19941029 Ver 1_COMPLETE FILE_19950110

. d --
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
January 4, 1995
Mr. Scott Stewart
Demarest Landing, Inc.
3963 B Market Street
Wilmington, N.C. 28403
Dear Mr. Stewart:
EDO EHNR
FILE COPY
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed pond excavation, roadway placement and residential lot fill
Project # 941029, COE # 199403828
New Hanover County
Attached hereto is a copy of Certification No. 2963 issued to Demarest Landing, L.L.C
dated 17 November 1994.
If we can be of further assistance, do.not hesitate to contact us.
Attachments
wgc2963
P.E.
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
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
NORTH CAROLINA
New Hanover County
CERTIFICATION
THIS CERTIFICATION is issued -in conformity with the requirements of Section 401 Public
Laws 92-500'and 95-217 of the United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Demarest Landing, L.L.C.
resulting in 0.39 acres of wetland impact in New Hanover County pursuant to an application filed on
the 17th day of November of 1994 to disturb wetlands for pond excavation, road crossings and lot fill.
The Application provides adequate assurance that the discharge of fill material into the-waters
of Howe Creek in conjunction with the proposed development in New Hanover County will not result
in a violation of applicable Water Quality,Standards and discharge guidelines. Therefore; the State of
North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-
500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set
forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as to prevent significant
increase in turbidity outside the area of. construction. or construction
related discharge.(50 NTUs in streams.and.rivers.not. designated _as trout.
waters by DEM; 25 NTUs in all saltwater, classes; and all lakes and
reservoirs; 10 NTUs in trout. waters).
2. Deed restrictions shall be placed on all , lots with, wetlands: to prevent future
wetland fill.
Violations of any condition herein set forth shall result in revocation of this Certification. This
Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon
expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within thirty (30) days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and
filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 2761177447. Unless
such demands are made, this Certification shall be final and binding.
This the 3rd day of January, 1995.
DIVISION OF ENVIRONMENTAL MANAGEMENT
eston rd, J .
WQC# 2963
To: John Dorney
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA MAJOR PERMIT APPLICATION REVIEW
REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS
REVIEWER: GREGSOr?
WQ SUPERVISOR: ADKINS
DATE: December 28, 1994
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 94 PERMIT NO.: 941029 COUNTY: New Hanover
PROJECT NAME: Demarest Landing, L.L.C.
PROJECT TYPE: Subdivision PERMIT TYPE: CAMA
COE #: N/A DOT#: N/A
RCD FROM CDA: DCM DATE FROM CDA: November 3, 1994
REG OFFICE: WiRO RIVER AND SUB BASIN#: 030624
*STREAM OR ADJACENT WATER BODY: Howe Creek
CLASS: SA ORW STREAM INDEX #: 18-87-23
*OPEN OR CLOSED: Closed
WL IMPACT: Yes WL TYPE: OTH
WL REQUESTED: 0.34 WL ACR EST: no
WL SCORE:
MITIGATION: N/A MITIGATION TYPE: N/A
MITIGATION SIZE: N/A RATING SHEET ATTACHED?:
RECOMMENDATION: ISSUE
STORMWATER PLAN REQ'D: Yes
IF YES, DATE APPROVED: Under review
PROJECT DESCRIPTION: The applicant proposes to develop a 30 acre tract into a 44 lot
subdivision.
WATER QUALITY CERT. (401)
CERT. REQ'D: Yes
IF YES, TYPE: Individual
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: Connection to County Sewer System
TO BE PERMITTED BY: DEM
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: Yes
WATER/WETLAND FILL
AREA OF FILL - WATER: N/A WETLAND: 14,854 sq. ft.
IS FILL ELIMINATING A SIGNIFICANT USE? No
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? No
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes

941029.Dec
Page Two
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A
OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A
(ATTACH A MARINA USE ATTAINABILITY EVAL.)
RECOMIVIFF.NDED CONDITIONS OR PERMIT RESTRICTIONS: That the project be
done in such a manner so as to not cause turbidity outside the immediate construction area to
exceed 25 NTU.
cc: Central Files
Wilmington Regional Office Files
DCM-Tere Barrett
John Parker

Project n
County_
Name of evaluator

C) Hydrologically connected
Date -
rologically isolated

DIVISION OF COASTAL MANAGEMEN"
FIELD INVESTIGATION REPORT ( 7 10094
i
z
s
1. APPLICANT'S NAME: Demarest Landing, L.L.C.
2. LOCATION OF PROJECT SITE: Adjacent to Howe Creek on the south side of SR 1403
immediately east of ,a development called Providence. This is in the Ogden area of New Hanover
County.
