. Dimensions of disposal area
c. Do you claim title to disposal areal
Yea 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?
ltariaMd 03ros 400 00131191 of this public documilnr,uM...,a..?,,.t M ,, ,,,.., .... rein n.. - _. '

111
AUG.-04'99(WED) 15:26 DEHNR COSTAL MGMT TEL:[phone] P,010
AUG.-04'99(WED) 15:21 DENNR COSTAL MGMT
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Form D01-MP-2
e. Does the disposal area include any coastal wetlands. If yes,
(1) Amount of material to be placed in the
(marsh), SAVs or other wetlands? - -
YeS No (2) water
of fill area
f. Does the disposal Include any area In the water?...,.
-
Yes No (3) Purpose of fill

3. SHORELINE STABILIZATION
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
(Soured qr1r&nw1ionJ
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 ACTNITMS
(Excluding Shoreline Stabilization)
a, Wilt f atcrial be brought to site7
yes No
b, Will fill material be placed in coastal wetlands
(marsWSAVS or other wedan s7
Y, Ycs ? No 6411)CI 44VU LWS.
If yes,
(1) Dimensions of fill area
(2) Purpose of fill
ANT) SHA2
5. GENERAL
a. How will excavated or fill material be kept on rite
and erosion controlled?
(?ieassacy wmptm rst LA- Eariwgn
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
equipment
c. Will wetlands be, cn sY?n traaspo No
to project site?
If yes, explain steps that will be taken to lessen
environmental impacts. EaLe'R 1wr VVW
W I L.t. VL-*CI?
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5u7Saw tl? o?U
A pUe ut or hvjog Name
Stgnatum
Dste
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AUG.-04'99(WED) 16:19 DEHNR COSTAL MGMT
FROM . CHRRLIE HO-LIS Re LRTORY CONS PHONE N7. : 5i93926833
Form MM-MP-3
UPLAND
DRVFjL0
PUEEINT
(Corutructian and/or lend disturbing mct slow) .
Moth thit farm to lolat Appilaatlon for CAMP Mh Qr
Permit, Form DCM-UP-l. Do sure W complete all
otbet sevtlons of the joint Applleatloo (hot relate w this
propand prujoct.
>+. Type IN number of buildings, ecilltibs, units or
AlruMros propel egi jig
t+. Number of Iats ar parcels
o. Density (give thF aumhor of rotldeot:lAi unite and ?e
units per AM) .
d, size of arart to bs Cmdod, ttllod or dismrbod
Including rmids, ditobet, etc, _ D . 7-iLe-
e• th` Pnmased prOJoat will dlstlrrb mars than one
sore Of I'M, this Division of Land Resources mutt
rer-91YO An orar?on end sedimenpuloa control plea g
least 3p drys beforo lend disturbing activity begun,
If flpplictble, hu a sodlmentmiun end ermeion
control plan bea,?nSpbmlued io this DlvlFion of Land
kesourcett? -? Yes No
if yet, slate submitted
f. List the matorlels (such at marl; paver stone,
asphalt, or conervts) to o used for OV04 surfaces.
p. Give The ptreafto of the tract within 75 foot of
MIM or NWL, or within 57S teat In the cue of an
Out>;tandlitQ Rosouros Water, to bo covered by
impcrvlout and/or built-upon mrfata, such rut
pavanont, buildings, rooftops, or to N used for
vahlcular driveways or pecking. 1UP? / V
TEL:[phone] P, 002
Mar. 11 1999 08:04RM P02
la, NOM that roqulro a CAh(A Mq or Developmenr
Permit may also roqulre a stormweta cartifla Lion,
HAS a sits developthent pints bean t?ubminod to the
D1093011 Of Env[ronmontal Memagetnomt for rsviou-7
_ ".yet ?V-" No
if yes, data submitted
Dtucrloo p sed tbod of AD ape dispnrai,
rKr• r 3
1. Ii-l" thv Pe6111tiet deccribW Iq Item 1_ above
reeflved State or Ibt:ra approval? _qWS
AIWA "rqpws &ftM6V.W") 7-
k. Delerlhe locmian erhd 00Otpropased d1sobargus to
waters of tb• 946 (for eacomple, surface runoff,
aaaltery wvsrewate<, ledustrlal/mmaterciei et'flucnt,
-wetb duwW and r861tlentlal dicohtrre8),
AII&E
1. - Describe proposed drinklnp w&l&r ompply sp4rcp
(e.g. woll, commurilty, public syttem, etc,)
XR, AL. I 9=
M, Will water be Impoundem 1's ? Nt,
If yes, how many Berea
n, if lha project is 4 nceahthant developtnen , when
WAS tlra lot(h) platted and revmrded?
