19970075 Ver 1_COMPLETE FILE_19970203

LIEN` k UM PRINT NAMES :
Reviewer: r0: JOHN DORNEY WQ SUPV.: R S S
ENVIRONMENTAL SCIENCES BRANCH DATE: 1/5/gl
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE)
PERMIT YR:
APPLICANT NAME:
PROJECT-TYPE:
COE #:
RCD FROM CDA:
REG_OFFICE:
97 PERMIT NO: 0000075
SOUTH.COLLEGE ASSOCIATES
RESIDENTIAL DEVELOP.
DCM
WIRO
COUNTY: NEW HANOVER
PERMIT TYPE: NW26/17
150T-#:
DATE FRM CDA: 02/03/97
RIVER-AND-SUB-BASIN-#: 0306
STREAM CLASS: C
WL IMPACT?: (DN
WL REQUESTED : iP-3
WL_SCORE (#) : / 7
MITIGATION?: Y&
MITIGATION SIZE:
STR_INDEX N0: 18-82
WL TYPE : (dl?_
WL ACR EST?: Y/O
WATER IMPACTED BY FILL?: Y/O
MITIGATION-TYPE:
DID YOU REQUEST MORE INFO?: Y/N
IS WETLAND,RATING SHEET ATTACHED?: ON
*
?o? 2?q J A
l
Jsc??O ,
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/N
RECOMMENDATION (Circle One): ISSUE ISSUE COIF DENY
COMMENTS: ?a~ 3&L2W
o r
./v+ /Aa /._A?`is .A?.P(d7/ILJI'7 ell
4
y

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rm 't"ni
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:,. cjcz
I wev -"'anr, -wl - C) G - no ° 1l en Off` r d
Wa ?R
Wetland type (selec?, one)X ..,..,
? Bottomiand hardwood Pores` s
? Pine szvannc
? ea..vater Forest ?
? y Fres;,,vater ma-c;;
imp rGr _
?
?^ Boa/ ren
p 'moral
? Poccsi
? CarGi;,^a B2v
? Boo Forest ? Othe-
"The rating sv,te-i c-__not :,e aoi>' r
can no- e? to salt or brackish marshes or
channels
weront
4VaterStGraa2 X 4.00 - /
-I-- -
Bank/Shores „ s.aculza"c? x 4.00 = ?- ?--_ Wetland Score
Fo;lutar,t remcva. ? x 5.00 - ?-
r b•riidIi`e ^
u tab,t Z. ? x 2.00
Aquatic !i e vale 0 I ;
x 4.00 ,
P,ecr-- . I ?. ? n/ _ r ,
?duca:ic:i x 1.00 /
? f `a i
?n Add Poiw i in C--n -J /
s t ?
e v:aterc.?,h,c ar:c > 1 00,6 nonpoint disturbance within 1. mile •- -- upslop /
e, or radius
-5%
t

WARD AND SMITH, P.A.
ATTORNEYS AT LAW
120 WEST FIRE TOWER ROAD
POST OFFICE BOX 8088
GREENVILLE, N.C. 27835-8088
TELEPHONE [phone]
FACSIMILE [phone]
UNIVERSITY CORPORATE CENTER
127 RACINE DRIVE
POST OFFICE BOX 7068
WILMINGTON, N.C. 28406-7066
TELEPHONE [phone]
FACSIMILE [phone]
VIA TELECOPIER
1001 COLLEGE COURT
POST OFFICE BOX 867
NEW BERN, N.C. 28563-0867
TELEPHONE [phone]
FACSIMILE [phone]
July 3 ,1=997-
i
JU!) i i 1997

SUITE 2400
TWO HANNOVER SQUARE
FAYETTEVILLE STREET MALL
POST OFFICE BOX 2091
RALEIGH, N.C. 27602-2091
TELEPHONE [phone]
FACSIMILE [phone]
COPY
ORIGINAL VIA. U. S . MAIL
?• ;yam
Office of Administrative Hearings
Post Office Box 27447
Raleigh, North Carolina 27611-7447 6o._
RE : Petition for a Contested Case Hearin Fr> # = F? °j
Our File 97,0387(A) Ladies and Gentlemen:
f? ??-
Enclosed for immediate filing please find a Petition 'for Contested
Case Hearing submitted on behalf of South College Associates, c/o
Mr. William Buchanan. Pursuant to OAH rules, this petition is
filed this day via facsimile transmission, with the original to
follow via U.S. Mail.
I would be most appreciative if you would call either me or my
paralegal, Doug Lindeman, at 919-633-1000 to confirm receipt and
filing this afternoon.
Thank you for your attention to this matter and best regards for
the Holiday Weekend. In that regard, I remain
Yours trul,r
t
< tee, 0
I. Clark Wright, Jr. ?Gpo ¢V -,
s
ICW:del ?o
WSMAIN/225285 .DJ
Enclosure
CC: Mr. A. Preston Howard, Jr.
Mr. John Dorney
Mr. Richard Whisnant

