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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers Post Office Box 1890
Wilmington, North Carolina 28402-1890-
Action ID No. 199400271 June 2, 1994
PUBLIC NOTICE
MS. PAXON HOLZ, EXECUTRIX, McLEAN ESTATE, 106 Manatee Street, Cape
Carteret, Swansboro, North Carolina, 28584, has applied for a Department of
the Army Permit TO PLACE FILL MATERIAL IN WETLANDS ADJACENT TO BOGUE SOUND TO
FACILITATE THE DEVELOPMENT OF A 7.8 ACRE TRACT FOR LIGHT INDUSTRIAL/COMMERCIAL
USE, Emerald Isle, Carteret County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the placement of fill material (sand) into 1.16 acres of
maritime forest wetlands to facilitate development of the property for
commercial use. All fill material will be obtained from existing high ground
on the property.
Project area wetlands are typical of the seasonally to permanently
flooded maritime swamp forests contained within the ridge and swale systems
found along Bogue Banks. Interdunal swales typically contain Duckston soils
(Typic Psammaquent) and are vegetated primarily with red maple (Acer rubrum),
ironwood (Carpinus caroliniana), loblolly pine (Pinus taeda), and rattan vine
(Berchemia scandens). The herbaceous layer may contain lizards tail (Saururus
cernuus), Carex sp. and various genus of ferns including Woodwardia and
Osmunda.
The 7.8 acre tract is bounded by Coast Guard Road, NC Highway 58 and an
existing residential subdivision and transformer bank. The property also
contains a dedicated, undeveloped Right-of-Way through the central portion.
The applicant does not propose to fill 0.25 acre of wetlands located on the
western side of the property adjacent to Bogue Sound.
The purpose of the proposed work is to provide a suitable location for
development of the property for light industrial and/or commercial use. Plans
showing the work are included with this public notice.
The applicant has determined that the proposed work is consistent with
the North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management (NCDCM) for
their review and concurrence. This proposal shall be reviewed for the
applicability of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of
the Clean Water Act by the North Carolina Division of Environmental Management
(NCDEM).
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management
(NCDCM).
C. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management
(NCDCM) or their delegates.

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d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration (NCDA) and the
North Carolina Council of State.
G. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources (NCDLR), pursuant
to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-
66).
The requested Department of the Army (DA) permit will be denied if any
required State or local authorization and/or certification is denied. No DA
permit will be issued until a State coordinated viewpoint is received and
reviewed by this agency. Recipients of this notice are encouraged to furnish
comments on factors of concern represented by the above agencies directly to
the respective agency, with a copy furnished to the Corps of Engineers.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this...application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
t

-3-
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies, 404(b) (1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army (DA) permit serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North.
Carolina Division of Environmental Management (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be'
furnished to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management (NCDEM) plans to
take final action in the issuance of the Clean Water Act certification on or
after June 20, 1994.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management (NCDEM), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before June 24, 1994 Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Scott McLendon, until 4:15 p.m.,
July 1, 1994, or telephone [phone].
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404 WETLANDS CERTIFICATION
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DATE: JUNE 25, 1994
JUL 14 lyy4
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SUBJECT: RESPONSE TO NCDEH&NR'S 06/15/94 LETTER CONCERNING DEM PROJECT ID
#94408 AND COE I.D. #199400271 AS TO AVOIDING AND MINIMIZING
IMPACTS FROM 1.16 ACRES OF FILL WITHIN 404 WETLANDS OF BLOCK 42
NORTH (7.8 Ac) OF THE McLEAN ESTATE. TRACT LOCATED ON THE NORTH
SIDE OF COAST GUARD ROAD, BEHIND LOOK REALTY, EMERALD ISLE BEACH,
CARTERET COUNTY, NORTH CAROLINA.
TO: MR. JOHN DORNEY MS. PAXON HOLZ, EXECUTOR
WETLANDS SECTION & McLEAN ESTATE
NCDEH&NR-DEM 106 MANATEE STREET
P.O. BOX 29535 CAPE CARTERET, SWANSBORO, NC 28584
RALEIGH, NC 27626-0535 [phone]
[phone]; 733-2496(Fx)
THIS IS IN RESPONSE TO THE NCDEH&NR-DEM'S 06/15/94 LETTER AND CONCERNS AS THEY
RELATE TO THE INDIVIDUAL 404 PERMIT APPLICATION (COE #199400271; DEM #94408)
FOR 1.16 ACRES OF FILL WITHIN ISOLATED WETLANDS OF THE 7.8 ACRE W.B. McLEAN
ESTATE BLOCK 42 NORTH. WE ORIGINALLY APPLIED FOR A NWP #26 IN THE FALL-1993,
BUT IT WAS DETERMINED AN INDIVIDUAL 404 PERMIT WOULD BE NECESSARY DUE TO THE
TYPE OF WETLANDS.
THE TRACT IS IMMEDIATELY ADJACENT TO N.C. HIGHWAY 58 WHICH IS THE ENTRANCE AND
MAIN THOROUGHFARE TO EMERALD ISLE BEACH. IT HAS BEEN ZONED BY THE TOWN OF
EMERALD ISLE FOR BUSINESS/COMMERCIAL USAGE. THE TRACT ALSO HAS A DEDICATED 60
Ft RIGHT-OF-WAY (Reed Drive, 1.0 Ac) THROUGH THE CENTRAL PORTION. THE SHAPE,
SIZE, AND TOPOGRAPHY OF THE TRACT LIMITS THE SUBDIVISION AND DEVELOPMENT
ALTERNATIVES FOR BUSINESS/COMMERCIAL USAGE WITH TYPICAL +15,000 SgFt LOT
MINIMUMS. THE TRACT HAS A TOTAL OF 7.8 ACRES, MINUS 0.3 Ac OF RESERVED
"ADJACENT UPLANDS /WETLANDS" AND MINUS 1".0 Ac REED DRIVE R/W, FOR A BALANCE OF
6.5 ACRES AVAILABLE FOR DEVELOPMENT.
PRIOR TO 1985, NONE OF THE 1.16 Ac REQUESTED FILL AREAS WOULD HAVE BEEN CLAS-
SIFIED AS JURISDICTIONAL WETLANDS OR SUBJECT TO PERMITTING RESTRICTIONS, SINCE
THESE 404 WETLANDS ARE CLASSIFIED AS "ISOLATED" OR "ABOVE HEADWATERS". THE
"ADJACENT" 404 WETLANDS WITHIN THIS TRACT (0.25 Ac) ARE BEING STRICTLY AVOID-
ED, AS POINTED OUT WITHIN THE PERMIT APPLICATION. THE TRACT HAS BEEN IN
FAMILY OWNERSHIP FOR +50 Yrs AND THEY DESIRE TO RETAIN IT'S GREATEST ECONOM-
IC/DEVELOPMENT POTENTIAL. THE SELLER MUST BE CAPABLE OF PRESENTING VIABLE
DEVELOPABLE LOTS TO POTENTIAL BUYERS AND FLEXIBLE ENOUGH TO MEET THEIR NEEDS.
WITHOUT THE REQUESTED FILL PERMITS THE BUYER: (1) LOSES A MINIMUM OF 4 LOTS;
AND/OR (2) IS UNABLE TO DETERMINE THE TRACT'S DEVELOPMENT POTENTIAL.
PAGE 2.
BLOCK 42 NORTH, 404 INDIVIDUAL PERMIT RESPONSE
THE "ISOLATED" & "ABOVE HEADWATERS" 404 WETLANDS TO BE FILLED ARE WET POCKETS
OR REMNANT SLOUGHS BETWEEN STEEP MARITIME SANDY RIDGES. THE MAIN CONCERNS
STATED BY NCDEH&NR ARE WATER STORAGE, AQUATIC LIFE, AND WILDLIFE HABITAT.
THE WETLAND POCKETS ARE SEASONALLY SATURATED AREAS BETWEEN HIGHLY PERMEABLE
SAND RIDGES. IF THESE WETLAND AREAS ARE FILLED, PREDOMINANT WATER MOVEMENT
WILL STILL OCCUR THROUGH THESE HIGHLY PERMEABLE SANDS TO BE STORED WITHIN
LOWER SATURATED SOIL ZONES. THE ONLY DIFFERENCE BEING THESE WATERS WILL NOT
BE EXPOSED. IF ANY PROPOSED DEVELOPMENT EXCEEDS THE MINIMUM IMPERVIOUS SUR-
FACE REQUIREMENTS, IT WILL BE REQUIRED TO BE IN FULL COMPLIANCE WITH ALL
NCDEH&NR STORMWATER REGULATIONS. THUS ALL RUN-OFF WATERS WILL BE CONTROLLED,
TREATED, AND STORED WITHIN INFILTRATION BASINS AND RETURNED TO NATURAL GROUND-
WATERS. THE FILLING OF THESE WETLANDS WILL NOT IMPACT WATER STORAGE CAPABILI-
TIES OF THIS TRACT.
AQUATIC LIFE AND WILDLIFE HABITAT LOSSES RESULTING FROM THE PROPOSED FILLING
OF THE WETLAND WOULD BE MINIMAL. OBVIOUS EVIDENCE OF AQUATIC LIFE AND WILD-
LIFE THAT WOULD BE DEPENDENT UPON THESE AREAS ARE NOT PRESENT. THESE WETLANDS
ARE SEASONALLY SATURATED AND INUNDATED WITH WIDE FLUCTUATIONS FROM 1-2 FEET
ABOVE GROUND SURFACE TO 1-2 FEET BELOW GROUND. THUS THESE WETLANDS ARE NOT
CONDUCIVE TO ANY PERMANENT FORMS OF AQUATIC LIFE OR WILDLIFE. IF NCDEH&NR HAS
RELEVANT DOCUMENTATION OR DATA TO VERIFY KNOWN AQUATIC LIFE OR WILDLIFE WITHIN
THESE WETLAND AREAS WE WOULD LIKE TO REVIEW THIS INFORMATION. IN ADDITION, WE
HAVE RECEIVED FAVORABLE OR NO COMMENT RESPONSES FROM NCCRC/LAMA, U.S. FISH &
WILDLIFE SERVICE, U.S. MARINE FISHERIES, AND N.C. CULTURAL RESOURCES REGARDING
THE FILLING OF THESE WETLANDS. LASTLY, THE PROJECT WILL PRESERVE THE 0.25
ACRES OF "ADJACENT" 404 WETLAND AREAS FOR WILDLIFE, AQUATIC, AND OTHER WETLAND
USES AND FUNCTIONS.
HOPEFULLY THIS NARRATIVE WILL ANSWER NCDEH&NR'S CONCERNS REGARDING THE 1.16
ACRE FILL REQUEST WITHIN THIS PROJECT. IF YOU HAVE FURTHER QUESTIONS PLEASE
CALL AS WE WOULD LIKE TO FINALIZE SUBDIVISION DEVELOPMENT PLANS FOR PRESENTA-
TION TO THE PLANNING & ZONING BOARD.
LARRY F. BALDWIN, CPSS/SC
cc Mr. J-i.m Gregson, NCO :H&NR--Wi l.minc -ton
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Ms. Paxon Holz
Executrix
McLean Estate
106 Manatee Street
Cape Carteret
Swansboro, N.C. 28584
Project # 94408
COE #199400271
Dear Ms. Holz:
June 15, 1994
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The Division of Environmental Management, Water Quality Section has reviewed your plans for
wetland fill for 1.16 acres of wetlands at Emerald Isle in Carteret County for commercial/light industrial land
use. Based on this review, we have identified significant uses which would be removed by this project. These
uses are water storage, aquatic life and wildlife habitat. Furthermore, insufficient evidence is present in our files
to conclude that your project must be built as planned in wetlands. Therefore, we are moving toward denial of
your 401 Certification. Until we receive additional information, we are requesting (by copy of this letter) that
the U.S. Army Corps of Engineers place your project on administrative hold. In addition, no stormwater
management plan was enclosed for this property.
Please provide us with information supporting your position that your project must be constructed as
planned and that you have no practicable alternative to fill of these wetlands. Specifically can you construct
your development without fill of the two largest swales? Any documentation such as maps and narrative which
you can supply to address upland alteratives may be helpful in our review of your 401 Certification. Please
respond within two weeks of the date of this letter by sending a copy of this information to me and one copy to
our Mr. Jim Gregson at the Wilmington Regional Office at 127 Cardinal Drive Extension, Wilmington, N.C.
27804-3845.
Sincerely,
Jon R. Dorney
W tlands and Technical Review Group
94408.1tr
cc: Wilmington DEM Regional Office
John Parker, Division of Coastal Management
Wilmington Office Corps of Engineers
Central Files
Larry Baldwin; Land Management Group
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director June 13, 1994
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Ms. Paxon Holz JUGS 5 ?UQ/?
106 Manatee St. m_
Cape Carteret i 1A1 ER tai
Swansboro, NC 28584
RE: DEM ID# 94408, Nationwide Permit Application for an
activity located in the Town of Emerald Isle, Carteret Co
Dear Ms. Holz:
The North Carolina Division of Coastal Management has reviewed the
above referenced application for a Nationwide Permit dated April
23, 1994 pursuant to Section 307 of the Coastal Zone Management Act
of 1972 as amended. Based upon our review, we have determined that
the proposed activity is consistent with the North Carolina Coastal
Management Program provided the following conditions are met:
1. The activity described in the above referenced application
qualifies to receive one of the Nationwide Permits described
in 33 CFR Part 330 with the exception of Numbers 17, 21, 24,
and 34 which were found inconsistent with the North Carolina
Coastal Management Program.
2. A 401 Water Quality Certification is received, where required,
from the North Carolina Division of Environmental Management.
3. The wetland fill area will not be used for the treatment or
disposal of wastewater.
This letter does not relieve you of the responsibility to insure
that all other State authorization and/or permit requirements are
met prior to implementation of the project. Please feel free to
contact me at [phone], Ext. 263, if you have any questions
or need further assistance.
Sincerely,
S.
Charles S. Jo s
csj District Manager
cc: Preston P. Pate, Jr.
Steve Benton, Consistency Coordinator
Wilmington District Engineer; ATTN: CESAW-CO-E
John Dorney, DEM/Raleigh
Larry Baldwin, Land Mgmt. Group
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

MEMC's:E ANDUM PI,INT.' NAME: i
Re v _ewer : _
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`Pr? ; John. Dor_ nee WQ supv.
DAT E:
Planning Branch
STT"PT'ECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
ITEM MU:: T BE ANSWEI:'EI) l\T/A l,'OR NOT APPLTCAPLE) x:t f
PERMIT YR: 94 PERMTT NO: 01,100408 t NTY: C;. 'i' 'l
A:PP,L I C ANT RAMTE: PAXON 1R)L Z
PROJECT TYPE: COMME?,RCIAL FELL PERMI`11 TYPE: T-ND
COE #f : 199200",71 DOT ?h
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SUBJECT: INDIVIDUAL 404 PERMIT REQUEST FOR 1.16 Acres
LATED 404 WETLANDS. LOCATED WITHIN BLOCK 42
BEACH AREA, NORTH OFF COAST GUARD ROAD, BEHIND
NY, WHITE OAK TOWNSHIP, EMERALD ISLE, CARTERET
TO WHOM IT MAY CONCERN:

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owa/ildny& a, .1W 2M03
OF FILL WITHIN ISO-
NORTH, EMERALD ISLE
LOOK REALTY COMPA-
COUNTY, N.C.
PLEASE FIND THE ENCLOSED INDIVIDUAL 404 PERMIT REQUEST FOR CORPS OF ENGINEERS,
NCDEH&NR, AND YOUR DEPARTMENTS' REVIEW. YOUR AGENCY'S REVIEW, COMMENTS,
AND/OR APPROVAL IS NEEDED AS PART OF THIS APPLICATION REQUEST FOR PROPOSED
FILL/EXCAVATION IMPROVEMENTS WITHIN 404 WETLAND AREAS.
IN THE FALL OF 1993 A NWP #26 PERMIT WAS APPLIED FOR (ID #199200271) AND
DENIED ONLY BECAUSE IT WAS THOUGHT MORE THAN MINIMAL ADVERSE IMPACTS WOULD
OCCUR. THUS, THIS INDIVIDUAL 404 PERMIT APPLICATION IS NECESSARY.
THIS INDIVIDUAL 404 FILL PERMIT REQUEST IS FOR 1.16 Acres OF FILL WITHIN ISO-
LATED 404 WETLANDS. THE TRACT IS PROPOSED TO BE DEVELOPED FOR LIGHT COMMER-
CIAL/BUSINESS USAGE FOR WHICH IT ALREADY ZONED. THE TRACT IS LOCATED ALONG
N.C. HWY 58 AND COAST GUARD ROAD AND ALREADY HAS A DEDICATED PUBLIC RIGHT-OF
WAY (Reed Drive) THROUGH IT. IT IS NOT POSSIBLE TO AVOID THE ISOLATED 404
WETLANDS WITH ANY REASONABLE DENSITY AND STILL ALLOW AREA FOR COMPLIANCE WITH
LOCAL PLANNING & ZONING REQUIREMENTS, PARKING, RIGHT-OF WAY ACCESS, AND WASTE
TREATMENT. THE TRACT HAS A TOTAL OF 1.41 Acres OF 404 WETLANDS, OF WHICH 1.16
Acres OF ISOLATED WETLANDS ARE PROPOSED TO BE FILLED, WITH THE BALANCE OF 404
WETLANDS (0.25 Acres) NEAR BOGUE SOUND TO BE LEFT UNDISTURBED.
DURING THE NWP #26 PERMIT APPLICATION PROCESS, WE RECEIVED FAVORABLE RESPONSES
FROM NCCRC/CAMA AS IT IS BEYOND CAMA'S 575 Ft AREA OF ENVIRONMENTAL CONCERN,
FROM U.S. FISH & WILDLIFE, AND N.C. CULTURAL RESOURCES. COPIES OF THESE
REPLIES ARE ENCLOSED. THE MAIN CONCERNS APPEAR TO BE FROM THE U.S. ARMY CORPS
AND NCDEH&NR WATER QUALITY REGARDING THE MARITIME FOREST CHARACTER OF THE
TRACT, WILDLIFE CONCERNS , AND GROUNDWATER RECHARGE. GROUNDWATER RECHARGE
WILL STILL OCCUR THROUGH THE HIGHLY PERMEABLE UPLAND SANDS AND ALL RUN-OFF
WATERS WILL BE CONTROLLED & TREATED WITH DETENTION/INFILTRATION BASINS IN
COMPLIANCE WITH N.C. STORMWATER REGULATIONS. WILDLIFE CONCERNS HAVE BEEN
ADDRESSED BY U.S. FISH & WILDLIFE AND THIS AREA IS WITHIN EMERALD ISLE CITY
LIMITS AND BIRD SANCTUARY. THERE ARE NO MARITIME FOREST PRESERVATION REGULA-
TIONS AND THOSE CONCERNS SEEM TO HAVE BEEN ADDRESSED BY N.C. CAMA.
YOUR IMMEDIATE ATTENTION TO THIS APPLICATION WILL BE APPRECIATED. IF THERE
ARE ANY QUESTIONS OR MORE INFORMATION IS NEEDED PLEASE CALL OR WRITE.
C?,, 5 ?- e ?? ?, / CA S- S/r
LARRY F. BALDWIN, CPSS/SC 2183
2 199,E
e?
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j Please type or print. Carefully describe all an-
ticipated development activities, including construc-
J tion, excavation, filling, paving, land clearing, and
/ stormwater control. If the requested information is
not relevant to your project, write NIA (not ap-
plicable). Items 1-4 and 8-9 must be completed for
all projects.
1'=APPLICANT --• ' .. .....;?;::;::_
a. Name ?vr??n/?`,;?, ?A??/yAGrou?
Address . Q 2-
City ' m )H ni State G
Zip 2 9 Sol- 62 Day pho e r 0 ? ?z_-oao/
Landowner or Authorized agent
b. Project name (if any) '11?/aCh- t,4- 2- N° _fA
M (.", / ..T a' A-
c. If the applicant is not the landowner, also give
th owner's name arW address.
/,04 ?qGhn
Cci e Cyr f?s^Pf Sw? :s aro ,/L/G
9393 -aa/9 Z83S?
LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road umbgr
b. City, town, coma unity, or tanamartc
/ ?s /?
C. County C • ?`?`'Qt
d. Is proposed work within city limits or planning
jurisdiction? V ,i 6_?" P'-" /,.*'
e. Name of body of water nparest project
,g6?GtC' S6Gq G7? -
--T
3 ''DESCRIPTION AND PLANNED,
_. USE OF PROPOSED PROJECT
d.
C.
..?- WATER e.rwis•;?'.?F,v{t
..r- CHARACTERISTICS
a. Size of entire tract 7, R ?? -
b. Size of individual lot(s) /?ot S?, ?!? j?n?
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum n - :?. 5- d. Soil type (s) and texture(s) Of tract f. /r , j
C6'6 /4 '7' r i/S //, L'/'a c, SG n i ? u ? ti'.s ?? ,
St H?J -rn
e. Vegetation on tract _?.---?
f. Man-made features nowron tract ??^N
g. What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by ocal government?
i. How are adjacent wate classified?
j. Has a professional archaeological survey been
carried out for the tract? /110
If so, by whom?
5 UPLAND DEVELOPME T,
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
structures proposed /3 /i, / t 2,1M •41 1P rC: a/
b. Number of lots or parcels /`3
C. Density (Give the number of residential units
and the units per acre.) 4 o c let/, f
11
ta. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier .
Ai/e -A Fa C Prl-Cin? rio?fC-
p eve/O
arc? i ra afed vl- 6Pvao ,S73?filEC
11114 If you plan to build a manna, also complete
and attach Form DCM-MP-Z.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or both?_
Size of area to be araded or disturbed %o fa)
e.s ?- ey , 3 X, / l n-f
If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
submi d to the Division of Land Resources?
men Aefea ???pl??;urN7?
Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops. /1/a d e v e /arl,r.? 7f-
j,, J11¢4 j,1 573' of A111 TL
OR W k "al al tells 1
d.
C.
c. Will the project be for community, private, or
commercial use? , f ICa, f.
?/' j VeT F C1+'+ PY ?' in
g. ''List the materials, such as marl, paver stone, b. Amount of material to be excavated fro
Al, A
asphalt, or co crete to be usecVor paved below water level in cubic yards
I TA P e 7? c. Type of material=
surfaces. ,
d. Does the area to be excavated include marsh-
h. If applicable, has a stormwater management land swamps, or other wetlands?
plan been submitted to the Division ofgn- e. High ground excavation, in cubic yard M.
vironlnental Management? k-7/A Bala s , f. Dimensions of spoil disposal area
i. Describe proposed sewage dis an or waste g. Location of spoil disposal area
water treatment facilities. u
s- s aCe h. Do you claim title to the disposal area? MIA
e
j. Have these facilities eceived state or local If not, attach a letter granting permission from
approval? ?, AA /, the owner.
uture
for f
k. Describe existing treatmen cilities. i. Will a disposal area be avOx
maintenance?
If so, where? A 1A
j. Does the disposal area include any m rshland,
1. Describe location and type of discharges to swampland; or water areas? Al waters of the state (for examplersurface runoff, k. Will the fill material be placed be ow mean
sanitary wastewater, industrial/commercial high water? /16
fro
effluent, or "wash down").* er l?csv 1. Amount of fill in cubic yards )S66 Ciz,
a i., i Ai eAl o M. Type of fill material rCT n
r e n. Source of fill material tea ???? '414of /,S,21
M. Water supply source 7a? H D f ?,w ?? / -rr/e o. Will fill material be placed on marsh or other
n. If the project is oceanfront development, wetlands? Ve_s ,` ? wl_ &AA-
describe the steps that will be taken to main- p. Dimensions of the etlan to be filled
tain established public beach ccessways or pro- q. How will excavated or fill material b kept on
ttq
vide new access. A/ 1,4 site and erosion ct lled? s 2- -F Pa -
X? "Fa Pv C op`i 77fsnt.- dt«t?r?
?re <77711f 41 1, tV a Pei
o. If the project is on the oceanfront, what will
be the elevation above mean sea level of the
first habitable floor? t
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
r. What type of construction equipment will be
used (for example, dragline, ba khoe, or
hydraulic dyed e).? /? ^ P y
SM a ?? van ee.,o+ " 777 cy,
s. Will wetlands be crossed ipp,, transporting equip-
ment to the project site? 1!L If yes, explain
the steps that will be taken to lessen en-
vironmental impacts.
Access channel
/V/h (MLW) or (NW`Q
1111A" Boat basin
Other (break.
A1114 water, pier,
boat ramp,
rock jetty)
Fill placed in
we fle Nds M? or below
_so l a'fed
? A1111 7 SHORELINE STABILIZATION
?Xc4vai7l?m Upland fill

a. Length of bulkhead or riprap
b. Average distance waterward of mean high water
or normal water level
c. Shoreline erosion during preceding 12 months,
in feet
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed
below mean high water
f. Type of fill material
2
Length Width Depth
`ADDITI?NA;:OItMATION
In addition to the completed application form, the
following items must be submitted:
A ropy of the deed (with state application only) or
t/ other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 % x 11 white paper. (Refer to Coastal
Resources Commission Rule 7j.0203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality copies will 'be accepted. Blue-line
prints or other larger plats are acceptable only if 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing that agency's use of larger drawings.) A site or
location map is a part of plat requirements and it
must be sufficiently detailed to guide agency per-
sonnel unfamiliar.with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that
may have been developed in- consultation with the
64_1 Division of Environmental Management.
-ow
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G. S. 113-229(d).
C 543 N?
M L
ame
64 Y sac
Address D E e vd .-, ve
Name_
Address
Name "
Address
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permit id issuing dates.
A check for $100 made payable to the. Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
77a}pplication.
A' 'A signed AEC hazard notice for projects in ocean-
front and inlet areas.
N/d/'A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tack a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PER11itIS
.IJtY
SION TO ENTER ON LAND -,..
Any permit issued in response to this application
will allow only the development descrilied in the
application. The project will be subject to condi
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with.
evaluating information related to this permit ap-
plication and follow-up monitoring of project.
This the2312-
19 day of r ,
? r---.? ?9PHffa«
Lando r (Cr Authorized agen
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
3
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Q, 25 AC)ra03 CERTIFIES TMAT THIS CCPT OF THIS FLAT ACCURATELY DEPICTS THE OWNDART W
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State of North Carolina
Department of Environment, XF VA
Health and Natural Resources A4*
Division of Environmental Management James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary D E 0 0 N R
A. Preston Howard, Jr., P.E., Director
December 8, 1993
Ms. Paxon M. Holtz,
Exec. McLean Estate.
106 Manatee StreeO."?
Cape Carteret, N.C. 28584
Project #93894
Carteret County

Dear Ms. Holtz:
The Division of Environmental Management, Water Quality
Section has reviewed your plans for wetland fill for 1.16 acres
of water and wetlands at Block 42 North in Carteret County for
residential and commercial development. Based on this review, we
have.identified significant uses which would be removed by this
project. These are water storage, aquatic life and wildlife
habitat. Furthermore, insufficient evidence is present in our
files to conclude that your project must be built as planned.
Therefore, we are moving toward.denial of your 401 Certification.
Please provide`us with information supporting your position
that your project must be constructed in wetlands. Specifically
can you construct your residential and commercial fill. A plan
showing lot locations is also required by.DEM to complete our
evaluation. Any documentation such as maps and narrative which
you can supply to address upland alternatives may be helpful in
our review of your 401 Certification. I understand that the U.S.
Army Corps of Engineers has determined that an individual permit
will be required for this fill. If you still pursue this fill,
the information outlined aboved will still be required.
If you have any questions, please call me at 919/733-1786.
Sincerel ,
R. Dorney
93894.wet
cc: Wilmington DEM Regional Office
John Parker, Coastal Management
Scott McLendon, Wilmington Office COE
Larry Baldwin; Land Management Group
Winston Smithwick, Jr.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
November 30, 1993
IN REPLY REFER TO
Regulatory Branch
ACTION ID: 199400271
Ms. Paxon M. Holz
106 Manatee Street
Cape Carteret
Swansboro, North Carolina 28584
Dear Ms. Holz:
Please reference your application received October 20, 1993, requesting
authorization pursuant to Nationwide Permit No. 26 to fill 1.16 acres of
maritime swamp forest on your property located between Coast Guard Road and NC
58, Emerald Isle, Carteret County, North Carolina. According to the
application, the purpose of the project is to provide access to the property
and to provide suitable areas for waste treatment systems.
On October 28, 1993, Mr. Scott McLendon of my staff conducted a site
inspection of the property to determine if the proposed discharge complies
with the terms and conditions of Nationwide Permit No. 26 for discharges
impacting between 1 to 10 acres of headwater or isolated wetlands. Based on
our review, we have concluded that the discharge would have greater than a
minimal adverse environmental impact on the aquatic environment.
The wetlands at the project site are part of the larger ridge and swale
maritime forest system that is contiguous with Bogue Sound and the
Intracoastal Waterway. Bogue Sound has been designated an Outstanding
Resource Water by.the North Carolina Division of Environmental Management.
This designation gives it and its' drainage area increased regulatory
protection as a waterbody with high water quality.
The wetlands on the project site are typical of a maritime swamp forest
that are contained within a ridge and swale system containing seasonally and
permanently flooded wetland pockets. These wetlands are important for a
variety of reasons in that they are recharge areas for groundwater supplies,
they provide areas where nutrient and pollutant uptake and transformation from
surface runoff can occur, and provide valuable wildlife habitat for various
species of birds, mammals, reptiles and amphibians. In addition, these areas
are particularly susceptible to fragmentation effects that can lead to further
deterioration of the area from exposure to wind and salt spray. Finally, the
cumulative impacts associated with this project are considered to be
unacceptable due to the almost complete removal of the maritime forest system
from Bogue Banks. It is our position that the natural state functions of
these wetlands, as stated above, provide important benefits to Bogue Sound and
Emerald Isle that would be adversely impacted by the proposed fill of 1.16
acres.
Based on the above, we have verified that Nationwide Permit No. 26 does
not apply to your present proposal as it has greater than minimal impacts to
the aquatic environment. Should you wish to pursue Department of the Army
(DA) authorization, you have the option of either applying for an individual
permit or modifying your proposal to minimize impacts as discussed above. A
modified proposal which minimizes wetland impacts should be submitted for our
preliminary review.
United States Department of the Interior
? V A
7 ?
FISH AND WILDLIFE SERVICE
?4RCH s +g°9 Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
TO:-(),, .{?toih
lA-,a?.Q?e-rrc
P.v,t??ox aS?? U
INSTANT REPLY _
AMMA®
s ¦
Please excuse this form. We thought you would prefer a speedy reply to a
formal letter. This is provided in response to your notification letter to
the U.S. Fish and Wildlife Service concerning Federally-listed endangered
and threatened species. This reply should be forwarded to the Corps of
Engineers Regulatory Branch.
Re:
C10-1-
.5
1c) l10Iy3
Date
Based on our records, there are no Federally-listed endangered or
threatened species which may occur within the project impact area.
The attached page(s) list(s) the Federally-listed species which
may occur within the project impact area.
If the proposed project will be removing pines greater than or equal
to 30 years of age in pine or pine/hardwood habitat, surveys should
be conducted for active red-cockaded woodpecker cavity trees in
appropriate habitat within a 1/2 mile radius of project boundaries.
If red-cockaded woodpeckers are observed within the project area or
active cavity trees found, the project has the potential to
adversely affect the red-cockaded woodpecker, and you should contact
this office for further information.
The Service concurs that the proposed project is not likely to
adversely affect Federally-listed endangered or threatened species,
their formally designated critical habitat, or species currently
proposed for Federal listing under the Endangered Species Act, as
amended.
Staffing limitations prevent us from conducting a field inspection
of the project site. Therefore, we are unable to provide you with
site specific recommendations at this time.
Questions regarding the enclosed information should be directed to the Corps
of Engineers' regulatory staff member who is handling this project.
Biologis Date
CONCUR: 1012.5103
n v r Date
G
&11 ?
UU
„a STA7F o
3 ER ?y ?.7
`? . Received 16/70 3
Due (1/3) 9>
North Carolina Department of Cultural Resources
James B. Hunt, Jr., Governor
Betty Ray McCain, Secretary
NATIONWIDE PERMIT REVIEW
CPPLICA Larry F. Baldwin
Land Management Group, Inc.
P.O. Box 2522
Wilmington, NC 28402
Project Location:
CARTERET/Emerald Isle
Division of Archives and History
William S. Price, Jr., Director

