19950460 Ver 1_COMPLETE FILE_19950110

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonafnan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL, of 401 Water Quality Certification
Mr. Steve Stuart
5435 Easmind Road
Wilmington, N.C. 28403
Dear Mr. Stuart:
A LTFWA
14 0
IDA
ID FE F=1
June 19, 1995
New Hanover County
DEM Project # 95460
COE # 199503016
FILE COPY
You have our approval to place fill material in 3000 square feet of wetlands or waters for the
purpose of constructing a residence at 6142 Timber Creek Lane, as you described in your application
dated 19 May 1995. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 2731 This certification allows you to use Nationwide
Permit Number 18 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow,the conditions listed in the attached certification. A
deed restriction shall be placed on the lot to prevent future wetland fill. In addition, you should get
any other federal, state or local permits before you'go ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Attachment
Si rely
e?ton d, Jr. P. .
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Domey
Central Files
John Parker; DCM
95460.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 TcNephone 919-733-7015 ' FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
-- .' r
To: John Dorney
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA MAJOR PERMIT APPLICATION REVIEW
REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS
REVIEWER: GREGSON
WQ SUPERVISOR: ADKINS
DATE: May 24, 1995
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 95 PERMIT NO.: 95460 COUNTY: New Hanover
PROJECT NAME: Steven J. Stuart
PROJECT TYPE: Residence PERMIT TYPE: CAMA
COE #: N/A DOT#: N/A
RCD FROM CDA: DCM DATE FROM CDA: May 4, 1995
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: ESFF
WL REQUESTED: 0.07 WL ACR EST: Yes
WL SCORE:
?? ?qr c?GFO
Po%
?oFtiglsc ?9S
s
MITIGATION: No MITIGATION TYPE: N/A
MITIGATION SIZE: N/A RATING SHEET ATTACHED?: No
RECOMMENDATION: ISSUE
STORMWATER PLAN REQ'D: No
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: The applicant proposes to construct a single family residence.
WATER QUALITY CERT. (401)
CERT. REQ'D: Yes
IF YES, TYPE: General Certification #2733 for minor discharges
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: Connection to County System
TO BE PERMITTED BY: County
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A
WATER/WETLAND FILL
AREA OF FILL - WATER: N/A WETLAND: 3000 sq. ft.
IS FILL ELIMINATING A SIGNIFICANT USE? NO
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? N/A
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A
A 95460.May
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.)
RECOMMENDED 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
REPLY TO
ATTENTION OF
Regulatory Branch
Action ID No. 199503016
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
May 15, 1995
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Dorney:
9 5q(ao
RECEIVED
MAY 17 1995,
EW#?0N'*NTAL SCIENCES
Enclosed is the application of Mr. Stephen J. Stuart for Department of
the Army (DA) authorization and a State Water Quality Certification to
discharge fill material in 0.103 acre of wetlands adjacent to Howe Creek
associated with construction of a residence, 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 July 10, 1995, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Matt Flint, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
e Wri
Chie Regula 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
Printed on ® Recycled Paper
-4k
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
Stephen J. Stuart
5435 Eastwind Rd.
Wilmington, North Carolina 28403
Dear Mr. Stuart:
/7 95630/(v
The Division of Coastal Management hereby acknowledges receipt of your application for State
approval for development of-your property located at 6142 Timber Creek Lane in New Hanover
County. It was received completed on 4/17/95, and appears to be adequate for processing at this time.
The projected deadline for making a decision is 7/1/95. 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.
tjb
Enclosure
cc: John Parker
Bob Stroud
Ann Hines, LPO
Sincerely,
T. Barrett
Field Representative
T.__.].7 r___._1 1• i-. /fir.
-44
1.