Photo Index - 1989: 174-11, gr. 10-14, D&E 1984: No photo
State Plane Coordinates - X:2362800-2363100 Y:186000-187200
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9/27/94
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - cc: 11/02/94
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: CW, ES, PT, EW
(C) Water Dependent: Partially
(D) Intended Use: Community
(E) Wastewater Treatment: Existing - None
Planned - Gravity lines w/ pump station to tie into City
sewer system.
(F) Type of Structures: Existing - None
Planned - Subdivision, amenities, community pier.
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FiT.T.Fn n'i'uFu
(A) Vegetated Wetlands
S artina alterniflora ---- --- 240 sf
Mixed Jr, Sa, Ds ---- 510 sf
Delineated 404 wetlands 4400 sf .24 ac 1260 sf
(C) Other
Open Water --- --- 8792 sf
High Ground 2900 sf 5.64 ac 510 sf
(D) Total Area Disturbed: 6.3 acres
(E) Primary Nursery Area: Yes
(1) Water Classification: SA-ORW Open: No
o3gav
8. PROJECT SUNEVIARY: The applicant is proposing to develop a 30 acre tract into a 44 lot
subdivision, with road improvements and amenities.
Demarest Landing
Page 2
9. PROTECT DESCRIPTION 11/02/94
The project is located on the south side of Middle Sound Loop Road (S.R. 1403) adjacent to Howe
Creek in New Hanover County. The tract is approximately 30 acres, with a proposal to develop a 44
lot single family subdivision.
Howe Creek is a designated Primary Nursery Area. The waters are classified SA-ORW by the Division
of Environmental Management. The area is closed to the taking of shellfish. The New Hanover
County Land Use Plan classifies the area as Conservation.
The tract is currently undeveloped. It averages from 3' to 28' in elevation. The vegetation is
predominantly pines, gums, and oaks with an understory of bays and holly. There is a man-made pond
on the west end and several areas of typical 404 wetlands throughout the property.
The applicant proposes subdividing the 30 acre tract into 44 lots. He will use lots 42, 43, and 44 for
a pool, tennis courts, volleyball courts, and a clubhouse. The other 41 lots will be sold for single
family homes, with each lot averaging 20,000 square feet. Density will approximate 1.4 units per acre.
The grading and developing of the areas for roadways, common areas, and community facilities will
constitute approximately 5.5 acres. A stormwater plan and a sedimentation/erosion control plan have
both been submitted. Individual homeowners will be restricted to 4,200-4,500 square feet of impervious
area in order that total development does not exceed 25 %. All development (except for the pier) will
be 75' from mean high water in compliance with the New Hanover County Conservation Overlay
District requirements.
There are four grassed swales proposed for passive stormwater control. These swales are on lots 38,
6, 26 and through 21, 22, 23, and C2. Respectively, the dimensions are 5' x 120', 5' x 100', 5' x
130', and 5' x 300'. The swales cross high ground and delineated 404 wetlands. They will be used
to encourage and aid the natural drainage in the area. There is to be no increase in elevation of the
wetland areas. The swale crossing lot 6 empties adjacent to mean high water, while the other three stop
60' or more short of mean high water.
The construction of the roadways will require the filling and culverting of several small sections of
delineated 404 wetlands. In addition, the applicant has requested the fill of a portion of 404 wetlands
on lots 2, 17, 20, 22, and 23 in order to make them more readily buildable. Total fill in delineated 404
wetlands equals approximately .24 acres. These wetlands are all connected to Howe Creek. Most of
these wetland areas are vegetated with gums, hollies, bays, and ferns. The two exceptions are #103,
which is influenced by drainage to the man-made pond and is predominantly ferns and Phra mites
australis, and #107 which appears to be a pocosin type wetland with a more significant understory of
holly and Lyonia lucida.