PLEASE PRINT CLEARLY OR TYPE
STATE OF NORTH CAROLINA IN THE OFFICE OF
COUNTY OF (I )NEW HANOVER ADMINISTRATIVE HEARINGS
(2) South College Associates, )
Petitioner,
(Your Name) )
V. ) PETITION
FOR A
(3) Division of Water Quality, Department of Environment, ) CONTESTED CASE HEARING
Health and Natural Resources )
Respondent. )
(The State Agency or Board about which you are
complaining)
I hereby ask for a contested case hearing as provided for by G.S. 15OB-23 because the:
(4) Division of Water Quality, Department of Environment, Health and Natural Resources has:
(name of agency)
(Briefly state facts showing how you believe you have been harmed by the state agency or board.)
See Attached
(f more space is needed use additional sheets and attach)
(5) (Check all that apply) Because of these facts, the agency has:
X deprived me of property;
ordered me to pay a fine or civil penalty;
X otherwise substantially prejudiced my .
rights; and based on these facts the has
exceeded its authority or jurisdiction
X acted erroneously;
X failed to use proper procedure;
X acted arbitrarily or capriciously; or
X failed to act as required by law or rule.
###i#i#fiffftffiffftii!ltfftfff##i#!###!i#itiiittli##!#!#itifilt!!!!lfit!!#f#litiiiltii#i!i###t######i###############t##
(6) Date: 7-3-97
(8) Print your addre!
(9) Print your name:
(10) Your signature:
fi##!# !ilfitlf##tttitf?
You must mail or deliver a COPY to the State Agency named on line (3) of this form. Please indicate below.
CERTIFICATE OF SERVICE
I certify that this Petition has been served on the State Agency named below by depositing a copy of it with the United States Postal Service
with sufficient postage OR by delivering it to the named agency.
Served
Depa„nent of Environment, Health and Natural Resources,
(11) See Attached ) (12) Division of Water Quality
(name) (agency)
(13) See Attached
(address)
(14) This the 3rd day of July, 1997.
(15)
(your signature)
When you have completed this form you MUST mail or deliver the ORIGINAL and one COPY to the Office of Administrative Hearings, P.O.
Drawer 27447, Raleigh, NC 27611-7447.
H-06 (11191)
(7) Your telephone number: [phone]
Attachment to 7/3/97 Contested Case Petition
South Collette Associates, Petitioner
As discussed in more detail in the attached July 1, 1997 letter,
incorporated herein by this reference and denoted as Exhibit "A,"
a number of conditions unilaterally imposed by the North Carolina
Division of Water Quality' in a May 7, 1997 401 Certification
letter2 are, in material respects, unlawful, arbitrary, capricious,
without proper procedure, and a unlawful deprivation of
Petitioner's property rights. Informal efforts to address and
resolve this matter, including oral and written communications,
have to-date been unsuccessful; Petitioner must file this Petition
For Contested Case Hearing to preserve all legal rights under
Article 3 of Chapter 150B of the General Statutes. Petitioner
intends, however, to continue efforts to address and resolve the
issues raised herein short of a full administrative hearing.
Attachment (Exhibit "A")
97-0387(A)
WSMAIN/225357.
'The North Carolina Division of Water Quality, located within
the Department of Environment, Health and Natural Resources, has
been delegated authority from the North Carolina Environmental
Management Commission (EMC) to issue Section 401 Certifications.
2A copy of the May 7, 1997 letter is contained as an
attachment to Exhibit "A."
WARD AND SMITH, P.A.
ATTORNEYS AT LAW
120 WEST FIRE TOWER ROAD
POST OFFICE BOX 8088
GREENVILLE. N.C. 27835-8088
TELEPHONE [phone]
FACSIMILE [phone]
UNIVERSITY CORPORATE CENTER
127 RACINE DRIVE
POST OFFICE BOX 7068
WILMINGTON, N.C. 28406-7068
TELEPHONE [phone]
FACSIMILE [phone]
1001 COLLEGE COURT
POST OFFICE BOX 867
NEW BERN, N.C. 28563-0867
TELEPHONE [phone]
FACSIMILE [phone]
July 1, 1997
SUITE 2400
TWO HANNOVER SQUARE
FAYETTEVILLE STREET MALL
POST OFFICE BOX 2091
RALEIGH, N.C. 27602-2091
TELEPHONE [phone]
FACSIMILE [phone]
VIA TELECOPIER
A. Preston Howard, Jr., P.E.
Director, Division of Water Quality
512 North Salisbury Street
Archdale Building
Raleigh, North Carolina 27602
RE: 401 Certification - South College Associates
DWQ Project No. 970075
Our File 97-0387(A)
Dear Preston:
I write with concern regarding a 401 Certification letter recently
issued by DWQ to our client, Mr. Bill Buchanan of South College
Associates. In a letter dated May 5, 1997, signed by John Dorney
on your behalf, a conditional Section 401 Certification was issued
to our client. The purpose of this letter is to bring several of
the conditions contained in this letter to your attention and, in
light of the shortness of our client's remaining appeal time frame,
to request your immediate attention to, and reconsideration of, the
following issues.
First, the letter demands that our client place a deed restriction
or conservation easement over all remaining wetlands on the
property (area undefined). Preston, this appears to be an improper
and unauthorized attempt to take property without compensation and
bears no legal relationship to DWQ's valid concerns in addressing
potential impacts associated with the proposed activity. DWQ has
no business holding hostage undeveloped and unfilled wetland areas
on our client's private property as a precondition to the granting
of permission to fill the 2.37 acres of low value, nonriparian
wetlands already approved under our client's Nationwide 26 Section
404 federal wetlands permit. This deed restriction/easement
condition should be deleted not only from our client's letter, but
from any and all 401 certification letters issued by DWQ.
Second, the letter imposes a 2:1 compensatory mitigation ratio
based on the presence of a so-called "blue line stream" on our
WARD AND SMITH, P.A.
A. Preston Howard, Jr., P.E.
July 1, 1997
Page 2
client's property as depicted on the 7.5 minute USGS topographic
map for the area. This so-called "blue line stream" is nothing
more than an old drainage canal. In essence, our client is being
asked to double his mitigation costs because the USGS map does not
discriminate between a man-made drainage canal with intermittent
water flow and, as a contrasting example, a clear flowing trout
stream, natural creek or even a major river.
While our client understands and accepts the basic concept of
wetlands mitigation, we do not understand a doubling of mitigation
requirements due to the failure of the USGS topo map to properly
label a man-made canal and application of a literalistic
interpretation of the wetland regulations. We ask only that DWQ
exercise site-specific judgment in this case and impose an
appropriate mitigation ratio based on the realities of our client's
property - property that previously was ditched and drained and is
surrounded by existing development.
Third, our client actually is being requested to mitigate at even
greater than a 2:;1 ratio. A doubling of the 2.37 acres of wetlands
fill required for this project yields a total of 4.74 acres of
required mitigation, yet the 401 Certification letter asks for 5.00
acres of mitigation. Given the high per acre costs of mitigation,
the .26 acre difference between 4.74 and 5.00 alone represents
several thousand dollars to our client.
Fourth, DWQ's letter implies - wrongly - that the only mitigation
option open to our client is to make a cash payment to the State's
Wetlands Restoration Fund. As a former member of the wetlands
legislative committee that reviewed this issue last year, I greatly
am concerned that DWQ apparently is issuing 401 certification
letters that fail to inform permittees of other mitigation options
available to them, including: (1) the preferred alternative of on-
site mitigation; (2) off-site mitigation by the permittee; and (3)
mitigation payments to private mitigation banks located in the same
area or watershed. Ironically, given the infancy of the Wetlands
Restoration Fund (the State has yet to restore, enhance, preserve
or create any wetlands using this fund), our client's payment of
money to the State's fund, as requested in DWQ's letter, will do
little or nothing to improve the environment for many, many months,
if not years, to come.
Preston, despite the significant program-wide issues as identified
above, our client very much would like to resolve the narrower
issues for this project as quickly and simply as possible. In
furtherance of that goal, I have authority from our client to make
the following compromise proposal. Our proposal is to accept all
of the terms of DWQ's existing conditional 401 certification letter
with two changes: (1) deletion of the deed restriction/conservation
WARD AND SMITH, P.A.
A. Preston Howard, Jr., P.E.
July 1, 1997
Page 3
easement requirement; and (2) reduction of the required mitigation
from 5.00 acres to 3.00 acres. If these relatively minor changes
are acceptable to DWQ, I am in a position to immediately tender the
sum of $36,000.00 (3.00 acres of nonriparian mitigation at the
regulatory rate of $12,000.00 per acre) by means of our trust
account check in satisfaction of all mitigation requirements for
this project.
In light of the shortness of our client's remaining appeal time, it
is imperative that we attempt to address and resolve this matter in
the next 48 hours. Otherwise I will have no alternative but to
file, via fax, a petition for contested case hearing by the close
of business on Thursday, July 5, 1997 in order to preserve our
client's appeal rights. While it certainly is possible to resolve
this matter after the filing of such a petition, our client very
much would like to avoid that necessity if possible.
Thank you very much for your prompt attention to this matter and I
look forward to working with you and your staff to reach a quick
and mutually satisfactory resolution. In that regard, I remain
ICW:icw
WSMAIN/225033
Enclosure
CC: Mr. Daniel C. Oakley
Ms. Jill Hickey
Mr. John Dorney
Ms. Linda Rimer
919343041:11- a . ... . -- 1r : • ?..--. -- ....
State of North Carolina
Department of Environment,
Health and Natural Resources
Dlvislon of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes. Secretary
A. Preston Howard, Jr., P.E., Director
-MAA
May 7.1997
New 1149novez County
DWQ Project # 970075
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
South College Associates
clo Mr. Bill Buchanan
228 N. Front Street
Suite 309
Wilmington, NC 28401
Dear Mr. Buchanan:
You have our approval, in accordance with the attac'nedeotlditiortx and those ]' t below, to place fill snatarial in
2.37 acres of wetlands or waters for the purpose of. constructing a rest ual development at Still Meadow Village
Apts. at South College Road near Monkey Junction, as you described in your application dated 27 January 1997.
After reviewing your application, we have decided that this fill is covered by General Water Quality Certification
Number 3108. This certification allows you to use Nationwide Permit Number 26 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 except as modified
below. If you change your project, you must notify us and you may be required to send us a new application. If total
wetland fills for this project (crow or in the future) exceed one acre, compensatory mitigation may be required as !
described in 15A NCAC 2H .0506 (11) (6) and (7). For this approval to be valid, you must follow the conditions
listed in the attached certification and any additional conditions listed below. A eed restricti(m awn conscrvp ?'
easement shall be added to all remaimtnn,, wetlands to proven?tfuture u ntn?tt,1 lit to satisfied by a contrt utron to
as r uucu •?•? •.----- -_ - -- - - `
coin cnsato nut scion for arts 91=-
--? r},? C Weth?d< Rest ccording to 1A NCAC .0306(h)(7) most of the site is from 150 to 1 ,
thcrcforc 5.0 acres o n pariah
body _M
feet of a water as sho on them t ecent tTSQS trap,
toration rogram receives u
wetland miti ai Oct will nC?c (see attached fee schedule), Until the Wetland Res xi
c ears a check, we an t may not occur. You have one month- fro?the date o cirrlltcation io make this ?l lie
G O /,7
?yment.-For accounting purposes, this Certification authorizes the fill of 2 37 acres of nonrtparian wetland fill, 111
subbasin 030617 and 5.0 acres of restoration are required. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal
Stormwater, Non-Discbarge and Water Supply Watershed regulations. This approval will expire, when the
accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
If you do not accept any of the conditions of this certification. you may ask for an adjudicatory bearing. You
must act witliit 6 ayt I?f the date that ycx? receive this letter. To ask for a hearing, send a written petition which
Box
confoftm to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings,
27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unles% ou ask for a
hntDomey at 919-717$6. der Section 401 of the Clean Water Act. If
hearing. Wate This letter completes he t? of the
you have any questions, p eP
PtIonow , JrJP
Attachment
ca Wilmington District Corps of ErIgitlears
Corps of Engineers Wilrnrngton Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
ventral Files 970075.1tr
Charlie Hollis
Division of Water Quality • Environmental Sclenoes Branch
Emp Employer * 50k recycied/l0% post consumer 3paper FAX # [phone]
Environmentall Opportunity BAffirmative Act cn crook
An qua_
i
CERTIFICATE OF SERVICE
I certify that I have this day served a copy of the
foregoing PETITION FOR A CONTESTED CASE HEARING by depositing a
copy thereof in an envelope bearing sufficient postage in the
United States mail at New Bern, North Carolina, addressed to the
following persons at the following addresses which are the last
addresses known to me:
Richard B. Whisnant
General Counsel for the Department
Environment, Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611
Mr. A. Preston Howard, Jr.
Director, Division of Water Quality
Department of Environment, Health and
Natural Resources
Post Office Box 29580
Raleigh, North Carolina 27626-0580
Mr. John Dorney
Division of Water Quality
Department of Environment, Health and
Natural. Resources
Post Office Box 29580
Raleigh, North Carolina 27626-0580
This the third day of July, 1997.
For the firm of of
Ward and Smith, P.A.
1001 College Court
Post Office Box 867
New Berri, North Carolina 28563-0867
Telephone: [phone]
Facsimile: [phone]
Attorney for South College Associates