APPLICANT'S NAME: Stephen J. Stuart
3.
4.
5.
6.
7.
8.
2. LOCATION OF PROJECT SITE: Adjacent to Howe Creek at 6142 Timber Creek Lane in
the Gorman Plantation tract off of U. S. 1403 in New Hanover County.
Photo Index - 1989: No Photo 1984: No Photo
State Plane Coordinates - X: 2357925 Y: 190625
MVESTIGATION TYPE: CAMA/D&F
INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/2/95
Was Applicant Present - Yes
PROCESSING PROCEDURE: Application Received - cc: 4/17/95
Office - Wilmington
SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: ORW-Estuarine Shoreline
(C) Water Dependent: No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - County Sewer
Planned - Same
(F) Type of Structures: Existing - None
Planned - Residence
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
HABITAT DESCRIPTION: [AREA]
DREDGM IM.T pn n?ru?u
(A) Vegetated Wetlands d• /03l?
Delineated Cypress/Gum Swamp 4490 sf
(B) Non-Vegetated Wetlands
(C) Other
High Ground 2070 sf
(D) Total Area Disturbed: .15 acres
(E) Primary Nursery Area: Yes
(F) Water Classification: SA-ORW Open: No
PROJECT SUNMARY: Applicant proposes to construct a residence in cypress/gum swamp
adjacent to the coastal wetlands of Howe Creek.

9. PROJECT DESCRIPTION 511195
The tract of property is in the Timber Creek section of the Gorman Plantation Subdivision
located off of S. R. 1403 in New Hanover County. This tract backs up to the upper reaches of
Howe Creek at its southern end. The property in question is an 8/10 acre lot at 6142 Timber
Creek Lane. The southern end of this lot consists of coastal wetlands CIadium jamaicense,
Juncus roemerianus, extending to S artina alterniflora) adjacent to Howe Creek. There are
delineated 404 wetlands (cypress/gum swamp) extending approximately 160' into the tract. The
remaining 140' to the street is high ground, and vegetated mostly with pines. There is an abrupt
change in elevation at the 404 line. The subdivision is serviced with county water and sewer,
and has an improved road system and stormwater controls in place. The average elevation under
the proposed structure is 6' - 7' above mean sea level.
Howe Creek is classified SA-ORW by the Division of Environmental Management; the waters
are closed to the taking of shellfish; and the area is a designated Primary Nursery Area. New
Hanover County classifies the area as Conservation, and as such is enforcing a 75' setback from
the marsh line. The 404 wetlands on the lot contain Cedar, Cypress, Gum, Bays, and Yaupon.
Cypress knees dot the forest floor.
The applicant proposes to construct a residence within the 100 year floodplain and waterward
of the delineated 404 wetland line within the cypress/gum swamp. The applicant wishes to
distance himself from the road and intrusion of car lights. The proposed residence will be pile
supported, with some of the graded area returned to original contour to offset the impacts of
filling wetlands adjacent to coastal marsh and Outstanding Resource Waters. The majority of
the driveway and the front lawn will be landward of the wetland line.
The preparation for the home, driveway, and parking pad requires the grading of approximately
6560 square feet. Of this disturbed area, approximately 2070 square feet is high ground. This
leaves approximately 4490 square feet of wetlands to be graded and filled. The applicant is
proposing to excavate the area for the house footings and return it to original grade. He is also
proposing to pour the driveway only to original grade for a portion of that structure. The intent
is to minimize the impact of constructing in the wetlands. By returning this 1750 square feet
to original contour, the applicant is showing that he will be filling and removing from
jurisdiction approximately 2740 square feet of wetlands.
The proposed built - upon area is well less. than the 25% allowance in the ORW Estuarine
Shoreline. The U. S. Army Corps of Engineers has informed the applicant that the proposal is
inconsistent with the Nationwide 18 authorization on the basis of having a practical high ground
alternative.
The figures shown on the applicant's platwork refer only to wetland disturbance, and not the
total grade and fill area.