"Kilp"U
P t t1 tS?o
A titans or - -
pp rv+urA n,uae
Stsontare /2ja 1' 21,
Date
kerrwnd oasis 400 Copies of this publio r]c>GUmnnt w??....,dno?il nV n 0.0.1 -- . , i,n .. ..

AUG.-04'99(WED) 16:19 DEHNR COSTAL MGMT TEL:[phone] P. 003
AUG.-04'99IWEN 16:21 DEHNR COSTAL MGMT
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°s 7r?sdol ? .
P. 004
or
R;Q
FROM : CHARLIE HOLLIS REGULATORY CONS PHONE NO. : 9103926833 May. 11 1999 01:55PM P01
1VIrITCILY. & ASSOCI'ly,TES, INC.
-- ,--
1121 SOIJTI3 FRONT STREET -`?
14u& 'N(;T0xjriC28401 vNnu Rout;.,
Q ?9D I ? ?
September 3, 1998
4Z (.s - ,s ,voyt44 f /.J-L
SubJect: Submittal of Application for Major CAi1TA Permlt?
Seatlon 40 ' , $catian 401 Water Quality Certification;
Mr. Walter , Wane Topsail Sound, Surf City, pander County, N.C.
North Carolina Division V7 Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
And
Wilmington Regulatory Field Office
US' Army Corps of Bnglneere
RO, Box 1890
Wilmington, NC 28402-1890
u./??cl, c1sca . `7 rwf Nwcrt`
Transmitted by this letter Is an Application ibr State and Federal permits in behalf of Mr, Walter
A. Warren to complete the dovolopmont of a residential/vacation housing project on his property in Surf
City, N.C. on the northwest side of N.C. Hwy 50 approximately I K miles south of the Intracoastal
Waterway Bridge (NC-50). Mr. Warren proposes to extend an existing street and develop lots along tha
shore of existing canals on this site. Thin work will Involve the filling of 0.39 Aores of 404 wetlands some
of which is within the Esfuarlne Shoreline Area of Environmontal Concern (ABC).
The dredging of the existing canals adjacent to this project was authorized by state and Federal
permits and accomplished in the late 60's and early 70's when the subsequent filling of the adjacent
marshlands was not regulated. This work was done with the intent of the development ofresidontial lots
along the canals. Corps of Bnginoors Permit CBSAW-COMN-071 and state Dredge & Fill Permit No.
241, Issued to Bather A. Henderson, address that completed canal work,
Mr, Walter A. Warren, acting with rower of Attorney fbr Iris mother, Mrs. Ruth A. King, applied
in 1989 and 1990 for permits to complete the development of the project. That application requastad the
approval of bulkheading for the entire shoreline and the filling of all of the interior wetlands
(approximately 2.0 acres). These permits were the subject of intonse dialog between the applicant and tlic
agencies and eventually were involved, at the state level, In appeal hearings and judicial review. The
applications as submitted were denied, The basis for denial primarily Involved the failure to minimize
wetland loss resulting from the bulkheading and the filling of all ofthe approximately 2-acre interior
wetland, The final judicial opinion on that applioation was rendered on Tune 5, 1997.
Mrs, King has subsequently died and Mr. Warren now submits this new and revised application as
the heir to the property. This application requests D1 buloel14in8 and minimizes the request for wetland
fill to 9 39_ or_e. This minimization has been accomplished:
(1) by recognizing that the shoreline lras been naturally stabilized by the emergence of
coastal marsh species, eliminating the need for a bulkhead and baoknll,
(2) by oftotting the proposed aooess road southward to the edge of the interior wetland,
(3) by reducing tbo number of lots proposed, and
(4) by proposing shared drivoways from the access road to the north canal lots,
b, this application, lvlr. Warren has sought to address the previous concerns of the agencies and preserve
important wotland resources on the alte. We look forward to working with the state and Federal agencies
on this application and to responding to any questions or roquwts for additional Information that may be
forthcoming.
6lnooroly,
pavld A, $yster
Encl: Appllcation
(w1NCDCM Package: $250 Check, Deed, Wetland Survey, Authorization Letter)
A
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
WA
LT0
IT 1 !