WARD AND SMITH, P.A.
ATTORNEYS AT LAW
120 WEST FIRE TOWER ROAD
POST OFFICE BOX 8088
GREENVILLE. N.C. 27835-8088
TELEPHONE [phone]
FACSIMILE [phone]
UNIVERSITY CORPORATE CENTER
127 RACINE DRIVE
POST OFFICE BOX 7068
WILMINGTON, N.C. 28406-7068
TELEPHONE [phone]
FACSIMILE [phone]
COPY
VIA TELECOPIER
ORIGINAL VIA U.S. MAIL
1001 COLLEGE COURT
POST OFFICE BOX 867
NEW BERN, N.C. 28563-0867
TELEPHONE [phone]
FACSIMILE [phone]
July 3, 1997
Office of Administrative Hearings
Post Office Box 27447
Raleigh, North Carolina 27611-7447
RE: Petition for a Contested Case Hearing
Our File 97-0387(A)
Ladies and Gentlemen:
SUITE 2400
TWO HANNOVER SQUARE
FAYETTEVILLE STREET MALL
POST OFFICE BOX 2091
RALEIGH, N.C. 27602-2091
TELEPHONE [phone]
FACSIMILE [phone]
RECEIVED
01 Q 9199h
ENVIRONMENTAL SCIENCES
80 a Nj?14
Enclosed for immediate filing please find a Petition for Contested
Case Hearing submitted on behalf of South College Associates, c/o
Mr. William Buchanan. Pursuant to OAH rules, this petition is
filed this day via facsimile transmission, with the original to
follow via U.S. Mail.
I would be most appreciative if you would call either me or my
paralegal, Doug Lindeman, at 919-633-1000 to confirm receipt and
filing this afternoon.
Thank you for your attention to this matter and best regards for
the Holiday Weekend. In that regard, I remain
Yours truly,
I. Clark Wright, Jr.
ICW:del
WSMAIN/225285
Enclosure
CC: Mr. A. Preston Howard, Jr.
Mr. John Dorney
Mr. Richard Whisnant
PLEASE PRINT CLEARLY OR TYPE
STATE OF NORTH CAROLINA
COUNTY OF (1)NEW HANOVER
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
(2) South College Associates, )
Petitioner, )
(Your Name)
PETITION
V. FOR A
CONTESTED CASE HEARING
(3) Division of Water Quality, Department of Environment, )
Health Natural Resources )
Respondent. )
(The State Agency or Board about which you are
complaining)
I hereby ask for a contested case hearing as provided for by G.S. 15OB-23 because the:
(4) Division of Water Quality Department of Environment, Health and Natural Resources has:
(name of agency)
(Briefly state faces showing how you believe you have been harmed by the state agency or board.)
See Attached
(if more space is needed, use additional sheets and attach)
(5) (Check all that apply) Because of these facts, the agency has:
X deprived me of property;
ordered me to pay a fine or civil penalty;
X otherwise substantially prejudiced my
rights; and based on these facts the has
exceeded its authority or jurisdiction
X acted erroneously;
X failed to use proper procedure;
X acted arbitrarily or capriciously; or
X failed to act as required by law or rule.
iiiflif#s#ffttififfffiiRitriiifRR#tiiitiiRR##iRR#Riii##f####RRRi##RiifiiifRrtrriRRrttirit##rrt###RRRi#rRr#R#rrifft######
(6) Date: 7-3-97
(8) Print your addr
(9) Print your name
(10) Your signature:
•sr#s# ssrsisRRSSSSSSt
You must mail or deliver a COPY to the State Agency named on line (3) of this form. Please indicate below.
CERTIFICATE OF SERVICE
I certify that this Petition has been served on the State Agency named below by depositing a copy of it with the United States Postal Service
with sufficient postage OR by delivering it to the named agency.
Served
Department of Environment, Health and Natural Resources,
(11) See Attached (12) Division of Water Quality
(name) (agency)
(13) See Attached
(address)
(14) This the 3rd day of July, 1997.
(15)
(your signature)
When you have completed this form you MUST mail or deliver the ORIGINAL and one COPY to the Office of Administrative Hearings, P.O.
Drawer 27447, Raleigh, NC 27611-7447.
H-06 (11/91)
(7) Your telephone number: [phone]
Attachment to 7/3/97 Contested Case Petition
South College Associates, Petitioner
As discussed in more detail in the attached July 1, 1997 letter,
incorporated herein by this reference and denoted as Exhibit "A,"
a number of conditions unilaterally imposed by the North Carolina
Division of Water Quality' in a May 7, 1997 401 Certification
letter2 are, in material respects, unlawful, arbitrary, capricious,
without proper procedure, and a unlawful deprivation of
Petitioner's property rights. Informal efforts to address and
resolve this matter, including oral and written communications,
have to-date been unsuccessful; Petitioner must file this Petition
For Contested Case Hearing to preserve all legal rights under
Article 3 of Chapter 150B of the General Statutes. Petitioner
intends, however, to continue efforts to address and resolve the
issues raised herein short of a full administrative hearing.
Attachment (Exhibit "A")
97-0387(A)
WSMAIN/225357.
'The North Carolina Division of Water Quality, located within
the Department of Environment, Health and Natural Resources, has
been delegated authority from the North Carolina Environmental
Management Commission (EMC) to issue Section 401 Certifications.
2A copy of the May 7, 1997 letter is contained as an
attachment to Exhibit "A."
WARD AND SMITH, P.A.
ATTORNEYS AT LAW
120 WEST FIRE TOWER ROAD
POST OFFICE BOX 8088
GREENVILLE. N.C. 27835-8088
TELEPHONE [phone]
FACSIMILE [phone]
UNIVERSITY CORPORATE CENTER
127 RACINE DRIVE
POST OFFICE BOX 7068
WILMINGTON, N.C. 28406-7068
TELEPHONE [phone]
FACSIMILE [phone]
1001 COLLEGE COURT
POST OFFICE BOX 867
NEW BERN, N.C. 28563-0867
TELEPHONE [phone]
FACSIMILE [phone]
July 1, 1997
SUITE 2400
TWO HANNOVER SQUARE
FAYETTEVILLE STREET MALL
POST OFFICE BOX 2091
RALEIGH, N.C. 27602-2091
TELEPHONE [phone]
FACSIMILE [phone]
VIA TELECOPIER
A. Preston Howard, Jr., P.E.
Director, Division of Water Quality
512 North Salisbury Street
Archdale Building
Raleigh, North Carolina 27602
RE: 401 Certification - South College Associates
DWQ Project No. 970075
Our File 97-0387(A)
Dear Preston:
I write with concern regarding a 401 Certification letter recently
issued by DWQ to our client, Mr. Bill Buchanan of South College
Associates. In a letter dated May 5, 1997, signed by John Dorney
on your behalf, a conditional Section 401 Certification was issued
to our client. The purpose of this letter is to bring several of
the conditions contained in this letter to your attention and, in
light of the shortness of our client's remaining appeal time frame,
to request your immediate attention to, and reconsideration of, the
following issues.
First, the letter demands that our client place a deed restriction
or conservation easement over all remaining wetlands on the
property (area undefined). Preston, this appears to be an improper
and unauthorized attempt to take property without compensation and
bears no legal relationship to DWQ's valid concerns in addressing
potential impacts associated with the proposed activity. DWQ has
no business holding hostage undeveloped and unfilled wetland areas
on our client's private property as a precondition to the granting
of permission to fill the 2.37 acres of low value, nonriparian
wetlands already approved under our client's Nationwide 26 Section
404 federal wetlands permit. This deed restriction/easement
condition should be deleted not only from our client's letter, but
from any and all 401 certification letters issued by DWQ.
Second, the letter imposes a 2:1 compensatory mitigation ratio
based on the presence of a so-called "blue line stream" on our
WARD AND SMITH, P.A.
A. Preston Howard, Jr., P.E.
July 1, 1997
Page 2
client's property as depicted on the 7.5 minute USGS topographic
map for the area. This so-called "blue line stream" is nothing
more than an old drainage canal. In essence, our client is being
asked to double his mitigation costs because the USGS map does not
discriminate between a man-made drainage canal with intermittent
water flow and, as a contrasting example, a clear flowing trout
stream, natural creek or even a major river.
While our client understands and accepts the basic concept of
wetlands mitigation, we do not understand a doubling of mitigation
requirements due to the failure of the USGS topo map to properly
label a man-made canal and application of a literalistic
interpretation of the wetland regulations. We ask only that DWQ
exercise site-specific judgment in this case and impose an
appropriate mitigation ratio based on the realities of our client's
property - property that previously was ditched and drained and is
surrounded by existing development.
Third, our client actually is being requested to mitigate at even
greater than a 2:1 ratio. A doubling of the 2.37 acres of wetlands
fill required for this project yields a total of 4.74 acres of
required mitigation, yet the 401 Certification letter asks for 5.00
acres of mitigation. Given the high per acre costs of mitigation,
the .26 acre difference between 4.74 and 5.00 alone represents
several thousand dollars to our client.
Fourth, DWQ's letter implies - wrongly - that the only mitigation
option open to our client is to make a cash payment to the State's
Wetlands Restoration Fund. As a former member of the wetlands
legislative committee that reviewed this issue last year, I greatly
am concerned that DWQ apparently is issuing 401 certification
letters that fail to inform permittees of other mitigation options
available to them, including: (1) the preferred alternative of on-
site mitigation; (2) off-site mitigation by the permittee; and (3)
mitigation payments to private mitigation banks located in the same
area or watershed. Ironically, given the infancy of the Wetlands
Restoration Fund (the State has yet to restore,.enhance, preserve
or create Any wetlands using this fund), our client's payment of
money to the State's fund, as requested in DWQ's letter, will do
little or nothing to improve the environment for many, many months,
if not years, to come.
Preston, despite the significant program-wide issues as identified
above, our client very much would like to resolve the narrower
issues for this project as quickly and simply as possible. In
furtherance of that goal, I have authority from our client to make
the following compromise proposal. Our proposal is to accept all
of the terms of DWQ's existing conditional 401 certification letter
with two changes: (1) deletion of the deed restriction/conservation
WARD AND SMITH, P.A.
A. Preston Howard, Jr., P.E.
July 1, 1997
Page 3
easement requirement; and (2) reduction of the required mitigation
from 5.00 acres to 3.00 acres. If these relatively minor changes
are acceptable to DWQ, I am in a position to immediately tender the
sum of $36,000.00 (3.00 acres of nonriparian mitigation at the
regulatory rate of $12,000.00 per acre) by means of our trust
account check in satisfaction of all mitigation requirements for
this project.
In light of the shortness of our client's remaining appeal time, it
is imperative that we attempt to address and resolve this matter in
the next 48 hours. Otherwise I will have no alternative but to
file, via fax, a petition for contested case hearing by the close
of business on Thursday, July 5, 1997 in order to preserve our
client's appeal rights. While it certainly is possible to resolve
this matter after the filing of such a petition, our client very
much would like to avoid that necessity if possible.
Thank you very much for your prompt attention to this matter and I
look forward to working with you and your staff to reach a quick
and mutually satisfactory resolution. In that regard, I remain
ICW:icw
WSMAIN/225033
Enclosure
cc: Mr. Daniel C. Oakley
Ms. Jill Hickey
Mr. John Dorney
Ms. Linda Rimer
91 93430325 P __02 ,.....
j State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
A. Preston Howard, Jr., P.E., Director IK VIVA
Jonathan B. Howes, Secretary
IT
A
wt??r
E::) Pt
May 7.1997
New Hanover County
DWQ Project # 970075
APPROVAL of 401 Water Quality Certification stud ADDITIONAL CONDITIONS
South College Associates
clo Mr. Bill Buchanan
228 N. Front Strcxt
Suite 309
Wilmington, NC 29401
Dear W. Buchanan;
You have our approval, in accordance with" attaehedoonditions and th 1' below, to place fill material in
137 acres of wetlands or waters for the purpose of constructing a rest sal development at Still Meadow Village
Apts. at South College Road near Monkey Junction. as you described Ia your application dated 27 January 1997.
After reviewing your application. we have decided that this fill is covered by Ocncral Water Quality Certification
Number 3108. This certification allows you to use Nationwide Permit Number 26 when it is issued by the Corps of
tracers.
• This approval is only valid for the purpose and design that you described In your application except as modified
below. If you change your project, you must notify its and you may be required to read us a new application. If total
wetland fills for this project (crow or in the future) exceed one acre, corq?wsatoty mitigation may be required as
described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions
listed in the attached certification and any additional conditions listed below. A restricti or conservation
easement shall be added to all remaining wetlands to prevent future w s2 n e ur plans,
rUr A^ ev by a contra ut on to
com ensata mutt aeon. rqr una v w. ? _ ___
--? the P Wetl??? Restoration gXam??ccording to 1 A N A .0506(hx7) rttost of tha site is from 150 to '
lirap, therefore 5.0 aZcs_o nonnpanan
water as rho on the mt recent S
feet of a
wetland tid iRat- will nxdc,(s= anached fee $?kediile). Until tho Wetland Rcsloratto?rcgram receives and
c ears a eck, we an i may not occur. You ve n date of thit-C&r0fication to make this
-lSymcnt-.For accounting purposes, this Co6ifrcation authorizes the fill of 2.37 acres of nonriparian wetland fill, ui L O .f•?j
subbasin 030617 and 5.0 acres of restoration are required. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not kindled to) Sediment and Erosion Control, Coastal
Stormwatcr, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the
accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
U you do not accept any of the conditions of this certification. you may ask for an adjudicatory hearing. You
must act within 6p Q of the date that yep rec? _'No 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 compTletes_tkte review _ of the, Division of Water Quality under Section 401 of the Clean Water Act. If
you have any quesuoits, please telephone John Doracy at 919-733-1786.
S 1?
ton ow d. Jr. P
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wiln-dwon DWQ Regional Office
Mr. John Donley
Central Files 970075.1tr
Charlie Hollis
Division of Water Ouallty • Environmental Sciences Branch
EmP Employer - 50% reeycied/10%e ppostnconsumer 3paper FAX g 733-8959
Environmental c n Qd Bit AtOrmati a Ac ion Crook
An 9ual oPP Y
CERTIFICATE OF SERVICE
I certify that I have this day served a copy of the
foregoing PETITION FOR A CONTESTED CASE HEARING by depositing a
copy thereof in an envelope bearing sufficient postage in the
United States mail at New Bern, North Carolina, addressed to the
following persons at the following addresses which are the last
addresses known to me:
Richard B. Whisnant
General Counsel for the Department
Environment, Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611
Mr. A. Preston Howard, Jr.
Director, Division of Water Quality
Department of Environment, Health and
Natural Resources
Post Office Box 29580
Raleigh, North Carolina 27626-0580
Mr. John Dorney
Division of Water Quality
Department of Environment, Health and
Natural Resources
Post Office Box 29580
Raleigh, North Carolina 27626-0580
This the third day of July, 1997.
For the f irm of of
Ward and Smith, P.A.
1001 College Court
Post Office Box 867
New Bern, North Carolina 28563-0867
Telephone: [phone]
Facsimile: [phone]
Attorney for South College Associates
State of North Carolina IT
Department of Environment, LTO?FA
Health and Natural Resources 4 •
Division of Water Quality
James B. Hunt, Jr., Governor p
Wayne McDevitt, Secretary p E H N
A. Preston Howard, Jr., P.E., Director
August 1, 1997
MEMO
TO: Clark Wright
FROM: John DornRE: South College Associates
401 Water Quality Certification
New Hanover County
DWQ # 970075 .
Thank you for your letter of 1 July 1997 and for our followup meeting of 29 July 1997. I
have reviewed the relevant regulations and believe that the following change can be made in the
401 Certification in accordance with 15A NCAC 2H .0506(h).
The project was approved on 7 May 1997 to fill 2.37 acres of wetlands. After reflecting
on your client's proposal to permanently preserve the 4.19 acres of remaining wetlands on-site, I
believe that the following plan is consistent with our rules. If Mr. Buchanan is willing to direct
stormwater from the site into the undisturbed wetlands on-site (after treatment in a wet or dry
stormwater basin to remove some pollutants and to prevent erosion in the wetland), the water
storage and pollutant removal functions of this wetland would be enhanced. Therefore DWQ
could count the 4.19 acres of remaining wetlands as enhancement which would result in 1.05
acres of credit (enhancement is debited at 4:1 according to 15A NCAC 2H .0506(h)). This effort
would require a modification of the stormwater management plan to relocate your proposed
stormwater pond to upland locations south of the parking/building sites (areas apparently
presently not planned to be developed).. As to the preservation of the enhanced 4.19 acres of
wetlands, a conservation easement (which you indicated you are interested in) would be needed
which would require a survey of the wetlands on which the easement would be placed, the signed
easement itself as well as an attorney's opinion regarding the title of the property. This plan
would leave a requirement for 3.69 acres of mitigation for which you indicated you are interested
in utilizing the Wetland Restoration Program at $12,000 per acre (total of $44,280).
Environmental Sciences Branch • 4401 Reedy Creek Road • Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
y
In summary:
Fill of 2.37 acres of wetlands within 150 feet of "blue line" waterbody (2:1 ratio)
necessitates 4.47 acres of mitigation.
Enhancement of on-site wetlands with stormwater: 4.19 acres divided by 4:1 ratio
yields 1.05 acres of mitigation credit.
Therefore: 4.74 acres needed
- 1.05 acres enhancement credit
3.69 acres of mitigation purchased from WRP
I believe that this solution is 1) consistent with our wetland rules, 2) gives a benefit to Mr.
Buchanan for the on-site wetlands not being filled, 3) provides a water quality benefit with respect
to filtering the runoff from this site and 4) provides financial relief to Mr. Buchanan compared to
our 7 May 1997 Certification. Please call me at 919-733-1786 once you and your clients have a
chance to review this approach. If this plan is acceptable, we will need to modify the Certification
as well as the stormwater plan for this project.
Finally your stormwater plan shows a 24" stormwater pipe across the wetland areas to
carry stormwater to the proposed detention pond. We will need to discuss how this design affects
the conservation easement in terms of wetland impact and line maintenance. This activity will
likely require a Nationwide 12 Permit for utility crossings. Our General Certification (Number
3101) does not require written approval from DWQ as long as all the conditions are met.
970075.mit
Cc: Jill Hickey, Attorney General's Office
Linda Lewis, DWQ Wilmington Regional Office
Jim Gregson, DWQ Wilmington Regional Office
Steve Tedder
A. Preston Howard, Jr.
State of North Carolina
Department of Environment,
Health and Natural Resources
Ja mes & Hunt, Jr., G ove mor
Jonathan a Howesy Secretary
Steven J. Levitas, Deputy Secretary
TIIIV?EHNF1
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
FAX TO: ? FAX NUMBER: ?q - G
0? la I -
FROM:
PHONE:
NO. OF PAGES INCLUDING THIS SHEET: 3
?;ll ???? ?> mom'
k7 MA
?v
REVISED PROPOSAL
FOR EMC CONSIDERATION
4/10/97
TITLE 15A, SUBCHAPTER 2R
SECTION .0500 - WETLANDS RESTORATION FUND
.0501 PURPOSE
(a) The purpose of the Wetlands Restoration Fund (Fund) is to,provide a repository for
monetary contributions or payments and donations or dedications of interests in real property.
Fund assets will be used to promote the restoration, enhancement, preservation, or creation of
wetlands and riparian areas. Fund asses will only be used for the purpose of contributing directly
to the acquisition, perpetual maintenance, enhancement, restoration, or creation of wetlands and
riparian areas as described in G.S. 143-214.8-13 in accordance with the wetlands restoration plans
developed for each river basin.
(b) Payments into the Fund as determined in accordance with Rule .0502 of this Section shall be
considered as compliance with the compensatory mitigation requirements of certifications issued by
the Department under 33 U.S.C. § 13-1.1; and permits or authorizations issued by the United States
Army Corps of Engineers under 33 U.S.C. § 1344 if the contributions will meet the mitigation
requirements of the U. S. Army Corps of Engineers.
(c) Donations or dedications of interest in real property may be accepted if consistent with the
goals and objectives of the restoration plan for the river, basin as determined by the Secretory or
Designee.
.0502 DEFINITIONS
(1) Compensatory mitigation means the restoration, creation, enhancement or preservation of
wetlands, riparian areas and classified surface waters that is required as a condition of certifications
issued by the Department under 33 U.S.C. § 1341 and permits or authorizations issued by the
United States Army Corps of Engineers under 33 U.S.C. § 1341.
(2) Non-riparian wetlands means Class WL wetlands as defined in 15A NCAC 2B .0101(c)(8)
whose major source of water is precipitation. Wetland types generally considered to be non- _
riparian include wet flats, pocosins. and ephemeral wetlands.
(3) Riparian wetlands means Class WL wetlands as defined in 15A NCAC 2B.0101(c)(8)
whose major source of water is ground water or surface water. Wetland types generally
considered to be riparian include freshwater marshes, swamp forests, bottomland hardwood
forests, headwater forests, bo; forests, mountain bogs and seeps.
.0503 SCHEDULE OF FEES'
(a) This schedule of fees is based on the cost of restoring or creating wetlands or surface waters
capable of performing the same or similar functions as the wetlands or surface waters that have
been impaired by permitted development projects. The fees include directly related costs of
restoration planning, land acquisition, long-term monitoring, maintenance and preservation of
restored areas.
(b) The amount of payment into the Fund in lieu of compensatory mitigation requirements as
described in Rule .0501(b) of this section shall be determined in accordance with Subparagraphs
(1) through (3) of this Paragraph. The fee will be based on the acres and types of compensatory
mitigation specified in the approved U.S. Army Corps of Enginaers permit under 33 U.S.C. §
1344 or the certification issued by this Department under 33 U.S.C. § 1341. Payments shall be
calculated in 0.25 acre increments for wetlands and by the linear foot for streams.
(1) Classified surface waters other than wetlands as defined in 15A.,NCAC.2B .0202. The
payment shall be $125 per linear foot of stream.
(2) Class WL wetlands as defined in 15A NCAC 2B .0101(c)(8). The payment shall be:
(A) $12,000 per acre for non-riparian wetlands.
(B) $24,000 per acre for riparian wetlands.
(3) Class SWL wetlands as defined in 15A NCAC 2B .0161(d)(4). The payment shall be
S 120,000 per acre.
(c) Donations or dedications of interest in real property may be accepted in lieu of compensatory
mitigation requirements as described in Rule .0501(b) provided that the property has been
identified as an approved site in the restoration plan developed for each river basin. Other
properties may be considered by the Secretary or his designee on a case-by-case basis. The
decision on whether to accept other properties shall include a determination that restoration or
preservation of the property is consistent with the goals and objectives of the restoration plan for
the river basin. The amount of credit for donations of property shall consider the costs of
restoration planning, long-term monitoring, and maintenance of the donated property.
(d) This fee schedule will be subject to update and revision upon determination that assessed fees
vary from the actual costs of restoration activities described in Rule .0501(a).
.0504 PAYMENT
(a) Payment of fees shall be made by check or electronic fund transfer to the North Carolina
Wetland Restoration Fund.
(b) Donations or dedications of interest in real property shall be deeded to the State of North
Carolina or to other public or private nonprofit conservation organizations as approved by the
Department.
REVISED PROPOSAL
FOR EMC CONSIDERATION
4/10/97
TITLE 15A, SUBCHAPTER 2R
SECTION .0500 - WETLANDS RESTORATION FUND
.0501 . PURPOSE
P
(a) The purpose of the Wetlands Restoration Fund (Fund) is to provide a repository for
monetary contributions or payments and donations or dedications of interests in real property.
Fund assets will be used to promote the restoration, enhancement, preservation, or creation of
wetlands and riparian areas. Fund assets will only be used for the purpose of contributing directly
to the acquisition, perpetual maintenance, enhancement, restoration, or creation of wetlands and
riparian areas as described in G.S. 143-214.8-13 in accordance with the wetlands restoration plans
developed for each river basin.
(b) Payments into the Fund as determined in accordance with Rule .0502 of this Section shall be
considered as compliance with the compensatory mitigation requirements of certifications issued by
the Department under 33 U.S.C. § 1341.; and permits or authorizations issued by the United States
Army Corps of Engineers under 33 U.S.C. § 1344 if the contributions will meet the mitigation
requirements of the U. S. Army Corps of Engineers.
(c) Donations or dedications of interest in deal property may be accepted if consistent with the
goals and objectives of the restoration plan for the river basin as determined by the Secretary or
Designee.
.0502 DEFINITIONS
(1) Compensatory mitigation means the restoration, creation, enhancement or preservation of
wetlands, riparian areas and classified surface waters that is required as a condition of certifications
issued by the Department under 33 U.S.C. § 1341 and permits or authorizations issued by the
United States Army Corps of Engineers under 33 U.S.C. § 1341.
(2) Non-riparian wetlands means Class WL wetlands as defined in 15A NCAC 2B .0101(c)(8)
whose major source of water is precipitation. Wetland types generally considered to be non-
riparian include wet flats, pocosins and ephemeral wetlands.
(3) Riparian wetlands means Class WL wetlands as defined in 15A NCAC 2B .0101(c)(8)
whose major source of water is ground water or surface water. Wetland types generally
considered to be riparian include freshwater marshes, swamp forests, bottomland hardwood
forests, headwater forests, bog forests, mountain bogs and seeps.
.0503 SCHEDULE OF FEES
(a) This schedule of fees is based on the cost of restoring or creating wetlands or surface waters
capable of performing the same or similar functions as the wetlands or surface waters that have
been impaired by permitted development projects. The fees include directly related costs of
restoration planning, land acquisition, long-term monitoring, maintenance and preservation of
restored areas.
(b) The amount of payment into the Fund in lieu of compensatory mitigation requirements as
described in Rule .0501(b) of this section shall be determined in accordance with Subparagraphs
(1) through (3) of this Paragraph. The fee will be based on the acres and types of compensatory
mitigation specified in the approved U.S. Army Corps of Engineers permit under 33 U.S.C. §
1344 or the certification issued by this Department under 33 U.S.C. § 1341. Payments shall be
calculated in 0.25 acre increments for wetlands and by the linear foot for streams'
(1) Classified surface waters other than wetlands as defined in 15A N0-AC_2B .0202. The
payment shall be $125 per linear foot of stream.
(2) Class WL wetlands as defined in 15A NCAC 2B .0101(c)(8). The payment shall be:
(A) $12,000 per acre for non-riparian wetlands.
(B) $24,000 per acre for riparian wetlands.
(3) Class SWL wetlands as defined in 15A NCAC 2B .0101(d)(4). The payment shall be
$120,000 per acre.