square feet of high ground, and 4490 square feet of cypress/gum swamp. The applicant commits
to returning approximately 1750 square feet of the wetland area to original grade and contour,
leaving a total of 2740 square feet of wetlands to be filled above grade and removed from
jurisdiction.
Submitted by: T. Barrett Date: 5/3/95 Office: Wilmington
"ll-.
trot. 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 ll So i ,f
Address 1?TuJ???/
City /yGGut?rlaZOW State /4G
ZiP_Z? Day phone ?v 1l lD??
Landowner or ? Authorized agent
b. Project name (if any) `
It you plan to build a marina, also complete and
attach Form DCNI-N[P-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
c. Will the project be for community,.private, or
commercial use?
PM11455
d. Describe the planned use of the project.
/?i 1'4L Z- ?
c. If the applicant is not the landowner, also give the
Owner's name and address.
JfIA114e, 14 L/D.U
?.UiL.u,«??rrnc , alb 9? 3
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract
b. Size of individual lot(s) .f114,c-"
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
d. Soil rypl and texture(s) of tract
S,sd GGgy .9yrd
e. Vezetation on tract 1`J, ,f7EGr.0?r/u5172F??
b. City, town, community, orlandmark
MIT
, features now on tract
V =
C. County ?cl vdE? I fl? ja
g• t
1 i e CAINIA Land Use Plan Classification of
d. Is proposed work within city limits or p annl in EB 1 ( 199?hecki?' (Consult the local land use plan.)
jurisdiction? ?
DIVISION 0F-v-' Conservation Transitional
e. Name of bodv of water nearest projectOA STAL M? , ural loped Community
Other
L'4FFlr 3 DESCRIPTION AND PLANNED USE
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).
h. How is t^e tract zoned by local government?
'e -7-
i. How are adjacent waters classified?
? u)
j. Has a professional archaeological survey been
carried out for th tract? If so, by whom?
development.
a. Type and number of buildings facilities, or
structures proposed Y Xo«
b. Number of lots or parcels J/
c. Density (Give the number residential units and the
units per acre.)
m. Water supply source ax/7 , !l' ?IST?I
n. If the project is oceanfront development, descria:
the steps that will be taken to maintain established
public beachacc;ssways or provide new access.
d. Size of area to be graded or disturbed
o.
050 Sit. fr,
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 su ; ined to the Division of Land
Resources? -,
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
L?.tCC/Z?TS
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management?
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
LDU,cITY 5Y5T-? i4???.o/
If the project is on the oceanfront. what will be tt.e
elevation above mean sea level of the first habitab e
floor?- A11W
-T
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excav•--cn
or fill activities (excluding bulk: Bads, which a-,.
covered in Section 7).
Access channel
(,fLW) or C-NAVI..)

Boat basin "I
J
fl,
Other (break- , ?A
`
water, pier, f
boat ramp,
rock jetty) Ct
Fill placed in i?N
wedand or below
MHW
Lens:: Width Death
'??
?. hr) I
DIVISION OF
STAL`MIANAGEMINT
j. Have these facilities received state or local approval? Upland fill 10,4
areas
b.
k. Describe existing treatment facilities.
kll,4 `
C.
`l. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, indu trial/commercial effluent, "wash
rlnwn"1 18-14
Amount of material to be excavated from below
water level in cubic yards .C1ZV4!5,
Type of material f?
d. Does the area to be excava=ted include marshlirCf.
swamps, or other wetland-?
e. High ground excAvation, in cubic yards
?- • va Jr.JVI. u1?1JV?,.1 G1?Q /%/
h- Do you claim title to the disposal area? - 'X4
If not, attach a leaer granting permission from the
owner.
i. Will a disposal area be a ilable for future
maintenance?
If so, where? itl
U. 1 ?. U1 UUW1eaU 111a1C11_:
e. Amuount of fill. in cubic yards. to be placed below
high water AAOr101
f. T,-,tt of fill material A
8 ADDITIONAL INFORMATION
j. Does the disposal area ?dude any marshland,
In ad_Lton to the completed =pplic_-iton form, the follow-
swamps, or water areas_
,Uff insz must be submitted:
k. Will the fill material . placed below mean high
water? - /(
1. Amount of fill in cubic vzrds
/!O
m. Type of fill material G?lAy 5.1x01
n. Source of fill material L!X 0:l11i?25IZ5
o. ',gill fill material be olacz; on marsh or other
A cop: of the deed (with st::e application only) Or oLhe-
instrn e:a under which the oiic=-n: claims title to the
affect:: property. If the ap;;lica_m is not claiming to be
the o:.mer of said property • %en fo,n and a copy of the
deed c_ other instrument under w-l ic:, the owner claims
tide. _lus written permissio f :-om i::-- owner to carry oil;
the p °ct_ ft7-7:1-q .1J
wetlands'- Y? An ; ate work plat (in cleinQ plan view an- cross
SeCL drawings) drawn tc i- black- ina: on an S
p. Dimensions of the w-edand t fill-,-, C3? 1PL x 11 %::hit,- paper. (Ref :.o Co__:_I Resources
42-2 nz-
'? Corr- ssion Rule 7J.0203 for a dew:led descritnion.)
?4TTAGs?
q. How will excavated or fall material be kepi on sit- I =- =
and erosion controlled" ;? - -
/?,,/? ..?•
l
lGT ? ? ?
' I
` '-Pleas; ;ote that ori_ainal dr-:-- -L- pref
, era` and
?
7
/C!
t/ only-- bu
liiy copies wi!.- be acccn:L-d. Blu;t-3in;2
YrlarQerplats a:?c:-i:;tp::bleo1y i iShi c`
qu-1:- copies are provide