A A
AIM- - NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 3, 1999
DWQ Project # 990169
Pender County
CERTIFIED MAEL-RETURN RECEIPT REQUESTED
Mr. Walter Warren
1421 S. Shore Road
Holly Ridge, NC 28445
Dear Mr. Warren:
The Division of Water Quality has reviewed your plans for the discharge of fill material into 0.39
acres of streams and/or wetlands located at Atkinson Road in Surf City in Pender County for residential
development. Based on this review, we have identified significant uses, which would be removed or
degraded by this project. 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 and the N.C. Division of Coastal Management 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 development without bisecting the wetland with numerous
road crossings? 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.
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 127 Cardinal Drive Extension,
Wilmington NC 28405. 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.
cc: Wilmington DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
John Dorney
Wilmington Field Office Corps of Engineers
David Syster; Gary Mitchell & Asso.
990169.nty
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/l0% post consumer paper
To: John Dorney
Environmental Sciences Branch
DIVISION OF WATER QUALITY
CAMA MAJOR PERMIT APPLICATION REVIEW
REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS
REVIEWER: STEENHUIS
WQ SUPERVISOR: SHIVER
DATE: March 30, 1999
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 99 PERMIT NO.: 990267 COUNTY: Pender
PROJECT NAME: Warren A. Warren/ Warren S/D
PROJECT TYPE: Fill PERMIT TYPE: CAMA
COE #: N/A DOT#: N/A
RCD FROM CDA: DCM DATE FROM CDA: March 16, 1999
REG OFFICE: WiRO RIVER AND SUB BASIN#: 030624
*STREAM OR ADJACENT WATER BODY: Topsail Sound
CLASS: SA STREAM INDEX #: 18-87-10

C^A *A---
a. ?
*OPEN OR CLOSED: Open
WL IMPACT: Yes WL TYPE: Coastal Wetlands
WL REQUESTED: N/A WL ACR EST: 0.39 acres
WL SCORE: N/A
MITIGATION: N/A MITIGATION TYPE: N/A
MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A
RECOMMENDATION: DENY
STORMWATER PLAN REQ'D: Yes
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: To develop an 8-acre tract of land into a 46-lot residential subdivision.
WATER QUALITY CERT. (401)
CERT. REQ'D: Yes
IF YES, TYPE: General Certification #3112 for CAMA Permits
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: Town of Surf City
TO BE PERMITTED BY: N/A
IF BY DWQ, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A
WATER/WETLAND FILL
AREA OF FILL - WATER: N/A WETLAND: 0.39 acre
IS FILL ELIMINATING A SIGNIFICANT USE? Yes
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? N/A
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A
990267.mar
Page Two
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A
OXYGEN IN BASIN: N/A CLOSURE OF SHELLFIS14ING WATERS: N/A
(ATTACH A MARINA USE ATTAINABILITY EVAL.)
RECOMIVVI<I> MED CONDMONS OR PERMIT RESTRICTIONS: This office has a twofold
concern relating to this potential project. The first is that the project looks like it is being built
on old dredge spoil from the adjacent canals. Secondly, that the project is filling additional marsh
containing coastal species for driveways and utilities and is cutting up the wetland slough which
will most likely impact the rest of the wetland. This office is concerned that this project would be
inconsistent with 15A NCAC 2B .0201 and 15A NCAC 2B .0231.
Please reference DWQ project #s 890304 and 900302, which consists of the same proposed
project that has already been twice denied by DWQ.
cc: Central Files - John Dorney
Wilmington Regional Office Files
DCM- Janet Russell
1-7

slale of Nord Carolina
Uepar-tmen, of EnvironrYter)t
and Natural Resources
D+v sign of Water Q,uaIit y
r11Tty'> lluIii, JI . GOvt;•riiL)r 1 eAl
'3}?na MI Devitt, S©cretaty Pa
Dh K
N?.ri?IH hnflt_?I,.IPiA JcFAh??rr?F-h? :.t
i., ?.. II .. N'. t..7 L. r-7 I
MaIc1, St, 199"
M. '" alter 4?arrcn ,
C/o 1 ):1vid A SN lei t ? cYF?c. ?%i. -..-I_.' tr'• ? ?'..j
Mitchcll and As.sociatc;, Inc.
1 h? .
I 1 .' I Sowh front Street
Wilmington, IBC, 28101
PcLl ,ti11 Svster
Sub?cct: Application for 401 Water Quality Certification
f'c;ndcr County
ir. Sf:uch It , 1`+9`?, vvur applit_atit?u1 fora 401 'v oicr Ol,:illi.; ('rltitl?a!rr,I:
Walici ?V.iiicn's dii.rti;ay projc?- t in Pcndcr Cuunty WAS received h) the: N,C. DO 11"1011
uf' Watc., Quality. Tlic Divisiun will begin to review the pirijcct fo, eventual decistOn.
