19860179 Ver 1_COMPLETE FILE_19860101

ptSEATI q
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Raul Wilms
S. Thomas Rhodes, Secretary Director
December 4, 1986
Mr. Paul J. Susie, Jr., President
Agent for Makai Harbor Development Corp.
222 Causeway Drive
Post Office Box 260
Wrightsville Beach, North Carolina 28403-3696
Subject: Stormwater Controls for the
Proposed Makai Harbor Development
Pender County
Dear Mr. Susie:
This is to confirm our telephone conversation of November 26, 1986.
As I explained, a determination has been made that the Makai Harbor
Development project, as proposed, does not require a stormwater permit
in accordance with the new stormwater regulations (15 NCAC 2H .0408(d)),
which became effective on November 1, 1986. The basis for this
determination is that this project received approval of an erosion
control plan by the Division of Land Resources before November 1, and
does not, as I understand it, require a CAMA major development permit.
Should revisions to this project result in the need for a CAMA major
development permit, or in the need to obtain approval of a modified
erosion control plan by the Division of Land Resources, then a
stormwater permit will be required.
Although a stormwater permit is not required, projects of the type
proposed which drain to shellfishing (Class SA) waters have a high
probability of violating the fecal coliform water quality standard and
may result in closure of the waters to the harvesting of shellfish. For
this reason I strongly encourage you to incorporate stormwater controls
into your project's design which are at least equivalent to those
contained in the regulations cited earlier. We will be happy to assist
you and your engineer in reviewing your plans if you wish.
Pollution Prevention Pays
Pp Boot 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

Mr. Paul Susie
Page Two
December 4, 1986
If you have any questions or wish to discuss this matter further,
please call me at 256-4161.
Sincerel ,
Charles Wakild
Regional Supervisor
CW/dkb
cc: George Everett
Bill Mills
Dan Sams
Bob Stroud
WiRO
,,I,e
ALc4 3w.

State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor December 4, 1986 R. Paul Wilms
S. Thomas Rhodes, Secretary Director
Mr. Paul J. Susie, Jr., President
Agent for Makai Harbor Development Corp.
222 Causeway Drive
Post Office Box 260
Wrightsville Beach, North Carolina 28403-3696
Subject: Stormwater Controls for the
Proposed Makai Harbor Development
Pender County
Dear Mr. Susie:
This is to confirm our telephone conversation of November 26, 1986.
As I explained, a determination has been made that the Makai Harbor
Development project, as proposed, does not require a stormwater permit
in accordance with the new stormwater regulations (15 NCAC 2H .0408(d)),
which became effective on November 1, 1986. The basis for this
determination is that this project received approval of an erosion
control plan by the Division of Land Resources before November 1, and
does not, as I understand it, require a CAMA major development permit.
Although a stormwater permit is not required, projects of the type
proposed which drain to shellfishing (Class SA) waters have a high
probability of violating the fecal coliform water quality standard and
may result in closure of the waters to the harvesting of shellfish. For
this reason I strongly encourage you to incorporate stormwater controls
into your project's design which are at least equivalent to those
contained in the regulations cited earlier. We will be happy to assist
you and your engineer in reviewing your plans if you wish.
If you have any questions or wish to discuss this matter further,
please call me at 256-4161.
CW/dkb
cc: George Everett
Bill Mills
Dan Sams
Bob Stroud
WiRO
Sincere ,
W
Charles Wakild
Regional Supervisor
Pollution Prevention Pays
PA Box 27687, Raleigh, North Carolina 27611-7687 T?kphone 919-733-7015

State of North Carolina
Department of Natural Resources and Community Development
Wilmington Regional Office
James G. Martin, Governor S. Thomas Rhodes, Secretary
CERTIFIED MAIL DIVISION OF ENVIRONMENTAL MANAGEMENT
RETURN RECEIPT REQUESTED
November 19, 1986
Mr. Paul Sousi, Jr.
Agent for Makai Harbor Development
222 Causeway Drive
Post Office Box 260
Wrightsville Beach, North Carolina
Corporation
28480
Subject: Stormwater Controls for the
Proposed Makai Harbor Development
Pender County
Dear Mr. Sousi:
It has come to my attention that.the Division of Land.Resources approved an
Erosion Control Plan for the proposed Makai Harbor Development on October 23, 1986.
As you may know, in September 1986, the Environmental Management Commission
adopted regulations to implement stormwater controls on projects located adjacent
to waters classified SA. The effective date of the new stormwater regulations
was November 1, 1986. Purusant to 15NCAC 2H.0408(d), projects greater than one
acre in size which are located within 575 feet of class SA waters, and which
require submittal of a Sedimentation and Erosion Control Plan to the Division of
Land Resources, must either meet certain impervious area requirements or have
a stormwater treatment and disposal system. The Atlantic Intracoastal Waterway
which borders the project's site to the east is classified SA, and is frequently
open to shellfishing. Based on our review of the Sedimentation and Erosion
Control Plan, it appears that a stormwater permit will be required for this
project. No construction of the proposed project may commence until the stormwater
management plan has been approved.
Enclosed herewith is a copy of the recently adopted stormwater regulations.
If you have any questions concerning the regulations or permit requirements for
your project, please do not hesitate to contact Mr. David Cotton or Mr. Preston
Howard at our regional office, telephone number [phone].
Sincere y,
Charles Wakild
Regional Supervisor
CW:APH:kc
cc: Dan Sams 7225 Wrightsville Avenue, Wilmington, N.C. 28403-3696 • Telephone [phone]
Bob Stroud, Bill Mills
err.. -- ' An EaLW Cbeoetunity Affirmative Action Emaloyer
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PRIME, INC.
222 Causeway Drive, P.O. Box 260
Wrightsville Beach, North Carolina 28480
[phone] November 24, 1986
Mr. Charles Wakild
Regional Supervisor
Division of Environmental Management
Department of Natural Resources & 'Community Development
7225 Wrightsville Avenue
Wilmington, North Carolina 28403-3696
SUBJECT: Opinion letter November 19, 1986
Dear Mr. Wakild:
Upon receipt of your letter, I attempted to contact you and the associates
referenced in the letter to no avail.
I reviewed your letter with legal counsel. They are of the opinion the
regulations cited by you are not applicable to the project. Therefore,
we are proceeding with our plans for development.
Mr. Dale or I will be most happy to discuss the matter with you at (919)
256-4101.
Sincerely,
lt;z -I
L
Paul J. Susie, Jr.
President
t„. Agent for Makai Harbor Development Corp.
PJS/lmj

wA, "A
Ma #aft
?Ty ..swFv
N d ?a?
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor -arch 18, 1986 R. Paul Wilms
S. Thomas Rhodes, Secretary Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED R E C E I V E D
Mr. Paul Susie, Jr.
Agent for MAR 2 1986
Makai Harbor Development Corp.
222 Causeway Drive, P.O. Box 260 WAILh QUALITY SECTION
Wrightsville Beach, NC 28480 OPERATIONS BRANCtI
Subject: Application for Water
Quality Certification
Makai Harbor Dev. Corp.
Pender County
Dear Mr. Susie:
Your application dated November 5, 1985 for a Water
Quality Certification under Section 401 of the Federal Clean
Water Act as Amended has been reviewed by our staff. Your
proposal is to develop a 27.5 acre tract of land by
constructing 116 units within 11 structures, a three basin
marina with 100 slips, marine servicing, pool, ship's store,
tennis courts and spoil disposal area adjacent to the
Atlantic Intracoastal Water Way at Washington Acres. The
issuance of a Water Quality Certification is a finding by
this Division that the proposed activity will not cause a
violation of water quality standards or discharge
guidelines.'
There are several aspects of the project which cause us
considerable concern as to the effect on water quality
standards in these waters which are classified SA. One is
the fecal coliform levels which are contained in the
stormwater runoff. Information available to us at this time
indicates that a violation of fecal coliform standards for
SA waters will be expected to occur as a result of
stormwater runoff where effective impervious surface areas
are in excess of 10% and a 30-foot natural buffer to MHW is
not provided. Where effective impervious areas are greater
than 10%, diversion, treatment or containment of the
stormwater runoff up to the 10-year, 24-hour rainfall event
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
? r

Mr. Paul Susie, Jr.
Page 2
March 18, 1986
would be needed to assure protection of the water quality
standard. This project as proposed, appears in excess of
10% effective impervious area. The site plans submitted are
on a scale which is difficult to calculate, as well as not
supplying sufficient detail to roads, parking areas, and
property boundaries. An adequate stormwater review cannot
be made unless more complete and detailed plans are
submitted. You must demonstrate how stormwater runoff will
be prevented from entering adjacent surface waters.
Another aspect of the project which causes concern is
boat operation. Sewage discharged from boats in the marina
basins is likely to cause a violation of the fecal coliform
standards. In order for us to conclude that sewage
discharge from boats will not occur, we would have to be
satisfied that the project can and will prevent sewage
discharge from boats on a long-term basis. Past experience
has been that just providing marine pump-out facilities is
insufficient to prevent sewage discharges from occurring.
Also spill potential at the fueling docks is an area where
specific plans will need to be developed to assure that the
marina operation will not pose a threat to water quality.
Further specific information needs to be provided on the
marine service area to explain the types of activities which
are to take place (repairs, painting, sanding, etc. of
boats).
The Spartina mitigation fill presents some other
specific problems related to water quality. The 3,000 cubic
yards of organic material that is proposed to be placed
below the plane of mean high water for Spartina grass
mitigation is expected to violate water quality standards
for turbidity. Also since more than 1/2 acre is to be
filled, these classified waters must first be declassified
by the Environmental Management Commission in accordance
with the Commission's policy on fill in classified waters.
The location of potable water wells in relation to the
proposed spoil location must be provided to enable a review
of groundwater impacts.
Because of the reasons cited above, I have concluded
that the proposed project should not be certified. Your
application for a Water Quality Certification is hereby
denied. Should you redesign the project from the standpoint
of stormwater impacts, boat operation, fill and spoil
disposal in such a manner as to satisfy our concerns for
water quality protection, I will reconsider this denial. It
is suggested that you work closely with our Wilmington
Regional Office in any redesign of the proposed project and
further details which would be needed.
t.
Mr. Paul Susie, Jr.
Page 3
March 18, 1986
You do have the right to a review by the Environmental
Management Commission, if the denial is unacceptable to you.
Your request for Commission review must be in writing,
identifying the specific items to be contended, within 10
days of your receipt of this denial. If you have any
questions concerning this matter, please contact Mr. Bill
Mills at 919/733-5083.
Sincerely, {
R. Paul Wilms
cc: George Everett
Dennis Ramsey
Wilmington Regional Office
David Owens
r?

y

State of North Carolina
Department of Natural Resources and Community Development
Wilmington Regional Office
James G. Martin, Governor S. Thomas Rhodes, Secretary
CERTIFIED MAIL DIVISION OF ENVIRONMENTAL MANAGEMENT
RETURN RECEIPT REQUESTED
November 19, 1986 R E C E I V E D
Mr. Paul Sousi, Jr. NOV 2 0 1986
Agent for Makai Harbor Development Corporation
222 Causeway Drive WATER QUALITY SECTION
Post Office Box 260 OPERATIONS BRANrH
Wrightsville Beach, North Carolina 28480
Subject: Stormwater Controls for the
Proposed Makai Harbor Development
Pender County
Dear Mr. Sousi:
It has come to my attention that the Division of Land.Resources approved an
Erosion Control Plan for the proposed Makai Harbor Development on October 23, 1986.
As you may know, in September 1986, the Environmental Management Commission
adopted regulations to implement stormwater controls on projects located adjacent
to waters classified SA. The effective date of the new stormwater regulations
was November 1, 1986. Purusant to 15NCAC 2H.0408(d), projects greater than one
acre in size which are located within 575 feet of class SA waters, and which
require submittal of a Sedimentation and Erosion Control Plan to the Division of
Land Resources, must either meet certain impervious area requirements or have
a stormwater treatment and disposal system. The Atlantic Intracoastal Waterway
which borders the project's site to the east is classified SA, and is frequently
open to shellfishing. Based on our review of the Sedimentation and Erosion
Control Plan, it appears that a stormwater permit will be required for this
project. No construction of the proposed project may commence until the stormwater
management plan has been approved.
Enclosed herewith is a copy of the recently adopted stormwater regulations.
If you have any questions concerning the regulations or permit requirements for
your project, please do not hesitate to contact Mr. David Cotton or Mr. Preston
Howard at our regional office, telephone number [phone].
Sincere y,
?- / o
L
Charles Wakild
Regional Supervisor
CW:APH:kc
cc: Dan Sams 7225 Wrightsville Avenue. Wilmington, N.C. 2 840 3-3 696 • Telephone [phone]

P4nderYetch 8 r
349 Dogwood Lane`
Hampstead, N.C., 28443
November 13, 1986
RECElV
° ? ?o yes
V-e __ HOV 2 ? 198ikATER wUALITY
WATE QU* ALITY SECTIONSECTiON
nor-RATIONS BRANCH
Dear Mr. Gardner: _
We thank you for taking the time to see usAWednesday, November 5, to discuss the
above-mentioned project. I appreciated your telephone call the next morning on a point
made during our discussion.
However, I disagree with your conclusion that the Makai plan is reasonable and
workable to control erosion and that an on-,site inspection by your staff is not necessary.
Their alleged plan is nothing more than a drawing done on blueprint paper to make it look
good. Its accuracy is suspect. r
The project is in the midst of an environmentally sensitive area, one with S A waters,
404 wetlands, and a steep wooded slope. There is no mention of the type of sewage treat-
ment or the number of trees which will have to:be removed for this treatment plant, roads,
buildings, and parking spaces. These conditions can't help but affect the sedimentation
and erosion aspects of the property.
This same project was turned down by the state this past summer due to the effects of
a 100+ boat slip marina. The new drawing omits the marina per se but still includes one
tvelve-story highrise tower of 65 units and 13 different townhouses of 66 units all total-
ing 131 units or about 262 people living there; flushing toilets, etc. The project sits on
27.5 acres which includes the vetlands'area and,the existing creek.
To our knowledge, there is no detailed construction plan for any part of the develop-
ment. One can only wonder about the type of sewage treatment plant and question why 12
stories, when our fire department can only reach 2 floors. And wouldn't the roof be used
to locate the mechanical equipment for air-conditioning and water distribution? I believe thif
will be the tallest building on the North Carolina coastline right in a residential area!
In our judgment,.any development of this magnitude, especially on the water, should be
visited for an on-site inspection for all state environmental conditions before any decision
is considered, let alone issuing a permit as was done in this case. It is not our problem
that you have only two people covering seven counties resulting in their being too busy
to get out in the field. While you might save a couple of land quality engineers' salaries,
our coastal lands fall before the developers' bulldozers. I feel that the permit approval
in this case is invalid and should be rescinded pending at least a premises visit. I plan
to discuss this matter with our attorney to determine if we can solicit help from the
state Attorney General.
It would seen that the Makai plan deliberately evades CAMA and DEM regulations. The
drawings are not accurate and you should not be deceived, but ask them to prove that this
construction will not degrade the environment of this area. You all should be guarding
and protecting instead of acquiescing.
As an example of their deception, their plans show lines 75' back from the water
line but due to erosion on the bank along the waterway the land is back from where they
say it is. Secondly, while the sewage treatment plant-may be 575' from the water on their
property, the natural flow is down a slope to the adjacent Thomas property where the
shoreline is only 400' to the proposed plant. Verification of these points would demon-
strate their purposeful deception!
The developers have not only evaded inclusion in storm water runoff regulations by
beating the November 1 deadline but have circumvented CAMA regulations be calling the first
75' single family building lots. Actually, they are too small for building within storm
water runoff requirements and would only permit individual docks and bulkheads, thus
avoiding a major CAMA permit process. Nov they will have a "piecemeal" marina which was
soundly defeated when six state and four federal agencies submitted objections or express-
ions of concern to the initial proposal.
Sincerely,