r. tt
-nat type of cons ?_.., ;equip.; will i?
ent be used' Q1c1.;S`-`' -- Comps of EnRii:e_- reg_:c_-e tha:

-
(forexz^ple, drasline. ?actihoe
orhvdra3 `'L r`=°r.rawings.) A ::_e or lti_--on map:; s pa-
,
dredge)? /3A[ - of pr=?uirements and it rnu:T be suincieridV 4d iicc
to zaency personnel 1:r-!:a.-tili_.- with the are- to tre
site. inch de county road (SR) numbers. landamares
an
s. Will wetlands be c see in transporting equipment
i
V ,
the
to project s
te?
If yes, explain steps that will
be taken to lessen c• irottnental impacts- A sto=, water management plan. if applicable. that
may _Ve been developed in consul.ation with erne
Div , -oa of Environmental
7 SHORELINE STABILIZATION
a. Length of bulkhead or r.'prap li
b. Average distance waterw-ard 5mean high water or
nnrmal.vQrPrIPiJPI ,(//,d
A li_- c. the names and complete addresses of the
adj-;-zrt waterfront (riparian) landowners- Tn-tse
indi1=_??_ts have 30 days in which to sabmit comments
on the proposed project to d;e Divisien of Coastal
A4arna_cnent and should be 2d\-is,d by the applicant of
that Gooorrunity. ?
Name ? ? AO, 6a,41.(/
Address S?D?o 4: 47_2,:, 2 ST-
t!>/C?uiKGTZ/K?
Name _MI
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issu ng dates.
A check for 5250 made payable to the Department of
Environment, Health, and Natural Resources to cover
the costs of processing the application. A77_1e44EO
A signed AEC hazard notice for projects in oceanfront
and inlet areas. .11P
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).
Any permit issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my kn&IedRe, the proposed
activity complies with the Stag of North Carolina's ap-
p,oved Coastal Nlanagemenj4,Program and will be con-
ducted in a manner consis`?nt with such program.
I further certify that I Am authorized to grant, and do in
fact, grant permission Ito 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 d y of ?f132G1? 1 , 1911
X
Landou-ner or Authorize went
L
D J CJAL?J UA
FEB 17 1995
DIVISION OF
COASTAL MANAGEMENT

1 . L u\L\1 A. 1 1 v L
Timber Creek Lot #13
The residence is comparably aligned with the other residents viewing Howe Creek and sited to
allow the large deciduous trees, which provide visual buffering from the street, to remain. Also
existing pine trees along the driveway will screen auto headlights that would sweep across the
house from the intersection at Red Cedar.
Further, the house is situated complimentary with the existing contours so as not to impede
natural rainwater runoff to Howe Creek.
Note also that the following agencies / staff have been met on site:
• New Hanover County / Ann Hines - Who flagged the marsh line depicted on the site plan
and subsequent conservation setback.
• Corps of Engineers / Marta Boros, Michael Hosey - Flagged the "404" Wetlands Line.
• Department of Environmental Management (DEM) / Jim Gregson - Preliminary site
evaluation.
-I'M
FEB 51 17 1995
DIVISION OF
COASTAL MANAGEMENT
s?
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AO 'e qQ 4 . ? ?
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N FEB 17 1995 ", - '.".?` ° (? ?•`
DIVISION 1 jY NOq C ? •??.
PAGES
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DIVISION OF
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I