(c) Donations or dedications of interest in real property may be accepted in lieu of compensatory
mitigation requirements as described in Rule .0501(b) provided that the property has been
identified as an approved site in the restoration plan developed for each river basin. Other
properties may be considered by the Secretary or his designee on a case-by-case basis. The
decision on whether to accept other properties shall include a determination that restoration or
preservation of the property is consistent with the goals and objectives of the restoration plan for
the river basin. The amount of credit for donations of property shall consider the costs of
restoration planning, long-term monitoring, and maintenance of the donated property.
(d) This fee schedule will be subject to update and revision upon determination that assessed fees
vary from the actual costs of restoration activities descri bed in Rule .0501(a).
.0504 PAYMENT
(a) Payment of fees shall be made by check or electronic fund transfer to the North Carolina
Wetland Restoration Fund.
(b) Donations or dedications of interest in real property shall be deeded to the State of North
Carolina or to other public or private nonprofit conservation organizations as approved by the
Department.
,r,. ` ow
STILL MEADOW VILLAGE
Wetlands Enhancement/Stormwater Management
Water Volume Calculations
1.
2.
Direct runoff volume equivalent to pre-construction flow rate from the site for a
1-inch storm event:
Original drainage area to run of "Blue-Line Stream" at west edge of property =
15.55 Acres
43,560 SF/AC x 15.55 AC x 0.083' x 0.2 (runoff coefficient) = 11,244 CF (Pre-
Development Flow)
Divert flow from developed areas to Wetland "A"
Total Drainage Area = 198,350 SF
Impervious Area = 4 "A" Buildings @ 4,000 SF
2 "B" Buildings @ 5,000 SF
Streets & Parking
Sidewalks (305 LF x 6' W)
Total Impervious Area
;see color-coded plan):
= 16,000 SF
= 10,000 SF
= 12,725 SF
= 1.830 SF
= 40,555 SF
Pervious Area = 198,350 SF - 40,555 SF = 157,795 SF
40,555 SF x 0.083' = 3,366 CF (Impervious)
157,795 SF x 0.083' x 0.2 = 2,619 F (Pervious)
Post-Development Flow = 5,985 CF (To Wetland "A")
3. Divert flow from developed areas to Wetland "B" (see color-coded plan):
Total Drainage Area = 179,325 SF
Impervious Area = 4 "A" Buildings @ 4,000 SF
2 "B" Buildings @ 5,000 SF
Community Building
Pool Apron
Streets & Parking
Sidewalks (445 LF @ 6'W)
Total Impervious Area
Pervious Area = 179,325 SF - 48,355 SF = 130,970 SF
16,000 SF
10,000 SF
2,160 SF
7,100 SF
10,425 SF
2,670 SF
48,355 SF
JF2/SMVOLCAL - 1 of 2 -
- .4
48,355 SF x 0.083' = 4,013 CF
130,970 SF x 0.083' x 0.2 = 2,174 CF
Post-Development Flow = 6,187 CF (To Wetland "B")
Pre- and Post-development flow to wetlands:
Total Post-development flow to wetlands A & B =
= 5,985 CF + 6,187 CF = 12,172 CF
Post-development flow (12,172 CF) is equivalent to Pre-development flow
01,244 CF) and will therefore be adequate to sustain the wetlands remaining
on-site after development.
.. CA. 101
ALA L r•:
?•ra ?.aaaaa.^•/
7/I /
JF2/SMVOLCAL
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7.54 Erosion and Sediment Control Handbook
30,
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1
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pipe 1-.? 4aPsoo 25 n
diameter 0, ?o
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t I. -?J?' I 11 9 I ° L I i I 1-10 0.1
3 5 10 20 50 100 200 500 1000
Discharge, ft3/sec
I-z I ITII ?1--1?-I
0.1 0.2 0.3 0.4 0.6 0.8 1 2 3 4 5 6 7 8 10 15 2025
Discharge, m3/see
L 345, Fig. 7.45 Design of riprap outlet protection from a round pipe flowing full; minimum
1-5Gf S tailwater conditions. (6, 14)
so?dea-?
to find the riprap size and apron length. The apron width at the pipe end should
be 3 times the pipe diameter. Where there is a well-defined channel immediatgly
downstream from the apron, the width of the downstream end of the apron ,
should be equal to the width of the channel. Where there is no well-defined chan-
nel immediately downstream from the apron, minimum tailwater conditions
apply and the width of the downstream end of the apron should be equal to the
pipe diameter plus the length of the apron.
p EXAMPLE 7.4 Riprap Outlet Protection Design Calculation for Minimum
I Tailwater Condition
Given: A flow of 6 ft'/sec (0.17 ml/sec) discharges from a 12-in (30-cm) pipe onto a 2
percent grassy slope with no defined channel
Find: The required length, width, and median stone size dso for a riprap apron.
3 Do 3 X 12 - ? ?Mw ? ?z.p R,P ? 6l TI0rj
,. ` Wj Vo+ L? - z s - 6
- ?_
t `
Note for John Dorney
From: Preston Howard on Tue, Jul 22, 1997 8:33 AM
Subject: RE: 401 appeal - South College Associates
To: John Dorney
Cc: Jim Overton; Steve Tedder
YOUR APPROACH IS FINE BY ME!
From: John Dorney on Mon, Jul 21, 1997 2:15 PM
Subject: 401 appeal - South College Associates
To: Preston Howard
Cc: Jimmie Overton; Steve Tedder
You may recall that Clark Wright sent you a letter dated 1 July
1997 to appeal several conditions of a 401 Certification issued
to South College Associates in Wilmington on 7 May 1997. You
asked that I prepare response for your signature which I will do
early this week. Since this is now an appeal to OAH, Jill
Hickey believes that she should sign any correspondence for this
project rather than you or I. I will prepare letter for her
signature but run it through you and Steve, etc. unless you
tell me otherwise. A meeting has been tentatively set for next
Tuesday to discuss the appeal with Clark. Please advise if you
want me to proceed differently.
Page: 1