Z. R. V;nkeneier, Pres.
cc:
S. Thomas Rhodes
Lynn Muchmore
R. Paul Vilms
David V. Arens
Lacy H. Thornburg
S. Henri Johnson
f
f
t`enderWatch & Conservancy Nov. 5,1986
General ....:.!.I.ti'i?i:: along
Concern .... Development t... 'fit' .1.?,: i ! ? .1..-r "i f..,, lt:::.s . '• 1. Waterway t!' r...r f"e:°: County, surrounded
in ..:::::'by
.r
development on . Topsail island, Wrightsville a!...,:....!
Beach ,
l'''•l e:i? New Hanover County with degradation of surrounding waters,,
i''•lt::)t opposed 't:.:o development. Want planned rational
development ... t:::4..:: ,....:.:..: t:.,:.1I' .. with what ecological systems will
stand.,
:I. i"f
development
l' 1 t.:t l•?: t: r.:I. Harbour Project- forerunner t 't" o
North Carolina- designed to circumvent the law. Not
t • . ..:::> k....t?;.r r'k:. with •:!.'t:.l°} Storm e 5-r
E::: E::. r'r.::>a. IFJt:?'t:.e::.r° Runoff Regulations and L.: r..f!' iA
I egi slat ion.
i f'Fil ! ty1A..1.•li:::FZ. fa_!I'••!C:11::: .'
t :: r. .
,..,t:::' d i'r e n t i::i't:i o n a f...! d 1:::. r.' o i:::• i o I...E Co n .t". r.' o l Per. f'i't :i. t
10/23/86 .. t_r......y avoid !I/i/86 regulations.
secured
'....
No construction plan, no sewage treat
,....:..r::'!!_r't.. p1 ..: ..1 ,.at,:y no detail r:11...! water usage„ Ar::r:'._!i
.1l quoted as saying
"....design .,....: used to get permits 't'°. hI,.. i... ! .::i f` : ' then [:e?:'r we'll
decide what to build".
How can Sedimentation and E r° c.:; s :i. t::} i
Control Permit be valid without knowing developer's plans'?
They are purposefully deceptive..
No on site inspection by 1__al°d Quality
1r°o.. ,:i.reri'r''• of r». ? of r,5
A waters;
Engineer to note steep slopes; _?
wetlands.
:w:.f run-off ;.ll 1.}te?
Have 1°r t::'1't:. shown °! °rt::. !•?a
prevented r?:r::?rr. entering , waters. t''ri.J impervious
adjacent
surface plan- agent publicly stating they w....:'s. have condo
owners "park under the trees".
Original denial - Wilms letter, Owens letter.
Questions and concerns still applicable.
r..r,.. denial .. I r._t:a •:? tt: , i°t.:: { slopes, ... steep 40/1.
for not changed
Reasons
wetltatnds,, flood plain, proximity of shellfish beds. R. Paul
submitted . , t:: ,t°; a ii::... ., t...rt..t-:' which .
Wilms The site plans are is
i to calculate, as well as nt::;'t:. supplying sufficient
tai:i.f'r't':it:.t_t.i•i:
detail to roads, parking areas, and property boundaries. An
adequate ..: t:. i:. r frr w...t':. ee:1' review cannot be made unless more
complete and detailed plans are submitted. You must
demonstrate st....._.} k ••:vi"! r..•, i..<... ,_a ._ runoff from
will be how r.. .5' r +, : , t? k f=}L' prevented
entering adjacent surface waters.''
Requ est La nd Resour ces reconsider
.,...rr::
_v t
Sedimentation
lC:. S i..l c::.r. oi r C ontrol Permit. Deve lopers , mus t have ::; more
complete and de tailed pl an to demonstra te how s torm water
runoff wi ll be prevented from entering shellfis h waters:,
Can this i b e decided on r .. t t...:::t se.::' by case bas is"?

r
MAR I N(-)
Future development of marinas in North Carolina
PIECEMEAL MARINA'?
38 single family lots on 75' setback, AEC area.
inadequate t',..1 20% storm water runoff
. building. regulations? ......!..14.4..t:: ::)(•::: divided in Y half s.i.f
{.., to !`:i lots for
individual docks since PIiiS #...! i::i e#'_ County has no t..l zoning or
sub-division ordinances.
Minor CAMA permit required for individual docks
I::; t•-1I"I f•••! I-1!::}i'°t'it:#.t°. required .r t.o#:.. individual
Ii:i.#"ii::7!"
bulkheads. What you !...t have .I.°::. marina ? ... : }. ... precedent for
<:::1")(.., t t other developers, i:s:iiid to circumvent the law since more
than ten boat slips require a major 1... t•-i MA permit.
D.H.S. will close waters to shellfishing.
Original denial
t u•:•a <...t...E r:+`" ::i and concerns still applicable.
David W. Owens: f._, violation i..Yt' state standards on ? fecal
t::: t::Y ...:. {" r1•(I bacteria from SA waters is expected to occur as a
result of stormwater runoff from the developed project
:.E. t.:r: „ "...adjacent waters which are presently open t_ t..?
site."
W:L.i..I. be C.?.(:.isC?Cig thereby causing :ci
shellfish harvest, .
violation of t:I"}e ant. :i."•°ciet:7radat.i.on clause of =tote water
quality sw't:.&a#"Ydard<.i and policy." "...requires projects to
give highest priority to the protection and management of
coastal wetlands so as to,safeguard and perpetuate their
biological, social, economic, and aesthetic values; to
coordinate and establish a management system capable {':Y'f'
conserving and utilizing coastal wetlands as a natural
resource essential to the functioning !..: the entire
..: , ._........ tE! .: ,: the highest priority, the
estuarine system."
management :`:'.d conservation `.r,,,; the important features of
estuarine :_, waters, ... ::ar... ... ... <:!'•::r i°,t::Y safeguard : iI...Ei.. ..i perpetuate their
r biological values". "... development shall not violate
water ., t.•:i#-4C: air quality standards." t: ? •:? r•...#.:r Y<:::...: ,t::: should
I . not
disturb valuable shallow water and wetland ....E a b >. t aci •t ., t,
"Development shall nis"tt tiiiive a significant adverse impact on
estuarine resources." "No N('.:} development shall be allowed :V. 1' t
the AI....C which would have a substantial likelihood of causing
pollution t...r.::: the e_y;•;i_!:::#...!.t.. that of •, waters : [.., ..r. the State !. .t.. , irl .:_ t_? t::: (..}
waters would be closed to the taking shellfish under
standards ;21,[::a•{" by the Commission for health services pursuant
B.S. 130-169.0l.''
? SSNt ??
M
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor "larch 18, 1986 R. Paul Wilms
S. Thomas Rhodes, Secretary Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RECEIVED
Mr. Paul Susie, Jr.
Agent for MAR 2 1. 19$6
Makai Harbor Development Corp.
222 Causewav Drive, P.O. Box 260 WAILN ,
Wrightsville Beach, NC 28480 OPERATIONS IONS SRANCANC SECTION,
P6l
Subject: Application for Water
Quality Certification
Makai Harbor Dev. Corp.
Pender Countv
Dear Mr. Susie:
Your application dated November 5, 1985 for a Water
Quality Certification under Section 401 of the Federal Clean
Water Act as Amended has been reviewed by our staff. Your
proposal is to develop a 27.5 acre tract of land by
constructing 116 units within 11 structures, a three basin
marina with 100 slips, marine servicing, pool, ship's store,
tennis courts and spoil disposal area adjacent to the
Atlantic Intracoastal Water Way at Washington Acres. The
issuance of a Water Qualitv Certification is a finding by
this Division that the proposed activity will not cause a
violation of water quality standards or discharge
guidelines.
There are several aspects of the project which cause us
considerable concern as to the effect on water quality
standards in these waters which are classified SA. One is
the fecal coliform levels which are contained in the
stormwater runoff. Information available to us at this time
indicates that a violation of fecal coliform standards for
SA waters will be expected to occur as a result of
stormwater runoff where effective impervious surface areas
are in excess of 10% and a 30-foot natural buffer to MHW is
not provided. Whete effective impervious areas are greater
than 10%, diversion, treatment or,containment of the
stormwater runoff up to the 10-year, 24-hour rainfall event
Pnllulion Prevention Pays
PO Box 2768,, Rakwh, North Carolina 27611-7697 Tekphone 919733.7015
An Equal Opportunity Affirmative Action Emplomr
//0,-
0
Mr. Paul Susie, Jr.
Page 2
March 18, 1986
would be needed to assure protection of the water quality
standard. This project as proposed, appears in excess of
10% effective impervious area. The site plans submitted are
on a scale which is difficult to calculate, as well as not
supplying sufficient detail to roads, parking areas, and
property boundaries. An adequate stormwater review cannot
be made unless more complete and detailed plans are
submitted. You must demonstrate how stormwater runoff will
be prevented from entering adjacent surface waters.
Another aspect of the project which causes concern is
boat operation. Sewage dischargeii from boats in the marina
basins is likely to cause a violation of the fecal coliform
standards. In order for us to conclude that sewage
discharge from boats will not occur, we would have to be
satisfied that the project can and will prevent sewage
discharge from boats on a long-term basis. Past experience
has been that just providing marine pump-out facilities is
insufficient to prevent sewage discharges from occurring.
Also spill potential at the fueling docks is an area where
specific plans will need to be developed to assure that the
marina operation will not pose a threat to water quality.
Further specific information needs to be provided on the
marine service area to explain the types of activities which
are to take place (repairs, painting, sanding, etc. of
boats).
The Spartina mitigation fill presents.some other
specific problems related to water quality. The 3,000 cubic
yards of organic material that is proposed to be placed
below the plane of mean high water for Spartina grass
mitigation is expected to violate water quality standards
for turbidity. Also since more than 1/2 acre is to be
filled, these classified waters must first be declassified
by the Environmental Management Commission in accordance
with the Commission's policy on fill in classified waters.
The location of potable water wells in relation to the
proposed spoil location must be provided to enable a review
of groundwater impacts.
- Because of the reasons cited above, I have-concluded
that the proposed project should not be certified. Your
application for a Water Quality Certification is hereby
denied. Should you redesign the project from the standpoint
of stormwater impacts, boat operation, fill and spoil
disposal in such a manner as to satisfy our concerns for
water quality protection, I will reconsider this denial. It
is suggested that you work closely with our Wilmington
Regional Office in any redesign of the proposed project and
further details which would be needed.

Mr. Paul Susie, Jr.
Page 3
March 18, 1986
You do have the right to a review by the Environmental
Management Commission, if the denial is unacceptable to you.
Your request for Commission review must be in writing,
identifying the specific items to be contended, within 10
days of your receipt of this denial. If you have any
questions concerning this matter, please contact Mr. Bill
Mills at 919/733-5083.
Sincerely,
R. Paul Wilms
cc: George Everett
Dennis Ramsey
Wilmington Regional Office
David Owens