Hu,tie?er, please bc, aware that beginning January 1, 1999 that the N.C. General
Asscinbly passed lcgislatiun requiring payment of a fcc (d $?nO OO lur this plu?cctf he
401 Certification cannot bcc is?,ucd until this [cc is paid. Until th it uric, 1 uui appllcat;oii
„ .-.,,ait1 -i11 hVld a, 1n,-) in pletr.
1'lca:,e call ?'yndi tic] l at 9111733- 1786 if you have any question,.
?Tc11n R. Doriwv
11111 tun 1)WQ flc'g;:?n;?l 011 !LC
A ilrnin;?t;;n t-ldd t)tt:cC US A111)', Corp, of l:ng,nc_r,
'Wetland Filc
,_ ?,. _ _ nlt ;-0Q' ?7_,•???!y ('t,??-4 R,? vl lt.t:rirh, P:i,nh (lintlui.t .: ?hd!
fir" ?Iw vl?) 7i1. IHh rqk q'i1 Vv)4
-I. ,>II.i n., i?,, A, ., - i n,nl?„rr 1(',.ir?.. ..•.VI I Iw,.l ?.i, i. i,.r rr
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
March 15, 1999
TO: Mr. John R. Dorsey, NCDENR
Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27611-7687
FROM: John R. Parker
Major Permits Processing Coordinator
1 ? •
RCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIit_0'1TI"%&L_AND NATURAL RESOURCES
213/91
1,5
d? I ', c?a I (e C ?4
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Walter A. Warren
Project Location: Atkinson Road, Surf City, NC, Pender County
PAYMENT
RECEIVED
Proposed Project: To develop an 8-acre tract of land into a 46-lot residential subdivision
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by April 5, 1999. If you have any questions regarding the proposed project, please contact
Janet M. Russell at extension 249. 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 DATE
127 Cardinal Dr. Ext., Wilmington, 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: Walter A. Warren PROJECT NAME: Warren Subdivision
2. LOCATION OF PROJECT SITE: Atkinson Road, Surf City, Pender County
Photo Index - J M: 25-312 Grid E,F,G,H,I-17 1989: 4 173 16 Grid J,K,L,M,-N-7
State Plane Coordinates - X: 2 431 000 Y: 245 000
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - Numerous
Was Applicant Present - Agent Was Present
5. PROCESSING PROCEDURE: Application Iteived - cc: February 3, 1999
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town Of Surf City
Land Classification From LUP - Conservation-Marshland
(B) AEC(s) Involved: Estuarine Shoreline
(C) Water Dependent: No
(D) Intended Use: Residential Subdivision
(E) Wastewater Treatment: Existing - Town of Surf City Municipal
Planned - Same As Above
(F) Type of Structures: Existing - None
Planned - Subdivision Street, Utilities, & Driveways
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7
ii!
HABITAT DESCRIPTION: [AREA]
DRF.T)CYRD FTT.T .RT) 0TUFu
(A) Vegetated Wetlands
Federal & Isolated Coastal Wetlands 39 Acres
(B) Non-Vegetated Wetlands
(C) Other
High round .9 Acres
(D) Total Area Disturbed:
(E) Primary Nursery Area:
(F) Water Classification:
8.
1.2 Acres
No
SA Open: Yes
PROJECT SUMMARY: The applicant proposes to develop an 8-acre tract of land into a 46-lot
residential subdivision.
Page Two
9. PROJECT DESCRIPTION
The Warren tract of land is located on Topsail Island in Surf City, Pender County. The property is
located off of Highway 50 (South Shore Drive) at the end of Atkinson Road. The tract is a peninsula
bordered on three sides by man-made canals and Topsail Sound. The property is approximately 1250'
long by 240' wide.