Proposed Project: Fill 1.16 acres of isolated wetlands, Block 42 north
Emerald Isle Beach Area, off Coast Guard Road behind
Look Realty Co.
We have received the application for the above project from the Ap is nt/Division of
Environmental Management and our comments are noted below.
Additional information is needed (maps, photographs, other)
No comment.
We have reviewed the requested information and have no comme t.
Signed _
Renee Gledhill-Earley
Environmental Review Coordinator
State Historic Preservation Office
919/733-4763
Date / L
cc: Wayne Wright, ACOE (if comment or need info)
?0
ti?\
b`
21 OCT 19-33
109 East Jones Street • Raleigh, North Carolina 27601-2807 ???
State of North Carolina
Department of Environment, AIFV?A
Health and Natural Resources • Division of Coastal Management James B. Hunt, Governor C AWNMNN?
F1
Jonathan B. Howes, Secretary C
Roger N. Schecter, Director
November 8, 1993
Ms Paxon M. Holz
Executor, McLean Estate
106 Manatee Street, Cape Carteret
Swansboro, N.C. 28584
RE: COE ID// 199400271, Nationwide Permit Application for an activity located in Block 42,
in the Town of Emerald Isle, Carteret County.
Dear Ms-Hei?f-T Low
The North Carolina Division of Coastal Management has reviewed the above referenced application for
a Nationwide Permit dated October 10, 1993 pursuant to Section 307 of the Coastal Zone Management
Act of 1972 as amended. Based upon our review, we have determined that the proposed activity is
consistent with the North Carolina Coastal Management Program provided the following conditions are
met:
1. The activity described in the above referenced application qualifies to receive one of the
Nationwide Permits described in 33 CFR Part 330 with the exception of Numbers 17,
21, 24, and 34 which were found inconsistent with the North Carolina Coastal
Management Program.
2. A 401 Water Quality Certification is received, where required, from the North Carolina
Division of Environmental Management.
This letter does not relieve you of the responsibility to insure that all other State authorization and/or
permit requirements are met prior to implementation of the project. Please feel free to contact me at
[phone], Ext. 263, if you have any questions or need further assistance.
Sincerely,
aoA?
Charles S. Jones
District Manager
cc: Preston P. Pate, Jr.
Steve Benton, Consistency Coordinator
Wilmington District Engineer; ATTN: CESAW-CO-E
John Dorney, DEM/Raleigh
Larry Baldwin, Land Mgmt. Group
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier # 11-12-09
Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
LAND MANAGEMENT GROUP, Inc.
Post Office Box 2252, Wilmington, N.C. 28402-2252, [phone]
Block 42 North, Emerald Isle
UPLAND DETERMINATION FORM
(Page 1 of 2)
Coordinator: Steve Chapin Time: 11:00 Date: 07/16/91 County: Carteret
Nearest Town: Emerald Isle Waterway: Bogue Sound
Quad: Swansboro Location: N. of Coast Guard Rd; Blk 42 North
PROPERTY OWNER: CONSULTANT DOING WORK:
Ms Paxon Holz Mr. Larry F. Baldwin, CPSS
W.B. McLean Estate Land Management Group, Inc.
106 Manatee Street P. 0. Box 2522
Cape Carteret, Swansboro, NC 28584 Wilmington, NC 28402-2522
Phone #: [phone] (0)
Phone #: [phone]
Other Individuals Present:
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
Is Property Uniform Or Separate Discrete X_ Vegetative Units.
VEGETATION: (In
TREES: Species-%
1. Long Leaf Pine
2. Live Oak
3. Loblolly Pine
4. Turkey Oak
5. Blackjack Oak
SAPLINGS/SHRUBS:
1. Wax Myrtle
2.
3.
4.
5.
order of dominance,
Cover-Indicator
20% FacUp
10% Fac/Up
20% Fac
10% Up
10% Up
15% Fac+ 1. Virginia Creeper
2. Grapevine
3. Poison Ivy
4. Green Brair
5.
6.
draw line above
GROUND COVER:
1. Braken Fern
2. Winged Suma
3.
4.
5.
WOODY VINES
non-dominant species)
Species-% Cover-Indicator
10% FacUp
c 10% Up
10%
10%
10%
10 %
Up
Fac-
Fac
Fac
% OF DOMINANT SPECIES (Obl-Fac)_<50% OTHER INDICATORS:
HYDROPHYTIC VEGETATION: Yes No' X- BASIS: Up or Fac Vegetation >50%_
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
TYPICAL:_X_(Complete Below)ATYPICAL: (Complete Atypical Form)
SOILS:
Series: Fripp, Kureb, Corolla, and Pactolus Hydric Soils List: Yes_ No_X_
Mottled: Yes_X_ No Matrix Color:_10YR 6/3;_6/8_HYDRIC SOILS: Yes_ No_X_
BASIS:All wetness indicators >12"; Root pores free of oxidized stains; Low OM
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
HYDROLOGY:
Inundated: Yes No-X- Depth Of Water: >12" - +80"
Saturated Soils: Yes_ No-X_ Depth To Saturation/Water Table: _>12 - +80"_
WETLAND HYDROLOGY: Yes No-X- BASIS: No wetness indicators <12"
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
ATYPICAL SITUATION: Yes No-X- NORMAL CONDITIONS: Yes-X- No
WETLAND DETERMINATION: Wetland Non-Wetland X
PHOTOS TAKEN: Yes No_X_ AUTHORITY: 10 404 10/404 None_X_
JURISDICTION: Above Headwaters Isolated Adjacent NWP #
COMMENTS:
Prepared By. ?? r Larry F. Baldwin, CPSS/SC 2183
LAND MANAGEMENT GROUP, Inc.
Post Office Box 2252, Wilmington, N.C. 28402-2252,
Block 42 North, Emerald Isle
WETLAND DETERMINATION FORM
(Page 2 of 2)
Coordinator: Steve Chapin
Nearest Town: Emerald Isle
Quad: Swansboro Location:
PROPERTY OWNER:
Ms Paxon Holz
W.B. McLean Estate
106 Manatee Street
Time: 11:00
N. of Coast
Cape Carteret, Swansboro, NC 28584
[phone]
Date: 07/16/91 County: Carteret
Waterway: Bogue Sound
Guard Rd; Blk 42 North
CONSULTANT DOING WORK:
Mr. Larry F. Baldwin, CPSS
Land Management Group, Inc.
P. 0. Box 2522
Wilmington, NC 28402-2522
Phone #: [phone] (0)
Phone #: [phone]
Other Individuals Present:
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
Is Property Uniform Or Separate Discrete_X Vegetative Units.
VEGETATION: (In order of dominance,
TREES: Species-% Cover-Indicator
1. Sweetbay 10% FacW
2. Blackgum Wet 20% Obl
3. Red Bay 15% Fac+
4. Black Willow 10% FacW+
5. Red Maple 20% FacW+
SAPLINGS/SHRUBS:
1. Wax Myrtle 20% Fac
2. Titi 15% FacW+
3. Fetterbush 15% FacW+
4. Sweet Gallberry10% FacW
5.
draw line above non-dominant species)
GROUND COVER: Species-% Cover-Indicator
1. Royal Fern 10% Obl
2. Cinnamon Fern 10% FacW+
3. Netted Chain Fern 10% Obl
4.
5.
WOODY VINES:
1. Cat Briar 5% Fac+
2.
3.
4.
5.
% OF DOMINANT SPECIES (Obl-Fac)_>50% OTHER INDICATORS:
HYDROPHYTIC VEGETATION: Yes_XT No BASIS: >50% Hydric Vegetation
----------------------------------------------------------- --- -
TYPICAL:_X_(Complete Below) ATYPICAL: (Complete Atypical Form)
SOILS:
Series: Duckston; Pactolus-Wet On Hydric Soils List: Yes_X_ No_
Mottled: Yes_X_ No_ Matrix Color:_10YR 2/1 & 7/2 HYDRIC SOILS: Yes_X_ No
BASIS: Dominant chroma <2 matrix & <2/2 surface colors; High OM surfaces.
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
HYDROLOGY:
Inundated: Yes_X_ No_X_ Depth Of Water: <12" from surface
Saturated Soils: Yes_X_ No_ Depth To Saturation/Water Table: <12"
WETLAND HYDROLOGY: Yes X No BASIS: Wetness indicators <12"
----------------
ATYPICAL SITUATION: Yes No_X_ NORMAL CONDITIONS: Yes_X_ No
WETLAND DETERMINATION: Wetland X Non-Wetland
PHOTOS TAKEN: Yes No_X_ AUTHORITY: 10 404_X_ 10/404 None
JURISDICTION: Above Headwaters Isolated-X_ Adjacent _X_
COMMENTS:
Prepared By:? Larry F. Baldwin, CPBa/'CC 2183
?` • ... .... .. ... .w :Y. 1?1; 11??:F'.?.v .•...1•'?r!.•.?:?.. 1.71. • ? i.
! 1C.A. 1. Rte. k: F-1 1??^? ? I? q
Prepared by John H. Phill ey, Morehead City, N. C.
W. A. Mai,a-an Fatate
106 Manatee Strcet
Swansboro, NC 29584
i
NORTH CAROLINA
CARTERET COUNTY
THIS DEED, Made this 2nd day of October, 1992, by and he-
tweeti Martha L. Howe, Single, individually, and Martha L. Howe,
Uecutrix of the EatAta oC Louise McEachen Spell; Robin Ricks
Herring and hushane. Edwin Herring; Georgia Leon Ricks Murray tnd
hunhend Paul Murray; Rhetr. Howe Ricka, Single, an6 M. nouglas
Goines, Guardian Ad litem for Alexandra Susanne Herring, minor,
and Ashley Grace Herring, minor., of Carteret County, North
Carolina, here{.r.n£ter, whether one or.more persona, a corporation
or partnership, referred to as the Grantor; and Thu W. B, AcLean
Estate, ox' Carteret County, North Carolina, hereinafter, whcthcr
one or more persons, a corporation or partnnrahip, referred to as
the Grantee (it b^'ng fully understood and agreed that say pronoun
or other word u.:ad heroin shall be construed as singu 4r or
plural, and of the masculine, feminine, or neuter gender, as the
enntaxt may indicate or require);
W I T N E 3 S E T H i
THAT THr; GRANTOR, for a valuable consideration paid by the
Grantee, the receipt of which is hereby acknowledged, has bar.-
gained and snld, and by those presents does hereby grant, bargain,
sell. and convey to the Grantee, Grantee's hairs, auecesedr• and
nnpig"o, an of neantorla isMerest in that certain tract or parcel
of land situate in White Oak Township, Carteret County, North
Carolina, and more particularly described as followbi
TRACT I: Beginning at the point of intersection of the north
r- g?-ot-way line oC Coast Guard Road, and cast block line of
.Block 43 (also known As Atloek 330 on Map nook 3, page 36), sold
beginniAg point being further identified as the point of intersec-
Eton of the north right-of-way.line of Coast Cuard Road and the
western block litre of alock 320 of that commercial subdivision as
shown on that map of record in Map Book 8 page $2, Carteret
County Registry; and running thence from said point of beginning
along the common line between Block 43 (330) an Block 42 (320), N.
05" 3S' 71" W. 710.89 feet to a point which also marks the south
right-of-Ray line of head Drive Extension (unimproved); thence
along oai.d south right-of-way line of Reed Drive Extension, a
curve to the left (in a southerly direction) having a ragdae of
•q M
D00. PAGE '
1981.02 feet , A delta an
694.00 feet to Ch gle Of 20" d4' 21"
thence Alon the north right-of-wa t Ina re 21 oftl ooaat Guar nP
40^ W. 94.91 featntotR right-of-way of Coast Guard Road S. 37"to241
having g radius at A point Of Cud ltti an Of a curvee to the right
Arc distance of
Of -189.54 feet, 251.29 feet to the thence continuing glo o- 43 nn
?OQBt Ge„ra Rnaaeon tree point angle of tan ngency of f said
brrinnin " , ?, )rth right-of-woy lira of
R• This tract TcOoc C?ei a 3.4P :12reA 4 lest to the point of
TRACT 2! Baginnin
eet rom the poin 8 pt a point loeat:,ad N. O5°
of CoaeC (;uard Road a ht-oa
nd inCez•section of the nOSO 3 i ?1ft w. 855.59
ning thence from s the east line of Hloek 43 30)f and run-
tween 1?Iac:c 43 said print of beginning aloe
feet to a point (in0thenti ]Block 42 (320)N. OSw t351 2111k line be-
thence along said right-owa't f wa lieof-waY „line Of3N.C?kighw y$gg5
ontinuing aloe the weategS' 08-wg1001, >;? 1x)7.54 feet;
58 along +i curve to t e e ri ht-o_ y line
delta angle of /?3° 20r JIe. t having a rad
t. ius of 1771.•C• Highway
nter.section of the we 35 an are distance of 1339.74 f Z Sept, a
the north right-vf-ways linegofconway lino of N.t; iii hwe t to the
north right-of»way Sinp of Coast Guard Road; thegga ston8 and
150.00 :aet to the Coast Guard Road 3. 37" 24' $, the
line of stead A: v point Of interaection of th--north 00 W.
Coact Guard Rbad a F.xtengion and the north right-of-way line of
f
Drive 8xtenatoh a thence along the north ri ht:.o a Y 11nt: Reed
feet ? q delrA annlecaf 23?a the right Navin aradiusl of 1423 e0
to the point, of. pia i 37f 33", an arc distanco of 792.13 feet
$ nning. Thfu tract contains 3.45 aoroa.
Said tracts being more Particularly shown on the Survey For Block
47_, W. R. McLean Estates
t.
Exhibit , rietpd Ju>y 20 1991
s attached hereto an
To HAVE AND T'0 DOLD acid tract or parcel of land, and all
pri.vilegoa and aPPurtenanees thereunto belonging Sr in e
appertaining to the said Grantee; Grantee's heira any way
's4iAne, ftrever. , succaesore and
IN TESTIMONY wHEREoF; the Grantor has hereunto get
Grantor's hand And seyls the day and year first above wrti-ten,
? Y
,.
' .00
PAGr

?l JnC-
exit (T)pm Ax 2512
Vdm 4nytm, 1roWA Wmd ma 18401
9d'. 910-451-0001
91o6?et ? .foul
°X! fit. ,?ouiaon
DATE: MAY 25, 1994
SUBJECT: RESPONSE TO ARMY
#199400271 AS T0
WETLANDS OF BLOCK
ACRES OF FILL.
ROAD, BEHIND LOOK
JUG! 31994
Y
99a& ;(4
.T.wy Aa.,A 0)r. 96A
3805 wmk4towdk .1?twmw
wwmietf&ft, ./1'F8 28403
CORPS 05/16/94 LETTER CONCERNING ACTION I.D.
AVOIDANCE-MINIMIZATION-MITIGATION WITHIN 404
42 NORTH (7.8 Ac) OF THE McLEAN ESTATE FOR 1.16
TRACT LOCATED ON THE NORTH SIDE OF COAST GUARD
REALTY, EMERALD ISLE BEACH, CARTERET COUNTY, NC.
TO: MR. SCOTT McLENDON
MR. WAYNE WRIGHT &
REGULATORY BRANCH
ARMY CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NC 28402-1890
[phone]
MS. PAXON HOLZ, EXECUTOR
McLEAN ESTATE
106 MANATEE STREET
CAPE CARTERET, SWANSBORO, NC 28584
[phone]
THIS IS IN RESPONSE TO THE ARMY CORPS' REQUEST TO ADDRESS AVOIDANCE, MINIMIZA-
TION, AND/OR MITIGATION (DA/EPA MOA 2/6/90) ISSUES AS THEY RELATE TO THE
INDIVIDUAL 404 PERMIT APPLICATION (ID #199400271) FOR 1.16 ACRES OF FILL
WITHIN ISOLATED WETLANDS OF THE 7.8 ACRE W.B. McLEAN ESTATE BLOCK 42 NORTH.
WE ORIGINALLY APPLIED FOR A NWP #26 IN THE FALL, 1993, BUT IT WAS DETERMINED
AN INDIVIDUAL 404 PERMIT WOULD BE NECESSARY DUE TO THE TYPE OF WETLANDS.
THE TRACT IS IMMEDIATELY ADJACENT TO N.C. HIGHWAY 58 WHICH IS THE ENTRANCE AND
MAIN THOROUGHFARE TO EMERALD ISLE BEACH. IT HAS BEEN ZONED BY THE TOWN OF
EMERALD ISLE FOR BUSINESS/COMMERCIAL USAGE AND HAS A DEDICATED 60 Ft RIGHT-OF-
WAY (Reed Drive) THROUGH THE CENTRAL PORTION. THE SHAPE, SIZE, AND TOPOGRAPHY
OF THE TRACT LIMITS THE ALTERNATIVES FOR SUBDIVISION AND DEVELOPMENT.
PRIOR TO 1985, NONE OF THE REQUESTED FILL AREAS WOULD HAVE BEEN CLASSIFIED AS
JURISDICTIONAL WETLANDS OR SUBJECT TO PERMITTING RESTRICTIONS, SINCE THESE 404
WETLANDS ARE CLASSIFIED AS "ISOLATED" OR "ABOVE HEADWATERS". THE "ADJACENT"
404 WETLANDS WITHIN THIS TRACT (0.25 Ac) ARE BEING STRICTLY AVOIDED, AS POINT-
ED OUT WITHIN THE PERMIT APPLICATION. THE TRACT HAS BEEN IN FAMILY OWNERSHIP
FOR +50 Yrs. THEY DESIRE TO RETAIN THE GREATEST ECONOMIC/DEVELOPMENT POTEN-
TIALS FOR THIS TRACT FOR A FAIR RETURN ON THEIR INVESTMENT.
THE "ISOLATED" & "ABOVE HEADWATERS" 404 WETLANDS TO BE FILLED ARE WET POCKETS
OR REMNANT SLOUGHS BETWEEN STEEP MARITIME SANDY RIDGES. THE MAIN CONCERNS
FROM THE U.S. ARMY CORPS AND NCDEH&NR WATER QUALITY REGARDING THE MARITIME
FOREST CHARACTER OF THE TRACT, WILDLIFE CONCERNS , AND GROUNDWATER RECHARGE.
GROUNDWATER RECHARGE WILL STILL OCCUR THROUGH THE HIGHLY PERMEABLE UPLAND
SANDS AND ALL RUN-OFF WATERS WILL BE CONTROLLED & TREATED WITH DETENTION-