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Stephen J. Stuart
2. LOCATION OF PROJECT SITE: Adjacent to Howe Creek at 6142 Timber Creek Lane in
the Gorman Plantation tract off of U. S. 1403 in New Hanover County.
Photo Index 1989: No Photo 1984: ?vo Photo
State Plane Coordinates - X: 2357925 Y: 190625
3. INVESTIGATION TYPE. CAMA/D&F
MAY 19 1995
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/2/95
Was Applicant Presen Y wETtANDS
ATER UHL! s
5. PROCESSING PROCEDURE: Application Received - cc: 4/17/95
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: ORW-Estuarine Shoreline
(C) Water Dependent: No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - County Sewer
Planned - Same
(F) Type of Structures: Existing - None
Planned - Residence
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
(A) Vegetated Wetlands
Delineated Cypress/Gum Swamp 4490 sf
(B) Non-Vegetated Wetlands
(C) Other
High Ground
2070 sf
(D) Total Area Disturbed: .15 acres
(E) Primary Nursery Area: Yes
(F) Water Classification: SA-ORW Open: No
8. PROJECT SUMMARY: Applicant proposes to construct a residence in cypress/gum swamp
adjacent to the coastal wetlands of Howe Creek.
Stephen J. Stuart
Page 2
9. PROTECT DESCRIPTION 511195
The tract of property is in the Timber Creek section of the Gorman Plantation Subdivision
located off of S. R. 1403 in New Hanover County. This tract backs up to the upper reaches of
Howe Creek at its southern end. The property in question is an 8/10 acre lot at 6142 Timber
Creek Lane. The southern end of this lot consists of coastal wetlands Cladium jamaicense,
Juncus roemerianus, extending to S artina alterniflo adjacent to Howe Creek. There are
delineated 404 wetlands (cypress/gum swamp) extending approximately 160' into the tract. The
remaining 140' to the street is high ground, and vegetated mostly with pines. There is an abrupt
change in elevation at the 404 line. The subdivision is serviced with county water and sewer,
and has an improved road system and stormwater controls in place. The average elevation under
the proposed structure is 6' - 7' above mean sea level.
Howe Creek is classified SA-ORW by the Division of Environmental Management; the waters
are closed to the taking of shellfish; and the area is a designated Primary Nursery Area. New
Hanover County classifies the area as Conservation, and as such is enforcing a 75' setback from
the marsh line. The 404 wetlands on the lot contain Cedar, Cypress, Gum, Bays, and Yaupon.
Cypress knees dot the forest floor.
The applicant proposes to construct a residence within the 100 year floodplain and waterward
of the delineated 404 wetland line within the cypress/gum swamp. The applicant wishes to
distance himself from the road and intrusion of car lights. The proposed residence will be pile
supported, with some of the graded area returned to original contour to offset the impacts of
filling wetlands adjacent to coastal marsh and Outstanding Resource Waters. The majority of
the driveway and the front lawn will be landward of the wetland line.
The preparation for the home, driveway, and parking pad requires the grading of approximately
6560 square feet. Of this disturbed area, approximately 2070 square feet is high ground. This
leaves approximately 4490 square feet of wetlands to be graded and filled. The applicant is
proposing to excavate the area for the house footings and return it to original grade. He is also
proposing to pour the driveway only to original grade for a portion of that structure. The intent
is to minimize the impact of constructing in the wetlands. By returning this 1750 square feet
to original contour, the applicant is showing that he will be filling and removing from
jurisdiction approximately 2740 square feet of wetlands.
The proposed built - upon area is well less than the 25% allowance in the ORW Estuarine
Shoreline. The U. S. Army Corps of Engineers has informed the applicant that the proposal is
inconsistent with the Nationwide 18 authorization on the basis of having a practical high ground
alternative.
The figures shown on the applicant's platwork refer only to wetland disturbance, and not the
total grade and fill area.