This tract has previously been referred to as the "Ruth King Subdivision". In 1989, a CAMA Major
Permit Application was filed requesting authorization to bulkhead the perimeter of the property and fill
the entire tract raising the elevation by 2.0'. The application requested permission to fill 2+ acres of
wetlands. The 401 Water Quality Certification and CAMA Permit were subsequently denied. A modified
CAMA Permit Application was completed in July, 1990. In May, 1991 an investigation was made
concerning fill material being hauled to the property. According to file notes, this material was not placed
in wetlands. In November, 1991, CAMA Major Permit #142-91 was issued to.Ruth A. King conditional
upon the applicant receiving all required permits and approvals including a 401 Water Quality
Certification. The Certification was denied by the Division of Water Quality. Mrs. King filed a
"takings" claim against both the Environmental Management Commission and the Coastal Resources
Commission. The claim was based on: (1) the EMC's denial of her application for a Section 401 Water
Quality Certification to fill wetlands for the purposes of constructing an access road for a residential
subdivision; and (2) the CRC's issuance of a CAMA Permit for the project that was conditioned on King
obtaining the 401 Certification prior to construction. By order of June 6, 1997, the North Carolina
Supreme Court denied Ruth King's petition for discretionary review. The Court of Appeals upheld
summary judgment for the State agencies on Mrs. King's takings claim.
The U. S. Army Corps of Engineers has delineated the federal wetlands on the tract and determined that
1.8 acres of the 8 acre tract is jurisdictional federal wetlands. The federal wetland boundaries are shown
on the attached maps. There are several species of coastal wetlands present on the property, including
Spartina cynosuroides, Spartina patens Spartina alterniflora Juncus roemerianu and TYpha. Coastal
wetlands are located along the edge of the shoreline as well as in the middle of the tract. Those coastal
wetlands along the shoreline are 2' to 10' wide and regularly tidally inundated while the wetlands in the
middle of the tract have no apparent surface-water connection. The property has been manipulated over
the years, beginning more than twenty years ago. Speculation from aerial photography would suggest that
the canals on either side of the property were constructed through marsh and the spoil material from the
dredging was placed to the side, creating what is now "high" ground.
The approximate elevation of the high ground is 4' above mean high water with small topographical
variations over the tract. The area is vegetated with the coastal wetland species mentioned above, federal
wetland species as well as many, many other grasses and shrubs.
Mrs. King's son, Walter Warren, now presents a further modified plan for review. Mr. Warren proposes
to develop this tract into a 46-lot residential subdivision by constructing a central access road with a cul-
de-sac, utilities and driveway connections. A portion of the access road and eight shared/joint driveways
are to be constructed within wetlands. Approximately .39 acres of wetlands would be filled as a result
of this construction. A total of 1.2 acres of land disturbance would result from the project, according to
the description provided. No residential construction is being proposed at this time. The tract and
proposed development fall within the Estuarine Shoreline Area of Environmental Concern.
Page 3
The waters of Topsail Sound surrounding this property have been classified as SA by the Division of
Water Quality. The waters are open to the taking of shellfish. The project is not in an area designated
as primary nursery by the Division of Marine Fisheries. However, the property is located immediately
South of primary nursery waters and is thought to function as a nursery area.
There are currently no man-made features on the tract.
10. ANTICIPATED E%IPACTS
Authorization of the project as requested will result in the loss of .39 acres of wetlands (some being
coastal wetland species without a surface-water connection). Approximately 1.2 acres of remaining
wetlands would be dissected by the driveway fill, connected by culvert pipes. The ability of the wetlands
to function in the removal of nutrients and sediments from stormwater will be reduced. Approximately
1.2 acres would be disturbed by the road and utility work. Timely and conscientious installation of
erosion control devices should reduce the potential of sediments reaching the surrounding waters.
Janet M. Russell / March 10, 1999 / Wilmington
e`.
MITCHELL & ASSOCIATES, INC.
1121 SOUTH FRONT STREET
WILMINGTON, NC 28401
September 3, 1998
Subject: Submittal of Application for Major CAMA Permit,
Section 404 Permit, and Section 401 Water Quality Certification;
Mr. Walter A Warren; Topsail Sound, Surf City, Pender County, N.C.
North Carolina Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
And
Wilmington Regulatory Field Office
U. S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
ly "L
g .!'i
Transmitted by this letter is an Application for State and Federal permits in behalf of Mr. Walter
A. Warren to complete the development of a residential/vacation housing project on his property in Surf
City, N.C. on the northwest side ofN.C. Hwy 50 approximately 1'/s miles south of the Intracoastal
Waterway Bridge (NC-50). Mr. Warren proposes to extend an existing street and develop lots along the
shore of existing canals on this site. This work will involve the filling of 0.39 Acres of 404 wetlands some
of which is within the Estuarine Shoreline Area of Environmental Concern (AEC).