N ?(q
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary Director
May 12, 1986
Certified Mail
Return Receipt Requested
Mr. Paul Susie, Jr.
Makai Harbor Development Corporation
222 Causeway Drive
P. 0. Box 260
Wrightsville Beach, NC 28480
Dear Mr. Susie:
This letter is in reference to your application request for a Coastal
Area Management Act (CAMA) Major Develoment Permit and a State Dredge and
Fill Permit to develop a marina and a multi-family residential community
adjacent to the Atlantic Intracoastal Waterway,(AIWW) and Mill Creek, near
Hampstead,. in Pender County, -off of Secondary.-Road 1582. - Processing- --of
.your application, under a joint State and Federal review, including onsite
investigation; -is now complete. In the -course --of!-ttris -review; s-rx -'state
and four Federal agencies have submitted objections or expressions of concern
to the proposal.
Based on the review described above, the Division of Coastal Management
has made the following findings:
(1) Development of the marina as presently designed would cause to be
eliminated approximately 2.4 acres of wetlands, consisting of coastal
marshland species of vegetation and higher marsh consisting of Section
'404 type wetlands. The wetlands at the lower elevations provide
nutrients to the coastal waters food chain, while the higher elevations
provide a filtering buffer, thus protecting water quality;
(2) Marina development would also cause a direct alteration of approximately
2.1 acres of bottom habitat by excavation, thus changing a productive,
shallow water system to deeper water;
P.O. Boot 27687, Raleth, North Grulina 27611-7687 Telephone [phone]
An Equal opportunity Affirmative Action Employer
Mr. Paul Susie, Jr..
Page 2
May 12, 1986
(3) A violation of state standards on fecal coliform bacteria for SA waters
is expected to occur as a result of stormwater runoff from the developed
project site. In addition, sewage discharge from boats in the proposed
100 boat marina will likely contribute fecal coliform bacteria and
subsequent violation of state standards;
(4) As a result of the bacteria introduction described in item 3, adjacent
waters, which are presently open to shellfish harvest, will be closed,
thereby causing a violation of the anti-degradation clause of state
water quality standards and policy;
(5) The Division of Environmental Management has denied the Section 401
Water Quality Certification which is,a required authorization;
(6) The proposed mitigation, involving over a half acre of fill being
placed below mean high water cannot be undertaken without declassification
of the affected waters by the Environmental Management Commission;
M_ In_ .the absence of a formal finding-by Pender County, this office has
determined that the project as presently designed is inconsistent
with the Pender County Land Use Plan;
(8) Objections have been submitted by area citizens, citizens groups and
environmental organizations. The comments include environmental, as
well as land use types of objections;
(9) It has been determined that the project is inconsistent with the following
partial listing of the Rules of the Coastal Resources Commission:
(a) 15 NCAC 7H.0205(c). Management Objectives (for coastal wetlands).
This: requires--projects to give,-h;ghest priority to the protection
and management of coastal wetlands so as to safeguard and perpetuate
their biological, social, economic, and aesthetic values; to coordin-
ate and establish a management system capable of conserving and
utilizing coastal wetlands as a natural resource essential to
the functioning of the entire estuarine system;
(b) 15 NCAC 7H.0206(c). Management Objectives (for estuarine waters).
This rule establishes, as the highest priority, the management
and conservation of the important features of estuarine waters,
so as to safeguard and perpetuate their biological values;
(c) 15 NCAC 7H.0208(a)(2)(C). This standard states that development
shall not violate water and air quality standards; -
(d) 15 NCAC 7H.0208(b)(4)(B). Specific Use Standards for Marinas.
Marinas should be developed on non-wetland sites or in deep waters
and should not disturb valuable shallow water and wetland habitat.
(e) 15 NCAC 7H.0209(e)(4). Development shall not have a significant
adverse impact on estuarine resources; and
Mr. Paul Susie, Jr.
Page 3
May 12, 1986
(f) 15 NCAC 7H.0602. Pollution of Waters. No development shall be
allowed in the AEC which would have a substantial likelihood of
causing pollution of the waters of the State to the extent that
such waters would be closed to the taking of shellfish under standards
set by the Commission for health services pursuant to G.S. 130-169.01.
Given the foregoing findings, your permit application must be denied.
This denial is made under the Dredge and Fill Law (NCGS 113-229(e)(5)),
which provides for permit denial upon finding a significant adverse impact
on estuarine resources; NCGS 113A-120(2), which requires CAMA permit denial
when the project is found to be inconsistent with the State Dredge and
Fill Law; and NCGS 113A-120(8), which requires denial of projects inconsistent
with the State Guidelines for Areas of Environmental Concern or local land
use plans.
If you wish to appeal this denial, you are entitled to a quasi-judicial
hearing before the Coastal Resources Commission as provided by the Coastal
Area Management Act. A request for a hearing must be submitted in writing
within twenty days of the date you receive this letter. Mr. Ralph Cantral,
Assistant Director of the Division of Coastal Management, at 733-2293,
is available to discuss the appeal procedure with you. A reversal of this
action by the Coastal Resources Commission may not resolve the objections
of the Federal agencies, and thus a separate appeal of the Federal permit
decision may be necessary.
In lieu of a hearing, you may wish to modify your proposal. Department
personnel are available to discuss alternatives with you. It is, of course,
the policy of this office to assist an applicant with his project while
protecting our vitally _important coastal resources.. Should you redesign
this project from the standpoint of water quality impacts and wetland habitat
loss, there still remains the issue of the Pender County Land Use Plan.
If the county chooses to amend the land use plan, the Coastal Resources
Commission, upon request from the County, would have to approve changes
to the Plan that would favor your proposal in order to remove this factor
as an issue.
Also you should be advised that as long as this State permit denial
stands, your project must be deemed inconsistent with the North Carolina
Coastal Management Program, thereby precluding issuance of Federal permits
for this project. The Federal Coastal Zone Management Act of 1972 (CZMA)
gives you the right to appeal this finding to the U. S. Secretary of Commerce,
within 30 days of receipt of this letter. Your appeal must be based on
the grounds that the proposed activity is (1) consistent with the objectives
or purposes of the CZMA, or (2) is necessary in the interest of national
security, and thus, may be Federally approved. Mr. Cantral is also available
to discuss these tests and the appeal procedure with you.
Sincerely,
David W. Owens
,,v0 c o ArVCIVcr
-T
//V L4
lools
-- ----------
S of

u Sc 0-,' -tea /Cs

_ C tl _ ?,?-
I

State of North Carolina
Department of Natural Resources and Community Development
Wilmington Regional Office
James G. Martin, Governor
S. Thomas Rhodes, Secretary
CERTIFIED MAIL DIVISION OF ENVIRONMENTAL MANAGEMENT
RETURN RECEIPT REQUESTED
November 19, 1986 R E C E I V E D
Mr. Paul Sousi, Jr. NOV 2 0 1986
Agent for Makai Harbor Development Corporation
222 Causeway Drive WATER QUALITY SECTION
Post Office Box 260 OPERATIONS BRANCH
Wrightsville Beach, North Carolina 28480
Subject: Stormwater Controls for the
Proposed Makai Harbor Development
Pender County
Dear Mr. Sousi:
It has come to my attention that.the Division of Land.Resources approved an
Erosion Control Plan for the proposed Makai Harbor Development on October 23, 1986.
As you may know, in September 1986, the Environmental Management Commission
adopted regulations to implement stormwater controls on projects located adjacent
to waters classified SA. The effective date of the new stormwater regulations
was November 1, 1986. Purusant to 15NCAC 2H.0408(d), projects greater than one
acre in size which are located within 575 feet of class SA waters, and which
require submittal of a Sedimentation and Erosion Control Plan to the Division of
Land Resources, must either meet certain impervious area requirements or have
a stormwater treatment and disposal system. The Atlantic Intracoastal Waterway
which borders the project's site to the east is classified SA, and is frequently
open to shellfishing. Based on our review of the Sedimentation and Erosion
Control Plan, it appears that a stormwater permit will be required for this
project. No construction of the proposed project may commence until the stormwater
management plan has been approved.
Enclosed herewith is a copy of the recently adopted stormwater regulations.
If you have any questions concerning the regulations or permit requirements for
your project, please do not hesitate to contact Mr. David Cotton or Mr. Preston
Howard at our regional office, telephone number [phone].
Sincere y,
Charles Wakild
Regional Supervisor
CW:APH:kc
cc: Dan Sams 7225 Wrightsville Avenue, Wilmington, N.C. 28403-3696 • Telephone [phone]
Bob Stroud, Bill Mills
WiRO, CF An Equal Opportunity Affirmative Action Employer
•#'? 4aST/?T£4
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary Director
May 12, 1986
Certified Mail
Return eceip Requested
Mr. Paul Susie, Jr.
Makai Harbor Development Corporation
222 Causeway Drive
P. 0. Box 260
Wrightsville Beach, NC 28480
Dear Mr. Susie:
-This letteris in reference to your---application -request for a Coastal -
Area Management Act (CAMA) Major Develoment Permit and a State Dredge and
Fill Permit to develop. a marina and a multi-family residential community
adjacent to the Atlantic Intracoastal Waterway (AIWW) and Mill Creek, near
Hampstead,_. in Pender -County, off of Secondary -Road-. - l 582. -Processing- of- -
your application, under a joint State and _Federal review, including onsite
_..:nves i anon°; 4is now, complete -In-, the cou>?se.._?'f'?hi=t.:: review; aix -stdt
and four Federal agencies have submitted objections or expressions of concern
to the proposal.
Based on the review described above, the Division of Coastal Management
has made the following findings:
(1) Development of the marina as presently designed would cause to be
eliminated approximately 2.4 acres of wetlands, consisting of coastal
marshland species of vegetation and higher marsh consisting of Section
'404 type wetlands. The wetlands at the lower elevations provide
nutrients to the coastal waters food chain, while the higher elevations
provide a filtering buffer, thus protecting water quality;
(2) Marina development would also cause a direct alteration of approximately
2.1 acres of bottom habitat by excavation, thus changing a productive,
shallow water system to deeper water;
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

A
Mr. Paul Susie, Jr.
Page 2
May 12, 1986
(3) A violation of state standards on fecal coliform bacteria for SA waters
is expected to occur as a result of stormwater runoff from the developed
project site. In addition, sewage discharge from boats in the proposed
100 boat marina will likely contribute fecal coliform bacteria and
subsequent violation of state standards;
(4) As a result of the bacteria introduction described in item 3, adjacent
waters, which are presently open to shellfish harvest, will be closed,
thereby causing a violation of the anti-degradation clause of state
water quality standards and policy;
(5) The Division of Environmental Management has denied the Section 401
Water Quality Certification which is a required authorization;
(6) The proposed mitigation, involving over a half acre of fill being
placed below mean high water cannot be undertaken without declassification
of the affected waters by the Environmental Management Commission;
_.(7)- In_ the absence _of ..a---formal finding by---Pender- -County, this -office- has
determined that the project as presently designed is inconsistent
with the Pender County Land Use Plan;
(8) Objections have been submitted by area citizens, citizens groups and
environmental organizations. The--comments include environmental,- as
well as land use types of objections;
(9) It has been deterTmi-ned that the project is inconsistent with the following
partial listing of the Rules of the -Coastal Resources Commission:
(a) 15 NCAC 7H.0205(c). Management Objectives (for coastal wetlands).
-raqui,re&II projects; to give highest--pri!ority -tQ the?.:protectio"' „r .:- , •,,x
and management of coastal wetlands so as to safeguard and perpetuate
their biological, social, economic, and aesthetic values; to coordin-
ate and establish a management system capable of conserving and
utilizing coastal wetlands as a natural resource essential to
the functioning of the entire estuarine system;
(b) 15 NCAC 7H.0206(c). Management Objectives (for estuarine waters).
This rule establishes, as the highest priority, the management
and conservation of the important features of estuarine waters,
so as to safeguard and perpetuate their biological values;
(c) 15 NCAC 7H.0208(a)(2)(C). This standard states that development
shall not violate water and air quality standards;
(d) 15 NCAC 7H.0208(b)(4)(B). Specific Use Standards for Marinas.
Marinas should be developed on non-wetland sites or in deep waters
and should not disturb valuable shallow water and wetland habitat.
(e) 15 NCAC 7H.0209(e)(4). Development shall not have a significant
adverse impact on estuarine resources; and
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Mr. Paul Susie, Jr,.
Page 4
May 12, 1986
DWO/aw
cc: Mr. Peter Tweedt
U. S. Department of Commerce
Washington, D. C.
Colonel Wayne A. Hanson
Corps of Engineers
Wilmington, NC

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
March 28, 1986
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC086-N-071-00047
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
Reference the application of Makai Harbor Development
Corporation for a Department of the Army permit to excavate an
access channel/canal and basin, place riprap material, and
construct bulkheads, piers and floating docks to establish marina
facilities off the Atlantic Intracoastal Waterway (AIWW), Pender
County, North Carolina.
The Federal agencies have completed review of the proposal as
presented by the application and your field investigation report.
By letters of March 5, 6 and 10, 1986, respectively, (copies
enclosed), the U.S. Environmental Protection Agency, the U.S. Fish
and Wildlife Service and the National Marine Fisheries Service
recommended denial of authorization. These Federal agencies
express concerns regarding projected wetland losses and adverse
effects on aquatic species, but their overriding problem is with
anticipated degradation of water quality. We agree, considering
available information, that authorization be denied,.
Note that in their letter, the U.S. Environmental Protection
Agency recommended a hydrographic study to establish predicted
flushing and citculation characteristics for the proposed marina
complex. We and the agencies would welcome a modified application
to include such a study, but there would be no guarantee of-either
favorable recommendations or permit issuance.
Also, the record reflects organized, local opposition and
the possibility of the presence of significant cultural resources.
-2-
Considering the aforementioned, Federal agencies' basic concerns
and recommendations for denial, these aspects have not been fully
evaluated.
Questions or comments may be addressed to Mr. Ken Jolly,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosures
Copies Furnished (without Enclosures):
Mr. William Mills Mr. Randy Cheek
Water Quality Section National Marine Fisheries
Division of Environmental Service, NOAA
Management Pivers Island
North Carolina Department of Beaufort, North Carolina 28516
Natural Resources and
%OK Community Development Mr. William L. Kruczyaski, Chief
Post Office Box 27687 Wetlands Section
Raleigh, North Carolina 27611-7687 Marine and Estuarine Branch
U.S. Environmental Protection Agency
Mr. Charles Jones 345 Courtland Street
Morehead City Regional Office Atlanta, Georgia 30365
North Carolina Division of
Coastal Management Mr. Rob Moul
Post Office Box 769 Wilmington Regional Office
Morehead City, North Carolina 28557 North Carolina Division of
Coastal Management
Ms. L. K. (Mike) Gantt 7225 Wrightsville Avenue
U.S. Fish and Wildlife Service Wilmington, North Carolina 2$403
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Or
V,,•
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
November 14, 1985
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC0886-N-071-0047
RECFII FD
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
4
NOV
V"!ATEft ,; f; , ?Tv a?t? ? ?1
Enclosed is the application of NWX4' =fir Development
Corporation for a Department of the Army permit and a State Water
Quality Certification to excavate access channel/canal and basin,
place riprap material and construct bulkheads, piers and floating
docks associated with community marina facilities off the Atlantic
Intracoastal Waterway (AIWW) at Makai Harbor, 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 authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be required
under the provisions of Section 401 of the same law. A Department
of the Army permit will not be granted until the certification has
been obtained or waived.
In accordance with our administrative regulations, 60 days
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by January 13, 1986, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Ken Jolly,
telephone [phone].
Sincerely,
ha s W. Hol is
hief, Regulatory Branch
Enclosure