The applicant is proposing to clean out the existing man-made pond on lot C2 and expanding it into high
ground. This pond is an open water system with Myrica cerifera, Salix Wra, and Phra ites australis
around the perimeter. The excavation will include approximately 4400 square feet in the existing pond
(appr. 330 cu.yd.) and approximately 2900 square feet into high ground (appr. 650 cu.yd.). The spoil
will be placed within a diked area of approximately 60' x 100' on lot 24.
Demarest Landing
Page 3
The applicant proposes constructing a boardwalk from the clubhouse across a swamp area connecting
to the road and to the patio. This is to be elevated, with a deck at the intersection of the walkway.
This will cover approximately 1260 square feet of cypress / gum swamp wetlands. The common area
between lots 6 & 7 will support a boardwalk across coastal wetlands (Juncus roemerianus, S artina
alterniflora, and Distichlis s icata . This walkway will extend approximately 170', 1/2 of which is over
the wetlands and 1/2 over high ground. On the high ground point, there will be a boat storage area and
a deck overlooking Howe Creek. A community pier will extend approximately 102' from high ground,
crossing S artina alterniflora for the first 40', and extending into open water for the next 62'. There
will be a 15' x 25' T-Head at the waterward end, with a 22' x 6' floating dock connecting to the west.
There is to be no permanent mooring at this facility. The water depth at the end of this structure is
approximately -1' mean low water.
The subdivision is to be serviced by a gravity sewer and pump station to be owned by New Hanover
County, and tying into the existing system.
Individual homeowners within the 575' ORW Estuarine Shoreline will be required to obtain CAMA
Minor Permits for their development.
10. ANTICIPATED IMPACTS
The proposed subdivision will require the filling of approximately .24 acres of delineated 404 wetlands
for the roadway and home pads. The boardwalk will incorporate approximately 1260 square feet of
cypress/gum swamp. The excavation of the pond will require the disturbance and deepening of
approximately 4400 square feet of modified 404 wetlands and the excavation of 2900 square feet of high
ground. The pier and accompanying boardwalk will incorporate approximately 750 square feet of
coastal wetlands, 510 square feet of high ground, and approximately 8792 square feet of Public Trust
Area. The roadway, improvements, community facilities, and spoil area will require the grading and
filling of approximately 5.64 acres of high ground, 5.5 acres of which will be built upon. The total
disturbance of this area by the developer will be approximately 6.3 acres.
The resulting community will be low density, and very controlled. The developer intends on prohibiting
riparian access, and will have control over individual manipulation of lots. Subdivision covenants will
greatly restrict the cutting of unnecessary vegetation or filling of additional wetlands. The wetlands
requested for filling are minimal, and appear to be necessary for reasonable use of the property. The
developer has used caution to avoid any more wetland loss than necessary, and has attempted to
capitalize on the aesthetics of the wetland systems.
Submitted by: T. Barrett Date: 11/02/94 Office: Wilmington
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name Demarest Landing, L.L.C.
Address 3963B Market Street
City Wilmington State
NC
Zip 28403 Dayphone 910/815-0401
X Landowner or Authorized agent
b. Project name (if any) Demarest Landing
3 Lots, 42, 43 & 44 will be used for
amenity area
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
New work
c. Will the project be for community, private, or
commercial use?
Community
d. Describe the planned use of the project.
Residential subdivision
4 LAND AND WATER
c. If the applicant is not the landomm D ers71 T H V? ? CHARACTERISTICS
owner's name and address. TTA ?
ize of entire tract 3 0 . 114 acres "
0 C T. 19 - 4 Size of individual lot(s) 2 0, 0 0 0 S F +
DIVISION OF c. NElevation of tract above mean sea level or
MENT ational Geodetic Vertical Datum
MANAGE
3 Ft to 28 Ft MsL
2 LOCATION OF PROPO
SEV
PROJECT d. Soil type(s) and texture(s) of tract
Lakeland and Leon sands
a. Street address or secondary road number
SR 1403
e. Vegetation on tract Hardwood & deciduous
forest
b. City, town, community, or landmark
Middle Sound (Ogden) f.
c. County New Hanover g
d. Is proposed work within city limits or planning
jurisdiction? New Hanover Planning
e. Name of body of water nearest project
Howe Creek
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier). 44 lot single family
subdivision with common areas;
amenity facilities and common pier.
Man-made features now on tract dirt trail & 2
ponds
What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
X Conservation Transitional
Developed Community
Rural X Other
h. How is the tract zoned by local government?
R-20 S
i. How are adjacent waters classified?