v\ , _U' qA?-
t
775 OO ?< CORPS CTION ID:
DEM ID: 9
NATZONWIDE,PERMIT REQUESTED, (PROVIDE NATIONWIDE PERMIT #):
ze.
.PRE-CONSTRUCTION NOTIFICATION-APPLICATION
FOR1.NATIONWIDE PERMITS THAT REQUIRE:
1.) NOTIFICATION TO THE CORPS OF ENGINEERS
APPLICATION FOR SECTION 401 CERTIFICATION
COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL-AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE ?ORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. '
1. OWNERS NAME: sou-V!4 Cof_L 6& &SvcipTft-S t/lYlk'. ?iLL ?ycNANAAI
t
ZZ8 ;?. t"/2o?lT? S'Y??Tr Sv,? 309,t?1 , L
2. MAILING ADDRESS:
SUBDIVISION NAME: A4p42Tmks7N7'5
CITY: ?&lLWJN&-r0N STATE: /?l+eZIP CODE: D
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE) : kXr5T 5 rtaE Of Sov-r# eoLcj--- 2D. 14 c- /3;z ,
3,g YKIL& NoRTN of MoNkwy ZoAicriom ?US • ?{ Zl
3. TELEPHONE NUMBER (HOME) : (WORK) : ?lD 'Z5 - OD 3
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
AGENT: CHARLIE HOLLIS-'
REGULATORY CONSULTANT
138 GREEN FOREST DR.
WILMINGTON, NC "284G9
PHONE/FAX [phone],3--
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PxHO?TOGRAFHY WITH SCALE):
COUNTY : /YEW AX yyE'12 NEAREST TOWN OR CITY: 4C! /LIMIN &VV14