The dredging of the existing canals adjacent to this project was authorized by state and Federal
permits and accomplished in the late 60's and early 70's when the subsequent filling of the adjacent
marshlands was not regulated. This work was done with the intent of the development of residential lots
along the canals. Corps of Engineers Permit CESAW-C090-N-071 and state Dredge & Fill Permit No.
241, issued to Esther A. Henderson, address that completed canal work.
Mr. Walter A. Warren, acting with Power of Attorney for his mother, Mrs. Ruth A. King, applied
in 1989 and 1990 for permits to complete the development of the project. That application requested the
approval of bulkheading for the entire shoreline and the filling of all of the interior wetlands
(approximately 2.0 acres). These permits were the subject of intense dialog between the applicant and the
agencies and eventually were involved, at the state level, in appeal hearings and judicial review. The
applications as submitted were denied. The basis for denial primarily involved the failure to minimize
wetland loss resulting from the bulkheading and the filling of all of the approximately 2-acre interior
wetland. The final kudicial opinion on that application was rendered on June 5, 1997.
Mrs. King has subsequently died and Mr. Warren now submits this new and revised application as
the heir to the property. This application requests no bulkheading and minimizes the request for wetland
fill to 0.39-acre. This minimization has been accomplished:
(1) by recognizing that the shoreline has been naturally stabilized by the emergence of
coastal marsh species, eliminating the need for a bulkhead and backfill,
(2) by offsetting the proposed access road southward to the edge of the interior wetland,
(3) by reducing the number of lots proposed, and
(4) by proposing shared driveways from the access road to the north canal lots.
In this application, Mr. Warren has sought to address the previous concerns of the agencies and preserve
important wetland resources on the site. We look forward to working with the state and Federal agencies
on this application and to responding to any questions or requests for additional information that may be
forthcoming.
meerely,
David A. Syster
Encl: Application
(w/NCDCM Package: $250 Check, Deed, Wetland Survey, Authorization Letter)
Cy: Mr. Walter A. Warren
ILI
1-j 4 1998
L MANACcaa?.>?T
;A
Form DCM-MP-1
APPLICATIG-,''
o be completed by all applicants) tv L• 4
fur
COASTAL
b. City, town, community of fin'163i KENT
1. APPLICANT
a. Landowner:
Name n. ye tz?l
Addres''sff / q ? ) . St DRs -Dpame
City htot_t y }2i??? State
zip 2-2:4q.5-_ Day Phone °116) •,3 ZS'-3yo1
Fax
b. Authorized Agent:
Name ?? VtD SysT?Z a.
/?1rrC-4*- L- ?sSoc.?TnlC.
Address _//Z I Sovr?4. Ei oAtr 57-,
City L46 ,? State G
Zip Z"{ p 1 Day Phone ?it) - ZS',q - e)&)
Z
Fax
c. Street address or secondary road number
d. Is proposed work within city.limits or planning
jurisdiction? ? yes No
e. Name of body of water nearest. project (e.g. river,
creek, sound, bay) _ opamit- DU/VD

3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or fillinz activities.
C'dN VIMV 6110 4 bF smem-m
0gWe:WJ4%fs AND q-ru-Irt s ?NVOt.
mtNOR ;=(Ltjria of 40q 4z`ruartas
i4s S k o w ht
b. Is the proposed activity maintenance of an existing
project, new work, or?th? _^I r
GDn rLE'nDM cF OLD f?EgMrr
c. Will the project be for public, private or commercial
c. Project name (if any) -F--N cSuB nwls)ON use? p VA
NOM Permit will be issued in name of ?+adowncr(rJ, cv?d/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County _NDz
d. Give a brief description of purpose,luse, methods of
construction and daily operations of ' proposed
project. If more space is needed. Dlease. attach
additional Dates.
CDN1S4?2l?GV' is CL?55 f2D10D
A r)RIVE:
?rg4s iaArz?7?4t? !dJ
Revised 03195
Form DCM-1 J:p_j
4. LAND AND WATER Describe ex' Tg wastewater treatment facilities.
CHARACTERISTICS Mover?
a. Size of entire tract
n. Describe location and type of discharges to waters
b. Size of individual lot(s) cSaDp of the state. (For (11 Ju) example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
c. Approximate elevation of tract above MHW or 'down' and residential discharges,)
NWL
d. So'l tYPe(s) and texture(s) of tract
?taND °• Describe existin rinking•water supply source.
e. Vegetation on tract IhJxE? s#4)TUG_4!rc.R t
G12q----.L ! 5 C 4M1 T?? CD
143 L /YDS
f. Man-made features now on tract
.. only
5. ADDITIONAL INFORMATION
9. What is the CAMA Land Use Plan land
classification of the site? (Consult the Local land us, plan.j In addition. Ito. the .completed application form th
following it,
crust be submitted; ' e
Conservation Transitional
Developed . - ? .. ` -. .:.