-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Rob Moul
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
t A APPLICATION ?SAffa"It/"a*?7l?Cb® t'7
FOR F,.
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
- v t_ - J. -wwv
Department of Administration State of North Carolina Department rmy 1
(GS 14612) Department of Natural Resources and Community Development Corps of E mi
(GS 113-229,143-215.3(a)(1). 143.215.3(cl, 113A•118 (33CFR 209. 91),
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
Applicant Information
A. Name Makai Harbor Development Cor
Last First Middle
B. Address 222 Causeway Drive, P.O. Box 260
Street, P. O. Box or Route
Wrightsville, Beach, NC 28480 [phone]
City or 1 own State Zip Code Phone
11. Location of Proposed Project:
A. Count.- _ Pendgr 40
B. 1. City, town, community or landmark Topsail Township adjacent to Washington Acres Subdivi son
2. Is proposed work within city limits? Yes No XX
C. Creek, river, sound or bay upon which project is Iocated or nearest named body of water to project
Description of Project
A. 1. Maintenance of existing project 2. New work X
B. Purpose of excavation or fill
1. Access chdnnrl XX length Qnn' width 1 nn' depth --7'
2. Boat basin XX length 360 width _ 160 depth -7
3, till area Xx length Q _width _6Qdepth inrh'as-(erganie)
4. Other Ieng)h width depth
C. 1 Bulkhead length 724 Average drstanu, waterward of MHW (shoreline) .&biad MHW.- existing at NEW
2. type of bulkhead tonstrucis.m (mdicridll GCA-Ueated &4 P. Ti4eriii
D. Excavated mdterrdl (Itslal fur prnlc4.1)
1. Cubic yard, _ 38-800 2. 1 ype of mater gal to nd c i 1 t
E. F ill matcrsdl to he piaLcJ hcluw MI IA' (wi: also VI. A) Only organic matter at
1. Cubet yard. 3,GOQ 2. type of material -'mil-anted C Al telnaf 1 er-a
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area ttt be QACdVJletl im ludo any mdrshl.ind, swamps or other w•ciland? Yes XX No
B. Does the disposal decd iniludc an% marshlanJ, swamps or other wetland' Yes No _XY._
C. Disposal Ared
1. Location Spa nrawiAg
2. Do you claim title to drspusal drea.' es
D. I sit mrters,rl.nui c if Isll rs to be trutkcd in marl road bed and building foundation only
E How will ritti%ated malcrral he cnLrdpped end crusron trntrolled'
dikes with i d settleg]ent
1. 1 ?-pc of eyuipmrni tii nt, u.c,t hydraulic dredge, dragl ine
G Will mdsshland he cuu.srd in trdnsporirng cyorpmeni to protect site? If yes, explain small amounts of
Li.v >~ty
commences.
OAF-61
Rev. 10/18
s
V. knended Use of Project Area (Describe)
A. 1. Private
2. Commercial
3. Housing Development or Industrial -----with rnmmun i t g Marina
4. Other
B. 1. Lot site(s)-NIA
2 Elevation of lot(s) above mean high water MNW at-25'
3. Soil type and texture sand
4. Type of building facilities or structures __wood frame attached dwelling units
masonry and steel large building
5. Sewage disposal and/or wastewater treatment A. Existing Planned
S. Describe Package plant and land-appl i cat ion
6. Land Classification (circle one) DEVELOPED TRANSITIONAL
CONSERVATION OTHER
INITY' RURAL
CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality: Organic matter at planted marsh grass only
A. Does the proposed project involve the placement of fill materials below mean high water? YesU_No
8. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes-No XX
2. Type of discharge N 1A
3. Location of discharge NIA
VII. Present rate of shoreline erosion (if known): NA (Nnna w.ea.?. Mad )...n.n VI 11. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work In project area, If applicable: _.,.., NA
IX ---
Length of time required to complete project: 36 Months
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy o: the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
8. Attach an accurate work plat drawn to scale on 8% X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113.229 (d))Enter date served November 5; 1985
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in, which to submit comments to agencies listed below.
R.F_ Niinhpc Route 2, Box 1 W Hampstead, N.C. 28443
X1. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolinats approved coastal management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pirsuant to this application will allow only the development described in this appli
cation and plat Applicants should therefore describe in the application and plat all anticipated devel-
opment act4ities, including construction. excavation, filling, and land clearing.
Makai Harbor Development Corp.
DATE November 5, 1985 By.
Applicant's Signature
D&F-82 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
Rev. 10/78
. . Box 63 , N.U.
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North Carolina
New Hanover County
Assignment
For good valuable consideration the undersigned hereby transfers and assigns
unto Makai Harbor Development Corp. all rights title and interest in and to that
certain contract to purchase dated October 4, 1984 by and between Raymond E.
Hughes and wife Hilda M. Hughes. Copy of which is attached hereto and in-
corporated herein by reference.
Century 21 PRIME, INC. By _?? ATTEST: President

Assistant Secretary --
Date: / `
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
May 30, 1986
SUBJECT: File No. SAWC086-N-071-0047
Mr. Paul Susie, Jr.
Makai Harbor Development Corporation
222 Causeway Drive
Post Office Bog 260
Wrightsville Beach, North Carolina 28480
Dear Mr. Susie:
By copy of North Carolina Department of Natural Resources and
Community Development letter to you of May 12, 1986, we have been
informed that your application for State authorization to excavate
an access channel/canal and a basin, place riprap material and
construct bulkheads, piers and floating docks associated with
community marina facilities off the Atlantic Intracoastal Waterway
(AIWW), Makai Harbor, Pender County, North Carolina, has been
denied. Under the administrative rules of our regulatory program,
denial of required State authorization precludes favorable
consideration of a Federal permit. Accordingly, your Department
of the Army application is hereby denied, and your file has been
retired.
Additionally, we received unfavorable comments from the U.S.
Environmental Protection Agency, the U.S. Fish and Wildlife
Service and the National Marine Fisheries Service (copies of
letters enclosed). Their reaction to your proposal is the result
of anticipated significant adverse impacts. I have provided these
Federal agencies' comments to alert you to concerns in addition to
those identified in the State's denial letter. While appealing
the State permit is the next step in pursuing State authorization,
you should be aware that Federal agency comments will be unchanged
by the outcome of that appeal. Because of the Federal agencies'
influence on Department of the Army permit decisions, it is
unlikely a Department of the Army permit would be available unless
your project can be modified to lessen its impacts.
Mr. Ken Jolly of my staff is available to answer any questions
you may have or to assist you in developing a revised plan. He
may be reached at telephone [phone].
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Wayne A. Hanson
Colonel, Corps of Engineers
District Engineer

p
-2-

-Copies Furnished (without enclosures):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries Service,
NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Rob Moul
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
,4
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V"EID.
APR l:; 1986
DAL ..j 'A Vk WWftMW "M
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APR 16 1986
WATER QUALITY
SECTION

209 Washington Acres Road
Hampstead, N. C. 28443
April 10, 1986
Department of Natural Resources
And Community Development
Division of Environmental
Management
512 North `;aliFbury Street
Raleigh, N. C. 27611
Dear Mr. Wilms:
Thank you very much for your consideration in keeping us
informed about the Makai Development Corporation project
and the rejection of their water quality permit. We are
extremely concerned about this project because it would
completely surround our home.
We had absolutely no knowledge of the project until a
neighbor saw the CAMA permit application advertised in the
newspaper. Since we are still not receiving any informa-
tion concerning the progress of the development, we would
appreciate any information you could share with us.
Probably our greatest apprehension about the project is the
proposed sewage treatment plant which will be placed across
the road from our house. From what we have been able to
piece together, it would be nothing more than a huge septic
tank pumping 65,000 gallonv of sewage a day: This is a
frightening prospect with our house and private well so
close.
Again, thank you for the information.
Yours truly,
William W. Russell
Vicki Russell
March 24, 1986
William and Vicki Russell
209 Washington Acres Road
Hampstead, NC 28443
Subject: 401 Certification Application
Makai Harbor Development Corp.
Pender County
Dear Mr. and Mrs. Russell:
Your letter of February 27, 1986 to Governor Martin
concerning the Subject project has been referred to me for
reply. We have completed our review of the proposed project
and find several aspects of the project which give us
concern for the ability of the project to assure protection
of water quality standards in the adjacent shellfishing
waters. Specifically, these concerns deal with impacts on
water quality from stormwater runoff, placement of organic
material into the water for Spartina grass mitigation,
sewage and fuel from boats using the marina, and other
possible boat servicing operations which may be planned.
For these reasons, I determined that the request for 401
certification should be.denied. A copy of my denial dated
March 18, 1986 is attached for your information.
Since the CAMA permit for this project is still under
consideration, I have sent a copy of your letter to Mr.
David Owens, Director, Division of Coastal Management, for
his consideration. You should expect to hear from Mr. Owens
concerning their decision on the CAMA permit.
L_.J
William and Vicki Russell
Page 2
March 24, 1986
Your comments and interest in the project are
appreciated. We will inform you should the applicant make a
revised submittal for this project.
Sincerely, y
R. Paul Wilms
Attachment
cc: Honorable James Martin
Dr. Ernie Carl
Mr. David Owens
bcc: Bill Mills
Preston Howard
DIVISION OF ENVIRONMENTAL MANAGEMENT
Office of Director
_I/Attached is referred to: V s6uz#
?PZease prepare a final draft - reply by .7d
for signature by the:
Governor _ Deputy Secretary _ Director
Secretary _ Asst. Secretary _ Deputy Director
In your response, please note correspondence was
referred by: led?.Z?VL ?.
,Indicate carbon copies to s9u, dax-le
In taking action, coordinate efforts with
PZease review attached and give me your comments by
_ Coordinate your review and comment with
Routine/PZease handle
PZease note and advise me as appropriate
_ PZease note and file
_ PZease see me on this
_ For your information
Remarks:
WATER QUALITY
SEC°1°I0
Log Number
Note: In preparing response, please return background
information with response, sufficient number of
carbon copies and properly addressed envelopes
for mai Zing.
DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT
OFFICE OF THE DEPUTY SECRETARY
TO: w DATE:
FROM: Ernest A. Carl
PLEASE:
Draft a reply for Secretary Rhodes' signature and return to me.
Draft a reply for my signature. Ay i
RALEIGH, NORTH CAROLINA 27611-7687 [phone]
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Dear Sir:
209 Washington Acres Road
Hampstead, North Carolina
February 279 1986
We would like to state our objections concerning the CAMA permit
and Water Quality Certification application filed by Makai
Harbor Development Corporation.
A project of this type would contribute greatly to the destruction
of our waters and shellfishing. An area this small and so far
from the ocean cannot safely accomodate the traffic 100 boat
slips.would create. The quality of the water would be damaged
from gasoline spills and oil leakage from the boats. The sewage
that would illegally be dumped from the boats (and this does
happen) would cause a serious pollution problem.
Although the planned sewage plant is more than 75 feet from the
water, it is close enough that any type of problem or malfunction
could cause damage to the marshes in front of it and to the
water quality.
Many types of wildlife would be affected by removal of trees and
clearing of the area. Birds such as pelicans, herons, and
osprey that we have personally seen would disappear. Squirrels,
deer, raccoons, and even a bear cub we have seen would be gone.
We feel this project would have a very adverse effect on the
lifestyle of the community: increase traffic on-small rural
roads, apartment buildings constructed among single family
dwellings, underground drinking water affected by a sewage plant,
and the inability of a small community fire department to pro-
tect such a large complex are just a few of the problems that
could arise.
The area for this project is classified as CONSERVATION in the
Pender County Land Use Plan, and should be continued as such
because of the fragile environment of the area.
We would appreciate your consideration of our reasons for being
against this project and for not wanting it to be constructed
as planned.
Your truly,
William W. Russell
Vicki B. Russell
i E'"

March 24, 1986
Mr. Todd Miller, Executive Director
N. C. Coastal Federation
Route 5, Box 603 (Ocean)
Newport, NC 28570
Subject: Application for 401 Certification
Makai Harbor Development Corp.
Pender County
Dear Mr. Miller:
This letter is in response to your letter of March 6,
1986 to me regarding the Subject application. You had
submitted a copy of your objections to the project and a
request for public hearing.
By letter dated March 18, 1986, I denied the 401
Certification for this project. Please find attached a copy
of the denial. Should the certification be reconsidered
or the applicant file a revised application, you will be
advised. If you have any questions regarding this matter,
please contact Bill Mills at 919/733-5083.
Sincerely,
R. Paul Wilms
Attachment
cc: Preston Howard
Bill Mills
(\y??,f DIVISION OF ENVIRONMENTAL MANAGEMENT
V rft
Office of Director
_Y Attached is referred to: JfCC// QC.
'? PZease prepare f na draft repZy by •.wo _
for signature by the:
Governor - Deputy Secretary _ Director
Secretary - Asst. Secretary _ Deputy Director _
In your response, please note correspondence was
referred by:
_ Indicate carbon copies to
_ In taking action, coordinate efforts with
PZease review attached and give me your comments by _
_ Coordinate your review and comment with
Routine/PZease handle
PZease note and advise me as appropriate
PZease note and file
_ Please see me on this
For your information
Remarks:
J t 30;
Log Number / lv WA-tth
SECTION
Note: In preparing response, please return background
information with response, sufficient number of
carbon copies and properZy addressed envelopes
for mailing.
ti .J
NORTH CAROLINA COASTAL FEDERATION
Route 5, Box 603 (Ocean) • NEWPORT, NORTH CAROLINA 28570.919-393-8185
March 6, 1986
Mr. Paul Wilms, Director
Division of Environmental Management
P.O. Box 27687
Raleigh, NC 27611
Dear Paul:

MAR 'c : ?.

NCCF requests a public hearing on the 401 Certification for the
proposed Makai Harbor marina and condominium development pursuant
to 15 NCAC 2H.0503. There is substantial public interest in
having a hearing and overwhelming evidence that the 401
Certification for this project should be denied.
Enclosed you will find a copy of a letter we have submitted to
Dave Owens which lists our objections to the project.
Sincerely, Todd Miller
Executive Director
Enclosure
cc: Dave Owens
Bob Benton
Red Munden
44
tY e?
ry
WAT QUALITY
SECTION
S'
NORTH CAROLINA COASTAL FEDERATION
Route 5, Box 603 (Ocean) • NEWPORT, NORTH CAROLINA 28570 * 919-393-8185
March 6, 1986
Dave Owens, Director
Division of Coastal Management
P.O. Box 27687
Raleigh, NC 27611
Dear Dave:
NCCF has reviewed the proposed plans for a marina and
condominium project submitted by Makai Harbor Development
Corporation. The permit for this project must be denied on
the following grounds:
1. The marina will violate SA Water Quality
Standards including the antidegradation
policy.
2. Stormwater runoff from the condominium
will violate the SA fecal coliform
standard.
3. Pender County has no mechanism to assure
that proposed stormwater management
devices will be properly operated and
maintained as required by DEM's BPJ's.
NCCF requests to be notified immediately about any new
action taken in regard to this permit request. Any new
action should include modification of the permit
application, mitigation requests, or extensions of time
provided to review the application as well as a decision to
issue or deny the permit.
Sincerely,
?? lzsa ?
Todd Miller
Executive Director
?'.
r
Id
DIVISION OF ENVIRONMENTAL MANAGEMENT
February 26, 1986
MEMORANDUM
To: Bill Mills
h
B
RE C E I
V ED
Operations ranc
From: A. Preston Howard, Jr. MAR p 1886
Wilmington Regional 0 fice
W SECTf0'1
WATER QUALITY
Thru: Charles Wakild
OPERMIONS
BRANC
Wilmington Regional Office
Subject: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
Makai Harbor Development Corp. - Paul Susie
Pender County
The applicant proposes to develop an approximate 27.5 acre tract of land by construcing
116 units within 11 structures, a three basin marina totaling 100 slips, marine
servicing, pool, ship's store, tennis courts and spoil disposal area. The project is
located at Washington Acres along the AIWW, classified SA,-and is currently open to
shellfishing.
The proposed project has been reviewed to determine impacts to water quality. The
following comments are provided:
1. The project will require 401 Certification.
2. It is recommended that the 401 Certification be denied based on the following
information:
a. 3,000 cubic yards of organic material is proposed tobe placed below.the plane
of MHW for Spartina grass mitigation. It is expected that this activity will
violate water quality standards for turbidity.
b. The Spartina mitigation fill area measures approximately 31,680 s.f. in size
below the MHW contour. This exceeds the EMC policy of no.more than 1/2 acre
fill without prior declassification of the waters by the EMC.
c. The applicant proposes to construct a 100 slip marina within 3 basin areas.
It is expected that fecal coliform standards for waters classified SA, will be
violated unless the total number of slips is reduced to no more than 10, and
marine pumpout facilities are provided and a locked head policy established and
adhered to. In the event that Shellfish Sanitation closes the adjacent waters
to shellfish harvesting, as a result of the development, the State's Antidegre-
dation Standard, 15 NCAC 2B.0201 will be violated by removing the existing
use of those waters.
d. It appears that the total amount of impervious surface areas exceeds 10% (the
impervious surface percentage just within the 75' AEC is 3.5% of the total site).
The site plans submitted are on a scale which is difficult to calculate, as
well as not supplying sufficient detail to reads, parking areas and property
boundaries. An adequate stormwater review cannot be made unless more complete
and detailed plans are submitted. The applicant has not demonstrated how storm-
water runoff will be prevented from entering adjacent surface waters.
,y Page Two
Bill Mills
February 26, 1986
e. A 30 foot undisturbed natural or modified grass buffer has not been demonstrated
to exist between the MHW contour and any impervious surface areas.
f. Plans indicate.a marine service area. It is unknown whether the applicant
intends to provide fueling, painting, sanding etc. to boats.
3. The plans do not contain information concerning potable water wells in relation to
the spoil disposal locations. The information would be necessary prior to a
review by the Groundwater Section.
Should you have any questions concerning this matter, please advise.
APH:CW:MFW:kc