3
1
,qww
X-o'
PECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.) : k6ns'r StD€ DG Souyw (20usr-6 ?o04D , CNC"?3z, ,v
'3??{ rn r c.6 Nt?t?-rIU O? 1 f loN K?f cQ1o1? ?US - ?/ ZI? . A V1101N S MANpa-LIN ,
?LAcc otA -r4E so vr? i??l ?__ E ps 4v,?sw-r oN '-t'i4-s Noler 6l
.f
6. IMPACTED OR NEAREST STREAM/RIVER:077'S <7"-
RIVER BASIN: C? P+pff F"' g
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL'SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-1 OR WS-II)? YES [ ] NO [x] IF YES, EXPLAIN:^
I
f
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEEPAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE-PLAN (LUP) DESIGNATION?
L/IvSi7t?-7-Ri9NsIT1oN `
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR*USE ON
THIS PROPERTY?.'YES ,[ ] NO [4 IF YE$, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFOR*TION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION) :
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO [ IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBERiOF
9b. &STI£4? TOTAL NUMBER .OF
ACRES IN TRACT OF LAND: llao."mz Zo Q
41
ACRES OF WETLANDS LOCATED ON PROJECT SITE:
F'
4
2
F;

10a. NUMBER OF ACRES-OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING:
Z . 3 ? Ac- EXCAVATION :
FLOODING:. OTHER:
DRAINAGE:
TOTAL ACRES-TO BE IMPACTED:
Z. 374C.
10b. (1)SSTREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF /
RELOCATED, -PROVIDE.,,PISTANCE BOTH BEFORE AND AFTER RELOCATION) lv/ tq
LENGTH BEFORE: FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: .,CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
.y
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY):
CLEA+Z,G-ngOE , )=74- C_ 4Re795 , A5 5WOLOA1 ON QTrwca-Ls'D PLANS
( A1VE2477oA/1e L GDA! S-M V C'n o N v t ? T G.? r c. Tiff US -D ;=772- S
?C31Jt'ZI< ( ?0-Z1a7Z5, f_3e-e_A-VAMP_5 T12VGl<S' G2Wp'?725>
13. PURPOSE OF PROPOSED WORK: 6AsT12Vc T- !11 u t_Tt-7=AmjL!j Yqi?*f27Yri e7,s.T-
5 03t>1v 151 OA
3

14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS) : ?ONs/or?elJSc? ???oi2r ?ffAS ,Sl47yq lwoo5 Tv /qyo/D 4wD ?iNirrliZE
A/&7'7U9ND 1A/1;*GT5 w ROARS ST tZ S .p RQAX4,96- , 2UJLZV IG S Aja Vg' is LL jjj;!Eji
I V-TtD A aQ (<avc&--la VY R V if -77ME3 -rO /1 w* mbax ua Ai s.E- n gL-a;k i-ST7
b?<*- a4 GRoo Al Ill fin[ a -rti m i rl 1 w iziE wrantjD r-> i sru R-s 14 NCg- ?E wErrE 7- i8 5
J4?y6 3e?2--N oVoipeop wrrS 'g-h5 ,PLy",
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LI!MD OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT
IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED.P'RO'JECT. DATE
CONTACTED: / /Z? /;7 (ATTACH RESPONSES
FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC±?PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH/MAY/BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: /'"' 7
rR
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [ ] NO )< (IF NO, GO TO 18)
6
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [ J NO [ J
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ NO [ )
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
x
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003,, TELEPHONE [phone].
• 4

r 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
l PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, STD 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST 'BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. 'IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED-PY PROJECT.
C. IF DBLINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO JHE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
V ??3 fDc!2071)4 L ck 671Wnly yiT y e05/X55 &tt_6L_ )qyA_q&2ey)
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
•r
NOTE: WETLANDS OR WATERS OF THEAJ.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 4(x'4 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
i
a*4TER=t:8 /AGENT'S SIGNATURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
5
So z9, 1997
DATE
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
A4
ID FE F1
May 7, 1997
New Hanover County
DWQ Project # 970075
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
South College Associates
c% Mr. Bill Buchanan
228 N. Front Street
Suite 309
Wilmington, NC 28401
Dear Mr. Buchanan:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in
2.37 acres of wetlands or waters for the purpose of constructing a residential development at Still Meadow Village
Apts. at South College Road near Monkey Junction, as you described in your application dated 27 January 1997.
After reviewing your application, we have decided that this fill is covered by General Water Quality Certification
Number 3108. This certification allows you to use Nationwide Permit Number 26 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 except as modified
below. If you change your project, you must notify us and you may be required to send us a new application. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions
listed in the attached certification and any additional conditions listed below. A deed restriction or conservation
easement shall be added to all remaining wetlands to prevent future wetland fill. Unless you change your plans,
compensatory mitigation for this project as required by 15A NCAC 2H .0506(h) will be satisfied by a contribution to
the N.C. Wetlands Restoration Program According to 15A NCAC .0506(h)(7) most of the site is from 150 to 1000
feet of a water body as shown on the most recent USGS 1:24,000 topographic map, therefore 5.0 acres of nonriparian
wetland mitigation will be needed (see attached fee schedule). Until the Wetland Restoration Program receives and
clears the check, wetland fill may not occur. You have one month from the date of this Certification to make this
payment. For accounting purposes, this Certification authorizes the fill of 2.37 acres of nonriparian wetland fill, in
subbasin 030617 and 5.0 acres of restoration are required. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal
Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the
accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
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
confomis to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box
27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If
you have any questions, please telephone John Domey at 919-733-1786.
FSS'fel ow d, Jr. P
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Domey
Central Files
Charlie Hollis 970075.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 500/6 recycled/10% post consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Ja mes & Hunt, Jr., G ove mor
Jonathan & Howes, Secretary
Steven J. Levitas, Deputy Secretary
A14
AVO%Uwo
?EHNF=I
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
a d_? Raleigh, N.C. 27607
FAX:[phone]
FAX TOr-4,>. 0 0) c, fv,,- ; I FAX NUMBER: q L® -cV -R 73
aFonn:
PI-IONE: X133 ? 1'-[ B ?o
NO. OF PAGES INCLUDING THIS SHEET:
K
State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Water Quality A4
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary C) E H N F1
A. Preston Howard, Jr., P.E., Director
October 10, 1997
New Hanover County
DWQ Project # 970075
APPROVAL of 401 Water Quality Certification and ADDMONAL CONDITIONS, WRP
Mr. William Buchanan
Buchanan Properties
228 North Front Street, Suite 309
Wilmington, NC 28401-3978
Dear Mr. Buchanan:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material in 2.37 acres of wetlands for the purpose of constructing an apartment complex at South College
Road as you described in your application dated January 29, 1997. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3108 This certification allows
you to use Nationwide Permit Number 26 when it is issued by the Corps of Engineers. In addition, you
should get any other federal, state or local permits before you go ahead with your project including (but not
limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed
regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise
specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must
follow the conditions listed in the attached certification and any additional conditions listed below. This
Certification replaces one issued on May 7, 1997.
Stormwater (preferably that from parking lots and lawns) shall be directed to sheet flow into the
remaining wetlands on-site at several locations at non-erosive velocities. The volume of runoff to be directed
into the wetland will be the volume equivalent to the pre-construction flow rate from a one inch (1") storm
event. All overflows from the wetland in excess of the design storm will be directed to the detention pond. A
deed restriction, conservation easement or similar mechanism shall be added to all remaining wetlands on site
to restrict future fill since this area is part of the stormwater management system. A final Stormwater plan
shall be sent to DWQ - Wilmington Regional Office. All existing ditches on the site which connect to the
existing "blue line" canal shall be filled when construction is completed..
We understand that you have chosen to contribute to the Wetland Restoration Program in order to
partially compensate for these impacts to wetlands and/or streams. In accordance with 15A NCAC 2R .0500,
this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H .0506(h).
According to 15A NCAC 2H .0506(h), 2.37 acres of restoration will be required. Until the Wetland
Restoration Pro gram receives and clears your check (made payable to: DEHNR -Wetland Restoration
Program), wetland fill shall not occur. Mr. Ron Ferrell should be contacted at 919-733-5083 ext. 358 if you
have an y questions concerning the Wetland Restoration Program. You have one month from the date of this
Certification to make this payment. For accounting purposes, this Certification authorizes the fill of 2.37
acres of non-riparian wetlands in 030617 river and subbasin and 3.69 acres of non-riparian restoration
are required. Please be aware that the Wetland Restoration Program (WRP) rules require rounding of
acreage amounts to one-quarter acre increments(15A 2R .0503(b)).
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
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recyded1l0% post consumer paper
..? if
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Domey at 919-733-1786.
Attachment
Sincerely,
Rstono ard, Jr. P.
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorsey
Central Files
Ron Ferrell; Wetland Restoration Program
Clark Wright
Jill Hickey; Attorney General's Office
Linda Lewis; DWQ Wilmington Regional Office
9700751tr
y?
NORTH CAROLINA - DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H .0500, William Buchanan. DWQ Project # 970075 is authorized to
impact the surface waters of the State of North Carolina as indicated below for the purpose(s) of
constructing an apartment complex. All activities associated with these authorized impacts must be
conducted in accordance with the conditions listed in the attached certification transmittal letter. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
AUTHORIZED IMPACTS:
2.37 acres of Class WL wetlands
0 acres of riparian wetlands
2.37 acres of non-riparian wetlands (net requirement of 3.69 acres
restoration/creation after on-site enhancement)
0 acres of Class SWL wetlands
0 linear feet of stream channel
0 (other)
LOCATION: Near Mottc Creek off of South College_ Road
COUNTY: New Hanover
BASIN/SUBBASIN: 03 0617
COMPENSATORY MITIGATION REQUIREMENT FOR WETLAND RESTORATION PROGRAM
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to
compensate for the above impacts through the restoration, creation, enhancement or preservation of
wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade
the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Wetland Restoration
Programs must be rounded to one-quarter acre increments according to 15A 2R
.0503(b)
3.69 acres of Class WL wetlands
0 acres of riparian wetlands
3.69 acres of non-riparian wetlands
0 acres of Class SWL wetlands
0 linear feet of stream channel
0 (other)
One of the options you have available to satisfy the compensatory mitigation requirements is
through the payment of a fee to the Wetlands Restoration Fund per 15A NCAC 2R .0503. If you choose this
option, please sign this form and mail it to the Wetlands Restoration Fund at the address listed below. An
invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE
NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT
HAS BEEN PROCESSED BY THE WETLANDS RESTORATION PROGRAM.
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISION OF WATER QUALITY
P.O. BOX 29535
RALEIGH, NC 27626-0535
[phone] ext. 358
State of North Carolina
:--? Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., G ove mor
Jonathan B. Howes, Secretary
Steven J. Le vi to sy Deputy Se c re to ry
?d ?I
?EHNR
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
FAX TO: k5 I FAX NUMBER: I
FROM:
PI-IONS
I NO. OF PAGES INCLUDING THIS SHEET: 11-7 I ?4 te k