-1.
PAGE 2.
BLOCK 42 NORTH, 404 INDIVIDUAL PERMIT RESPONSE
INFILTRATION BASINS IN COMPLIANCE WITH N.C. STORMWATER REGULATIONS. DURING
THE NWP #26 PERMIT APPLICATION PROCESS, WE RECEIVED FAVORABLE RESPONSES FROM
NCCRC/CAMA AS IT IS BEYOND CAMA'S 575 Ft AREA OF ENVIRONMENTAL CONCERN, FROM
U.S. FISH & WILDLIFE, AND FROM N.C. CULTURAL RESOURCES. WILDLIFE CONCERNS
HAVE BEEN FAVORABLY ADDRESSED BY U.S. FISH & WILDLIFE AND THIS AREA IS WITHIN
THE BIRD SANCTUARY OF EMERALD ISLE CITY LIMITS. THERE ARE NO MARITIME FOREST
PRESERVATION REGULATIONS AND THOSE CONCERNS SEEM TO HAVE BEEN ADDRESSED BY
N.C. CAMA.
AVOIDANCE:
THE TRACT IS ZONED FOR COMMERCIAL/BUSINESS USAGE WITH A DEDICATED PUBLIC
RIGHT-OF-WAY THROUGH THE CENTRAL PORTION. IN ORDER TO SUBDIVIDE THE TRACT
INTO A REASONABLE NUMBER OF LOTS FOR SMALL LIGHT BUSINESS MARKET DEMAND, IT IS
NOT FEASIBLE TO STRICTLY AVOID THE SCATTERED AND ISOLATED 404 WETLAND AREAS.
THE EXTREME RIDGE/SLOUGH TOPOGRAPHY AND SLOPES ALSO MANDATE UPLAND CONTOURING
AND FILLING OF THE WETLANDS TO MEET MINIMUM AREA REQUIREMENTS FOR CONSTRUCTION
OF BUILDINGS AND PARKING. THE "ADJACENT" 404 WETLAND AREAS NEXT TO BOGUE
SOUND WILL BE STRICTLY AVOIDED.
MINIMIZATION:
IN ORDER TO REALIZE THE TRACT'S FAIR POTENTIAL VALUE WE ARE REQUESTING 1.16
ACRES OF FILL. THE TRACT HAS BEEN SUBDIVIDED TO ALLOW FOR AS MUCH BUILDABLE
UPLAND AREA PER LOT WITH WETLANDS AS A BUFFER BETWEEN LOTS. THE DEDICATED
RIGHT-OF-WAY REDUCES THE OPTIONS FOR LOT LAYOUTS AND SIZE. WETLAND FILL WILL
BE MINIMIZED FROM THE REQUESTED AMOUNT, IF A FUTURE BUYER DOES NOT NEED TO
FILL FOR THEIR SPECIFIC NEEDS. THE FILL IS FOR "ISOLATED" WETLAND AREAS ONLY,
WHILE "ADJACENT" WETLANDS WILL BE STRICTLY AVOIDED.
MITIGATION:
THE FILL REQUEST IS FOR 1.16 ACRES WITHIN "ISOLATED" WETLANDS. MINIMUM IM-
PACTS WILL RESULT FROM THESE FILL ACTIVITIES. THE LAND OWNER'S WILL AVOID ALL
"ADJACENT" 404 WETLANDS NEXT TO BOGUE SOUND. THESE HIGHER VALUED "ADJACENT"
404 WETLANDS WILL BE LEFT IN A NATURAL STATE TO MITIGATE THE LOWER VALUED 1.16
ACRES OF "ISOLATED" WETLANDS. ALL POTENTIAL DEVELOPMENT WILL FULLY COMPLY
WITH N.C. LAND QUALITY'S STORMWATER TREATMENT AND SEDIMENTATION/EROSION REGU-
LATIONS TO MITIGATE ANY POSSIBLE WATER QUALITY IMPACTS FROM THE FILL OF THE
"ISOLATED" WETLAND AREAS.
WE WILL BE GLAD TO DISCUSS ANY SUGGGESTIONS OR RECOMMENDATIONS YOUR AGENCY MAY
HAVE REGARDING THIS PROJECT AND PERMIT REQUEST.
d-
C ?,4
LARRY F. BALDWIN, CPSS/SC
cc Mr„ John Dcrney, NCDCH&NR
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
May 16, 1994
IN HtYLY HtFtH IU
Regulatory Branch
Action ID No. 199400271
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
Enclosed is the application of the McLean Estate, represented by Ms.
Paxon M. Holz, for Department of the Army authorization and a State Water
Quality Certification to place fill material in 1.16 acres of wetlands near
Bogue Sound to establish highground for commerical usage, Emerald Isle,
Carteret County, North Carolina. Your receipt of this letter verifies your
acceptance of a valid request for certification in accordance with Section
325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification is required under the provisions of Section 401 of the same law.
A Department of the Army permit will not be granted until the certification
has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days
after receipt of a request for certification is a reasonable time for State
action. Therefore, if you have not acted on the request, or asked for an
extension of time, by July 18, 1994, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Scott McLendon, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
J.ne Wrig
Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
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
l
' :'lease type or print. Carefully describe all an.
eicipated development activities, including construct
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write N/A (not ap-
plicable). Items 1-4 and 8.9 must be completed for
-all projects.
I -=APPLICANT' ---: ?..
a. Name 44 rn/<,r?, , Cgr'r//yof G?ou
Address r, x •
City ' M 1 H b i State C
Zip 02 Day pho e r 9l9 5-2 -daa/
Landowner or Authorized agent
b. Project name (if any B/aC /r- ?-,
C. If the applicant is not the landowner, also give
th owne 's name address.
? • ?Q X D h to /y . G XP (" / < C/R1rtlH C?q /?
ahn 7. /Z 7 7`i 7'
C e Cc, frr?7; Sct.' aro G
2- N3
2. LOCATION OF PROPOSED
PROJECT
A
a.
1,/
b.
C.
a. Street address or. road ub?r
IelP7 Cnn r f o ', m
b. City, town, com unity, or landmark
b rn ? ?a / ,2's /cam ,d et- c??
C. County C u ,
d. Is proposed work within city limits or planning
jurisdiction? Y?,T . Ei?, Pvn /.,/ T..r /A.
e. Name of body of water nearest project
? e-q c4 a U-mf p
3 DESCRIPTION AND PLANNED,
=- _ USE_ OF. PROPOSED PROJECT
Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead or?ier .
L r ? /. c aT ?. ?//7rc TOfl.
N P?/n ?S' O a ?"C PrJ-Ciry% t rise, f?
CvP /O M Ph • bu C 7t /?p W 7"
6
d v P i:! a s fR e? 6 v es.. C?S?/Y.5'' J. ?3?flEC
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
Is the proposed activity maintenance of an ex.
13=9 project, new work, or both? A/P a•
Will the project be for community, private, or
commercial use?
d. Describe the platen use of the project.
C AM n•, PI" a <n / r i vo P a?e°uF/?? r•„-<..
An7f- eea/s e 'p;// use/a r'ol ?elSf
6Vr7'C/nw,i/d ?r,r ?n fiTn QN• ,,j^?n?7
r- i er er
LAND : AND ?-
WATER ???{?'?-?,?,,?.Jz??r
....CHARACTERI TICS.
a. Size of entire tract 7
b. Size of individual lot(s) Allot 54,1"11,
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum n - ' 5
d. `Cgil typo*) and texture(s) of tract -/P A
Orn ?ja Sna?S Xle -1117
e. Vegetation on tract-
414P ?1111'
f. Man-made features now on tract
g. What is the LAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.) .
Conservation Transitional
Rural Developed Community
Other
h. How is the tract zoned by oval government?
., f N '? Co 0, Aw ve i n
i. How are adjacent ware classified?
j. Hasa professional archaeological survey been
carried out for the tract? - A1/0
If so, by whom?
5• UPLAND DEVELO - 6.4,.,r-"i.,
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
strictures proposed t-_13
0-- AP*nr/ 6llr%HPSSPC
b. Number of lots or parcels A3
C. Density (Give the number of residential units -
and the units per acre.) O. 63 a C le, 7L
d. Size of area to be c gradFd or / disturbed To /a/
F a.3
e. If the proposed protect will disturb more than '
one acre of land, the Division of Land
Resources must receive an erosion and sedimen• !
tation control plan at least 30 days before land
disturbing activity begins. If applicable; has a
sedimentation and erosion control plan been
submitlred to the Division of Landes Resources?
f. Give the percentage of the tract within 75 feet
of mean high water to be covered by act.
Permeable surfaces, such as pavement,
buildings, or rooftops, o ll'pvr?/a <
A,if4ih ?r7j?of A//`1TL
OR W ll/`a tet"s
. g. • List the materials, such as marl, paver stone,
asphalt. or co crete to be used or paved
surfaces. VCA c v e 7?0-
h. If applicable, has a stormwater management
plan been submitted to the Division of,En.
vironmental Management?- ,;// -P,0,4 1v Aid da s .
i. Describe proposed sewage disposal or waste
water treatment facilities.
b. Amount of material to be excavated fro
below water level in cubic yards
c. Type of material d4//`1-
d. Does the area to be excavated include marsh-
land, swamps, or other wetlands? ?o ?
e. High ground excavation, in cubic yards mod ?'
f. Dimensions of spoil disposal area ti A
g. Location of spoil disposal area- 1i
h. Do you claim title to the disposal area?
j. Have these facilities received state or local
approval? fA/.' //u,0e /.
k. Describe existing treatment cilities.
Ate/
1. Describe location and type of discharges to
waters of the state (for examplersurface runoff.
sanitary wastewater, industrial/commercial
effluent, or "wash dow1n"). ?S'faP^,.?.r ><??
Q /H
r- A
m. Water supply source
n. If the project is oceanfront development.
describe the steps that will be taken co main-
tain established public beachaccessways or pro-
vide new access. &.ZA
o. If the project is on the oceanfront, what will
be the elevation above mean sea level of the.
first habitable flood- f't? fa M- 40f,
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads.
which are covered in Section 7).
Length Width Depth
Access channel
1111h (ML.W) or 04WL)
/V/A- Boat basin
Other (break-
A1114 Mater, pier.
/ boat ramp,
rock jetty)
Fill placed in
wetland or below
?,r/o7F/shall MHW
DSO/a'14eo•
/,/6
?xcavafioa Upland fill
areas
1 ?_Ac 1
If not. attach a letter granting permission from
the-owner.
i. Will a disposal area be avaiia I for future
maintenance?/
If so, where? .
j.. Does the disposal area include any m rshland.
swampland.'or water areas? _ti 14
_
k. Will the fill material be placed be ow mean
high water?
1. Amount of fill in cubic yards '716-6 o v, f?o??
m. Type of fill rgaterial Sa
n. Source of fill material ?ucea:?? Avor.aof'?S4
o. Will fill material be placed on marsh or ochher
wetlands? es ` 4 Gye• te?ti,Jf-
p. Dimensions of the etlan to be filled
q. How will excavated or fill material b kept on
site erosion co lied? S%/ fc? c :o,a
lr / `A Fv 6th f I /r
r. What type of construction equipment will be
used (for example, dragline. ba khoe, or
hydraulic dredge)? )Q^ r A /?Ap ,
Sire. // vrr. - etid a // 2.eh
S. Will wetlands be crossed ip, transporting equip-
ment to the project site?.aLa If yes, explain
the steps that will be taken co lessen en-
vironmental impacts.
7 SHORELINE STABILIZATION
a. Length. of bulkhead or riprap .
b. Average distance waterward of mean high water
or normal water level
c. Shoreline erosion during preceding 12 months,
in feet
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed
below mean high water '
f. Type of fill material
2
ORMATTON.-
In addition to the completed application form, the
following items must be submitted:
A dopy of the deed (with state application only) or
other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
An accurate work plat (including plan view and
trots sectional drawings) drawn to scale in black
ink on 8 ?i x 11 white paper. (Refer to Coastal
Resources Commission Rule 7J.0203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality copies will 'be accepted. Blue-line
prints or other larger plats are acceptable only if 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard.
ing that agency's use of larger drawings.) A site or
location map is a part of plat requirements and it
must be sufficiently detailed to guide agency per.
sonnel unfamiliar. with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
3e A stormwater management plan, if applicable, that
may have been developed in- consultation with the
/ Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired b G.S. 113-229(d).
CS a
11 M.-
era/A ? C 2
Name /V r
Address 41-d R A ,•//
., ?..?.. H i rAx /V G 2 S-7
Name
Address
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, d issuing dates.
A check for $100 made payable to the. Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
-application.
/'A signed AEC hazard notice for projects in ocean.
front and inlet areas.
N//d'A-statement bn the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERMIS
SION TO ENTER ON LAND? ==
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands. in connection with.
evaluating information related to this permit ap-
plication and follow-up monitoring of'project.
This is theZ day of r?
14, 7- A6
Z3 7a fc
Lando r r Authorized agen
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S_ Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
3