cc: Wilmington Regional Office
Central Files
DCM - Bob Stroud
OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name Makai Harbor Development-Corporation (Paul Susie, Jr., Agent)
2. Location of project site Washington Acres Subdivision - man-made channel off AIWW
New Photo 18-237--Grids K-0; 18-22.
3. Investigation type: Dredge & Fill X CAMA X
4. Investigative procedure: (A) Dates of site visit 1/15/86
(B) Was applicant present No
certified ._complete__..- - - ------ - --
_ 5. Processing -p.roc-educe:---App-l ration--received---j /j jR? Off ce CM-Wilmingr_on
6. Site description: (A) Local Land Use Plan Pender County
Land classification from LUP Community
Development constraints identified in LUP None for projects of
this nature.
(B) AEC(s) involved: Ocean Hazard Estuarine shoreline X
Coastal wetlands X Public trust waters X
Estuarine waters X Other
(C) Water dependent: Yes No Other. Both
(D) Intended use: Public Private X Commercial X
(E) Type of waste water treatment: Existing Septic tanks for surround SFR development.
Planned Package plant and land application.
(E) Type of structures: Existing. Single family residences in vicinity.
Planned Multi-story; multi-family dwelling units--boat docks and slips; recreational
?reas-w?steaterf treatment fac ties.
(G) Estimate annua ra e o erosion Source
7. Habitat description:
(A) Vegetated wetlands:
Spartina alterniflora
All other wetland species
AREA
Dredged Filled Other
appx. 10,700 s.f. (.2 ac)
appx. 97,920 s.f. (2.2 ac)
(B) Non-vegetated wetlands:
Open Water (Canal) appx. 90,000 s.f. (2.1 ac)
(C) Other:
Highground Developed appx 25.3 ac
(D) Total area disturbed:
8. Project summary The applicants propose to enlarge an existing man-made creek and also to
excavate flooded and irregularly flooded coastal wetlands in order to create marina
facilities including slip and docks. The development will also provide high-rise and
low-rise multi-family dwelling units.
Makai Harbor Development Corporation
Page 2
9. PROJECT DESCRIPTION:
The tract of land is divided into two parcels separated by the existing man-made
canal. The parcel to the east of the canal and adjacent to the AIWW is irregular_
n -shape _and is_--comp-rise.d-o-f---app-r-oxima-rely---10 acres-of--highground some of which
resulted from the deportion of dredge spoil material sometime in the past. The
other parcel is approximately 17.5 acres in size. Two areas of "404" wetlands exist
within this larger parcel, the larger of which is approximately 400' x 240' and the
other is approximately 180' x 60'. There is smooth cordgrass marsh (Spartina
alterniflora) located along the shoreline and landward of the shoreline at the
northeast corner of the property. It also occurs along both sides and at the end of
the man-made canal within the project area. Three district colonies at the norteast
corner comprise approximately 5,700 s.f. total. The colonies growing along the bank
of the canal add another approximate 5,000 s.f. to the total of this species.
Various amounts of other species are scattered throughout the "404" areas. The area
has the distinct appearance of having been disturbed several times in the past
including such things as elevation alteration and burning and mooring. The size of
the area (approximately 2.2 acres) makes it extremely difficult to assess the
quantity of each individual species. Closest to the canal are found typical
species including Spike Grass (Distichlis spicata), Sea Lavender (Linonium spp.),
salt wort (Salicornia spp.), common reed (Phragmites spp.), and black needlerush
(Juncus romerianus). Woody species are represented by high tide bush, Baccharis
sue., Sea ox-eye Borrichia spy. Also present are Red bay, black willow, giant
foxtail, myrtle, golden rod, Andropogon spp. and Cat-tail. Most of the lower area
contains fiddler crab burrows. To the south of Washington Acres Road in the area
identified as the plunge pool there is a small "404" wetland approximately 30'
south of the road. This area includes spike grass, saltwort and ox-eye. The high-
ground east of the canal is sandy with shell fragments, typical of most spoil areas.
On the west side a hardwood ridge runs along the south and westerly side of the
larger "404" area. The area shown on the plans as the spoil storage area on the
southwest corner contains a grove of live oaks along the eastern most edge.
The applicants are proposing to develop both parcels of land within the tract by
providing a marina complex as well as dwelling units. The marina will be created
by excavation into the two "404" areas and also by the enlargement of the existing
canal. The largest of the first two basins will be approximately 400' long x 160'
wide x -7' MLW. The other basin will be approximately 180' long by 100' wide by
-7' MLW. The upper end of the canal for a length of 320' will be widened to 120'
and dug to a depth of -7' MLW. The remaining 90' will apparently be sloped and
rip-rapped. Pipes will be installed at the upper end under Washington Acres Road
to connect withthe proposed 110' x 90' plunge pool to allow for better circulation
at spring high tide periods. The applicants are proposing to create a wetland
border landward of the large basin area as shown in the blueline (S.1) and on the
sheet labled Section - 4. This will involve the excavation of the overburden of
this area to a minimum 24" peat layer and then the addition of 2"-3" of dredge spoil.
The border will be approximately 33' wide waterward of the mean high water (NMI)
contour. An additional 12' landward of MHW will be created for the spring tide
range. The length of this border is approximately 960. Cordgrass sprigs will be
used to revegetate this area.
Makai Harbor Development Corporation
Page 3
The access canal including the original man-made canal will be excavated for a
length of 900' x 100' width x -7' MLW.
Approximately 100 slips will be provided by the three basin___areas.-___.. -
The applicants will develop the highground by building 11 structures. Of these, 10
will be a two-story and one will be twelve-stories. A total of 116 developed units
will be provided. The applicants indicate that 42,330 s.f. of impervious surface
are included within 75' of the MHW contour. The total area within this AEC is
141,325 s.f. or an impervious coverage of 30%.
Approximately 38,800 cubic yards of material will be removed by both hydraulic
dredge and dragline. The material will either be pumped to the disposal site
or used to fill on property if draglined. A small amount will be used in marsh
re-vegetation area.
The adjacent waters are classified as SA open and secondary nursery.
10. ANTICIPATED IMPACTS:
The project will cause to.be consumed approximately 10,700 s.f. of Spartina
alterniflora in the marine complex. An additional 2.2 acres of very mixed "404"
wetland species will also be consumed in the excavation of the marina. The appli-
cants are providing for the resprigging of an area approximately 43,200 s.f. with
Spartina alterniflora. Of this total approximately 31,680 s.f. will fall waterward
of the MHW contour. Slightly less than one acre of this species would be provided
if the project was 100% successful. At the present time it appears that the larger
of the "404" areas is providing water quality protection from those large areas west
of the project site. It appears to be unlikely that the proposed cordgrass border
would replace the existing functioning wetland.
SUBMITTED BY: C. Robert Stroud, Jr. OFFICE: DCM Wilmin ton DATE: January 31, 1986

APPL KAT ION
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FORE"""W&FRMENT
ICE
Department of Administration Statr of North Carolina Departj!tent of the Army
(GS 14612) Department of Natural Resources and Community Development corps of [ngriee!V.VffnrirV&*n Distric•
(GS 113229, 143-2153(a)(1), 143.215.3(c), II3A•118 (3?ff R 09.??q
Please type or print and fill in all blanks. If information a not applicable. so_indiate by placing N/A?in blank.
I J?
--- ----- -------
I. Applicant Information
A. Name Makai Harbor Development Corp
Last First Middle
B. Address 222 Causeway Drive, P.O. Box 260
Street, P. O. Box or Route
Wrightsville, Beach, NC 28480 [phone]
City or 1 own State Zip Code Phone
11. Location of Proposed Project:
A. Count.' Pender
B. 1. City, tow•n,communily or landmark Topsail Township adjacent to Washington Acres Subdivison
2. Is proposed work within city limits? Yes No XX
C. Creek, river, sound or bay upon which project is lot:atcd or nearest named body of water to project
-Interrnastal Waterway
111. Description of Project
A. 1. Maintenance of existing project 2. New work X
B. Purpose of excavation or fill
1. Access channel XX lent' th 900' width 1 fin' depth --7'
2. Boat basin XX length 360 width _ 160 depth -7
3. fill area .?(X length width _ en depth-24
gam-- -?- inshes--(erganis)
4. Other Icng)h width d
C. 1 Bulkhead length 724
2. Type of bulkhead construc11-11 (matcrralt 1'r•6_T..??te,t S, P. T-imb-ep&
D. Excavated miterraf (tidal for pr.gct t)
1. Cubic yard. 38 . R00 1 ypc of mater tai Sand r c i 1 t
E. f ill material to he placed I,,+lA Nil IA' (,cc ahu V1. A) Only organic matter at
1. Cubit yard. 3 rAAA Type of material replanted-S,?--Al terpaflera
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area iti he excavalcd include any marshland, swamps or other Wetland' Yes XX No
B Doc% the dt%pit%.tl arcs mcfudc in% marshland, Swamps or other wetland' Yes No Y_
C. Disposal Area
1. Location See graw;*Aq
2. Do you claim title it) disi-i"! dreg' es
D. 1 ill material aiwtc it fill i% to be itut led in marl road bed and bui 1 di nq foundat ion onl y
E HuM Mill cliti%ated n-..ilcllal he cnli.ippcd and ciusiiin tvntroflcd'
dikes with box weir and settlement basin
f 1 tpc lit cuuipni(,ni li. ht• u,,,l_hydraul is dredge, dragl ine
G Will miitihland he ci,imcd in iijnsr.i(lint ct4mr+riicnl it) project silo It yes, explain small amounts of
ltv
commences.
epth
Average distance waterward of MHW jshoreiine) Behind MHW: x i c t i n9 at NFW
Di F •8 I
o_.. -"..

V. Munde4 Un of Project Arta (Describe)
A. 1. Priwte
2 Commercial
I Horning Development or industrial with Criffirrilinitg Marina
4. Other
OrAlcr QF
B. 1. Lot site(s)-_l/A Lilt ,
.,,cutr4tort Rc6iQNe e ,ENT -
2 Ekvation of lot(s) above mean hi h water MNW
high water MHW at-25'
3. Soil type and texture sand
_ 4... _Ty_pe otbuTiding-facilities o?-structures-144- - -rame attaChi?a dwQl l 1 na Units masonry and steel large building
5. Sewage disposal and/or waste water treatment A. Existing Planned
9. Describe Package plant and land-application
6. Land Classification (circle one) DEVELOPED TRANSITIONAL COMMUNITY' RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality: Organic matter at planted marsh grass only
A. Does the proposed project involve the placement of fill materials below mean high water? YesXX-No
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes_ No XX
2. Type of discharge N/A
3. Location of discharge -NIA
VII. Present rate of shoreline erosion (if known): NA (Nnno Ohcprvpd )
Vill. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: N fA r: -___
36 Months
IX. Length of time required to complete project: ,;
t. M`p.sb
X. In addition to the completed application form, the following items must be provided: .. •,:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant ! 1986
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy o: the deed or other instrument under which the owner claims title plus Lvriiten ... . , ,.,_.. _lsr
L ) i.CIC[_
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 9% X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served November 5; 1985
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
R.E. Hughes Route 2, Box 1 W Hampstead, N.C. 28443
John S.L. and Shelia M. Brown 5704 Red Coat Run Stone Mountain, Ga. 30087
James B. & Virginia Hauser 4119 Rockingham Street, Raleigh, N.C. 27609
1.13. Thomas,
Route 1, 15ox 63 • , N.C. 2 8147747 3
X1. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North CarolinaIs approved coastal management program and will be cr nducted in a
manner consistent with such program.
XI1. Any permit issued pursuant to this application will allow only the development described in this appli
cation and plat Applicants should therefore dcscribe in the application and plat all anticipated devei•
opment acti%ilfes, including construction, excavation, filling, and land clearing.
Makai Harbor Development Corp
DATE November 5, 1985 By'
C? n Applica is Signature
D&F.82 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
Rea. 111172
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' DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments concerning an application for St to Federal CAMA Permit(s) from a k a1
3d".
I 'J
d ?T?..' v?t,k.ftic Jn fz u-l.,n Vv\ 0,AA.---e.. Yti 0 b C,
Ate ' a
C' 0L.CAZ " ?Al :5 e'j
A. PERMIT : z 1?1n G't va C?1 a)t fi? ?t? 1 v?,rI E?,? v
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
This office has no objection to the issuance of the permit(s) for the proposed
project with the following conditions:
That the activity be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-
related discharge (increases of 25 NTU's or less are not considered
significant).
That the instream turbidity not be increased by more than 50 NTU's as a
result of the proposed activity after.a reasonable opportunity for dilu-
tion and mixture.
That turbidity levels in shall not be increased
by more than 10 NTU's as a result of the proposed activity after a reason-
able opportunity for dilution and mixture.
B. CERTIFICATION STATUS:
Certification is not required
for this project.
Certification is required for
this. project. Such action to
process the certification has
been initiated. Proposed
Certification will be acted on
or after Al?rl` f•
The proposed project is certified.
under General.Certification
A) No. 1179 issued on January 25, D) No. 1431 issued on October 16,
1977, for sewer line construction 1980, for boat ramp construction.
B) No. 1272 issued on November 10, E) No. 1664 issued on September 8,
1978, for bulkhead construction. 1983, for Rip-Rap Placement.
C) No. 1273 issued on November 10, F) No. 1665 issued on September 19,
1978, for discharges of liquid 1983, for incidental bridge
effluent from diked upland disposa 'construction.
areas. -?y
?
WATER QUALITY SECTIO,
DIVISION OF ENVIRONMENTAT ANAGEMENT
t -DIVISION' OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments concerning an application for $t to Federal CAMA Permit(s) from,
s
{'.'-YL11.i. ;,a (',n(.{1'l t'•; A}-wt,.?J ?`".
F
A. PERMIT : y{?? C?%i ?? ? v ?? ?? ?'
This office cannot comment on this project until after the close of the Section
401.Certification.Public Comments Period.
This office has no objection to the issuance of the permit(s). for the.proposed
project with the following' conditions::
That the activity be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction
related discharge -(increases of 25 NTU's.or less are not considered
si nificant) .
.s ? n `' F ix
.,;Tt-;t mane than 50 NTU's as a
result of"the p°opoeed aet 1i. dl
tion.-and.thikture. "` uk