SA (ORW)
j. Has a professional archaeological survey been
carried out for the tract? No If so, by whom?
12/89
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structuresproposed 5 Communi y Ri dgs_
41 Homes
b. Number of lots or parcels 44
c. Density (Give the number of residential units and the
units per acre.) 41 Units @ 1 . 4 units
per acre
d. Size of area to be graded or disturbed
5.5acres for roads, common areas
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? being s»bmi tted
several natural wetland swales
to marsh as per plan submitted to
_NCDEM (density submittal)
m. Water supply source Private well
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
N/A,
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? N/A
6 EXCAVATION AND FILL
INFORMATION
f. Give the percentage of the tract within 75 feet of a.
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
None
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
-Asphalt, concrete and brick
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? being submitt-,L-d
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
Gravity sewers and pump station
to be owned by New Hanover County
Water & Sewer District
J. Have these facilities received state or local approval?
Being submitted to connect to
existing system
k. Describe existing treatment facilities.
Public sewer system-treatment by
City of Wilmington
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). Surface runoff only through
Ac
Describe below the purpose of proposed excavation
or fill activities (excludi 7Width ??
covered in Section 7).
Le Dep
cess channel (NEW) or (NWL)
Boat basin
Other(break-
water, pier,
boat ramp,
rock jetty)
Fill placed in 4 0 4
wetland ffWRR
NMW
Upland fill
areas
N/A
DIVISIO OF
NfOA TAL MA AGEME
N/A N/A N/A
10,800 SF
•N::::_;::::

SEE. TA BLE ON
PLANS

N/A

OJT
b. Amount of material to be excavated from below
water level in cubic yards 330 CY
c. Typeofmaterial Sand_ with organics
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
Clean sediment from exist manmade
ponds
e. High ground excavation, in cubic yards
90,000 SF of grading, 330 CY from
exist manmade pond, and 650 CY to
enlarge manmade pond.
17lQa
f. Di meo ions fOspoil disposal area
g. Location of spoil disposal area Lot 24
h. Do you claim title to the disposal area? Yes
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance? not required
If so, where? N/A
j. Does the disposal area include any marshland,
swamps, or water areas?
No
k. Will the fill material be placed below mean high
water? No
1. Amount of fill in cubic yards N/A
m. Type of fill material
sand
n. Source of fill material o n s i t e
o. Will fill material be placed on marsh or other
wetlands? Yes-404 wetland-minimal
crossing
p. Dimensions of the wetland to be filled
10,800 SF
q. How will excavated or fill material be kept on site
and erosion controlled?
Natural vegetated buffers, silt
fence, and check dams with silt
basins
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? backhoes , graders and
excavators
s. Will wetlands be crossed in transporting equipment
to project site?Yes_ If yes, explain steps that will
be taken to lessen environmental impacts.
Woody 404 wetlands will be prote
adjacent to road crossing with
silt fence and barricades
c. Shoreline erosion during preceding 12 months, in
feet N/A
d. Type of bulkhead material N/A
e. Amount of fill, in cubic yards, to be placed below
meanhigh water N/A
f. Type of fill material N/A
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 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 X gh
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
c t e dmay have been developed in consultation with the
Division of Environmental Management.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap N/A
b. Average distance waterward of mean high water or
normal water level N/A
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the of-c-anot-Q1
M nag sed p
emenent and o a?ie? c t of
1VIan 44&
that opportunity.
OCT 13 1994
DIVISION OF
COASTAL MANAGEMENT
11/90
Name Marcia G. Roberts
Address 3001 Middle Sound Loop Road
9 CERTIFICATION AND PERMISSION
Wilmington NC 2840TO ENTER ON LAND
Name Hall A. Painter Any permit issued in response to this application will
Address DBA Par Associates allow only the development described in the application.
PO Box 1228 The project will be subject to conditions and restrictions
Wrightsville Beach, NC 28480 contained in the permit.
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
None
A check for $100 made payable to the Department of
Environment, Health & Natural Resources to cover the
costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted 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 application and follow-up monitoring of
project.
This is the day of September , 1994 .
X
L owner Authoriz gent
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
3 D Tm Tm - 3
CCT 13 1994
DIVISION OF
COASTAL MANAGEMENT

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR DEVELOP
PERMIT AND WATER QUALITY CERTIFICA
NOV Fl. 7 14
TT -?