Rural - ' -Community A copy.-of. the deed- (with state application only) or
Other other instrument under which the applicant claims tide
h• How is the tra to the 'affected properties...- If•.th,e
zoned by local government? claiming to be the owner of saidaPPohcent is not
forward a COPY of the deed or other, i?uuument under
ich the owner claims title, plus
wh writien permission
zoning? . Yes . No PP le from the owner to carry out the project.
(Attocjl Zoting compliance ccrti
ice" 1(?PU=bi<J An accurate, dated work plat (including plan view
j. Has a professional archaeological as ment been and cross-sectional drawings) drawn to scale in black
done for the tract? Yes .ink -on' an 8.1/2't by- 1 I' wh paper. If yes, by whom? ? No Coastal Res6urces Comiss onh Rule V.0203 for to
detailed description.)
k• Is the project located in a National Registered Please note that on '
Historic.. District or do;es a involve a National only high
lDist or eligible s . it e inv original drawings are preferred and
Register quality copies will be accepted, Blue-line
Yes No prints or other larger plats are acceptable onl if an
equate number of qualt y
1• Are there wetlands on the site? applicant- (Contact the copies are provided by
Coastal (marsh) ? Yes _ No Engineers regarding U'n 'may Corps er
If yes, has a delineation bhecond ? that age' of
s use part larger
drawings.) A site or location map is a part of lat
I f yes, has a n, ee requirements and it must be sufficiently detailed to
(Attach guide agency Personnel unfamiliar with the area to the
Revised 03195
Form DCM-MP-1
- -- -- - r.
Q
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 certifips that such notice has beeTa•-provided.
kll}6?5 D/NG J?.13Dtvf5lOnt?
Name wt r?ti?cmourQ,oni ?f
Address 'RO, Box 2.'70q
Phone _ S0%ZF- ,?-? ( Z {y r
Name i
Address O d p 6
Phone
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.

• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
,,,kT 0ATLQ 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 3 4D day of ?_, 190
LE.
Print Name W p Lroz A ` Aara rz er
Signature I&A
Landowner orc„4m1v1PP4sd.,4@ww
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bonom of each form.
Revised 03/95
Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
Average Final
Existing Project
Length Width Death Death

ih •'

:'{.. i)a?:!;',,?,?.,; E%{x•:59 i?:?+'? rft,
ii4'?;'/',.'t:?S?2%•Yi
5
1 1
1
.
1

n,
J
C7 0 F
1. EXCAVATION
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 M?c
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-NIP-2
e. Does the disposal area include any coastal wetlands If yes,
(marsh), SAVs or other wetlands? (I) Amount of material to be placed in the
Yes No
water
r y (2) Dimensions of fill area
f. Does the disposal include any area in the water?.
Yes No (3) Purpose of fill
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
Bulkhead Riprap ?I
b. Length
b. Will fill material be placed in coastal wetlands
(marshkSAVs or other wetlan s? l
?? Yes No ??D? J
If yes,
(1) Dimensions of fill .area O 139' AM E5
(2) Purpose of fill S o?
R-N D SI- iZED 21 VdZJ R ?f 5
c. Average distance waterward of MHW or NWL
d; Maximum distance waterward of MHW or NWL - GENERAL.
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
a. How will excavated or fill material be kept on site
and erosion controlled?
?i??ass? sw? a-c ?,r ?7uc$"S
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
c. Will wetlands be cr:,?,s ed in transporting equipment
to project site? ? Yes No
If yes, explain steps that will be taken to lessen
environmental impacts.c c4mn przr?tts
to i C.c. =-3K_N # j v!E- GU LYL Q'3
COX/N??ZOVCo t1ol TLIaN Ds SGD'Ms
U-3, ti- gg sv'a$ I l-t Z : ?
4. OTHER FILL ACTIVITIES.
(Excluding Shoreline Stabilization)
a. Will fill-material be brought to site?
l/ Yes No
OAP-RErV ?U'?a?v tSJ D/V
A pU int or Project Name
Signature
9?3 ?4 S"
Date
Revised 03/95
FROM : CHARLIE HOLLIS REGLLATORY CONS PHONE NO. : 9103926833
Form DCM-MP-3
UPLAND
-DFVF,L0PME
- --NT
(Cunstructlon iindfor land disturbing acgrlt
les) .