turbidity. `levei " _ ' hall, not be increased
by more t anO-I?T-U!'_t a result 'of the. proposed lac "reason ,
able opportunity for dilution ana'i t.-_.
_ t
B. CERTIFICATION :STATUS:
Certification. is not required`
for this project.
Certification is required for
this project.-, Such action to
process the certification has
been initiated. Proposed,
?s .
Certification will be acted on
or after
r°C t $.
The -proposed project is certified,
under General.Certification
A) No 1179 issued on January 25, D) 'No. 1431 issued on October 16,
1977, for sewer line construction 1980, for boat ramp construction.
B) No. 12.72 issued on November 109 E) No. 1664 issued on September 8,
1978, for bulkhead' construction. 1983, for Rip-Rap Placement..
C) No. 1273 issued on November. 10, F). No. 1665 issued on September 15,
1978, for discharges.of liquid 1983, for incidental bridge
effluent from diked upland dispbsa, construction.
areas: '

WATER QUALITY SECTIOW-
DIVIS
Now ION OF ENVIRONMENTAT- ANAGEMENT'
aw.
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor Field Services Section David _W (-w-ens-_- __
-- -------- --
-.-.. _S.-T- omas-Rhodes,-Secretary-- --- -----------7223 Wrightsville Avenue Director
Wilmington, NC 28403
[phone]
February 10, 1986
Pender Post
Corbelt Building
P.O. Box 955
Burgaw, NC 28425
Dear Sir or Madame:
Please place the following legal notice in the classified section of your
newspaper and send the bill and affidavit to Christie Flynn, Division of
Coastal Management, P.O. Box 27687, Raleigh NC 27611.
Sincerely,
C 606&
C. Robert Stroud, Jr.
Field Consultant
CRS/sbm
Attachment
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
(0,
NOTICE OF FILING OF
APPLICATION FOR LAMA MAJOR DEVELOPMENT
PERMIT AND WATER QUALITY CERTIFICATION
Pursuant to NCGS 113A-119(b) and-143-215 3(a)(1)(c), the Department of
Natural Resources and Ommunity Development hereby gives Public Notice
that Makai Harbor Development Corporation (Paul Susie, Jr., Agent)
on January 13, 1986 for a permit from the

Divison of Coastal Management to develop in an Area of Environmental
Concern and for Certification fran the Division of Environmental
Management that a discharge of fill material in project wetlands will
not violate applicable Water Quality Standards.
According to said application, Makai Harbor Dev. Corp.
Proposes to
enlarge an existing man-made creek and also to excavate flooded and
irregularly flooded coastal wetlands in order to create marina facilities
including slip and docks. The development will also provide high-rise
and low-rise multi-family dwelling units. Project is located in
the Washington Acres Subdivision - man-made channel off AIWW in
Pender County.
A copy of the entire application and additional information may be
examined (or copies furnished, upon payment of reproduction costs) during
normal business hours at the Division of Coastal Management and/or the
Division of Environmental Management, Regional Office, 7225 Wrightsville
Avenue, Wilmington, North Carolina 28403.
The Division of Environmental Management proposes to take final action on
this water quality Certification on or after March 17, 1986 The

issuance of the CAMA Major Development and the Section 401 Certification
may deviate from this projected date depending upon the nature of the
comments sulaitted and subsequent hearings that may result.
All persons desiring to male comnents should do so in writing to Mr. David
W. Owens, Director, Division of Coastal Management, P.O. Box 27687, Raleigh,
North Carolina 27611 prior to March 7, 1986 for consideration under
--_---------- tYe-CAMA_Permit-DeGis-ion-arid to-Mr CCecil--?-Madden-,,-Division of-&WJ!&nuental
Management, P.O. Bmc 27687, Raleigh, North Carolina 27611 (Telephone:
[phone]) prior to March 7, 1986 for consideration under
the Water Quality Oertificat;on decision.

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t5-?Po
209 Washington Acres Road
Hampstead, North Carolina
February 27, 1986
Dear Sir:
We would like to state our objections concerning the CAKA permit
and Water Quality Certification application filed by Makai
Harbor Development Corporation.
A project of this type would contribute greatly to the destruction
of our waters and shellfishing. An area this small and so far
from the ocean cannot safely accomodate the traffic 100 boat
slips-would create. The quality of the water would be damaged
from gasoline spills and oil leakage from the boats. The-sewage
that would illegally be dumped from the boats (and this does
hanpen) would cause a serious pollution problem.
Although the planned sewage plant is more than 75 feet from the
water, it is close enough that any type of problem or malfunction
could cause damage to the marshes in front of it and to the
water quality.
Many types of wildlife would be affected by removal of trees and
clearing of the area. Birds such as pelicans, herons, and
osprey that we have personally seen would disappear. Squirrels,
deer, raccoons, and even a beaLr cub we have seen would be gone.
We feel this project would have a very adverse effect on the
lifestyle of the community: increase traffic on-small rural
roads, apartment buildings constructed among single family
dwellings, underground drinking water affected by a sewage plant,
and the inability of a small community fire department to pro-
tect such a large complex are just a few of the problems that
could arise.
The area for this project is classified as CONSERVATION in the
Pender County Land Use Plan, and should be continued as such
because of the fragile environment of the area.
We would appreciate your consideration of our reasons for being
against this project and for not wanting it to be constructed
as planned.
,. g
Your truly,
William W. Russell
Vicki B. Russell
NORTH CAROLINA COASTAL FEDERATION
Route 5, Box 603 (Ocean) • NEWPORT, NORTH CAROLINA 28570.919-393-8185
March 6, 1986
Mr. Paul Wilms, Director MAR ?
Division of Environmental Management
P.O. Box 27687
Raleigh NC 27611 0
Dear Paul:
NCCF requests a public hearing on the 401 Certification for the
proposed Makai Harbor marina and condominium development pursuant
to 15 NCAC 2H.0503. There is substantial public interest in
having a hearing and overwhelming evidence that the 401
Certification for this project should be denied.
Enclosed you will find a copy of a letter we have submitted to
Dave Owens which lists our objections to the project.
Sincerely, A
_ «r a
Todd Miller
Executive Director
Enclosure
cc: Dave Owens
Bob Benton
Red Munden
WATLk QUALITY
SECTION

•d

1'
NORTH CAROLINA COASTAL FEDERATION
Route 5, Box 803 (Ocean) • NEWPORT, NORTH CAROLINA 28570.919-393-8185
March 6, 1986
Dave Owens, Director
Division of Coastal Management
P.O. Box 27687
Raleigh, NC 27611
Dear Dave:
NCCF has reviewed the proposed plans for a marina and
condominium project submitted by Makai Harbor Development
Corporation. The permit for this project must be denied on
the following grounds:
1. The marina will violate SA Water Quality
Standards including-the antidegradation
policy.
2. Stormwater runoff from the condominium
will violate the SA fecal coliform
standard.
3. Pender County has no mechanism to assure
that proposed stormwater management
devices will be properly operated and
maintained as required by DEM's BPJ's.
NCCF requests to be notified immediately about any new
action taken in regard to this permit request. Any new
action should include modification of the permit
application, mitigation requests, or extensions of time-
provided to review the application as well as a decision to
issue or deny the permit.
Sincerely,
_'1 ?
Todd Miller
Executive Director
DIVISION OF ENVIRONMENTAL MANAGEMENT
,r Office of Director
/Attached is referred to:
- Please prepare a final - / draft ` reply by
for signature by the:
Governor _ Deputy Secretary - Director -
Secretary - Asst. Secretary _ Deputy Director
- In your response, please note correspondence was
referred by:
- Indicate carbon copies to
_ In taking action, coordinate efforts with
_ Please review attached and give me your comments by
- Coordinate your review and comment with
_j,,1fo'utine/Please handle
- Please note and advise me as appropriate
Please note and file
Please see me on this
- For your information MAR i ,
Remarks: WATER QUALITY
Y
SECTION
) ? cam. n
Log Number 17 /
Note: In preparing response, please return background
information with response, sufficient number of
carbon copies and properly addressed envelopes
for maiZing.

PenderWatch & Conservancy
349 Dogwood Lane
Hampstead, North Carolina 28443
March 6, 1986
Mr. Paul Wilms, Director
Division of Environmental Management
P.O. Box 27687
Raleigh, NC 27611
Dear Mr. Wilms: WATER QUALITY
MAR 1 1 1986
SECTION
Pursuant to 15 NCAC 2H.0503, the citizens listed on the following
petition request a public hearing on the marina and condominium
development in Washington Acres proposed by Makai Harbor
Development Corporation. We are prepared to present evidence at
the hearing to show that the marina and condominium development
will violate SA Water Quality Standards and close shellfishing
waters.
Attached is our letter to Mr. David W. Owens, NC Division of
Coastal Management, that outlines many of our objections to this
project.
We appreciate your help on this matter.
Sincerely,

Howard Winkemeier
President
I c6a?ccx_c ? A"'t
Patricia S. Howe
Vice-President
Enclosures

C
PenderWatch & Conservancy
349 Dogwood Lane
Hampstead, North Carolina 28443
March 6, 1986
Mr. Dave Owens, Director
Division of Coastal Management
P.O. Box 27687
Raleigh, North Carolina 27611
Re: Proposed Makai Harbor Development in Washington Acres
• Hamstead, North Carolina
Dear Mr. Owens:
PenderWatch and Conservancey is a rapidly growing, well
supported, and very active organization of over 50 pesons who intend
to do everything possible to achieve a rational, planned approach to
growth which preserves the unique and invaluable coastal natural
resources of Pender County.
PenderWatch and Conservancy opposes the proposed Makai Harbour
Development. Some of the many aspects of the proposed project which
are inconsistent with the CAMA regulations are described below.
Water Quality: Marina
The basic guidelines for locating and designing marinas are
described in in the EPA Coastal Marina Assessment Handbook. The
Handbook states that marinas should be located: (1) away from
shellfish beds, (2) in well flushed areas rather than in dead-end
creeks and canals, (3) in deep waters that do not require extensive
dredging, and (4) at sites that do not require destruction of salt
marsh and wetlands. The proposed Makai Harbor marina would be locaPrIl
in an area that: (1) is classified SA for shellfishing and iS a0_+iVc,1,7
used for shellfishing, (2) is on a dead-end canal, (3) requires
extensive dedging in shallow waters, and (4) would destroy over three
acres of salt marsh and wetlands.

Thus, this site'is unsuitable for a marina. The proposed marina
would be expected to contravene regulation 15 NCAC 7H .0602 which
requires that no development be allowed which would have a substanial
liklihood of causing waters to be closed to shellfishing. Further,
the project would be*inconsistent with regulation 15 NCAC 7H
.0208(a)(2)(C) which places the burden of proof on the applicant for a
marina in estuarine waters to provide assurance that the project will
not violate water quality standards.