The Department of Environment, Health and Natural Resources hereby gives public
notice as required by NCGS 113A-119(b) and 143-215 3(a)(1)(c) that Demarest Landing,
L.L.C, c/o Scott Stewart of New Hanover County, filed an application on November 2,
1994, for a permit from the Division of Coastal Management to develop in an Area of
Environmental Concern and for certification from the Division of Environmental
Management that a discharge of fill material in project wetlands will not violate applicable
water quality standards.
According to said application Demarest Landing, L.L.C. proposes to develop a 30
acre tract into a 44 lot subdivision, with road improvements and amenities adjacent to Howe
Creek on the south side of State Road 1403 immediately east of a development called
Providence, in the Ogden area of New Hanover County.
A copy of the entire application and additional information may be examined (or
copies furnished upon request and payment of reproduction costs) during normal business
hours at the office of Environment, Health and Natural Resources, Division of Coastal
Management, and Division of Environmental Management, located at 127 Cardinal Drive
Extension, Wilmington, North Carolina 28405, 910/395-3900.
The Division of Environmental Management proposes to take final action on this
water quality certification on or before December 12, 1994. The issuance of the CAMA
Major Development permit and the Section 401 Certification may deviate from this projected
date depending upon the nature of the comments submitted and subsequent hearings that may
result.
All persons desiring to make comments should do so in writing to Roger N. Schecter,
Director, Division of Coastal Management, P. O. Box 27687, Raleigh, N.C., 27611, prior to
December 6, 1994 for consideration in the CAMA permit decision, and to Mr. John Dorney,
Division of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
December 1, 1994 for consideration in the water quality certification decision. Later
comments on the CAMA application will be accepted and considered up to the time of permit
decision. Project modifications may occur based on review and comment by the public and
state and federal agencies. Notice of the permit decision in this matter will be provided upon
request.
PUBLISHED ON: Wednesday, November 16, 1994

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f SITE PLAN CONCEPT
10-3-94
f Graphic Scale: 1"=40'
1111111 0 40 80 120
SHEET 3 of 3
A
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO November 10, 1994
Regulatory Branch
Action ID No. 199403828
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:
9L) iczq
?vV,???19
Enclosed is the application of Demarest Landing, L.L.C., represented by
Mr. Scott Stewart, for Department of the Army (DA) authorization and a State
Water Quality Certification to construct a boardwalk and a T-head pier and
discharge fill material in wetlands associated with pond excavation, roadway
improvements and residential construction on Howe Creek, near Ogden, New
Hanover County, North Carolina. Your receipt of this letter verifies your
acceptance of a valid request for certification in accordance with Section
325.2(b)(ii) of our administrative regulations.
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 January 9, 1995, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely
4hi Wrig
e gula ry 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. C. Robert Stroud, Jr.
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845

?YY116 dff C;? e
DIVISION OF COASTAL MANAGEMENT r.1 ED
FIELD INVESTIGATION REPORT NOV io.,0
Q
,;y
1. APPLICANT'S NAME: Demarest Landing, L.L.C. REGULATORY gR..A?j2. LOCATION OF PROJECT SITE: Adjacent to Howe Creek on the south side of SR 1403
immediately east of a development called Providence. This is in the Ogden area of New Hanover
County.
Photo Index - 1989: 174-11, gr. 10-14, D&E .1984: No photo
State Plane Coordinates - X:2362800-2363100 Y:186000-187200
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9/27/94
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - cc: 11/02/94
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: CW, FS, PT, EW
(C) Water Dependent: Partially
(D) Intended Use: Community
(E) Wastewater Treatment: Existing - None
Planned - Gravity lines w/ pump station to tie into City
sewer system.
(F) Type of Structures: Existing - None
Planned - Subdivision, amenities, community pier.
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
`S2artina alterniflora ---- --- 240 sf
Mixed Jr, Sa, Ds ---- --- 510 sf
Delineated 404 wetlands 4400 sf .24 ac 1260 sf
(C) Other
Open Water --- --- 8792 sf
High Ground 2900 sf 5.64 ac 510 sf
(D) Total Area Disturbed: 6.3 acres
(E) Primary Nursery Area: Yes
(F) Water Classification: SA-ORW Open: No
8.