10. ANTICIPATED EMPACTS
The lot preparation for this project will cause the grading and filling of approximately 2070
square feet of high ground, and 4490 square feet of cypress/gum swamp. The applicant commits
to returning approximately 1750 square feet of the wetland area to original grade and contour,
leaving a total of 2740 square feet of wetlands to be filled above grade and removed from
jurisdiction.
Submitted by: T. Barrett Date: 5/3/95 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
7 7
a. Nam
e
?T}??4?•t??
Address TAG`/?
Citv?G4l.1&4( , State ?G
ZiP_s?-Day Phone
?1?
---Landowmeror_ v11' Authorized agent
b. Project name (if any)
C' If the applicant is not the landowner, also give the
owner's name and address.
:Jflcl?? ? L?D,t/
v
If you plan to build a marina, also complete and
attach Form DCi-W-2.
b. Is the Proposed activity maintenance of an
existing project, new work, or both?
C. Will the project be for community,. private, or
commercial use?
d. Describe the planned use of the project.
01
-- /.a /.4L L-?y /i
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract
b. Size of individual lot(s)-
c. Elevation of tract above mean sea level or
2 LOCATION OF PROPOSED Nation?t Geodetic Vertical Datum
PROJECT
a. Street address or secondary road number d. Soil type(s) and texture(s) of tract
G4q Or27"
. t_ .on on tract ?? ????GlvatSrn
b. Cin•, town, community, orlandmark
OFadE•t/ L'?LU,rti
Div 1"de features now on tract.
C. County !>vE.?
d. Is proposed work within city limits or g. NVh i I e CAMA Land Use Plan Classification of
,jurisdiction?Plannin? EB 17 199 (Consult the local land use plan.)
e. Name of body of water nearest projectr? DI VISlQ,? OP-- Conservation
?tJAS7AL 1V;AIVAG??Developed _ Transitional
l?uia Community
- Other
3 DESCRIPTION AND PLANNED USE h. How is tie tract zoned
w d by local government?
OF PROPOSED PROJECT i. How are adjacent waters classified?
a. Describe all development activities you pro pose (for
example, building a home, motel, marina, bulkhead,
or pier). ?j ?• Has a professional archaeological curve
--Ali Y- carried out for th tract? Y been
? If so, by whom?
3/91
I
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings facilities, or
structures proposed .?G
b. Number of lots or parcels -t
c. Density (Give the number residential units and the
units per acre.) ?t A
d. Size of area to be graded or disturbed
X350 54.Ar,
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 sub;nitted to the Division of Land
Resources?
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? ?-
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
LD1JA1T'Y 4 YS2g?ec
j. Have these facilities received state or local approval?
:e"
k. Describe existing treatment facilities.
"1 Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, indu thal/commercial effluent, "wash
,down"), kiq
m. Water supply source /-A- 1
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach acc s?•ays or provide new access.
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitat',-
floor?
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excav; Ica
or fill activities (excludine bulkheads, which 2:e
covered in Section 7).
Lene:h Width De-lth
Access channel
(iLW) or (_NZNVZ) JF?
Boat basin i ;
Other (break-
water, pier, ?f
boat ramp,
rock jetty) GO
DIVISION OF
STACMANAGEM

NT

Fill placed in =-
wet`and or below
MH

Upland fill
areas
b. Amount of material to be excavated from below
water level in cubic yards
c. Type of material
d. Does the area to be excavated inclt:de marshlanif.
swamps, or other wetland-s'
f9!.6; - 0)&71-4,0?,D-i
e. High ground excavation, in cubic yards
,2 3/91

Dimensions of spoil disposal area
g_ Location of spoil disposal area _14
I
c. S:Zreline erosion during precedit v 12 months, in
fe;; _itl?
d. Tv:?-- of bulkhead materi=:
h_ Do you claim title to the disposal area? 'AO
If not, attach a letter gra--sting permission from the
owner.
i. Will a disposal area be av Table for future
maintenance?
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas?
k. Will the fill material-° ,pI_ced below mean high
water? - /tl0
1. Amount of fill in cubic \a-as //O
m. Type of fill material 4:?Z?r1 ?i?XlO
n_ Source of fill material L=GY?¢L hLl??/EiZs
o. Will fill material be placed on marsh or other
AkA16
e. Amount of fill, in cubic yards, to be placed below
mean high water A122A?
f. T\x of fillmaterial 1{f/
8 ^DDITIONAL INFORMATION
In ad.`--ion to the completed application form, the folio\t--
ing i z:s must be submitted:
A copr of the deed (with st__e application only) or oche:
instr--e:,t under which the ZLDhc_nz claims title to the
affectz:; property. If the applicant is not claiming to b.-
the o•-mer of said property. t::-,n fo; , and a copy of the
deed o_ other instrument under w-hic:, the owner claims
title. written permission. fmm the owner to cam_• ota
the p ct. ffTTi9Ch?.
wetlands? `' An aerate %%-ork plat (inci_dirg plan view and cross
?
?
P- Dimensions of the well:` t lJ?? settle drawings) drawn to scam in black irk on an S
`
VXW- A44AII 2 i/2 x 11 white paper. (Ref,-7 :o Co=s__I Resource.
Con-77:ssion Rule U-0203; ora deter Ied descnptlon.)
477 424,-14??
a_ How will excavated or flit material be k?pror site.
.
71
'
,
and erosion controlled DT,
-" ?
c
&+1e
:!- oteat original d;rw: cs prefer-,,d and
?
?
? OIll}"=_
u IlI\' COPIeS w'1!_ +?'Z 2CCLO:ed. $1L•?-3i. e
J A
--`y /,pp ?• _ --cc _ _
'3r larger plats C e GLr+l_nle onl?• ! hls
?
qua spies are provided _v (Co:,:=c, the
that t\pe of consccLan equip:, ens will ii +iiL'