Water Quality: Stormwater
It is well known now that stormwater runoff can violate water
quality standards, particularly for shellfish waters. The applicants
report that the impervious cover is less than 30 percent in the 75'
Estuarine Shoreline AEC. We believe that critical examination of the
plans would find the impervious cover in the AEC to be higher (perhaps
the applicant made the common error of including salt marsh as
pervious area). However, this point is academic since DEM's BPJ
guidelines are the controlling factor for stormwater. The proposed
project does not comply with the BPJ's which require either 10 percent
effective impervious cover or retention on-site of a 10-year, 24-hou'r
storm. In the absence of adequate stormwater controls, the project can
be expected to violate water quality standards and thus regulation 15
NCAC 7H .0601.
Dredging
The proposed dredging of salt marsh and wetlands for the project
would violate regulation 15 NCAC 7H .0208(b)(5)(B). The project has
not been approved for mitigation candidacy and a public hearing would
be required for approval of such candidacy.
Land-Use Plans
- The project may be found to be inconsistent with the Pender
County Land-Use Plan. In the Plan approved by the County, the land
classification map indicates the site is classified as "Conservation."
However, the text in the Plan indicates the site is classified as
"Community." (This apparent difference may be partially resolved by
the explanation of the Conservation classification which indicates
that the actual determination for individual sites must be done on a
case by case basis in some areas.) Further, the State apparently may
have approved a land classification map which classified the area as
Transition.
Action by the County Planning Board, including a public hearing
will be needed to resolve the proper land use classification for the
site and thus whether the proposed project conflicts with the land use
plan.
We believe the Conservation classification is appropriate for
this site. In accordance with the description for conservation areas
in the land use plan, the site contains wetlands, necessary wildlife

habitat, and undisturbed, fragile shorelines. Further, the large
percentage of the site located in the flood plain and in estuarine
shoreline AEC make the site appropriate for the Conservation
classification.
However, we also believe that the proposed project is not
appropriate if the site were classified as Community. The Community
classification is for areas that are not intended to be sewered.
However, the high density development proposed for the site should be
appropriately located in an area that is sewered or is expected to be
sewered. This is particularly important given the well known
unreliability of proper operation and maintenance of such on-site
systems and the close proximity to shellfish waters.
Approval of the proposed project would also set a precent that
would lead to approval of other similar projects, resulting in damage
to water quality and public resources and to an unwanted alteration in
the way of life for the citizens of the area.
Other Comments
The information submitted for review and comments contains
several inaccurate or controversial pieces of information:
1. The project description states that one 12 story high rise building
will be built. However, the maps of the project indicate two such
building will be built.
2. The application indicates that no runoff will enter the waters.
This is clearly incorrect as the project as a whole would have a
high impervious cover and the runoff will flow to the surface
waters.
3. The application and description state the site is classified
Community. However, as noted above, this may be incorrect. The
project cannot be adequately reviewed until this issue is resolved.
4. There does not appear to be adequate parking for the high rise
buildings. This problem would lead to further increases in
impervious cover.
Further Requests
Please notify us of any action with regard to this project.
Please let us know if this project is placed on hold and/or any
modifications are proposed. We the affected public should be given an
opportunity to review any modifications to the project. Such
modifications should not be decided by government agencies and the
developers behind closed doors. The appropriate course of action
would be to issue public notice (as well as contacting us directly) of
any modification of the project. Also, please notify us of any
requests for mitigation candidacy for this project.
We further request that any future notices for this or other
? r
nearby projects be placed in the Sounds of Pender East newspaper as
this is more widely read in this area.
Thank you for your careful consideration of these comments.
Sincerely,
Howard Winkemeier
President
?L?iZ(cxrL 311, 41V? '
Patricia S. Howe
Vice-President
cc: Bob Benton
Dan Besse
Thomas Harrelson
Charles Hollis
S. Henri Johnson
Alvin Midgette
Lynn Muchmore
Jack Ravan
S. Thomas Rhodes
Paul Wilms
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?i
r ?'
209 Washington Acres Road
Hampstead, North Carolina
February 27, 1986
Dear Sir:
We would like to state our objections concerning the CAMA permit
and Water Quality Certification application filed by Makai
Harbor Development Corporation.
A project of this type would contribute greatly to the destruction
of our waters and shellfishing. An area this small and so far
from the ocean cannot safely accomodate the traffic 100 boat
slips would create. The quality of the water would be damaged
from gasoline spills and oil leakage from the boats. The sewage
that would illegally be dumped from the boats (and this does
happen) would cause a serious pollution problem.
Although the planned sewage plant is more than 75 feet from the
water, it is close enough that any type of problem or malfunction
could cause damage to the marshes in front of it and to the
water quality.
Many types of wildlife would be affected by removal of trees and
clearing of the area.' Birds such as..pelicans, herons, and
osprey that we have personally seen would disappear. Squirrels,
deer, raccoons, and even a begr cub we have seen would be gone.
We feel this project would have a very adverse effect on the
lifestyle of the community: increase traffic on small rural
roads, apartment buildings constructed among single family
dwellings, underground drinking water affected by a sewage plant,
and the inability of a small community fire department to pro-
tect such a large complex are just a few of the problems that
could arise.
The area for this project is classified as CONSERVATION in the
Pender County Land Use Plan, and should be continued as such
because of the fragile environment of the area.
We would appreciate your consideration of our reasons for being
against this project and for not wanting it to be constructed
as planned.
Your truly,
William W. Russell
Vicki B. Russell
MAR 4 1986
N
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E.
ROBERT E. CASSATT
110 DRAKE ROAD
P.O. BOX 4084' '` g j r bh~
p c+.
HAMPSTEAD. NORTH CAROLINA 28443
A J
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March 6, 1986
t'
NORTH CAROLINA COASTAL FEDERATION
Route 5, Box 603 (Ocean) • NEWPORT, NORTH CAROLINA 28570.919-393-8185
Mr. Paul Wilms, Director
Division of Environmental Management
P.O. Box 27687
Raleigh, NC 27611
Dear Paul:
NCCF requests a public hearing on the 401 Certification for the
proposed Makai Harbor marina and condominium development pursuant
to 15 NCAC 2H.0503. There is substantial public interest in
having a hearing and overwhelming evidence that the 401
Certification for this project should be denied.
Enclosed you will find a copy of a letter we have submitted to
Dave Owens which lists our objections to the project.
Sincerely,
-; T;Y /LAI
Todd Miller
Executive Director
Enclosure
cc: Dave Owens
Bob Benton
Red Munden
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NORTH CAROLINA COASTAL FEDERATION
Route 5, Box 603 (Ocean) • NEWPORT, NORTH CAROLINA 28570.919-393-8185
March 6, 1986
Dave Owens, Director
Division of Coastal Management
P.O. Box 27687
Raleigh, NC 27611
Dear Dave:
NCCF has reviewed the proposed plans for a marina and
condominium project submitted by Makai Harbor Development
Corporation. The permit for this project must be denied on
the following grounds:
1. The marina will violate SA Water Quality
Standards including the antidegradation
policy.
2. Stormwater runoff from the condominium
will violate the SA fecal coliform
standard.
3. Pender County has no mechanism to assure
that proposed stormwater management
devices will be properly operated and
maintained as required by DEM's BPJ's.
NCCF requests to be notified immediately about any new
action taken in regard to this permit request. Any new
action should include modification of the permit
application, mitigation requests, or extensions of time
provided to review the application as well as a decision to
issue or deny the permit.
Sincerely,
-7,-? 1"ze-,-,-
Todd Miller
Executive Director

i
t
J Mr. & Mrs. "a-Ash
530 Highway 21OW
Hampstead, N.C. 28443
Cecil G. Madden
Division of Envi, ^,it Management
P.O. Box 27687
Raleigh, N.C. 27611
MAR 1198E ??
SUBJECT: MAKAI HARBOR DEVELOPMENT CORP REQUEST FOR
CONSTRUCTION PERMITS AT WASHINGTON ACRES, HAMPSTEAD
MARCH 6, 1986
Dear Mr. Madden,
Please hold a public hearing on this proposed 100-plus
condos and marina development.
We do not need a 100-plus slip marina to ruin shellfishing
in that area or a-12 story condo tower to create overall
visual pollution.
The land is quite low, much of it flooding on each high
tide and it is classified correctly as a conservation area
which means NO building.
Very Truly Yours,

4

MR. & MRS. MICHAEL LOIZIDES
345 DOGWOOD LANE
HAMPSTEAD, N.C. 28443
MR. CECIL G. MADDEN
ENVIROMENT MANAGEMENT
RALEIGH, N.C. 27611
SUBJECT: MAKAI HARBOR DEVELOPMENT CORP REQUEST FOR
CONSTRUCTION PERMITS AT WASHINGTON ACRES, HAMPSTEAD
MARCH 6, 1986
Dear Mr. Madden,
Please hold a public hearing on this proposed 100-plus
condos and marina development.
We do not need a 100-plus slip marina to ruin shellfishing
in that area or a 12 story condo tower to create overall
visual pollution.
The land is quite low, much of it flooding on each high
tide and it is classified correctly as a conservation area
which means NO building.
Very Tr ly Yours,
u
MAR ? ,? 1985 ``
!q'5?..I1
1j%4EE0TI NG
March 4, 1986
Mr. Cecil Madden
Division of Coastal Management
P.O. Bo.. 7687
Raleigh, NC 27611
Dear Mr, Madden:
P
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We are writing to urqe you to oppose a permit application that we feel
certain will degrade both the economic and aesthetic value of a segment of
prime North Carolina coastal wetlands. The Makai Harbour Development
Corporation has requested a permit to dredge for and install a 100-slip boat
basin, two-story and four-story townhouses, and a 12-story condominium on
land in or adjacent to Washington Acres on the Intracoastal Waterway at
Hampstead.
As the owners of property only several hundred yards from the proposed
development and as 14-year residents of North Carolina, we believe that state
government should discourage development, like the Makai proposal, that will
be destructive to wetlands. This project will have at least the followinq
detrimental effects:
* storm water run-off from paved surfaces will pollute the saltwater
marsh
* dredging for the boat slips would destroy some marsh areas
* sewage disposal from the proposed 116 residential units will endanger
the adjacent marsh
* pollution from the boat basin will also damage the marsh
The marsh area in question is a fragile conservation area; the water
classification is SA. It serves as a primary nursery area for fin fish,
shellfish, shrimp, and birds. It is an important natural resource for the
state's fishing industry, as well as an aesthetic resource for the tourist
industry and for Pender County residents.
A recent article by Jay D. Hair in the EPA Journal notes that about 56% of
the original wetland acreage of the continental U.S. has been lost, and this
loss is permanent; we continue to lose over 450,000 acres each year. Hair is
Executive Vice President of the National Wildlife Federation and former
faculty member at North Carolina State University. He also says, "Luckily
for us, government policies are beginning to change to favor retention of
wetlands." We hope this is true in North Carolina.
We hope you will agree with us that the Makai project in Hampstead is ill-
advised and should be stopped.
Sincerely,
Carol.n R. Miller, Carl F. Blackman
3413 Horton Street
Raleigh, NC 27607
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Henry R. Price
440 Creek View Drive
Hampstead, N.C. 28443
March 6, 1986
Mr. Cecil G. Madden
Division of Environmental Management
P.O. Box 27687
Raleigh, N.C. 27611
Dear Mr. Madden,
I am writing to voice my abjection to the pop6d
development at ' Wash ngton -Acres, Hampstead, N.G:' by the
r
P4a? ar off. DevelgpjA-p 1 Corporation. The plans for a
12 story condo dower "xa s-1Ot?= _. F
shellfishing in the area and-'would take away the natural
serene environment all property owners enjoy.' The land
is classified correctly as a conservation,"area. It is a
healthy salt water marsh, great for shellfishing, and
home to millions of tiny fin fish.
Please stop the above corporation from making; an
environmental disaster in Hampstead.
Sincerely,
Henry R.' Price
PE
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Marsh 4, 1986
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Mr. Cecil G. Madden'; w
Division of Environmental Management'<< ift
P. 0. Box 27687
Raleigh, N. C. 27611
Dear Mr. Madden:
Subject: Proposed Makai Harbor Development Corp.
Plans for Condos and Marina at Washington
Acres Subdivision in Hampstead on land
classified as Conservation.
Dear Mr. Madden:
We want you to know we strongly object to the proposed 116
residential units which include at least one 12 story condo as well
as a 100 plus boat slip marina. The reasons are as follows:
1. Most significantly this land is classified Conservation.
Furthmore.the proposed building area is located on
land that is quite low, much of which floods on each
high tide. Also some buildings appear to be located
on backfilled land where erosion could readily take
place with disastrous results.
2. Shell fishing of all types is still available within
this marshland and this is certainly not true to the
south of us. A 100 plus slip marina dredged from the
existing creek as well as the eleven buildings coupled
with the necessary paving will drastically alter the
marshland. This in turn will force closure of the
shellfishing and ruin the ecosystem that requires the
marshes for development.
3- Firefighting would be extremely hazardous as well as
inadequate because our local volunteer fire department
is equipped to handle no more than 2 story fires. Un-
fortunatrly the same is true of the other nearby Volun-
teer fire departments, thus any fire would devastate
the 12 story condos as well as the surrounding
buildings and woodlands.
4. Homeowners who purchased lots within the Washington
Acres subdivision did so with stringent deed restric-
tions. Although the land in question, owned by Raymond
Hughes has been withdrawn from the deed restrictions,
the Russells (bordering, owners) were given to understand
that single resident dwellings would still be the only
postibility rather than high density dwellings that will
obviously destroy the marshlands.
_2
Over 90/ of the people in Washington Acres are in opposition
to the Marina and proposed buildings and believe a public hearing
is in order.
Sincerely,
William A. & Kathryn M. McLeod III
-301
This letter has also been sent to: .'rtal.,C1.?{
Anthony Comentale, Chairman, Ponder Cty. Planning Board
David Redwine, N.C. State Rep., 14th District
Sen. Franklin Williams, N.C. 7th
Thomas Rhodes, Dept. of Natural Resources & Community Development
David Owens, Director Div. of Coastal Management
Henry Smith, Commissioner
146 Great Oak Drive
Hampstead, North Carolina 28443 O-e-I 71?e? avallt-l? IQ-z?''
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?k MAR 6 198C,
0ERMITS
March 4, 1986
Mr. Cecil G. Madden
Division of Environmental Management
P.O. Box 27687
Raleigh, N.C. 27611
Dear Mr. Madden:
I object to the proposed Makai Harbor Development
next to Washington Acres.
This development, on a planned conservation area
per the 1981 Land Use Plan, will endanger critical
shellfish, wildlife and natural resources.
The concept of two twelve story high rises plus
numerous condominiums and a 100 plus slip marina
will not only create visual pollution, but will
cause run-off problems and potential sewerage
pollution which will endanger the coastal
estuarine area.
I strongly urge you to disapprove thiV proposal.
Sincerely,
,? *'
Ruth M. Stache
101 Deer Cove Road
Hampstead N.C. 28443
h,
??:-? R ? 1.98E
MA
March 4, 1986
Mr. Cecil G. Madden
Division of Environmental Management
P.O. Box 27687
Raleigh, N.C. 27611
Dear Mr. Madden:
I object to the proposed Makai Harbor Development
next to Washington Acres.
This development, on a planned conservation area
per the 1981 Land Use Plan, will endanger critical
shellfish, wildlife and natural resources.
The concept of two twelve story high rises plus
numerous condominiums and a 100 plus slip marina
will not only create visual pollution, but will
cause run-off problems and potential sewerage
pollution which will endanger the coastal
estuarine area.
I strongly urge you to disapprove this proposal.
Sincerely,
Arthur P. Stache
101 Deer Cove Road
Hampstead, N.C. 28443

P.O. Box 488
Hampstead, NC 28443
March 4, 1986

Mr. Cecil Madden P?? Aff
Division of Coastal Management
'^"
P.O. Box 27687 rv
Raleigh, NC 27611