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';;4 :,•' ••:.?,. ?. .• 404 RETLANDS CERTIFICATION
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'Vd/miaey", IroWA `wwkna 28402
3c_,(- 999-452-0009
Z&w 9,9,..E &d
w q9G .li.ciaon
I. ?
APRIL 15, 1994
L 1994
?10 ? ??iee ?ac?i
.1805 °w .r?vrruse
°,Wdm &W", M 284(13
SUBJECT: INDIVIDUAL 404 PERMIT REQUEST FOR 1.16 Acres OF FILL WITHIN ISO-
LATED 404 WETLANDS. LOCATED WITHIN BLOCK 42 NORTH, EMERALD ISLE
BEACH AREA, NORTH OFF COAST GUARD ROAD, BEHIND LOOK REALTY COMPA-
NY, WHITE OAK TOWNSHIP, EMERALD ISLE, CARTERET COUNTY, N.C.
TO WHOM IT MAY CONCERN:
PLEASE FIND THE ENCLOSED INDIVIDUAL 404 PERMIT REQUEST FOR CORPS OF ENGINEERS,
NCDEH&NR, AND YOUR DEPARTMENTS' REVIEW. YOUR AGENCY'S REVIEW, COMMENTS,
AND/OR APPROVAL IS NEEDED AS PART OF THIS APPLICATION REQUEST FOR PROPOSED
FILL/EXCAVATION IMPROVEMENTS WITHIN 404 WETLAND AREAS.
IN THE FALL OF 1993 A NWP #26 PERMIT WAS APPLIED FOR (ID #199200271) AND
DENIED ONLY BECAUSE IT WAS THOUGHT MORE THAN MINIMAL ADVERSE IMPACTS WOULD
OCCUR. THUS, THIS INDIVIDUAL 404 PERMIT APPLICATION IS NECESSARY.
THIS INDIVIDUAL 404 FILL PERMIT REQUEST IS FOR 1.16 Acres OF FILL WITHIN ISO-
LATED 404 WETLANDS. THE TRACT IS PROPOSED TO BE DEVELOPED FOR LIGHT COMMER-
CIAL/BUSINESS USAGE FOR WHICH IT ALREADY ZONED. THE TRACT IS LOCATED ALONG
N.C. HWY 58 AND COAST GUARD ROAD AND ALREADY HAS A DEDICATED PUBLIC RIGHT-OF
WAY (Reed Drive) THROUGH IT. IT IS NOT POSSIBLE TO AVOID THE ISOLATED 404
WETLANDS WITH ANY REASONABLE DENSITY AND STILL ALLOW AREA FOR COMPLIANCE WITH
LOCAL PLANNING & ZONING REQUIREMENTS, PARKING, RIGHT-OF WAY ACCESS, AND WASTE
TREATMENT. THE TRACT HAS A TOTAL OF 1.41 Acres OF 404 WETLANDS, OF WHICH 1.16
Acres OF ISOLATED WETLANDS ARE PROPOSED TO BE FILLED, WITH THE BALANCE OF 404
WETLANDS (0.25 Acres) NEAR BOGUE SOUND TO BE LEFT UNDISTURBED.
DURING THE NWP #26 PERMIT APPLICATION PROCESS, WE RECEIVED FAVORABLE RESPONSES
FROM NCCRC/CAMA AS IT IS BEYOND CAMA'S 575 Ft AREA OF ENVIRONMENTAL CONCERN,
FROM U.S. FISH & WILDLIFE, AND N.C. CULTURAL RESOURCES. COPIES OF THESE
REPLIES ARE ENCLOSED. THE MAIN CONCERNS APPEAR TO BE FROM THE U.S. ARMY CORPS
AND NCDEH&NR WATER QUALITY REGARDING THE MARITIME FOREST CHARACTER OF THE
TRACT, WILDLIFE CONCERNS , AND GROUNDWATER RECHARGE. GROUNDWATER RECHARGE
WILL STILL OCCUR THROUGH THE HIGHLY PERMEABLE UPLAND SANDS AND ALL RUN-OFF
WATERS WILL BE CONTROLLED & TREATED WITH DETENTION/INFILTRATION BASINS IN
COMPLIANCE WITH N.C. STORMWATER REGULATIONS. WILDLIFE CONCERNS HAVE BEEN
ADDRESSED BY U.S. FISH & WILDLIFE AND THIS AREA IS WITHIN EMERALD ISLE CITY
LIMITS AND BIRD SANCTUARY. THERE ARE NO MARITIME FOREST PRESERVATION REGULA-
TIONS AND THOSE CONCERNS SEEM TO HAVE BEEN ADDRESSED BY N.C. CAMA.
YOUR IMMEDIATE ATTENTION TO THIS APPLICATION WILL BE APPRECIATED. IF THERE
ARE ANY QUESTIONS OR MORE INFORMATION IS NEEDED PLEASE CALL OR WRITE.
LARRY F. BALDWIN, CPSS/SC 2183
O4 see,
GO
?eIS N0ti1
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:pr °E a°` ° bpk
O:v? OeQ?3 CP 5?' ?y CPc
G• ?c? asp ` 5• P? cIgi
V er
OeJe?.1.•
please type or print. Carefully descri be all an-
ticipated development activities, including construc.
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write NIA (not ap-
plicable). Items 1-4 and 8-9 must be completed for
-all projects.
Aa
a. Name = n/vlti . H A
M t)i State C
P 19 x=02 Day pho e( D -oe
Landowner or . Authorized ager}t
b. Project name (if any) .,g /e c /r yt- Z /V6, t
d.
=AND .z ? d??•'
.q-- .CHARACTERISTICS `. .,F=f
.;ter .'wr;•;-c.?;?n_y.r?.
a. Size of entire tract R -
1 b. Size of individual lot(s) /1/,If Sol W7 P
°`'r' c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum n - ?-
d. Soil type(s) and texture(s) of tract f' saH s j d
COrO //g s".e ?" /?/e wLrQAl Sqn Xr i ? ue/t'f ?v/
sa ?.
r
e. Vegetation on tract, / %?F 6a of '00Y T
y
?7&/, L.e41/411
c. If the applicant is not the landowner, also give
th owne 's name a address.
g? ? ` c
/MI6 a,01 a fG4. s e7`
C ' e Ccr 14c- 're Sw? ar0' I?JG
2. LOCATION OF. PROPOSED
PROJECT
a. Street address or secondary ?adum r
M6 G'na r 1L f^i-?.ar
b. City, town, comnTunity, or landmark
C. County C a . teI eT-
d. Is proposed work within city limits or planning
jurisdiction? T_,/ Eh, eva /W Is
e. Name of body of water nj est project
,Q Gq li ? S6Gt p ?l
3 'DESCRIPTION AND PLANNED,
:__:USE OF PROPOSED PROJECT
f. Man-made features now on' tract
g. What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
Conservation ' K_ Transitional
Developed Community
Rural Other
h. How is the tract zoned by Deal government?
u . h r Ce«,N,, vci?,
i. How are adjacent wat classified? 0A W
j. Has a professional archaeological survey been
carried out for the tract? /110
If so, by whom?
5 UPLAND DEVELOPMWJ1;_! a'
Complete this section if the project includes any
upland development.
a. Type and number.of buildings, facilities, or
structures proposed L 3 c av, ?, ere: a/
Bf° l''e y'a i ? ?? US % N PS e•F
b. Number of lots or parcels M
aa. Describe all development activities you propose c. Density (Give the number of residential units (for example, building a home, motel, marina, and the units per acre.)
bulkhead orier . ?
a 4 Ado
r?/ c
Aoef de as. C PrCia r;oafe
4 eve A _ e*, I' - W e1, lge. 6Gr 6 6e P
a r F i ,ra a 1Fd `F 4 c y a." C Ahr? .S7S?jgEC
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of ap ex-
isting project, new work, or both? Ivew
d.
e.
C. Will the project be for community, private, or
commercial use? f.
A-,i ya 7i 16 `r1 PvCia
Size of area to be grad G or isturbed 7 T fa)
br Q.3ffo
If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
submitted to the Division of Lan Resources?
W:.// gO,o & X30 n(ay.r / e eve a(ew
Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops. All,
?,.; i •? 573 ,, of /s?/YTL
OR W k a tees
g. List the materials, such as marl, paver stone, b. Amount of material to be excavated fro
asphalt, or co Crete to be used Jor paved below water level in cubic
surfaces. ' a n c e ?_ c. Type of material
d. Does the area to be excavated include marsh-
h. If applicable, has a stormwater management land, swamps, or other wetlands? JL0 ? ? a
plan been submitted to the Division of,En- e. High ground excavation, in cubic yards ??
oV ,36J-1 f. Dimensions of spoil disposal area ?/?
vironmental Management? 161-
f, 7
i. Describe proposed sewage dis and/or waste g. Location of spoil disposal area
water treatment facilities. u a
?- s ace s P o ?N? h. Do you claim title to the disposal area?
j. Have these facilities eceived state or local If not, attach a letter granting permission from
approval? ,", * ?f & the- owner.
k. Describe existing treatmen cilities. i. Will a disposal area be availa 1 for future
maintenance??
If so, where?
j. Does the disposal area include any m rshland.
1. Describe location and type of discharges to swampland; or water areas? "IA
waters of the state (for example;, surface runoff, k. Will the fill material be placed be ow mean
sanitary wastewater, industrial/commercial high water? -fro
effluent, or "wash down"vr.A?? 1. Amount of fill in cubic yards
7`r.? 7c ems, o M. Type of fill rpaterial Sa n
r e , n. Source of fill material sac=%n 1.1 - f 17P
M. Water supply source Ze aLz -Of zr•i-V -rJ/,e o. Will fill material be placed on marsh-or ot1 er
des q` T '-
n. If the project is oceanfront development, wetlands? ?
describe the steps that will be taken to main- p. Dimensions of the elan to be filled _ /.LJhr.
fain established public beach a cessways or pro- q. How will excavated or fill material b kept on
vide new access. N? site an erosion cot fled? S%/ fP/,i c'f1*7
J
6 01
s-e ca ?,., i t!, n G n Js .
o. If the project is on the oceanfront, what will
be the elevation above mean sea level of the.
first habitable floor? f' R 7'`o A?_:
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
r. What type of construction equipment will be
used (for example, dragline, ba7khoe, or
hydraulic dyed e)? ^ c 4 A^a
s. Will wetlands be crossed i??,, transporting equip-
ment to the project site? .T10 If yes, explain
the steps that will be taken to lessen en-
vironmental impacts.
Access channel
/V/A (MLW) or (NWL)
AIIA- Boat basin
Other (break-
N/A- water, pier,
boat ramp,
rock jetty)
Fill placed in
Z his MHw or below
WeIl
?SOluf??
?Xcav?fioti Upland fill
IVA 7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap
b. Average distance waterward of mean high water
or normal water level
c. Shoreline erosion during preceding 12 months,
in feet
d. Type of bulkhead material
e. Amount of fill, in cubic yards. to be placed
below mean high water
f. Type of fill material
2
Length Width Depth
ADDITIQNALORMATION.
?r
In addition to the completed application form, the
following items must be submitted:
A Copy of the deed (with state application only) or
l/ other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 14 x 11 white paper. (Refer to Coastal
Resources Commission Rule 7J.0203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality copies will 'be accepted. Blue-line
prints or other larger plats are acceptable only if 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing that agency's use of larger drawings.) A site or
location map is a part of plat requirements and it
must be sufficiently detailed to guide agency per-
sonnel unfamiliar.with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
,86 A stormwater management plan, if applicable, that
may have been developed in- consultation with the
%WiW Division of Environmental Management.
OY?
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G. S. 113.229(d).
C'A 5`3 N) /
ame v, Larv v ?-TO c
v i V e
Address R R /6 Eve,-aAof
Name-
Address
/''level pad City fNG 'ZK5
Name
Address
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permit, d issuing dates.
A check for $100 made payable to the. Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
-application.
AA signed AEC hazard notice for projects in ocean-
front and inlet areas.
N// 1dA statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tack a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PEP MIS"
SION TO ENTER ON LAND `s
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with.
evaluating information related to this permit ap-
plication and follow-up monitoring of project.
This is the23 __4 day of A4,_11 / ,
19 ?9 PM f fd»
i
Lando r Cr Authorized agen
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
3
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rill mr6as) 404 WETLANDS CERTIFICATION
CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICT] THE yWNDARY OF
• O. 25 AC?68 TNL JURISDICTION OF SECTION 04 OF THE CLEAN WATER ACT UNDER THE PRESENT LIPS AA,
AS REGULATIONS AS DETERMINED BY THE UNDERSIONED OH THIS DATE, UNLESS THIN IS A
SL CNAxW IN THE LAM OR OUR PURL SHED REGULATIONS. THIS DETERMINATION DF S[CTlgl
44 ,•0. _ Ow JURISDICTIOX MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED TIMER YEARS
'•..^ `".,L ' :4• FROM THIS DATE.
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?CIO
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director.
December 8, 1993
AT:.-R;WA
woo?oft
C)EHNR
Ms. Paxon M. Holtz,
Exec. McLean Estate..
106 Manatee StreetV,-
Cape Carteret, N.C. 28584
Project #93894
Carteret County

Dear Ms. Holtz:
The Division of Environmental Management, Water Quality
Section has reviewed your plans for wetland fill for 1.16 acres
of water and wetlands at Block 42 North in Carteret County for
residential and commercial development. Based on this review, we
have.identified-significant uses which would be removed by this
project. These are water;-storage, aquatic life and wildlife
habitat. Furthermore, insufficient evidence is present in our
files to conclude that your project must be built as planned.
Therefore, we are moving toward,denial of your 401 Certification.
Please provide`us with information supporting your position
that your project must be constructed in wetlands. Specifically
can you construct your residential and commercial fill. A plan
showing lot locations is also required by.DEM to complete our
evaluation. Any documentation such as maps and narrative which
you can supply to address upland alternatives may be helpful in
our review of your 401 Certification.. I understand that the U.S.
Army Corps of Engineers has determined that an individual permit
will'be required for this fill. If you still pursue this fill,
the information outlined aboved will still be required.
If you have any questions, please call me at 919/733-1786.
Sincerel ,
93894.wet R. Dorney
cc: Wilmington DEM Regional Office
John Parker, Coastal Management
Scott McLendon, Wilmington Office COE
Larry Baldwin; Land Management Group
Winston Smithwick, Jr.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
November 30, 1993
IN REPLY REFER TO
Regulatory Branch
ACTION ID: 199400271
Ms. Paxon M. Holz
106 Manatee Street
Cape Carteret
Swansboro, North Carolina 28584
Dear Ms. Holz:
Please reference your application received October 20, 1993, requesting
authorization pursuant to Nationwide Permit No. 26 to fill 1.16 acres of
maritime swamp forest on your property located between Coast Guard Road and NC
58, Emerald Isle, Carteret County, North Carolina. According to the
application, the purpose of the project is to provide access to the property
and to provide suitable areas for waste treatment systems.
On October 28, 1993, Mr. Scott McLendon of my staff conducted a site
inspection of the property to determine if the proposed discharge complies
with the terms and conditions of Nationwide Permit No. 26 for discharges
impacting between 1 to 10 acres of headwater or isolated wetlands. Based on
our review, we have concluded that the discharge would have greater than a
minimal adverse environmental impact on the aquatic environment.
The wetlands at the project site are part of the larger ridge and swale
maritime forest system that is contiguous with Bogue Sound and the
Intracoastal Waterway. Bogue Sound has been designated an Outstanding
Resource Water by.the North Carolina Division of Environmental Management.
This designation gives it and its' drainage area increased regulatory
protection as a waterbody with high water quality.
The wetlands on the project site are typical of a maritime swamp forest
that are contained within a ridge and swale system containing seasonally and
permanently flooded wetland pockets. These wetlands are important for a
variety of reasons in that they are recharge areas for groundwater supplies,
they provide areas where nutrient and pollutant uptake and transformation from
surface runoff can occur, and provide valuable wildlife habitat for various
species of birds, mammals, reptiles and amphibians. In addition, these areas
are particularly susceptible to fragmentation effects that can lead to further
deterioration of the area from exposure to wind and salt spray. Finally, the
cumulative impacts associated with this project are considered to be
unacceptable due to the almost complete removal of the maritime forest system
from Bogue Banks. It is our position that the natural state functions of
these wetlands, as stated above, provide important benefits to Bogue Sound and
Emerald Isle that would be adversely impacted by the proposed fill of 1.16
acres.
Based on the above, we have verified that Nationwide Permit No. 26 does
not apply to your present proposal as it has greater than minimal impacts to
the aquatic environment. Should you wish to pursue Department of the Army
(DA) authorization, you have the option of either applying for an individual
permit or modifying your proposal to minimize impacts as discussed above. A
modified proposal which minimizes wetland impacts should be submitted for our
preliminary review.
Q V
United States Department of the Interior
V1 M 71
7 0
FISH AND WILDLIFE SERVICE
?'4RCH a Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
TO:" ll?tu?r
J 14
? •c>.Q?u? o2s??
INSTANT REPLY _
WDE MMERN
P M??
AMERKA
M ¦
Please excuse this form. We thought you would prefer a speedy reply to a
formal letter. This is provided in response to your notification letter to
the U.S. Fish and Wildlife Service concerning Federally-listed endangered
and threatened species. This reply should be forwarded to the Corps of
Engineers Regulatory Branch.
Re:
C__
1c)boIg3
Date
Based on our records, there are no Federally-listed endangered or
threatened species which may occur within the project impact area.
The attached page(s) list(s) the Federally-listed species which
may occur within the project impact area.
If the proposed project will be removing pines greater than or equal
to 30 years of age in pine or pine/hardwood habitat, surveys should
be conducted for active red-cockaded woodpecker cavity trees in
appropriate habitat within a 1/2 mile radius of project boundaries.
If red-cockaded woodpeckers are observed within the project area or
active cavity trees found, the project has the potential to
adversely affect the red-cockaded woodpecker, and you should contact
this office for further information.
The Service concurs that the proposed project is not likely to
adversely affect Federally-listed endangered or threatened species,
their formally designated critical habitat, or species currently
proposed.for Federal listing under the Endangered Species Act, as
amended.
Staffing limitations prevent us from conducting a field inspection
of the project site. Therefore, we are unable to provide you with
site specific recommendations at this time.
Questions regarding the enclosed information should be directed to the Corps
of Engineers' regulatory staff member who is handling this project.
a Csn... T d r 1,12 ? A3
Biologis Date
CONCUR: 101281,13
n v r Date
a