PROJECT SUMMARY: The applicant is proposing to develop a 30 acre tract into a 44 lot
subdivision, with road improvements and amenities.
Demarest Landing
Page 2
9. PROTECT DESCRIPTION 11/02/94
The project is located on the south side of Middle Sound Loop Road (S.R. 1403) adjacent to Howe
Creek in New Hanover County. The tract is approximately 30 acres, with a proposal to develop a 44
lot single family subdivision.
Howe Creek is a designated Primary Nursery Area. The waters are classified SA-ORW by the Division
of Environmental Management. The area is closed to. the taking of shellfish. The New Hanover
County Land Use Plan classifies the area as Conservation.
The tract is currently undeveloped. It averages from 3' to 28' in elevation. The vegetation is
predominantly pines, gums, and oaks with an understory of bays and holly. There is a man-made pond
on the west end and several areas of typical 404 wetlands throughout the property.
The applicant proposes subdividing the 30 acre tract into 44 lots. He will use lots 42, 43, and 44 for
a pool, tennis courts, volleyball courts, and a clubhouse. The other 41 lots will be sold for single
family homes, with each lot averaging 20,000 square feet. Density will approximate 1.4 units per acre.
The grading and developing of the areas for roadways, common areas, and community facilities will
constitute approximately 5.5 acres. A stormwater plan and a sedimentation/erosion control plan have
both been submitted. Individual homeowners will be restricted to 4,200-4,500 square feet of impervious
area in order that total development does not exceed 25 %. All development (except for the pier) will
be 75' from mean high water in compliance with the New Hanover County Conservation Overlay
District requirements.
There are four grassed swales proposed for passive stormwater control. These swales are on lots 38,
6, 26 and through 21, 22, 23, and C2. Respectively, the dimensions are 5' x 120', 5' x 100', 5' x
130', and 5' x 300'. The swales cross high ground and delineated 404 wetlands. They will be used
to encourage and aid the natural drainage in the area. There is to be no increase in elevation of the
wetland areas. The swale crossing lot 6 empties adjacent to mean high water, while the other three stop
60' or more short of mean high water.
The construction of the roadways will require the filling and culverting of several small sections of
delineated 404 wetlands. In addition, the applicant has requested the fill of a portion of 404 wetlands
on lots 2, 17, 20, 22, and 23 in order to make them more readily buildable. Total fill in delineated 404
wetlands equals approximately .24 acres. These wetlands are all connected to Howe Creek. Most of
these wetland areas are vegetated with gums, hollies, bays, and ferns. The two exceptions are #103,
which is influenced by drainage to the man-made pond and is predominantly ferns and Phrag?tes
australis, and #107 which appears to be a pocosin type wetland with a more significant understory of
holly and 4onia. lucida.
The applicant is proposing to clean out the existing man-made pond on lot C2 and expanding it into high
ground. This pond is an open water system with Myrica cerifera, Salix nig__, and Phra ites australis
around the perimeter. The excavation will include approximately 4400 square feet in the existing pond
(appr. 330 cu.yd.) and approximately 2900 square feet into high ground (appr. 650 cu.yd.). The spoil
will be placed within a diked area of approximately 60' x 100' on lot 24.
Demarest Landing
Page 3
The applicant proposes constructing a boardwalk from the clubhouse across a swamp area connecting
to the road and to the patio. This is to be elevated, with a deck at the intersection of the walkway.
This will cover approximately 1260 square feet of cypress / gum swamp wetlands. The common area
between lots 6 & 7 will support a boardwalk across coastal wetlands Juncus roemerianus. Spartina
alterniflora, and Distichlis s icata . This walkway will extend approximately 170', 1/2 of which is over
the wetlands and 1 /2 over high ground. On the high ground point, there will be a boat storage area and
a deck overlooking Howe Creek. A community pier will extend approximately 102' from high ground,
crossing S artina alterniflora for the first 40', and extending into open' water for the next 62'. There
will be a 15' x 25' T-Head at the waterward end, with a 22' x 6' floating dock connecting to the west.
There is to be no permanent mooring at this facility. The water depth at the end of this structure is
approximately -1' mean low water.
The subdivision is to be serviced by a gravity sewer and pump station to be owned by New Hanover
County, and tying into the existing system.
Individual homeowners within the 575' ORW Estuarine Shoreline will be required to obtain CAMA
Minor Permits for their development.