Dear Mr. Madden:
We are writing in regard to the application by Makai Harbour
Development Corporation for a permit to dredge for and install
a 100-slip marina, two-story and four-story townhouses, and a
12-story condominium on land in or adjacent to Washington Acres
on the Intracoastal Waterway at Hampstead, North Carolina.
About seven and a half years ago we purchased several acres
on the Intracoastal Waterway about 300 yards from the proposed
project. We now have a home under construction on this acreage.
We oppose the Makai Harbour high-rise, high-density develop-
ment for the following reasons:
1. The land under consideration is in a fragile conservation
area.___. The .-water, class-ific.ati-on. is .SA.. It should remain. a primary
nursery area for the conception and early life for fin fish,
shrimp, clams, and oysters. It is an important natural resource
for the fishing industry.
2. Storm run-off water from the hard surface would cause
further deterioration of the primary nursery.
3. Dredging for the boat slips would destroy some wetlands.
Pollution from that many boats would also be destructive to the
nursery area.
4. The sewage disposal from the 116 proposed units would
very likely cause contamination and/or destruction of the adjacent
marsh (with its marine and wildlife) because of the proximity of
the waste disposal plant to the salt water marsh.
5. The home owners and land owners bought in this conser-
vation area specifically for its natural environment and have been
very conscious of their responsibility to preserve it for future
generations.
Thank you for giving this matter your attention.
Sincerely, ??? ?Q
&W 0--?
W AVL L'V, Vg4t46
Paul F. Sand, Mary 0. Sand
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THE WASHINGTON ACRES HOMEOWNERS ASSOCIATION
172 Circle Drive
Hampstead, NC 28443
March 4, 1986 ,
Mr. Cecil G. Madden
Division of Environmental Management
P.O. Box 27687
Raleigh, NC 27611
Dear Mr. Madden,
The Washington Acres Homeowners Association would like to go on notice that
we do have objections to the Makai Harbor Development Corp. proposed marina and
condominium development in Washington Acres, Hampstead, NC. Because of the
complexity of the project we would like to reserve the right to comment.
Sincerely,
Estelle Batchelor, Corresponding Secretary
s
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MAR (3 ??R?
01

PenderWatch & Conservancy
633 Hughes Road
Hampstead,, N. C. 28443
March 3, 1986
.Mr. Cecil G. Madden
Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 271311
Dear Mr. Madden,
PenderWatch & Conservancy would like to go on notice that we do have
objections to the Makai Harbor Development Corp, proposed marina and
condominium development in Washington Acres, Hampstead, N. C. Because
of, the complexity of the project We would like to rese=rve right to comment.
Yours truly,
I "(
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Patricia S. Howe,' V-P
PenderWatch & Conservancy
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MAR 6
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MAR .J 1 98„ hs ...
PenderWatch & Conservancy P °` .
f.: Y
633 Hughes Road
Hampstead, N. C. 28443
March 5, 1986
Mr. Cecil G. Madden
Division of Environmental Management
P.O. Box 27687
Raleigh, N. C. 27611
Dear Mr. Madden,
PenderWatch & Conservancy has reserved the right to comment on the
proposed Makai Harbor Development in Washington Acres, Hampstead, N. C.
until after our March 6th meeting with Robert Stroud of the Division of
Coastal Management.
The enclosed petitions have been signed by over 9016 of the residents of
Washington Acres who are alarmed that the quality of their lives is seriously
threatened by the prospect of a 100 boat marina and 12 story condominium and
multi-family homes in a single family residential area.
Those of us who have enjoyed the fishing, oystering, crabbing and swimming
in the Mill Creek area and coastal waters find the prospect of a marina and
complex of this proportion alarming. We are particularly concerned with the
vulnerability of the marsh area adjacent to the sewage treatment plant to be
built in a known flood area. We do not want another Myrtle Beach, New
Jersey, Florida or even northern Topsail Island.
We ask that you act to protect the last bit of undeveloped shore line in
Pender County and assist us in our goal of a RATIONAL, PLANNED
approach to growth that is done with public knowledge and input instead of
the covert manner used in this proposal.
Yours truly,
PjF4,UU? , , WM
Patricia S. Howe, V-P
PenderWatch & Conservancy

Mr' i
ICh/?

Sounds of Pender East 3 Bulk Rate
P.0. Box 522 ' us. Postage
i `PAID
thin psstead, N.C. 28443 "Serving Topsail IAW4 Eostem Paler & Sord mast Onslow Cowman Hampstead, N.C.
No. .
270-24461 '' ty Carrier Route Pre-Sort
4 Postal Customer
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VOLUME 5, ISSUE 9 TOPSAIL & STUMP SOUND TOWNSHIPS THURSDAY, FEBRUARY 27,1986
Form new 'organization
Hampstead residents
fight highe, marina
The case of the curious
clas4 adon is unraveling in
Hampstead, Burgaw and
Wrightsville Beach, where
developers; officials and the
public are jousting_ over a
proposed high-rise, high-density
development.
The case came to light last week
when Hampstead's Pat Howe
read a legal advertisement. It said
that a multi-story, 116-unit
condominium and 100 -slip
marina project called Makai
Harbour was planned for a 25-
acre tract on the water in
Washington Acres.
She went to Wrightsville's regional
office of the Department of Natural
Resources & Community
Development (NRCD), where she
secured a copy of deyelopers'
application for a major development
permit under CAMA (Coastal Area
Management Act) regulations.
According to their request, the
CAMA land use plan classifies the
area as "community," paving the way,
for commercial and high-density
building. But Howe went to Burgaw
and checked CAMA maps in the
Pender County Planning
Department. She found that the
proposed area of development is
"conservation," the most protected
land category.
The distinction is vital, because no
development can take place in a
conservation zone without first
changing the category - and that
requires a public hearing. .
"My map and my eyesight tell me
that it's conservation," said Planning
Director Alvin Midgette.. He told the
Sounds that "nobody ever contacted
me personally" about the project,
then he phoned Paul Susie Jr., the
agent who submitted the. permit
request to LAMA.
Susie earlier told the Sounds that
the project had been discussed with
Midgette: "I understand it was his
feeling that.it was okay."
After the two men talked on
Tuesday, Midgette immediately
called to clarify their previous
meeting. He said it was a casual,
general conversation long ago with
people he didn't know:
"I remember two men coming in
here and talking about Washington
Acres. Raymond (Hughes) has been
talking about development down
there for years... People come in here
and talk about development all the
time - it goes in one ear and out the
other. How am I supposed to
remember something we talked
about over a year agri! There wasn't
even a name,fgr the project."
According to Midgette, developers
never asked for confirmation of the
land use status. They never wrote to
him, never inquired 'about the
verification procedure. He said he
heard nothing more about it "until I
read it in the paper" last week.
"If you're going to. do a
development of this magnitude, you.
have to go about it the right way,"
said the perturbed planning
director. .
Conservation Debated
Susie said the CAMA application
was prepared ' by a Raleigh
architectural firm. When told of the
conservation classification, he said it
was news to him.
.. "(Conservation) is not even for
single families. It's for the ducks and
the snakes and the fish and anything
else that moves there, not for
anything on two feet," Susie said.
Susie is a realtor with Century 21
Prime in Wrightsville Beach. A
conservation classification would
upset some landowners in the area,
he said: "Some people own lots there
and would be shocked that they're
sitting on a duck pond and can't do
anything with them."
Midgette's opinion . differed:
"Conservation does not mean that
you cant do anything, (building) is
not completely out." He explained
that single-family homes might be
permitted, so long as they do not
threaten the environment of the
conservation zone.
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ENDANGERED - The Washington Acres boat ramp and placid land where a new marina and 12-story condos are planned.
According to Susie, a number of
investors are involved in Makai
Harbour, most of them North
Carolinians. Washington Acres
developer Raymond Hughes lives on
and , owns most of the proposed
project site, but Susie said he is not a
principal. Hughes, he added, will sell
the property "only if all the permits
go through,"
.Public Opposition Voiced
Stopping those permits is the goal
of nearly 60 Hampstead area
residents who met at the library
'Monday night. They gathered
initially to organize "PenderWatch &
Conservancy," a group dedicated to
promote "orderly development ...en•
hance the quality of fife" and "protect
the natural environment" locally.
There had long been talk of
I
forming a nature conservancy here.
Some original activity last year had
volunteers manning a "turtle watch"
on Lee and Hutaff islands, and the
thought gained impetus recently with
a proposal to put an industrial plant
on Hoover Road. That project was
scrapped after dozens of residents
protested to county commissioners,
but many citizens stayed involved as
they recognized a need for local
zoning restrictions.
Ironically it was only I 1 days ago
that" 8'O'
residents turned out for a
public meeting to update the CAMA
land use plan. They didn't know then
what Howe said Monday, that "it
might be our saving grace" in
blocking Makai Harbour.
,Howe opposed the project on a
number of grounds. "Where are they
going to put the sewage from 116
units," she asked. "We have a
responsibility to look after the land
and the water ...and a responsibility
to our children to preserve it for
them."
Makai developers plan to have a
self-contained, package sewage
treatment plant on the site, but Howe
said it may be located too close to
estuarine waters.
*Others were critical of the
marina. Resident Wayne Wright,
who is a state official with the Army
Corps of Engineers, said regulators
are considering new regulations that
automatically would ban shelllishing
where marinas are built.
Currently the waters lapping at
Washington Acres are designated for
(Condnwd on back page)
}
'
m ?,..f r: r
lli

or em ge pe p p tt was appropna since gr p
said. "Its not mposible, but it's' should be directed to: David Owens, will be "issue oriented" and hold no One goal is already apparen and
going to be uphill." Division of Coastal Management, regular meetings. A unanimous voice' that is to push for Pender unty
Page 10 Sounds of Pender East, Thursday, February 27,19$6
m s ea ? -resi ent.s fi ght...
(Co from pagelJ deadline for p?c comment. It was Conservancy actually took place clarified the phrase, explaining that
open shellfish' suggested that a common letter could after the group discussed the Makai they, will be concerned with
"In order to ut a marina in that he signed by everyone, and petitions Harbour project. "government policies that affect the
site...it's going t be a difficult process could also be circulated. Howard "Wink" Winkemeier said environment, because we're not in
f th to a rmit," Wright (Comes ondence - ro or con - to the ou politics."
P.O. Box 27687, Raleigh, NC 27611;
or to Cecil Madden, Division of
Environmental Management, at the
same address.)
Organization Sets Goals
It didnlt take'long for the new
organization to find a cause. The first
official meeting of PenderWatch &
vote confirmed him as the first
president of PenderWatch, while
Howe and Marge Cassatt were
elected vice presidents. Ruth Stache
was chosen secretary.
Cassatt will handle environmental
'affairs and Howe will be in charge of
"environmental. advocacy." ..She
zoning. "We plan to beat every gingle
Planning Board meeting,"
Winkemeier said.
The group intends to,,meet again
next Monday evening, and Howe
said they would try to get a speaker to
deal with state sanitary or marina
regulations.

architects plans that show buildings r
constructed on top of dry spoils used •
as story, backfill. She noted that even the Beach iezonmga proved'4
l2-story, 65-unit steel tower would be
built on fill, to raise it to the required
level of the 100-year flood plain. pl ] d b k th ber of units b look at lans for North Shore IL,
*Andy Jones a retired attorney,
noted that deed restrictions may
pertain to somejor all of the targeted
area,. prohibiting commercial
development (the marina) and
condominiums, which may not meet
the 1,800-square-foot per unit size
requirement.
*Howe was also concerned about
The Onslow County amm?g
Board this. month recommended
unanimously that nearly 100 acres of
West Onslow Beach be rezoned for
high-rise development.
. A 74-acre tract on both sides of
Hwy. 210 was approved for
developer Marlow Bostic, who plans
to build 370 oceanfront
condominiums reaching eight stories
and 457 units on the sound side. The
proposal had been reviewed and
altered many times over the past
three' months, and the 'current plan
sca a ac a - by
more than 400.
The site is located between the
high-rise bridge and the old Paradise
Pier.
Planners also approved Sneads
Ferry's Charles Padgett's request to
rezone nearly 23 acres on both sides
of New River Inlet Road. Padgett
wants to erect a 13-story, oceanfront
hotel with restaurant, an adjacent
172-unit resort, and 75 residential
units on the sound.
Land planner Dennis Mercer
presented both projects to Planning
Board members.
p
Country Club, a 1,000-acre, golf and
residential complex proposed to
straddle Hwy. 210 on the mainland
side of the high-rise bridge.
Its principals include Hampstead
developer Butch Grubbs, Greenville
builder Bobby Dixon and oilman.
Roger Page' of Winton-Salem, who
is a partner in numerous projects
with Bostic.
Their plan include 400 single-
family lots, including 28 1.5-acre
estates, and 140 multi-family lots on a
total area of 535 acres.

x
ter.
FINAL SHOT'- Dixon's Britt Canady lets fly last week with a suc-
cessful baseline jump shot in the boys' final game. The Lady Bulldogs
continued in tournament play - see page 8 for the details.
?
• Youe eyes are In other business, they got a first
New FM radio station reported for •
Topsail Township
My Business! t It was reported last week that 3,000-watt broadcast power would others applied for it.
?
YOU ?
* Survey forms for revising the Topsail Township may have. an FM
i
i be insufficient to cover Wilmington
i He told the Morning Star that he
the fall
"
ed to "be on the air b
ho
• Pender County CAMA land use se locat
on
radio station, but its prec or reach Surf C
ty. y
p
,
DON T HAVE ? plan are available at the Hampstead was unclear. Jeffrey Southmayd, who operates but the FCC could take up to eight
?o??K? 27avCa -? TO WEAR *
? . Library,
Public input is being sought, and The station would be sited at leash
5.2 miles southwest of Topsail Beach, a station in Charleston, S.C., has
petitioned theFederal Communica- months before giving regulatory
clearance.
OPTICIAN
, BIFOtr` LC # the forms allow respondents to list according to the Wilmington tion Commission (FCC) to operate Southmayd said the type of
? ?
¦
1 270 3249
eoauxN • their environmental ahd planning
estionnaires must be
iorities
Q Moming Star, to avoid conflicting
h and New Bern
with some Ralei the Topsail station. The FCC would
have to assign a channel to the area programming is undecided. He
estimated it would cost up to
pr
.
u g ,
• AM VILLAGE
106 11AMPSTEAD
ST
completed by March 7.
FM signals. That would put the
and Southmayd would not
$200,000 to get the station and 300-
MANUFACTURE[) arRndsasW ? where it's
station near Scotts Hill necessarily be awarded the license if foot; antenna operating.
1 t;D'PER
SIP ,

oWashington Acres residents also
had questions about the existing boat
ramp they currently use - the Makai
site plan makes no mention of it.
Jones asked homeowners to search
their deeds to see if a ramp was
committed in. writing. If not, he
conceded, their convenient ramp
might become a victim of
development.
Howe urged the audience to write
regulators and politicians, noting
that CAMA has listed a March 7
WE ACCEPT
F000 STAMPS & WIC
QUANTITY RIGHTS RESERVED I.VES FOOD FAIR.
Prices effective Feb27.MMar. I&2 Hampstead North Carolina Open 7 Days, 8 A.M..-9 P.M.
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