R? n?
State of North Carolina
Department of Environment,
Health and Natural Resources
Ja mes R Hunt, Jr., G ove mor
Jonathan R Howes Secretary
Steven J. Levitas, Deputy Secretary
I D( FI.9;wA
ffl-7E 6 4?i
ED EHNR
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
I FAX TO: P A'V h- I FAX NUMBER: I
FROM:
PHONE:
[NO. OF PAGES INCLUDING THIS SHEET:
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Is Yd's
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?7
WATER & LAND SECTION Fax:[phone] Sep 3 '97 14:59 P.01
r
MIC14AEL F. BASLEV
ATTORNISY GBNBRAL

TO: ? In 44,
d??6
State of North Carolina
Department of justice
P. Q. Box M q
RALEIGH
276C2-(C 9
Phone:
Fax:
TELRC'OPIFR TRAIIT TAL 5HFL+T
(919) 736-66UO
[phone]
FAX NUMBER:
FROM:
DATE;
NUMBER OF PAGES (INCLUDING TRANSMITTAL SHEET):
CONFIRM RECEIPT OF DOCUMENT(S) IF MARKED HERE:
Ail Easel Opportunity / AffirmaliV& Ac[;or7 Employer
WATER & LAND SECTION Fax:[phone] Sep 3 '97 14:59 P.02
SEP- 3-97 WED 13;51 WARD AND SMITH NEW BERN FAX NO. 9196362121 R.02
WARD AND SMITH, PA,
ATTORNEYS AT LAW
1,10 WEST PiRI; TOWER Rojo
PORT OFFICE ROk 59$6
OF4GCNYItLL?, M.O, MT4106-1088
T2ti4AC110,4 (848) 968.10'Jd
PAMMIL i i11o) 746•s101
UNIVOKINTY CORPORATE C0b7sp
127 RAOINE DRIVE
W1tr?INSr OFFIC ZT 90-7088
TBLEPWONE (010) 8o2•S1Oo
1AOir M1L0 (910) 84A2•a116
1001
0041 01FICS BOX'07
NEW BARN, 44A 266.0.0887
TCLEPHONB (41A) 083.4000
F4401MIL4 (h0) 151.31,x1
September 3, 1997
SOITA 3000
FAVETTCWLLE 0Te(QaT HALL
• O fT O"I CS 9 OX 2004
RALEIGH, N C. 2r002.=o01
TEL"616" 8410) $30-4800
PACCIYILE ;918) 136.1307
.Vl T
gL$gQP ER
Jill Hickey, Esq.
North Carolina Department of sulat),ce
Environmental Division
114 West Edenton Street, Sui Ue 311
Raleigh, iworth Carolina 27604
AE: 401 Certification - South college AssvciAteo
DWQ PrOjsct NO. 970075
our File 97-0387(A)
Gear Jill:
This mdrrzing I received a written response from our clientro
Wngineer to John Dorney's ,August 1, 1997 letter (received in our
office approximately Augua3t 15, 1997) , While the basic concepts in
John's letter are acceptable to our client, our client's engineer
tells us that the proposed relocation of stormwaster management
structuram is both ghysically and economically difficult, if not
impainibl,e (see enclosed letter). As I understand it, critical
issuem identified by our client's engineer include: (a) difficulty
in routin water "Uphill" to the locations proposed -Por retentloa
basins; (b) the use of multiple, smaller basins; (c) obtaining
approvals f'ox' modified pla?na from DWQ stormwater as well, as the
federal Department Qf HUD; aad (d) lung term structural stability
con,oerns.
xn an effort to resolve this matter on a slightly Simpler basin,
and co"i.stent with diecu.$"Ous at Our July meeting and the intant
of John Dornay's August 1 letter, 1: would li.ke to propose that DWQ
accept lees Litrusive modifioatibnc ir% the ast,ormwater management
system for this site that will continue to all6w for hydeological
enhancement of tte preserved wetland araaas. Enhancement would be
accompliohed by minor rerout; ing of smaller amounts of stornwater
runoff (e.g., from rooftops) into the. no varal on-site wetland
areas, without relocation of the gain sto mwater rbtention bani3q.
This way the water treatment effects in the main basin will be
enhance9d, due to lower loadings while the amounts of water directed
• ,
WATER & LAND SECTION Fax:[phone]
SEP- 3-97 WED 13;52 WARD AND SMITH NEW BERN
WARD AND SMITH, P.A,
Jill Hickey, Esq.
Septemb&r 3, 1997
page 2
Sep 3 '97 1500
'FAX NO. 9196382121
P. 03
P. 03
into on-site Wetland areas will be more precisely qua.nti.giable,
thus avoiding hydrological. ©vGrlcadirag of the wetlands.
Q£ sgual importaftce to our client, theme targeted, "law techv,
stormwater management plan modi.ticatians are more likely to receive
timely approval from LWQ's al.ormwater section, our client', lender
and the U,S. Department of HuD without excessive and expensive
project plan rewrites or excessive and expersiva
delays in the
various plan approval proceeges.
I apQlogire for not being in. a position to provide thin information
and counter proposai, to you sooner, but would appreciate your best
efforts to discuge this matter with y'vur client and get back to me
as quickly as possible, Should it appaax that we are near a final
settlement, I would think that, we could, wrap thin matter up without
any further requests for stay cr the need for filing pf prehearing
statements. [Zven though the exiating stay order explr®a toMorroW,
it does not require any filing on eur part until September 12th.1
Thank you i a advance for your attention to this masker and I look
forwraxd to c-pnti7nuing to work with you and your client to resolve
this matter in the, sear fut=ure. With beet personal regards, I
remain
Yr? truly,
1. Clark Wr Jr.
TCW:iew
WSMAIN/331430
enclosure
Cam Mr. Wiiliftm Buclanon
Mr. Jahn Dorney

, • r
WATER & LAND SECTION Fax:[phone] Sep 3 '97 1500
SEP- 3-97 WED 13;52 WARD AND SMITH NEW BERN FAX NO. 9198382121
??. a.im'y? t?+•bi7Fi1I ' Whirl) 1 SMITH G, VILLC 1`IO
4050PH Igo HU19 go. AND A$S0C1AT
ctmuunNo SNwgrw and PL Msilms
Ib08 ?'?RAti+f11?N?.
?r,?rr3A?dHyonti•iu?
August 27, 1ID97
Mr. Bill Buchsr an
South collage Assoolales
296 N, Front Atreet
6!itte 209
WlimiNjon, Nwth Careline 22401
ub)aot; Soltth 0011e uAsaoclstes
4131 Waar tility Cartli'toatlun
New Hanover County
DWO 407'0076
Dear Mr. euonanan.,
P. 04
P. 04
P. j ' , .. „
P.a2
w.IkpMG1W i1? ta+?•wri
The sublspt pro oat was opproved on May '7. 1297 tar the till of 2.27 acres of
watiands, Subsaqu$nt4t the owrtqrsd Withad to lit tempt 14 mitigate lh,6 filling of these
wetlands by pr+eaerving and/or enhancing 4.10 rismiAlning aures of undlstt dwd
wotlands to reduos lbetr cast In utilizing tho Wattrtda RQatoretion Program at
$12,000 p6' Mrs.
Mr. Jahn Dorneyy, an b6halt; of DFHNR, proposoo anharrde ent of the 4.19
aoroe of remaining waiia,nd. This would have resulted In a oradit of 1.06 acros sine*
anhancerfleni in debited on a 4:1 basla. In his rrwo. datbd August 7. 1007, he
summarizes rnitlgatlnA aareaga for this allawork ae faltowe:
Option 1. Fill M R.S7 apraa within 160 lest of a "blue-line" watw body (2,1
raflo) noosssifatol 4.47 >aores of mitigatlon.
nntiorl 2. Bnhilrrt lent of on-site wYt ande with stormwoter, 14.10 eoren
diVidiod by 4r 9 ratio ylrvldo 'k.06 a+trals at rzritiga#ler, credit (or o tattxi
p} 2.62 aer? of mltloadoo to ba purobaaed trawl the Welland
Rastoration Program.
1h$ cagt o10-plion 1 10 (4.47 Ac. x $12,000/AO.) $53.640. The Cost Of option 2
Is (3.09 A0. x I$12,0 001A0.) $44,200, or a savingar 011 $9,380.
Mr. Dorney's suggoations for ionho?nownent MoiUde mavi Ag the Originally
proposed stormyrater print l ted southwest of building 13.,13 to u ISrd loft lops
South of buildi» 3-A, 6-A and 7RA,. He also re?oommonds that troat6d siormwater be
atlowad to flow 'Orn the ponds into the remaining wetlends prior to di,soharge of falls.
Thare are several orobl+arns with this a prusoh. We Iiklally conalderao
locafing detentlon ponds ikt the araea stt pated by Mr_ DorneY, Kowover, those
looatione are too smafi In area to stora anti treat all projeot ronolf in a,obardanca with
NCDF-HNR requirarlnent6. They srs loootod at su+ah high elmmtlana that all projerat
,>FSrstnauCHI
WATER & LAND SECTION Fax :[phone] Sep 3 '97 1501 P.05
SEP- 3-97 WED 13.53 WARD AND SMITH NEW BERN FAX NO. 9196382121 P.05
rW. u. inor 1?•t F;tt W KU & bT411W t 'w[t,.LE NO. 3119.? P.4
T 194421V825 P. 22:
Mr. Bin 13uohairmn
So Meadow V064$
August 27, 1991
Flags 2
tlow could not tts routed to th&M without the eddltlon of greattir quarntides of $ite till
which would filemaso tho arrr!..vurit of watlurrd diaturbanca. Also, 4110wing ponds at the
suggested tocatlans to oV?tlow iota adlao9 nt watiands would require 940nalVO site
fla to prevent smurotion and destAbllizetiao of stroa3td and building foundations. The
overt of dearlgWing and canstruoting two or three amaller detentlem ponds vo?#Qo It
singto pond in also subslantlal.
In short, not only will it be diffiatult if not impostalb4e to u&e th* 01"D sugr?estell
by Mr. Dome?y for stormwator d?9tentlon and treatment, the bust sizvlttge of 9,360
paid to the Wetlands Restamtion Program arts outwelghad b a faolOr ei soveriill
ion of t multiple Ponds area,
times by the fidditionW Coat of ra~desig Work, -site fill, excavation
installauon of multiple risers and autfal p1p afid
of wetlands than proposed Ut1dor th4p orig mal plan.
Please do not hooltatq to oor#tsct Me it you nave any qusatlons.
J8W/Pat
slnctvvily,
JMEPH 6, HILL, JR. j4na A50001ATES
Ja$oph 5.11111, .1r. j P.E.
J"JamBUM

NCDEHNR WIRO Fax-9103502004 Nov 6 '97 1004 P.01
Mate of Nor#tu Carolina
: Department of Environment, Uealth and Natural Resources
Wilmington R gional Office
James B. Hunt, Governor Wayne McDevitt, Secretary
FAX COVES. SHEET
i
Date: No. Of ."'ages:
.To: I4P From: U/I . L. 4•:5 -
C4:. t?uc? k-t ?.y?d S CO:
FAX #:. 5 _ FAX#: [phone]
N R S: `.
i
127• Cardinai I rIvc EztcnAeivj wilmEngton, N.C. 284"845 Telepeone [phone] FAX (97A) 350-3004
An Equal Opportualty Allrmadve
- 1-0
I?A
..........