ER
w . Received
Due
North Carolina Department of Cultural Resources
Janus B. Hunt, Jr.. Governor
Betty Ray McCain, Secretary
NATIONWIDE PERMIT REVIEW
CPPLICA Larry F. Baldwin
Land Management Group, Inc.
P.O. Box 2522
Wilmington, NC 28402
Project Location:
CARTERET/Emerald Isle
?y' 9905
Division of Archives and History
William S. Price. Jr., Director
Proposed Project: Fill 1.16 acres of isolated wetlands, Block 42 north
Emerald Isle Beach Area, off Coast Guard Road behind
Look Realty Co.
We have received the application for the above project from the AP is nt/Division of
Environmental Management and our comments are noted below.
Additional information is needed (maps, photographs, other)
No comment.
We have reviewed the requested information and have no comme t.
Signed .e.., - `
Renee Gledhill-Earley
Environmental Review Coordinator
State Historic Preservation Office
919/733-4763
Date / 1r ?3
cc: Wayne Wright, ACOE (if comment or need info)
21 OC T 17-33
109 East Jones Street • Raleigh, North Carolina 27601-2807 ?0
State of North Carolina
Department of Environment, AlFWAA
Health and Natural Resources • •
Division of Coastal Management
James B. Hunt, Jr., Governor ? C
Jonathan B. Howes, Secretary C
Roger N. Schecter, Director
November 8, 1993
Ms Paxon M. Holz
Executor, McLean Estate
106 Manatee Street, Cape Carteret
Swansboro, N.C. 28584
RE: COE ID# 199400271, Nationwide Permit Application for an activity located in Block 42,
in the Town of Emerald Isle, Carteret County.
Dear Ms-Hel?--?- p?
The North Carolina Division of Coastal Management has reviewed the above referenced application for
a Nationwide Permit dated October 10, 1993 pursuant to Section 307 of the Coastal Zone Management
Act of 1972 as amended. Based upon our review, we have determined that the proposed activity is
consistent with the North Carolina Coastal Management Program provided the following conditions are
met:
The activity described in the above referenced application qualifies to receive one of the
Nationwide Permits described in 33 CFR Part 330 with the exception of Numbers 17,
21, 24, and 34 which were found inconsistent with the North Carolina Coastal
Management Program.
2. A 401 Water Quality Certification is received, where required, from the North Carolina
Division of Environmental Management.
This letter does not relieve you of the responsibility to insure that all other State authorization and/or
permit requirements are met prior to implementation of the project. Please feel free to contact me at
[phone], Ext. 263, if you have any questions or need further assistance.
Sincerely,
00?
Charles S. Jones
District Manager
cc: Preston P. Pate, Jr.
Steve Benton, Consistency Coordinator
Wilmington District Engineer; ATTN: CESAW-CO-E
John Dorney, DEM/Raleigh
Larry Baldwin, Land Mgmt. Group
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier # 11-12-09
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 60% recycled/ 10% post-consumer paper
LAND MANAGEMENT GROUP, Inc.
Post Office Box 2252, Wilmington, N.C. 28402-2252, [phone]
Block 42 North, Emerald Isle
UPLAND DETERMINATION FORM
(Page 1 of 2)
Coordinator: Steve Chapin Time: 11:00 Date: 07/16/91 County: Carteret
Nearest Town: Emerald Isle Waterway: Bogue Sound
Quad: Swansboro Location: N. of Coast Guard Rd; Blk 42 North
PROPERTY OWNER: CONSULTANT DOING WORK:
Ms Paxon Holz Mr. Larry F. Baldwin, CPSS
W.B. McLean Estate Land Management Group, Inc.
106 Manatee Street P. 0. Box 2522
Cape Carteret, Swansboro, NC 28584 Wilmington, NC 28402-2522
Phone #: [phone] (0)
Phone #: [phone]
Other Individuals Present:
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
Is Property Uniform Or Separate Discrete X_ Vegetative Units.
VEGETATION: (In
TREES: Species-%
1. Long Leaf Pine
2. Live Oak
3. Loblolly Pine
4. Turkey Oak
5. Blackjack Oak
SAPLINGS/SHRUBS:
1. Wax Myrtle
2.
3.
4.
5.
order of dominance,
Cover-Indicator
20% FacUp
10% Fac/Up
20% Fac
10% Up
10% Up
15% Fac+
draw line above n
GROUND COVER: S
1. Braken Fern
2. Winged Sumac
3.
4.
5.
WOODY VINES
1. Virginia Cre
2. Grapevine
3. Poison Ivy
4. Green Brair
5.
6.
on-dominant species)
pecies-% Cover-Indicator
10% FacUp
10% Up
eper 10%
10%
10%
10 %
Up
Fac-
Fac
Fac
% OF DOMINANT SPECIES (Obl-Fac)_<50% OTHER INDICATORS:
HYDROPHYTIC VEGETATION: Yes No-X- BASIS: Up or Fac Vegetation >50%_
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
TYPICAL:_X_(Complete Below) ATYPICAL: (Complete Atypical Form)
SOILS:
Series: Fripp, Kureb, Corolla, and Pactolus Hydric Soils List: Yes_ No_X_
Mottled: Yes_X_ No Matrix Color: _10YR 6/3;_6/8_HYDRIC SOILS: Yes No_X_
BASIS:All wetness indicators >12"; Root pores free of oxidized stains; Low OM
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
HYDROLOGY
Inundated: Yes No-X- Depth Of Water: >12" - +80"
Saturated Soils: Yes_ No_X_ Depth To Saturation/Water-Table:->12 - +80"_
WETLAND HYDROLOGY: Yes No-X- BASIS: No wetness indicators <12"
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
ATYPICAL SITUATION: Yes No-X- NORMAL CONDITIONS: Yes-X- No
WETLAND DETERMINATION: Wetland Non-Wetland X
PHOTOS TAKEN: Yes No-X- AUTHORITY: 10 404 10/404 None_X_
JURISDICTION: Above Headwaters Isolated Adjacent NWP #
COMMENTS:
f
Prepared By: ?? ? Larry F. Baldwin, CPSS/SC 2183
LAND MANAGEMENT GROUP, Inc.
Post Office Box 2252, Wilmington, N.C. 28402-2252,
Block 42 North, Emerald Isle
WETLAND DETERMINATION FORM
(Page 2 of 2)
Coordinator: Steve Chapin
Nearest Town: Emerald Isle
Quad: Swansboro Location:
PROPERTY OWNER:
Ms Paxon Holz
W.B. McLean Estate
106 Manatee Street
Time: 11:00
N. of Coast
Cape Carteret, Swansboro, NC 28584
[phone]
Date: 07/16/91 County: Carteret
Waterway: Bogue Sound
Guard Rd; Blk 42 North
CONSULTANT DOING WORK:
Mr. Larry F. Baldwin, CPSS
Land Management Group, Inc.
P. 0. Box 2522
Wilmington, NC 28402-2522
Phone #: [phone] (0)
Phone #: [phone]
Other Individuals Present:
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
Is Property Uniform Or Separate Discrete_X Vegetative Units.
VEGETATION: (In order of dominance,
TREES: Species-% Cover-Indicator
1. Sweetbay 10% FacW
2. Blackgum Wet 20% Obl
3. Red Bay 15% Fac+
4. Black Willow 10% FacW+
5. Red Maple 20% FacW+
SAPLINGS/SHRUBS:
1. Wax Myrtle 20% Fac
2. Titi 15% FacW+
3. Fetterbush 15% FacW+
4. Sweet Gallberry10% FacW
5.
draw line above non-dominant species)
GROUND COVER: Species-% Cover-Indicator
1. Royal Fern 10% Obl
2. Cinnamon Fern 10% FacW+
3. Netted Chain Fern 10% Obl
4.
5.
WOODY VINES:
1. Cat Briar 5% Fac+
2.
3.
4.
5.
% OF DOMINANT SPECIES (Obl-Fac)_>50% OTHER INDICATORS:
HYDROPHYTIC VEGETATION: Yes_X_ No BASIS: >50% Hydric Vegetation
----------------------
-------------------------------------------------
TYPICAL:_X_(Complete Below) ATYPICAL: (Complete Atypical Form)
SOILS:
Series: Duckston; Pactolus-Wet On Hydric Soils List: Yes_X_ No_
Mottled: Yes_X_ No_ Matrix Color:_10YR 2/1 & 7/2 HYDRIC SOILS: Yes_X_ No
BASIS: Dominant chroma <2 matrix & <2/2 surface colors; High OM surfaces.
HYDROLOGY:
Inundated: Yes_X_ No_X_ Depth Of Water: <12" from surface
Saturated Soils: Yes_X_ No_ Depth To Saturation/Water Table: <12"
WETLAND HYDROLOGY: Yes X No BASIS: Wetness indicators <12"
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
ATYPICAL SITUATION: Yes No_X_ NORMAL CONDITIONS: Yes_X_ No
WETLAND DETERMINATION: Wetland X Non-Wetland
PHOTOS TAKEN: Yes No_X_ AUTHORITY: 10 404_X_ 10/404 None
JURISDICTION: Above Headwaters Isolated-X_ Adjacent=X_
COMMENTS:
Prepared icy: ? Larry F. Baldwin, CPSS/'SC 2183
eor
y
? _.. ..._.. ... .. .•v. . ?h: ???"5 ,r,"••?!????'..^:?:.?.. ,"ray., . .. a•
-Ta <6
I Prepared by John H. Phill ey, Morehead City, N. C.
W. B. McT,a-an Estate
106 Manatne Street
8wansboro. NC 26584
i NORTH CAROLINA
CARTERET COUNTY
THIS DEWn. Made this 2nd day of. October, 1992, l:y and be-
tween Martha L. Howe, Single, individually, and Martha L. Nowe,
hxecutrix of the EstAte oC Louise Meftchan Spe-11; Robin Ricker
Herring and husbane. Edwin Herring; Georgia Leon )ticks Murray end
hurhend Paul Murray; Rhett' Howe Ricks, Single, an6 M. novglai;
Got.nes, Guardian Ad litem for Alexandra Susanne H!rriog, minor,
and Ashley Grace Herring, minor, of Carteret County, North
Caroline, here4.nnfter, whuthcr one or more persona, a corporation
or partnership, referred to as the Grantor; and The W. B. 3cLean
Rotate, of Carteret County, North Carolina, hereinafter, whuthcr
one or more persons, a corporation or partnnrahip, referred to as
the Grantee (it b^'ng fully understood and agreed that any pronoun
or other word used heroin shall be construed as singu:4r or
plural, and of the masculine, feminine., or neuter gender, as the
enntaxt may indicate or require);
W t T N G 3 S E T H 1
THAT TRr; GRANTOR, for a valuable consideration paid by the
Grantee, the- receipt of which is hereby acknowledged, has bar.-
gained and sold, and by those presents does hereby grant, bargain,
sell and convey to the Grantee, Grantee's heirs, atwesseor+s slid
nnpignA. All of fleantarea inearsst in that certain tract or P^reol
of land situate in White Oak Township, Carteret County$ North
Carolina, and more particularly described as follow;.:
TRACT 1: Beginning at the point of intersection of the north
r gghtt-of-way line oC Coast Guard Road, and east block line of
islock 43 (also known its Block 330 on Map nook 3, page 36), said
beginning point being further identified as the point of intereec-
tton of the north rtght-of-way. line of Coast Guard load and the
western block line of alock 320 of that commercial subdivision as
shown on that map of record in Map Book 8 page $2, Carteret
County Registry; and running thence from said point of beginning
along the common line between Block 43 (330) an Block 42 (320). N.
05° 35' 21" W. 710.89 feet to a point which also marks the south
right-of-.say line of 'teed nrive Extension (unimproved); thence
along said south right-of-wt line of Reed Drive Extenal9n, a
curve to the let:t (in a southerly direction) having a r&44,us of
.4 M
BOOK- PAGE_()
a ,.
ee
.O, A 00 feet to Ch angle of 20" 04' 2)t', en arc
Q0„ W. lonfiY dhlCa en
694 khence 24 north right-of-v Une of roast Gtfata nce0of
£ the north right-of-way p Coeat Guard Road S. 37u 241
having a4.91 feat to n point of curvature of a curve to
arc i.st n ei of of 289.54 feat the right
251.29 foet eo athedelta p angle of n490 g 43' of .said 3911 an
aid
c'i rv+'i thence continuing along Point of ten e
Covet Cuard R 07 39 W. arth r_ _ 8 ncy of
bnrinning• This ' S 87 r ?? the 120.14 yet o CO f the lira of
tract ?onCains 1 4P• -area. reef Point of
nt of
iRACr Q; Aerinnin
set rote the poin 8 ft a Point lotae%d N. OS!'
Of Coast Guard Road intersection of the 351 21,. _ 855.59
and the ght-bfw
ning thence from said tint oast ,no of Block 43 (g30 eY Iinr,.
cween Moak 43 s P f beginnins along tha b )i and r-
run-
Lee N. OS° 35' 21eki11ine be be-
c to a point in thenweBrtori 42 (32U),
th"ce hell along said ri.sht_,o f-Ha ght-of-way line of N.O. High 758.75
continuing along trhe weatiri S. 0811 21' line 107.54 feet!
5K along; y curve to hhe left havi g r way linof a
e O Of N.C. Ri Highway
delta angle of /.3" Pol 35" .'an e radius 3 1771.02
t.ntar.section of the west rightof-wdistance of 1339.74 feet to tf the 58 and
the north right-oE-way line Of aY ,no of N.G.
north righC-oLwwa o? Coast Guard Road; t Hi hwa
150.00 feet to the line of. Goer Guard Road S. 3j?g24Rlon$?the
line of Read nzive pFxCengio ?eaeotiOn of the• 00 W.
way
Coast Guard Road and the north right-of-way line Drive 8xtenei.ot, a thence along the, north ri ht,o of
feet?eq del t:n annlccof 2337' 33ri&ht having aradius line 1921e02
t point of. 608 inning. This tract Containsa3.45of 792.13 feet
anlQA.
Said tracts being more particularly shown on the Survey For Block
42 W. Exhibit 8?q?+MeLean
Estate, Mated July 2, 1991
attached hereto an
pri•vllegT HAVE aND TO DOLD said tract or parcel of land, and all
ppnr.CengneCa thereunto
appertaining th belonging or in any way
42431;ns. fa FGt eVa r. the said Grantees Grantees heirs, 8U000GGOre and
IN TESTIHONY WHEREOF; the Grantor has her*unto get
Grantor's hand and se91, the day and yens first above wri-ten.
? Y
''00

State of North Carolina
Department of Environment,
Health and Natural Resources ??.
Division of. Environmental Management -?I
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary E:) E H N
A. Preston Howard, Jr., P.E., Director
December 8, 1993
Ms. Paxon M. Holtz,
Exec. McLean Estate
106 Manatee Street
Cape Carteret, N.C. 28584
Project #93894
Carteret County
Dear Ms. Holtz:
The Division of Environmental Management, Water Quality
Section has reviewed your plans for wetland fill for 1.16 acres
of water and wetlands at Block 42 North in Carteret County for
residential and commercial development. Based on this review, we
have identified significant uses which would be removed by this
project. These are water storage, aquatic life and wildlife
habitat. Furthermore, insufficient evidence is present in our
files to conclude that your project must be built as planned.
Therefore, we are moving toward denial of your 40.1 Certification.
Please provide us with information supporting your position
that your project must be constructed in wetlands. Specifically
can you construct your residential and commercial fill. A plan
showing lot locations is also required by DEM to complete our
evaluation. Any documentation such as maps and narrative which
you can supply to address upland alternatives may be helpful in
our review of your 401 Certification. I understand that the U.S.
Army Corps of Engineers has determined that an individual permit
will be required for this fill. If you still pursue this fill,
the information outlined aboved will still be required.
If you have any questions, please call me at 919/733-1786.
Sincerel ,
L
93894.wet
cc: Wilmington DEM Regional Office
John Parker, Coastal Management
Scott McLendon, Wilmington Office COE
Larry Baldwin; Land Management Group
Winston Smithwick, Jr.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
DEC ' ? '?
U
u
WFTI ANnS GROI IP
November 23, 1993
PO Box 4758
Emerald Isle, N. C. 28594
NC Division of Environmental Management
Water Quality Planning
PO Box 29535
Raleigh, NC 27626-0535
Dear Sir:
This is to advise that I am in opposition to the request by Ms Paxon Holz to fill
wetland in block 42 of the beach area of Emerald Isle. I feel that it is necessary
to leave the existing wetland in order to allow the underground water supply to
be replenished.
The subject of this request is the heir of the Mclean estate, one of the two
original developers of the island. The family has fully developed this island as a
business investment and has contributed to the high density residential lot
development. They have done quite well however, will have to be regulated to
preventAb total exploitation of the island and their investment. For them its a
business, for us it a matter of health and living standards. The very people that
the Federal Clean Water Act was designed to protect.
In view of the above, I would call upon you to resist the pressure to
commercialize and to allow the wetland to remain untouched.
Your attention to this matter is appreciated.
Sincerely,
Winton C. Smithwick, Jr.
?1
Hydrologically connected
e (select one)
Wetland t U- Other •
yp
Ur Swamp forest ? Shoreline •
? Bottomland hardwood forest ? Brackish marsh
? Carolina bay ? Freshwater marsh
C) Pocosin ? Bo Fen
? Pine savannah ? Ephemeral wetland
? Wet flat
The rating system cannot be applied to salt marshes.
.....•••••.••••••••••••• •Sum••••••••. •.•••••s••.••••.•.•••
Water storage _> ;»:<:»::>:»»>::::
?- .._ •
Bank/Shoreline stabilization
-
4.00
Pollutant removal .....
•

Sensitive watershed .... x 1.50 Wetland score.
Travel corridor

Special ecological attributes
: •
f
Wildlife habitat »>><> x 1.50
.::.:: :::<«<:::>:<:>:
::.:...... . e
Aquatic life value
.
Recreation/Education
>' :< x 0.25
Economic value
s 49
•
•
• • • . • . •
Project name` ' Nearest road
County Wetland area acres Wetland width feet
Date t 7
Name of evaluator
i,

MEMORANDUM PRINT NAMES:
Reviewer:
'- v TO: John Dorney WQ Supv.:
Planning Branch DATE: 4(?3-93
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR. NOT APPLICABLE) ***
PERMIT YR: 93 PERMIT NO: 0000894 COUNTY: CARTERET
APPLICANT NAME: PAXON M. HOLZ - MCLEAN ESTATE
PROJECT TYPE: RESIDENTIAL/COMMERCI PERMIT-TYPE: NW26
COE_#: DOT-#:
RCD_FROM_CDA: APP DATE_FRM_CDA: 10/20/93
REG_OFFICE: WIRO RIVER-AND-SUB-BASIN-#: e)3 os (D/
STREAM_CLASS : vU/
WL_IMPACT? : ON
WL_REQUESTED :
WL SCORE (# ):
HYDRO CNECT?: Y/O
STR_INDEX_NO : Ju- 3? - (6 S
WL_TYPE : 0 Ttl
WL_ACR EST?: VN
WATER IMPACTED BY FILL?: Y/LV
MITIGATION?: Y/p
MITIGATION TYPE: ,vl)l- MITIGATION_SIZE:14/
IS WETLAND RATING SHEET ATTACHED?: ON
RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY
COMMENTS : /s xo-4
. •.?T/,?- ?,_ ? /? -yam-/_
1.tirP??.c?-r.? /?,??-e?f?Z, ???G-?-L •?i-o--? .?--? o ?G? ?`?-'' =?j?????
I

cc: Regional Office
Central Files
ITV 2 9 1993
Y
y

Bost Cl)ace fox 2,522
Wdmv?, AoWA Vxudmui 28402
doW,pe-45,2-000Y
II L)
ty./&d

994,& 0
ow 99&/,/. a. .DSOs owl .
OCTOBER 10, 1993 909 .116 ,28403
SUBJECT: NWP #26 FOR FILL 1.16 Acres OF ISOLATED 404 WETLANDS
WITHIN BLOCK 42 NORTH, EMERALD ISLE BEACH AREA. LOCAT-
ED NORTH OFF COAST GUARD ROAD, BEHIND LOOK REALTY
COMPANY, WHITE OAK TOWNSHIP, EMERALD ISLE, CARTERET
COUNTY, NORTH CAROLINA.
TO WHOM IT MAY CONCERN:
PLEASE FIND THE ENCLOSED NWP #26 FILL PERMIT REQUEST FOR CORPS OF
ENGINEERS, NCDEH&NR, AND YOUR DEPARTMENTS' REVIEW. YOUR AGENCY'S
REVIEW, COMMENTS, AND/OR APPROVAL IS NEEDED AS PART OF OF THIS
APPLICATION REQUEST FOR PROPOSED FILL/EXCAVATION IMPROVEMENTS
WITHIN 404 WETLAND AREAS.
THIS NWP #26 REQUEST IS FOR 1.16 Acres OF FILL WITHIN ISOLATED
404 WETLANDS. THE FILL IS NECESSARY FOR DEVELOPMENT OF A RESI-
DENTIAL.PROJECT WITH ACCESS AND WASTE TREATMENT SYSTEMS. IT IS
NOT POSSIBLE TO AVOID THE ISOLATED 404 WETLANDS WITH THE PROPOSED
DEVELOPMENT DESIGN AND STILL ALLOW AREA FOR WASTE TREATMENT AND
COMPLIANCE WITH LOCAL PLANNING & ZONING REQUIREMENTS. THE TRACT
HAS A TOTAL OF 1.41 Acres OF 404 WETLANDS, OF WHICH 1.16 Acres OF
ISOLATED WETLANDS ARE PROPOSED TO BE FILLED, WITH THE BALANCE OF
404 WETLANDS (0.25 Acres) NEAR BOGUE SOUND TO BE LEFT UNDIS-
TURBED.
YOUR IMMEDIATE ATTENTION TO THIS APPLICATION WILL BE APPRECIATED.
IF' THERE ARE ANY QUESTIONS OR MORE INFORMATION IS NEEDED PLEASE
DO NOT HESITATE TO CALL OR WRITE.
SINCERELY,
LARRY F. BALDWIN, CPSS/SC
Y
t
5. LOCATION OF PLANNED WORK (ATTACH MAP).
evP 7`' / y
COUNTY: C6,T111
NEAREST TOWN OR CITY: E 7/7 2 J Pa
SPECIFIC LOCATION (INCLUDE ?ROAD NUMBERS, ,L.C LANDMARKS, ETC.) : G «. 5?
o FVpI J 4- /re P-i J* 4/ G,,-f6 c nn.r G mor /Q?./•
mil"'?a c /-r n m Yin Lf P X I in %/ Z?G d /r V Prx
6. NAME OF CLOSEST STREAM/RIVER: n4 u Scu.. .
_-?
7. RIVER BASIN: 0 a e So u h d ` 74- le/,.7 f /'c d o PG h
.8. IS THIS PROJECT LOCATED IN A WATERSHED _CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I,, OR WS II? YES [ ] NO
9. HAVE ANY SECTION 404 PERMITS BEEN REV OUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2/3/92
Telephone [phone],/
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
DEM ID: I
ACTION ID:
JOINT-APPLICATION FORM FOR :
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION.TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
,:NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF' THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. BOX 1890 AND NATURAL RESOURCES
WILMINGTON, NC 28402-1890 P.O. BOX 29535
ATTN: CESAW-CO-E RALEIGH, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY
1. OWNERS NAME: )4)a V e,07 /-/'E L 9-4h ST 474e
2. OWNERS ADDRESS: O6 1'7a q Po- 7-,
Cwt d t? C?+v 7'`'cotrp 7` , ??'wa H ,r s v1 C. 2. R•.S'R'
T?^
3. OWNERS PHONE NUMBER (HOME) : (WORK) : c-y3 73
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,-ADDRESS,
PHONE NUMBER: P v /ot,, * !__..a h I /Lln f, G v a u ?., c
O- •! ex 25'21-?.- c? 7- (y
W-7 4x- 5'2--Ao a