10. ANTICIPATED IMPACTS
The proposed subdivision will require the filling of approximately .24 acres of delineated 404 wetlands
for the roadway and home pads. The boardwalk will incorporate approximately 1260 square feet of
cypress/gum swamp. The excavation of the pond will require the disturbance and deepening of
approximately 4400 square feet of modified 404 wetlands and the excavation of 2900 square feet of high
ground. The pier and accompanying boardwalk will incorporate approximately 750 square feet of
coastal wetlands, 510 square feet of high ground, and approximately 8792 square feet of Public Trust
Area. The roadway, improvements, community facilities, and spoil area will require the grading and
filling of approximately 5.64 acres of high ground, 5.5 acres of which will be built upon. The total
disturbance of this area by the developer will be approximately 6.3 acres.
The resulting community will be low density, and very controlled. The developer intends on prohibiting
riparian access, and will have control over individual manipulation of lots. Subdivision covenants will
greatly restrict the cutting of unnecessary vegetation or filling of additional wetlands. The wetlands
requested for filling are minimal, and appear to be necessary for reasonable use of the property. The
developer has used caution to avoid any more wetland loss than necessary, and has attempted to
capitalize on the aesthetics of the wetland systems.
Submitted by: T. Barrett Date: 11/02/94 Office: Wilmington
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stonnwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
3 Lots, 42, 43 & 44 will be used for
amenity area
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
New work
c. Will the project be for community
private
or
a. Name Demarest Landing, L.L.C. ,
,
commercial use?
Community
Address 3963B Market Street
City Wilmington State NC d. Describe the planned use of the project.
Zi 28403
P Dayphone 910/815-0401 Residential subdivision
X Landowner or Authorized agent
b. Project name (ifany) Demarest Landing
4 LAND AND WATER
c. If the applicant is not the land er alU.G ive the
owner's name and address. O 6 ?v l-cp c n CHARACTERISTICS
a+. + izeofentiretract 30.114 acres-'
f T 1 Q Inn A (,? Size of individual lot(s) 20,000 SF +
DIVISION OF c. Elevation of tract above mean sea level or
2 LOCATION OF PROPOS ' AU M ENTNati Geodetic Vertical Datum
3 Ft Ft t
o 28 Ft MSL

PROJECT
a. Street address or secondary road number
SR 1403
b. City, town, community, or landmark
Middle Sound (Ogden)
c. County New Hanover
d. Is proposed work within city limits or planning
jurisdiction? New Hanover planning
e. Name of body of water nearest project
Howe Creek
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier). 44 lot single family
subdivision with common areas,
amenity facilities and common pier
d. Soil type(s) and texture(s) of tract
Lakeland and Leon sands
e. Vegetation on tract Hardwood & deciduous
forest
f. Man-made features now on tract dirt trail &
ponds
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
X Conservation Transitional
Developed Community
Rural X Other
h. How is the tract zoned by local government?
R-20 S
i. How are adjacent waters classified?
SA (ORw)
J. Has a professional archaeological survey been
carried out for the tract? No If so, by whom?
12/89
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed-- 5 Community B7 as
41 Homes
b. Number of lots or parcels 44
c. Density (Give the number of residential units and the
units per acre.) 41 Units C 1.4 units
per acre
several natural wetland swales
to marsh as per plan submitted to
NCDEM (density submittal)
m. Water supply source Private well
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
N/A
d. Size of area to be graded or disturbed
5.5acres for roads, common areas o'
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? being subm; t-.tPd
If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? N/A
6 EXCAVATION AND FILL
INFORMATION
f. Give the percentage of the tract within 75 feet of a.
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
None
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
Asphalt, concrete and brick
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? being submi t t ed
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
Gravity sewers and pump station
to be owned by New Hanover County
Water & Sewer District
j. Have these facilities received state or local approval?
Being submitted to connect to
existing sysJ=
k. Describe existing treatment facilities.
Public sewer system-treatment by
City of Wilmington
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). Surface runoff only through
Ac
Describe below the purpose of proposed excavation
or fill activities (excludi uMeads-w
covered in Section 7).