r. be use t?IriS` ''^y Co rs of Engine_- re
-q tha_ a_e-CN,=
i r avangs_ A ;:_e or lc?a ion map: s a ?-
' A
(for example, drasline. hackhoe, or hydratiic-\s ' !? L i _? ) - p-:
dredge)? ?iAGie of p:.: regi!irements and it ru_t be s fficiently eetailc:
' to 22encv personnel u_L`:-niliar with the area to the
site- include county road (SR) numbers, landmarks. an4
s. Will wetlands be c sled in transporting equipment the
to project site? if yes. explain steps that will
be taken to lessen irotruental impacts- A sto:., .cater management plan, if applicable- that
may _vt been developed in consultason with the
Div,.~-on of Environmental
A li_- of the names and complete addresses of the
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap f?
b. Average distance wa[eru-ard o mean high water or
normal water level
adjaynt w2terfront (riparian) landowners- These
indit_ials have 30 days in w=hich to submit comments
on tt-C proposed project to the Division of Coastal
Ma.riz-zement and should be advised by the applicant of
that c-pporrunity.
391

Name LEA Ortle%IOe:Or"
Address l0?3 T."A!?oe e4%,G 4,A45,
k)IL4 "417"t , Ale .
'Name 4W S- 'D,l76al Al
Address S?Orv C14`i7sxee yT-
/L.uiKGTlJ7t? AA-e. Z??Oti
'Name IV4i
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issu'ng dates.
A check for S250 made payable to the Department of
Environment, Health, and Natural Resources to cover
the costs of processing the application. .,?TTi4?'i45r9
A signed AEC hazard notice for projects in oceanfront
and inlet areas. VP
9 CERTIFICATION AND PERMISSION
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 conditions and restrictions
contained in the permit.
I certify that to the best of my krI&-ledge, the proposed
activity complies with the Stat of No
rLh Carolina's ap-
proved Coastal Manageme Program and will be con-
ducted in a manner consisI t with such program.
I further certify that Ism 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 follo,?%^-up monitoring of
project.
This is the ? day of
il2Gl? , 19
X yaz???
Landowner or Authorize agent
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. 113 A-1 to 10).
1/1V
FEB 171995
DIVISION OF
COASTAL MANAGEMENT

4 3/91
NARRATIVE
Timber Creek Lot #13
The residence is comparably aligned with the other residents viewing Howe Creek and sited to
allow the large deciduous trees, which provide visual buffering from the street, to remain. Also
existing pine trees along the driveway will screen auto headlights that would sweep across the
house from the intersection at Red Cedar.
Further, the house is situated complimentary with the existing contours so as not to impede
natural rainwater runoff to Howe Creek.
Note also that the following agencies / staff have been met on site:
• New Hanover County / Ann Hines - Who flagged the marsh line depicted on the site plan
and subsequent conservation setback.
• Corps of Engineers / Marta Boros, Michael Hosey - Flagged the "404" Wetlands Line.
• Department of Environmental Management (DEM) / Jim Gregson - Preliminary site
evaluation.
T, '7,
FEB 17 1995 D19
DIVISION OF
COASTAL MANAGEMENT
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