-2-
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: / • / 6 /`F?
DRAINED:
' FLOODED : `
EXCAVATED:
TOTAL IMPACTED: - / 6
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS):Z F•// z"el
aT
Res of es. ej- e- k A
13. PURPOSE OF PROPOSED WORK:

14, STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. we fa size a'r fve• e-7(- r- /e c a f fa?+ o'lc w e7?/eia.,•?C
ct000 S'•S dove
?e A " i rc«n m r-
ti FISH AND 15. YOU ARE REQUIRED CONTACT THE (NMFS)LREGARDINGCTHE PRESENCE
(USFWS)•AND/OR NATIONAL L MARINE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA T AT MAYO [E,AFF?°T f?
PROPOSED PROJECT. HAVE YOU DONE SO? YES
RESPONSES FROM THE USFWS AND/OR NMFS SHOUL BE ATTACHED.
16. YOU ARE REQUIRED TO CONTACT HSTORICEPROPERTIESP NSTHEAPERMITFAREA WHICH
(SHPO) REGARDING THE PRESENCE 0
MAY BE AFFECTED BY THE PROPOSED PROJECT? YES NO [ 1 ?° fig
HAVE YOU DONE SO?
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
1?. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
14_/ A. B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
INCLUDE ALL DATA SHEETS
v C. IF DELINEATION WAS PERFORMED THE DELINEATION CONSULTANT, E•
RELEVANT TO THE PLACEMENT
C/ D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
C.Ol?I i?t Prrc %oR /
COPY. /E. WHAT IS LAND USE OF SURROUNDING PROPERTY? es ;Ole ?. /0
4a
F. IF APPLICABLE WHAT IS PROPQSED METHOD a SEWAGE DISPOSAL?
h - .S ; ? e• ?r.s? T ?
" ? DA E
0i ER SS S GNATURE
gent
Post Office Box
LAND MANAGEMENT GROUP, Inc.
2252, Wilmington, N.C. 28402-2252, [phone]
Block 42 North, Emerald Isle
UPLAND DETERMINATION FORM
(Page 1 of 2)
Coordinator: Steve Chapin Time: 11:00 Date: 07/16/91 County: Carteret
Nearest Town: Emerald Isle Waterway: Bogue Sound
Quad: Swansboro Location: N. of Coast Guard Rd; Blk 42 North
PROPERTY OWNER: CONSULTANT DOING WORK:
-Ms Pakon Holz Mr. Larry F. Baldwin, CPSS
W.B. McLean Estate Land Management Group, Inc.
106 Manatee Street P. 0. Box 2522
Cape Carteret, Swansboro, NC 28584 Wilmington, NC 28402-2522
Phone #: [phone] (0)
Phone #: [phone]
Other Individuals Present:
Is Property Uniform Or Separate Discrete X_ Vegetative Units.
VEGETATION: (In
TREES: Species-%
1. Long Leaf Pine
2. Live Oak
3. Loblolly Pine
4. Turkey Oak
5. Blackjack Oak
SAPLINGS/SHRUBS:
1. Wax Myrtle
2.
3.
4.
5.
order of dominance, draw line above non-dominant species)
Cover-Indicator GROUND COVER: Species-% Cover-Indicator
20% FacUp 1. Braken Fern 10% FacUp
10% Fac/Up 2. Winged Sumac 10% Up
20% Fac 3. ti
10% Up 4.
10% Up 5.
WOODY VINES
15% Fac+ 1. Virginia Creeper 10% Up
2. Grapevine 10% Fac-
3. Poison Ivy 10% Fac
4. Green Brair 10 % Fac
5.
6.
% OF DOMINANT SPECIES (Obl-Fac)_<50% OTHER INDICATORS:
HYDROPHYTIC VEGETATION: Yes No_X_ BASIS: Up or Fac Vegetation >50%_
----------------------------------------------------------------
TYPICAL:_X_(Complete Below) ATYPICAL: (Complete Atypical Form)
SOILS:
Series: Fripp, Kureb, Corolla, and Pactolus Hydric Soils List: Yes_ No_X_
Mottled: Yes_X_ No Matrix Color:_10YR 6/3;_6/8_HYDRIC SOILS: Yes No_X_
BASIS:All wetness indicators >12"; Root pores free of oxidized stains; Low OM
HYDROLOGY:
Inundated: Yes No_X_ Depth Of Water: >12" - +80"
Saturated Soils: Yes_ No-X- Depth To Saturation/Water Table:->12 - +80"_
WETLAND HYDROLOGY: Yes_ No-X- BASIS: _No wetness indicators <12"
ATYPICAL SITUATION: Yes No-X- NORMAL CONDITIONS: Yes-X- No
WETLAND DETERMINATION: Wetland Non-Wetland X_
PHOTOS TAKEN: Yes No_X_ AUTHORITY: 10 404 10/404 None_X_
JURISDICTION: Above Headwaters Isolated Adjacent NWP #
COMMENTS:
y
Prepared By: Larry F. Baldwin, CPSS/SC 2183
.
LAND MANAGEMENT GROUP, Inc.
Post Office Box 2252, Wilmington, N.C. 28402-2252, [phone]
Block 42 North, Emerald Isle
WETLAND DETERMINATION FORM
(Page 2 of 2)
Coordinator: Steve Chapin
Nearest Town: Emerald Isle
Quad: Swansboro Location:
PROPERTY OWNER:
Ms Paxon Holz
W.B., McLean Estate
106 Manatee Street
Time: 11:00
N. of Coast
Cape Carteret, Swansboro, NC 28584
Phone #: [phone]
Other Individuals Present:
Date: 07/16/91 County: Carteret
Waterway: Bogue Sound
Guard Rd; Blk 42 North
CONSULTANT DOING WORK:
Mr. Larry F. Baldwin, CPSS
Land Management Group, Inc.
P. 0. Box 2522
Wilmington, NC 28402-2522
Phone #: [phone] (0)
--------------------------------
Is Property Uniform Or Separate Discrete_X Vegetative Units.
VEGETATION: (In order of dominance,
TREES: Species-% Cover-Indicator
1. Sweetbay 10% FacW
2. Blackgum Wet 20% Obl
3. Red Bay 15% Fac+
4. Black Willow - 10% FacW+
5. Red Maple 20% FacW+
SAPLINGS/SHRUBS:
1. Wax Myrtle 20% Fac
2. Titi 15% FacW+
3.'Fetterbush 15% FacW+
4. Sweet GallberrylO% FacW
5.
draw line above non-dominant species)
GROUND COVER: Species-% Cover-Indicator
1. Royal Fern 10% Obl
2. Cinnamon Fern 10% FacW+
3. Netted Chain Fern 10% Obl
4.
5.
WOODY VINES:
1. Cat Briar 5% ,Fac+
2.
3.
4.
5.
% OF DOMINANT SPECIES (Obl-Fac)_>50% OTHER INDICATORS:
HYDROPHYTIC VEGETATION: Yes_X_ No BASIS: >50% Hydric Vegetation
----------------------
----------
TYPICAL:_X_(Complete Below) ATYPICAL: (Complete Atypical Form
SOILS:
Series: Duckston; Pactolus-Wet On Hydric Soils List: Yes_X_ No
Mottled: Yes_X_ No_ Matrix Color:_10YR 2/1 & 7/2 HYDRIC SOILS: Yes_X_ No_
BASIS: Dominant chroma <2 matrix & <2/2 surface colors; High OM surfaces.
HYDROLOGY:
Inundated: Yes_X_ No_X_ Depth Of Water: <12" from surface
Saturated Soils: Yes_X_ No Depth To Saturation/Water Table: <12"
WETLAND HYDROLOGY: Yes_X_ No BASIS: Wetness indicators <12"
------------------------------
ATYPICAL SITUATION: Yes No_X_ NORMAL CONDITIONS: Yes_X_ No
WETLAND DETERMINATION: Wetland-X_ Non-Wetland
PHOTOS TAKEN: Yes No_X_ AUTHORITY: 10 404_X_.10/404 None
JURISDICTION: Above Headwaters Isolated-X_ Adjacent _X_
COMMENTS:
Prepared Icy: ? Larry F. Baldwin, CPSS/SC 2183
? ( a ?! a tiny, i ?$. J{?, Y ?s ? .: t •? ,,,t?

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;:NORTH CAROLINA OMSION OF .j
ENVIRONMENTAL MANAGEMENT
s PUBUG ; NOTICE is ,Ipereby g1ven1
that Ms.. Paxora: Hotz near.Emerald
Isle, North`Carollna,'has applied to,
the North Carolina. Division of Envi-
ronmental Management for a Water;,
Quality Certification pursuant to Sec-:
tion 4b1 of the Federal Clean Water
Act and Environmental Management
Commis ri rules of 15A NCAC 2H
.0500 and ;15A NCAC 26 .0109."
The activity for which the. 6ertifica-1
lion Is sough by Ms. Paxon Holz to :'
fill 1.16 acres of wetland In Block
42, Emerald Isle Beach area,for res--
idential developmenU. in Carteret
County. The public is invited to com "
ment on- the above mentioned ap-
plication to the .Division of Envi-
ronmental Management:. Comments
tshall n writing and shall be re
sion no later than
r 8, 93: Comments
e; 'to' N:C. "Division of.
tai Management, water I
Quality; Planning, Post Office Box
29535;- Raleigh,`-North : Carolina?
27626-0535, Attention: John Dor-'
ney. A copy of the application is on
file at the Division office at 127 Car- "
dinal Drive Extension, Wilmington,;
North Carolina 28405-3845 ,(Wilm-.
ington =. Regional. Office .' (910)`
395 3900; Fax' (910),350-2004)
during normal `business hours and
may, be inspected by the public.'.
A. Preston Howard, Jr.,'
Directors
N.C. Division of ?
Environmental Management
Date: November 15, 1993
November 22, 1993
?t?tinutrrrJr,
I
a
?r'?tZi EEttt ivt'?ls
NORTH CAROLINA RECEIVED
ONSLOW COUNTY
NOY 2 9 '93
AFFIDAVIT OF PUBLICATION
D.EM BUDGET OFFICE
Before the undersigned, a Notary Public of said County and State,
duly commissioned, qualified, and authorized by law to administer
oaths,
OTIS GARDNER
personally appeared __ _-___________________________
------- -------------------------------- who being
first duly sworn, deposes and says: that he (she) is -----------------
BUSINESS MANAGER
- --------------------------------------------------
(OWNER, PARTNER, PUBLISHER, OR OTHER OFFICER OR EMPLOYEE
AUTHORIZED TO MAKE THIS AFFIDAVIT%
of THE JACKSONVILLE DAILY NEWS COMPANY, engaged in the
publication of a newspaper known as THE DAILY NEWS, published,
issued, and entered as second class mail in the City of Jacksonville,
in said County and State; that he (she) is authorized to make this af-
fidavit and sworn statement; that the notice or other legal adver-
tisement, a true copy of which is attached hereto, was published in
THE De?erE 22 o 1t?i6following dates:
- -- -- - ---------------------
and that the said newspaper in which such notice, paper, document,
or legal advertisement was published was, at the time of each and
every such publication, a newspaper meeting all of the requirements
and qualifications of Section 1-597 of the General Statutes of North
Carolina and was a qualified newspaper within the meaning of Sec-
tion 1-597 of the Genomol Statutes of North Carolina.
This 23rd
93
19
OF PERSON MAKING AFFIDAVIT)
Sworn to and subscribed before me, this 23rd day of
November _ _ !?3 1
/ "NOTARY PUBLIC V
/ p
My Commission expires: /?

1

CLASSIFIED AD INVOICE
-yam- -THIS IS
Jl it 3334
. AN ACCOMMODATION INVOICE. PLEASE PAY PROMPTLY
111.1 SERVICE CNARGE ON RETURNED CHECKS

NEWSis not responsible log more than one incorrect insertion. All
The DAILY
claims must be made within 5 days.
LINES TIMES `-AMOUNT
43 1 3151
.?F
INCHES WORDS AGATES
4.1E 4_?
PHONE CLERK
99.47 ?. 7I?i15 AT4
INDEXING TERMS:
WRTH ra n vr;TnPa OF FtW
AD GIVEN BY CLASSIFICATION
7
CODE SOLICITED OPERATOR
L %,, AT4
START DATE STOP DATE SKIP SCHEDULE
11-12219? 11 22 93
MAIL COPY

V C't?' 7' i^1 A .1•rl'?^yFr .ftt he ;.d y."°tL S`?.C"'T- `l.= i*.+. Y i lT 4 J°? -

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IMPORTANT
To
Date Time
WHILE YOU WERE OUT
M
of
Phone
AREA CODE NUMBER EXTENSION

Message
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Signed
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
D, Printed on Recycled Paper
N.C. Dept. of Environment, Health, and Natural Resources

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr„ P.E., Director
AIF
, 05AAA
FD F= F1
November 15, 1993
Jacksonville Daily News
Carteret County Bureau
Route 2, N.C. 24
Cedar Point Village
Emerald Isle, N.C. 28557
ATTN: Legal Ad Department
Dear Sir:
SUBJECT: Public Notice
Please publish the attached Public Notice one time in the
section set aside for Legal Advertisements in your newspaper.
The publication should run on or before November 22, 1993. Please
send the invoice for publication and three copies of the
affidavit of publication to the address given below. Payment
cannot be processed without the affidavit of publication.
N.C. Division of Environmental Management
Water Quality Section
Post Office 29535
Raleigh, North Carolina 27626-0535
Attn: John Dorney
If yo-- have any questions concerning this matter, please call
me at 919/733-1786.
Sincerely,
jacksonl.pub
cc: John Dorney
Wilmington DEM
Larry Baldwin;
- -=John Dorney
Wetlands Technical Review Group
Region Office
Land Management Group
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
.rte ? •,.?,
NORTH CAROLINA DIVISION OF ENVIRONMENTAL
MANAGEMENT
PUBLIC NOTICE is hereby. given that Ms. Paxon Holz near Emerald
Isle, North Carolina, has applied to the North Carolina Division of
Environmental Management for a Water Quality Certification pursuant
to Section 401 of the Federal Clean Water Act and Environmental
Management Commission rules in 15A NCAC 2H .0500 and 15A NCAC 2B
.0109. The activity for which the certification is sought by Ms.
Paxon Holz to fill 1.16 acres of wetlands in Block 42, Emerald Isle
Beach area for residential development in Carteret County.
The public is invited to comment on the above mentioned application
to the Division of Environmental Management. Comments shall be in
writing and shall be received by the Division no later than
December 8, 1993. Comments should be sent to N.C. Division of
Environmental Management, Water Quality Planning, Post Office Box
29535, Raleigh, North Carolina 27626-0535, Attention: John Dorney.
A copy of the application is on file at the Division office-at 127
Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
(Wilmington Regional Office [phone]; Fax # [phone])
during normal business hours and may be inspected by the public.
A. Preston Howard, Jr.
Director
N.C. Division of
Environmental Management
DATE: November 15, 1993
State of North Carolina
Department of Environment, &IFFMA,
Health and Natural Resources • •
Division of Coastal Management
James B. Hunt, Jr., Governor E:) C
Jonathan B. Howes, Secretory C
Roger N. Schecter, Director
November 8, 1993 D L?
Ms Paxon M. Holz .. , I
' lar ?,y
Executor, McLean Estate 1
i
106 Manatee Street, Cape Carteret AtIIGROUP
ION K
Swansboro, N.C. 28584
RE: COE ID# 199400271, Nationwide Permit Application for an activity located in Block 42,
in the Town of Emerald Isle, Carteret County.
Dear Ms_K4 - Pp„`
The North Carolina Division of Coastal Management has reviewed the above referenced application for
a Nationwide Permit dated October 10, 1993 pursuant to Section 307 of the Coastal Zone Management
Act of 1972 as amended. Based upon our review, we have determined that the proposed activity is
consistent with the North Carolina Coastal Management Program provided the following conditions are
met:
The activity described in the above referenced application qualifies to receive one of the
Nationwide Permits described in 33 CFR Part 330 with the exception of Numbers 17,
21, 24, and 34 which were found inconsistent with the North Carolina Coastal
Management Program.
2. A 401 Water Quality Certification is received, where required, from the North Carolina
Division of Environmental Management.
This letter does not relieve you of the responsibility to insure that all other State authorization and/or
permit requirements are met prior to implementation of the project. Please feel free to contact me at
[phone], Ext. 263, if you have any questions or need further assistance.
Sincerely,
Charles S. Jones
District Manager
cc: Preston P. Pate, Jr.
Steve Benton, Consistency Coordinator
Wilmington District Engineer; ATTN: CESAW-CO-E
John Dorney, DEM/Raleigh
Larry Baldwin, Land Mgmt. Group
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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OCTOBER 10, 1993 9"A& ,.iU`6 2MO3
SUBJECT: NWP #26 FOR FILL 1.16 Acres OF ISOLATED 404 WETLANDS
WITHIN BLOCK 42 NORTH, EMERALD ISLE BEACH AREA. LOCAT-
ED NORTH OFF COAST GUARD ROAD, BEHIND LOOK REALTY
COMPANY, WHITE OAK TOWNSHIP, EMERALD ISLE, CARTERET
COUNTY, NORTH CAROLINA.
TO WHOM IT MAY CONCERN:
1
PLEASE FIND THE ENCLOSED NWP #26 FILL PERMIT REQUEST FOR CORPS OF
ENGINEERS, NCDEH&NR, AND YOUR DEPARTMENTS' REVIEW. YOUR AGENCY'S
REVIEW, COMMENTS, AND/OR APPROVAL IS NEEDED AS PART OF OF THIS
APPLICATION REQUEST FOR PROPOSED FILL/EXCAVATION IMPROVEMENTS
WITHIN 404 WETLAND AREAS.
THIS NWP #26 REQUEST IS FOR 1.16 Acres OF FILL WITHIN ISOLATED
404 WETLANDS. THE FILL IS NECESSARY FOR DEVELOPMENT OF A RESI-
DENTIAL.PROJECT WITH ACCESS AND WASTE TREATMENT SYSTEMS. IT IS
NOT POSSIBLE TO AVOID THE ISOLATED 404 WETLANDS WITH THE PROPOSED
DEVELOPMENT DESIGN AND STILL ALLOW AREA FOR WASTE TREATMENT AND
COMPLIANCE WITH LOCAL PLANNING & ZONING REQUIREMENTS. THE TRACT
HAS A TOTAL OF 1.41 Acres OF 404 WETLANDS, OF WHICH 1.16 Acres OF
ISOLATED WETLANDS ARE PROPOSED TO BE FILLED, WITH THE BALANCE OF
404 WETLANDS (0.25 Acres) NEAR BOGUE SOUND TO BE LEFT UNDIS-
TURBED.
YOUR IMMEDIATE ATTENTION TO THIS APPLICATION WILL BE APPRECIATED.
IF' THERE ARE ANY QUESTIONS OR MORE INFORMATION IS NEEDED PLEASE
DO NOT HESITATE TO CALL OR WRITE.
SINCERELY,
OCT 2 o 1993
WETLANDS GROUP 9j
WATER .. uPiirrs?cr?rl
LARRY F. BALDWIN, CPSS/SC
? 9 .
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF' THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. BOX 1890 AND NATURAL RESOURCES
WILMINGTON, NC 28402-1890 P.O. BOX 29535
ATTN: CESAW-CO-E RALEIGH, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone],33
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
ACTION ID:
JOINT-APPLICATION FORM FOR