Attach this farm to Joint App)lcatlon for CAMA Major
Permit, Form DCM-Mp-l. $e sure to coinplote all
proposed railer projseetionRectof the joint Agpllcation that relate to this
.
a. Type and number of buildin
strttcturm proposed gs, t40iiities, units ar
p
b. Number of lotx or parcels
Mar. 11 1999 08:04RM P02
b. Pro)8 s that roquirt a CAMP Major
P" nit may also Toqulrto a Stormwater C rtiflCationt
Pas a 91te daveloprt,ern play, been submitted to tht
UIvi oYes vJrdnm NMI, amont for review?
If yes, date suhmittmi
i,
c. Density (g;vs:t,e number of residential unite and
the ?'
units per acre)
d, Size of area to be graded, filled or disturbW
Including roads, ditches, etc,
1
e. It the pmpnbod proJ901 will disturb more than oIle
acre of land, the Divisl(In of Laird Resoumw must
receive an MAon and scdlmentation control plan at
Jetut 3D days before land disturbing activity beglrrs,
X atlPlicable, has a sedimontetion and erosion
control plan been ubmltted to the Division of Land
kesOUraeR? A yes ` No
If yes, date submitted
f. List the materials (such as marl, paver stnnc,
asphalt, or wncrvte to
e used for pav surfaces.
L'. Give the perce'09,0 of the tract within 75 fftt of
MHW or NWL, or within ,575 feet in the case of an
Outstandhig Resource Water, to be cover5d ey
impervious and/or built-upoil surfacm, such as
pavement, buildings, rooftops, or to bo used for
vehicular drivoways or parking. 1W-q /
70
Describe proposes etbcul Of Re age dis
.?. 7? 5 ymle C',t? pr?xal,
.S sr?ry
Have tho fat-Ritles described in Item i_ above
recelvad state or local approval?
(4'wch WroPrixe domms u wvm)
k. Describe location "d We Of proposed dicchargas to
waters of the state (for example, surface runoff,
ssah wastewater, industrI41/commercial 8ffluen,,
wash d
"uwn• and residential discharges).
1• Describe propOxed drinking water supply source
(C.g. We", eomrnunity, public system, etc.)
M. Wall water be impounded? W
If yes, how many acreg7 } os Nt,
n. If the projoet is a Oceanfront developmen
Vwe.e the lot(s) pl$txed and rowrded? .when
APP??t or ?rmiev prime,
St?oettue
vote
kavichd 03l9S 400 Copies of this Public documnnt wRr. "r4ntftrt nt n • -I ... , pm-- _.

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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
A
OWN
??
Cr: D E k
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 31, 1999
Mr. Walter Warren
C/o David A. Syster
Mitchell and Associates, Inc.
1121 South Front Street
Wilmington, NC, 28401
Dear Mr. Syster:
Subject: Application for 401
DWQ # 990169
Pender County
Water Quality Certification
On March 16, 1999, your application for a 401 Water Quality Certification for
Walter Warren's driveway project in Pender County was received by the N.C. Division
of Water Quality. The Division will begin to review the project for eventual decision.
However, please be aware that beginning January 1, 1999 that the N.C. General
Assembly passed legislation requiring payment of a fee of $200.00 for this project. The
401 Certification cannot be issued until this fee is paid. Until that time, your application
will remain on hold as incomplete.
Please call Cyndi Bell at 919-733-1786 if you have any questions.
Sincerel4Rorney
occ: Central Files
Wilmington DWQ Regional Office
Wilmington Field Office US Army Corps of Engineers
Cyndi Bell
Wetland File
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/l0% post consumer paper
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890 .
WILMINGTON, N, 9RT RiLtrY)428402-1890
IN REPLY REFER TO
Regulatory Division
Action ID No. 199900928
March 25, 1999
i
i Wig Z
r
1 ?.
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
Reference the application of Walter A. Warren for Department of the Army
authorization and a State Water Quality Certification to place fill in
0.39 acre of wetlands adjacent the AIWW, off NC 50 in Surf City, Pender
County, North Carolina. Your receipt of this letter verifies your acceptance
of a valid request for certification in accordance with Section 325.2(b)(ii)
of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification is required under the provisions of Section 401 of the same law.
A Department of the Army permit will not be granted until the certification
has been obtained or waived.
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 May 25, 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
Copy Furnished:
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687