Le . C?h Width Dept
P
cess channel `- `/ n ('. T J
(NILW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in 4 04
wetland 3Yv
NMW
Upland fill
areas
N/A
DIVISIO N OF
N/(ROA TAL MAN AGEME
N/A N/A N/A
10, 800 SF
SEE, T BLE ON
PLANS

N/A
UT
b. Amount of material to be excavated from below
water level in cubic yards . 330 CY
e. Typeofmaterial Sand. i1ith organics
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
Clean sediment from exist manmade.
ponds
e. High ground excavation, in cubic yards
90,000 SF of Grading, 330 Cy from
exist manmade pond, and 650 CY to
enlarge manmade pond.
12/89
f. Dim0e0nsions of ogoil disposal area
g. Location of spoil disposal area Lot 24
h. Do you claim title to the disposal area? Yes
If not, attach a letter granting permission from the
owner.
L Will a disposal area be available for future
maintenance?_ not required
If so, where? N/A
j. Does the disposal area include any marshland,
swamps, or water areas?
No
k. Will the fill material be placed below mean high
water? No
1. Amount of fill in cubic yards N/A
m. Type of fill material sand
n. Source of fill material ons i to
o. Will fill material be placed on marsh or other
wetlands? Yes-404 wetland-minimal
crossing
p. Dimensions of the wetland to be filled
10,800 SF
q. How will excavated or fill material be kept on site
and erosion controlled?
Natural vegetated buffers, silt
fence, and check dams with silt
basins
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? backhoes . graders and
excavators
s. Will wetlands be crossed in transporting equipment
to project site?ya,-,_ If yes, explain steps that will
be taken to lessen environmental impacts.
Woody 404 wetlands will be prote
adiacent to road crossing with
silt fence and barricades
c. Shoreline erosion during preceding 12 months, in
feet N/A
d. Type of bulkhead material N/A
e. Amount of fill, in cubic yards, to be placed below
meanhigh water N/A
f. Type offill material NT-/A
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 710203 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 ?1 9 agh
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
c t e dmay have been developed in consultation with the
Division of Environmental Management.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap N/A
b. Average distance waterward of mean high water or
normal water level _N/A
A list of the names and complete addresses of the
adjacent W2terfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed ectxoxhe Dixisio% .C.9ast
Management and?dbe iadvisedb}.fhe'p 161 t of
that opportunity.
OCT 13 179^
DIVISION OF
COASTAL MANAGEMENT
12/89
Name Marcia G. Roberts
Address 3001 Middle Sound Loop Road
Wilmincton. NC 28405
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Name Hall A. Pa i nt e r Any permit issued in response to this application will
Address DBA Par Associates allow only the development described in the application.
PO Box 1228 The project will be subject to conditions and restrictions
Wrightsville Beach, NC 28480 contained in the permit.
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
None
A check for $100 made payable to the Department of
Environment, Health & Natural Resources to cover the
costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted 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 application and follow-up monitoring of
project.
This is the 12 day of September , 1995 .
X
L owner Authoriz gent
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
Vi U
D
t0CT 13 1994
DIVISION OF
COASTAL MANAGEMENT
,n inn
?SWEo-
No i ?r 1.1e 94
State of North Carolina REGULATOR
Department of Environment, Health, and Natural Resources
Division of Coastal Management
Wilmington Regional Office
James B. Hunt, Jr., Governor Roger N. Schecter
Jonathan B. Howes, Secretary Director
November 3, 1994
Scott Stewart
Demarest Landing, L.L.C.
3963B Market St.
Wilmington, North Carolina 28403
Dear Mr. Stewart:
The Division of Coastal Management hereby acknowledges receipt of your application for State approval for
development of your property located adjacent to Howe Creek on SR 1403 in New Hanover County. It was received
completed on 11/02/94, and appears to be adequate for processing at this time. The projected deadline for making a
decision is 1/15/95. An additional 75-day review period is provided by law when such time is necessary to complete the
review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review
period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an
additional letter will be provided on or about the 75th day.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can be observed from a
public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way
fronting your property; or at a point along the road right-of-way where a private road would lead one into your property.
Failure to post this notice could result in an incomplete application.
A field report has been prepared and is in the process of being circulated to the various state and federal review
agencies for their comments. If additional information is required based on this review, the agencies may contact you
directly.
Sincerely,
tjb
Enclosure
cc: John Parker, DCM,
Bob Stroud, DCM,
Barrett
Field Representative
Ann Hines, LPO
Jeff Richter, COE
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] * Fax [phone]
An Equal Opportunity Affirmative Action Employer