DEH ID:
1. OWNERS NAME: 7' lay d ?'i / /' • a 12 2!?X 12 G , c L sati GcS ??r7?e
2. OWNERS ADDRESS:
c
3. OWNERS PHONE NUMBER (HOME): (WORK): 17 /- 3 y3 - z 2 9
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL.-ADDRESS,
PHONE NUMBER :
• , O • e x 2 5,21.2x-
W/ //Iw i H h T7f a. . N` 1- (y
Q O? 1
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: P1 IL
PvP ?`
NEAREST TOWN OR CITY: f' p" P •-? / 7
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): C K
7?0 e'tP^Er%pU -'Z-,r /P ,` TA/ e .ii%9?7'L ate,-t,5 Ca?,r G- mnvr
?7-rc i t n n Y .., t A P I in [-o d fr- A rew
6. NAME OF CLOSEST STREAM/RIVER: aq ue SQe, tI
7. RIVER BASIN: o a e Sa a h d 7?' /c+ ?, f .'c d o &0 vi
8. IS THIS PROJECT LOCATED IN A WATENSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I,. OR WS II? YES [ ] NO
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? ,. YES j ] NO
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2/3/92

11. NUMBER OF ACRES OF WET AND IMPACTED BY THE PROPOSED PROJECT:
FILLED: • /?
DRAINED:
FLOODED
EXCAVATED:
TOTAL IMPACTED: 6
• .. F.// /. /6 /?? of
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): w ah o
1we 2- V- A. 4e?4 v- t-
h %.t u r
CS%?craTla? COIMrkErtrti??
13. PURPOSE OF PROPOSED WORK:
14, STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS MINIMIZE ACTIVITY MUST WETLANDBE
CARRIED OUT IN WETLANDS. ALSO9? MEASURES TAKEN /eH of IMPACTS. awn s i ?? d-
/ ,al_ e^ raa cress a ue /? ?h f
FISH AND WILDLIFE SERVICE
' 15. YOU ARE REQUIRED TO CONTACT THE U.S.
(USFWS)- AND/OR NATIONAL MARpREOPOFISHERIES SERVICE (NMFS) SED FOR LISTING ENDANGEREDGORTHREATENED PRESENCE
HE
OR ANY FEDERALLY LISTED OR
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA OBBIE AT MAYO [E,AFFECTE ?f THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES
RESPONSES FROM THE USFWS AND/OR NMFS SHOUL ATTACHED.
16. YOU ARE REQUIRED TO CONTACT THE STATE
PROHISTORIC PERTIESP NSTHEAPERMITFAREARWHICH
(SHPO) REGARDING THE PRESENCE OF HISTORIC
MAY BE AFFECTED BY THE PROPOSED PROJECT? YES NO ( off HAVE YOU DONE SO?
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
/4_// B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
t/ C. IF DELINEATION WAS PERFORMEED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF. DELINEATION LINE.
C/ D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
Cos.. ?., ,.wc iw.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY?
F. IF APPLICABLE WHAT IS P,ROPQSED METHOD O p SEWAGE DISPOSAL?
h- S; Leo ??•s? T ea77~'
d /a 93
. DA E
ER'S S?GNAT Leah 7car7fa
t
Ot
0N
LAND MANAGEMENT GROUP, Inc.
Post Office Box 2252, Wilmington, N.C. 28402-2252, [phone]
Block 42 North, Emerald Isle
UPLAND DETERMINATION FORM
(Page 1 of 2)
Coordinator: Steve Chapin Time: 11:00 Date: 07/16/91 County: Carteret
Nearest Town: Emerald'Isle Waterway: Bogue Sound
Quad: Swansboro Location: N. of Coast Guard Rd; Blk 42 North
PROPERTY OWNER: CONSULTANT DOING WORK:
-Ms Paxon Holz Mr. Larry F. Baldwin, CPSS
W.B. McLean Estate Land Management Group, Inc.
106 Manatee Street P. 0. Box 2522
Cape Carteret, Swansboro, NC 28584 Wilmington, NC 28402-2522
Phone #: [phone] (0)
Phone #: [phone]
Other Individuals Present:
Is Property Uniform Or Separate Discrete X_ Vegetative Units.
VEGETATION: (In
TREES: Species-%
1. Long Leaf Pine
2. Live Oak
3. Loblolly Pine
4. Turkey Oak
5. Blackjack Oak
SAPLINGS/SHRUBS:
1. Wax Myrtle
2.
3.
4.
5.
order of dominance, draw line above non-dominant species)
Cover-Indicator GROUND COVER: Species-% Cover-Indicator
20% FacUp 1. Braken Fern 10% FacUp
10% Fac/Up 2. Winged Sumac 10% Up
20% Fac 3.
10% Up 4.
10% Up 5.
WOODY VINES
15% Fac+ 1. Virginia Creeper 10% Up
2. Grapevine 10% Fac-
3. Poison Ivy 10% Fac
4. Green Brair 10 % Fac
5.
6.
% OF DOMINANT SPECIES (Obl-Fac)_<50% OTHER INDICATORS:
HYDROPHYTIC VEGETATION: Yes No-X- BASIS: Up or Fac Vegetation >50%_
------------------------------------------------------ --
TYPICAL:_X_(Complete Below) ATYPICAL: (Complete Atypical Form)
SOILS:
Series: Fripp, Kureb, Corolla, and Pactolus Hydric Soils List: Yes_ No_X_
Mottled: Yes_X_ No Matrix Color:_10YR 6/3;_6/8_HYDRIC SOILS: Yes No_X_
BASIS:All wetness indicators >12"; Root pores free of oxidized stains; Low OM
HYDROLOGY:
Inundated: Yes No_X_ Depth Of Water: >12" - +80"
Saturated Soils: Yes_ No-X- Depth To Saturation/Water Table:->12 - +80"_
WETLAND HYDROLOGY: Yes_ No-X- BASIS: _No wetness indicators <12"
ATYPICAL SITUATION: Yes No_X_ NORMAL CONDITIONS: Yes-X- No
WETLAND DETERMINATION: Wetland Non-Wetland X
PHOTOS TAKEN: Yes No_X_ AUTHORITY: 10 404 10/404 None_X_
JURISDICTION: Above Headwaters Isolated Adjacent NWP #
COMMENTS:
Prepared By: Larry F. Baldwin, CPSS/SC 2183
LAND MANAGEMENT GROUP, Inc.
Post Office Box 2252, Wilmington, N.C. 28402-2252,
Block 42 North, Emerald Isle
WETLAND DETERMINATION FORM
(Page 2 of 2)
Coordinator: Steve Chapin
Nearest Town: Emerald Isle
Quad: Swansboro Location:
PROPERTY OWNER:
Ms Paxon Holz .
W.B., McLean Estate
106 Manatee Street
Time: 11:00
N. of Coast
Cape Carteret, Swansboro, NC 28584
[phone]
Date: 07/16/91 County: Carteret
Waterway: Bogue Sound
Guard Rd; Blk 42 North
CONSULTANT DOING WORK:
Mr. Larry F. Baldwin, CPSS
Land Management Group, Inc.
P. 0. Box 2522
Wilmington, NC 28402-2522
Phone #: [phone] (0)
Phone #: [phone]
Other Individuals Present:
Is Property Uniform Or Separate Discrete_X Vegetative Units.
VEGETATION: (In order of dominance,
TREES: Species-% Cover-Indicator
1. Sweetbay 10% FacW
2. Blackgum Wet 20% Obl
3. Red Bay 15% Fac+
4. Black Willow , 10% FacW+
5. Red Maple 20% FacW+
SAPLINGS/SHRUBS:
1. Wax Myrtle 20% Fac
2. Titi 15% FacW+
3.'Fetterbush 15% FacW+
A. Sweet Gallberry10% FacW
5.
draw line above non-dominant species)
GROUND COVER: Species-% Cover-Indicator
1. Royal Fern 10% Obl
2. Cinnamon Fern 10% FacW+
3. Netted Chain Fern 10% Obl
4.
5.
WOODY VINES:
1. Cat Briar 5% Fac+
2.
3.
4.
5.
% OF DOMINANT SPECIES (Obl-Fac)_>50% OTHER INDICATORS:
HYDROPHYTIC VEGETATION: Yes_X_ No BASIS: >50% Hydric Vegetation
---------------------------------------------------------------------
TYPICAL:_X_(Complete Below) ATYPICAL: (Complete Atypical Form)
SOILS:
Series: Duckston; Pactolus-Wet
Mottled: Yes_X_ No_ Matrix Color:_10YR
BASIS: Dominant chroma <2 matrix & <2/2
On Hydric Soils List: Yes_X_ No_
2/1 & 7/2 HYDRIC SOILS: Yes_X_ No_
surface colors: Hi-ch OM surfaces.
HYDROLOGY:
Inundated: Yes_X_ No_X_ Depth Of Water: <12" from surface
Saturated Soils: Yes_X_ No_ Depth To Saturation/Water Table: <12"
WETLAND HYDROLOGY: Yes_X_ No BASIS: Wetness indicators <12"
ATYPICAL SITUATION: Yes No_X_ NORMAL CONDITIONS: Yes_X_ No
WETLAND DETERMINATION: Wetland-X_ Non-Wetland
PHOTOS TAKEN: Yes No_X_ AUTHORITY: 10 404_X_ 10/404 None
JURISDICTION: Above Headwaters Isolated_X_.Adjacent_X_
COMMENTS:
Prepared Sy: Larry F. Baldwin, CPSS/SC 2183
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS D Q
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 8 im
November 30, 1993
IN REPLY REFER TO
Regulatory Branch
ACTION ID: 199400271
Ms. Paxon M. Holz
106 Manatee Street
Cape Carteret
Swansboro, North Carolina 28584
Dear Ms. Holz:
Please reference your application received October 20, 1993, requesting
authorization pursuant to Nationwide Permit No. 26 to fill 1.16 acres of
maritime swamp forest on your property located between Coast Guard Road and NC
58, Emerald Isle, Carteret County, North Carolina. According to the
application, the purpose of the project is to provide access to the property
and to provide suitable areas for waste treatment systems.
On October 28, 1993, Mr. Scott McLendon of my staff conducted a site
inspection of the property to determine if the proposed discharge complies
with the terms and conditions of Nationwide Permit No. 26 for discharges
impacting between 1 to 10 acres of headwater or isolated wetlands. Based on
our review, we have concluded that the discharge would have greater than a
minimal adverse environmental impact on the aquatic environment.
The wetlands at the project site are part of the larger ridge and swale
maritime forest system that is contiguous with Bogue Sound and the
Intracoastal Waterway. Bogue Sound has been designated an Outstanding
Resource Water by the North Carolina Division of Environmental Management.
This designation gives it and its' drainage area increased regulatory
protection as a waterbody with high water quality.
The wetlands on the project site are typical of a maritime swamp forest
that are contained within a ridge and swale system containing seasonally and
permanently flooded wetland pockets. These wetlands are important for a
variety of reasons in that they are recharge areas for groundwater supplies,
they provide areas where nutrient and pollutant uptake and transformation from
surface runoff can occur, and provide valuable wildlife habitat for various
species of birds, mammals, reptiles and amphibians. In addition, these areas
are particularly susceptible to fragmentation effects that can lead to further
deterioration of the area from exposure to wind and salt spray. Finally, the
cumulative impacts associated with this project are considered to be
unacceptable due to the almost complete removal of the maritime forest system
from Bogue Banks. It is our position that the natural state functions of
these wetlands, as stated above, provide important benefits to Bogue Sound and
Emerald Isle that would be adversely impacted by the proposed fill of 1.16
acres.
Based on the above, we have verified that Nationwide Permit No. 26 does
not apply to your present proposal as it has greater than minimal impacts to
the aquatic environment. Should you wish to pursue Department of the Army
(DA) authorization, you have the option of either applying for an individual
permit or modifying your proposal to minimize impacts as discussed above. A
modified proposal which minimizes wetland impacts should be submitted for our
preliminary review.
I
, 1
-2-
Should you have any questions or comments regarding this matter, please
contact Mr. Scott McLendon of my staff in the Wilmington Regulatory Field
Office, Post Office Box 1890, Wilmington, North Carolina, 28402 or telephone
[phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
Mr. Charles Jones, District Manager
Division of Coastal Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 769
Morehead City, North Carolina 28557
John Dorney
ater Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. Jim Gregson
Division of Environmental
Management
North Carolina Department of
Environment, Health, and
Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28402
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Randy Cheek
National Marine Fisheries, NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Larry Baldwin
The Land Management Group, Inc
Post Office Box 2522
Wilmington, North Carolina 28402
IMPORTANT
WHILE YOU
of
Phone 9111,C) AREA CODE NUMBER EXTENSION
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
Message EL?ZZ2?-)?- 7 -
c
N.C. Dept of Envir nment, Health, and Natural Resources
?]v v? Printed on Recycled Paper
W. B. MCLEAN ESTATE
106 MANATEE STREET CAPE CARTERET
SWANSBORO, NORTH CAROLINA 28584
EMERALD ISLE
CAPE CARTERET
W. B. MCLEAN 1911-1988
PAXON MCLEAN HOLZ
November 9, 1994
Mr. G. Wayne Wright
Chief, Regulatory Branch
Department of the Army
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Dear Mr. Wright:
RECEIVE
NOV 17 1994
EIYVIR0IVMENTiu SCW-MCES
TELEPHONE
[phone]
Please review the enclosed September 14, 1994 letter from John R.
Dorney for A. Preston Howard in response to Larry F. Baldwin's
letter of September 5, 1994 and the high lighted portion of the
revised map, which is the subject I wish to address with you.
Specifically, I wish to draw your attention to the numbers; 258,
259, 260, 261, 262, and returning to 257, which were permitted for
fill by John R. Dorney but were inadvertently not cross-hatched on
the map submitted by Larry F. Baldwin in his letter of August 12,
1994.
I want to be absolutely sure that I have permission to fill this
area before I start to grade.
Very u yours,
P x cLean o fustee
Willi'm B. McLean Residuary Trust
PMH:bn
Enclosures
cc; Mr. Larry F. Baldwin
Mr. Steve Benton
Mr. John R. Dorney
Mr. Charles Jones
U.S. Fish and Wildlife Service
STAR HILL ESTATES