NCDEHNR WIRO Fax:[phone]
'. ' ..
5ta* or Kdo Carol I'm.
deportment of En ranmeut.
1ipd Natbral Reiou'rces
'yVilmauigtou Regional Office
James B. Hunt, Jr:, Governor
'Wayne McD7 vitt, Secretary
Division of Water Quality
j
Mr. Mike:-Marsh; P.E.
1602' Harbour i)Ave
Wil>Yiiilgton, NC . 28401
NovembOr:6, 1997
Nov 6 '97 1004 P.02
. T9.,
NOF%TH CApoLINA• DEPAF rMENT DW
eNVIRONMENT ANb HbAwuptAL RWOI RcEs
Subject: Ae' KNOWLEDGE1VI1rNY' OF RECTIpT.AND
REQUEST FOR ADDITIONAL EWORMATION
Sit&mwater Project No. SW8 970726
Still Meadow Village
14ew'Hanover County
Dear' Mr. Marsh:
The Wilmington. Regionaf Office received a Stormwater• Management Permit Application •.for 'Still
Meadow Villagebn October 16, 1997. A preliminary review of that information has determined that the
application is not?conTlete. The following information is needed to continue the stormwater review:
1. Provide level spreader mechanisms' at each swale inlet to the- wetland -to prevent a
co,6centrated discharge into the wetlaind. I have enclosed a detail fxoin the SMP guidance
bo?let. Add. this detail to the plans, and note the locationslelevations 'of the spreaders on the
plans.. The fact that the swales have a,non-erosive tlowrate is not a reason for deleting the
agiced upon spreaders.
2. Pik vide 2 copies of the detail sheet including the a poad/forebay section and outlet structure
detail: None of the plans submitted to date show any details.
3. Pl 6 ase seal the wetland design calculations.
t
i
127 North Car0iaal lr':,''ilmington, North Carolina 284Q Telephone [phone] FAX [phone] '
An Equal Oplmftvnity Affirmative Action Employer 1 50% recycled/10% post-conxumer paper
i
NCDEHNR WIRO Fax:[phone] Nov 6 '97 10:05 P.03
Mr. Marsh
November 6,:199.1
Stormwater Project No. SW8 970726 j
- ------ .
Please note; that this request for additional information is in, response to a preliminary, review. The
requested information should be received by this Offi .prior to December 6, 1997,: or the application will
bo retiFrned as imcEimptete. The return of a project will necessitate resubmittal of all required items, including
,we application red.
If you have any questions concerning this matter please feel free to call me at [phone]•
RSSlafl: S.1
cc: J
cerely,
1V?s. Linda Lewis
?nvirovmental Engineer
QSISTORMWATIADDINFO19!0726. NOV
Dorney, Wetlands Group
r Lewis
:al files
NOV-26-1997 0809 FROM
• ti
MICHAEL F. EASLEY
ArMRN ZY GENERAL
N.C.ATTORNEY GENERAL TO
ri
State of North Carolina
Department of justice
P. Q. BOY 629
-_.:1-1.
FAX NUMBER:
FROM:
DATE: r - .? - +]
NUMBER OF PACES (INCLUDING TRANSMITTAL
CONTTRM RECEIPT OF DOCUMENT(S) IF N
COMN ENTS: f, T1• IL
HERE; r
w
39959 P.01
An Equal OppOrtunity / Affirmative Action EmplOyer
NOV-26-1997 0809 FROM N.C.ATTORNEY GENERAL TO 39959 P.02
Hav.25 197 0:32 FPX P. 1
Buchanan VV0 ertiC
P-C6I fCdW Wid COMMCiCial 1209 rAtat0
228 North Front &reet 6uite + Wilmington. NC 28401.3WS • [phone]
r
r

NOV-26-1997 08:09 FROM N.C.RTTORNEY GENERAL
Nev. ;?-. 197 0=.34
--
TO
FAX
39959 P.03
P. 1
Rw9m168i94Csplah l
WAAGAnaKwaa .a>is
JOSEPH S. F9L4 Jac. AND ASiSOCIAM
C ONSULMNO ENQINBi M and PLANN ,S
twiri mDRrva
UWAGIM01,wOMCARG NA
7s?xoNenaoau?
November 14, 1997
Me. Linda Lewis, Environmental Engineer
N.C.D.E.N.R.
127 North Cardinal Drive
Wilmington, North Carolina 284D6
Subject: Stormwatar Project No. SW8 970728
Response to information Request
Still Meadow Village Apartments
South College Associates - Owner
Dear Ms. Lewis:
Ifli ?r,
This letter is in response to your November 0, 1997 letter requesting additional
information for this project.
1. Please find attached two (2) additional 0bmplets copies of plans for your
use. I am sending a separate copy to Mr. John Dorney.
2. The design calculations are seamed.
3. In regard to providing "level spreaders" at each swels inlet to the
wetland, we offer the following Information for the Division's
consideration.
Basit[iy, as we are all aware, this particular type of wetland miggsstion
program Is experimental In nature, and design- criteria are not ffhmly establie=? For _-
oconomic reasons, if the design criteria become too strict we cannot proceed with the
project. For this and other reasons, we do not believe that the 'level spreader'
mechanisms are necessary in this particular instance. They are rsdundent
specifically because the entrance swales are non-erosive. We are using rip-rep
apron to dissipate energy at each stormwater take-off point from paved araw, Alen,
because multiple take-off points are necessary land have barn provided), we do not
have a serge flow rate of water at any one point (maximum 1- 5 cfe).
The normal context of use of the level spreaders Involves placement of these
devices in a vegetated filter prior to the stormwator flowing off-site. They are used to
evenly distribute stormwater when the stormwater -vegetated filter is a primary
method of stormwater treatment. In this Instance,- the wetlands are not the primary
treatment method. Any rainfall which does not soak Into the wetlands and other
pervious areas, flows into the stormwater pond for treatment,
JF?JGMLEW 1$4
NOV-26-1997 08:10 FROM N.C.ATTORNEY GENERAL
• 4".26 '97 0:35

TO 39959 P.04
FAX P. 2
Ms. Unde Lewis
Still Meadow Village Apt.
November 14, 7997
Page 2
As an alternative, we have no obieotion to oorifiguring the rip-rap aprons at the
stormwater take-off points into the shape of level spreaders, as shown on your detail
described as f=igure 18 (see attached). Our rip-rap apron, with a depth of 18 inches,
and a width of a feet, accomplished this lotion.
In summary, we are furnishing two (2) additional copies of the site plan and
details. I have also revised our rip rap apron detail to show that it will function as a
level spreader.
Please continue with your review as soon as posslbla. We need to obtain this
stormwater permit and resolve the wetlend situation. Piesse contact me if you have
any questions.
JSH/past
attachments
Cc: .M?r Rick Shiver
Per. Bill Buchanan
Mr. Jahn Dorney

021SKEW IS4
Sincerely,
JOSEPH S.-HILI.., JR. and ASSOCIATES
Joseph S. Hill, Jr., P.E.

TOTAL P.04
JOSEPH S. HILL, JR AND ASSOCIATES
CONSULTING ENGINEERS and PLANNERS
1602 HARBOUR DRIVE
WILMINGTON, NORTH CAROLINA
TELEPHONE [phone]
November 14, 1997
Ms. Linda Lewis, Environmental Engineer
N.C.D.E.N.R.
127 North Cardinal Drive
Wilmington, North Carolina 28405
Subject: Stormwater Project No. SW8 970726
Response to Information Request
Still Meadow Village Apartments
South College Associates - Owner
Dear Ms. Lewis:
MAILING ADDRESS:
POST OFFICE Box 5592-STA.
WH ABNGTON, NC 284034155
Na-
FM,?Ra? 1y.9
Nty?sci?,y??s
This letter is in response to your November 6, 1997 letter requesting additional
information for this project.
1. Please find attached two (2) additional complete copies of plans for your
use. I am sending a separate copy to Mr. John Dorney.
2. The design calculations are sealed.
3. In regard to providing "level spreaders" at each swale inlet to the
wetland, we offer the following information for the Division's
consideration.
Basically, as we are all aware, this particular type of wetland mitigation
- program is experimental In -nature, and design criteria-are not firmly,-established-.'--For-----7--
economic reasons, if the design criteria become too strict we cannot proceed with the
project. For this and other reasons, we do not believe that the "level spreader"
mechanisms are necessary in this particular instance. They are redundant
specifically because the entrance swales are non-erosive. We are using rip-rap
aprons to dissipate energy at each stormwater take-off point from paved areas. Also,
because multiple take-off points are necessary (and have been provided), we do not
have a large flow rate of water at any one point (maximum 1 - 5 cfs).
The normal context of use of the level spreaders involves placement of these
devices in a vegetated filter prior to the stormwater flowing off-site. They are used to
evenly distribute stormwater when the stormwater vegetated filter is a primary
method of stormwater treatment. In this instance, the wetlands are not the primary
treatment method. Any rainfall which does not soak into the wetlands and other
pervious areas, flows into the stormwater pond for treatment.
JF2/SMLEW I S4

Ms. Linda Lewis
Still Meadow Village Apt.
November 14, 1997
Page 2
As an alternative, we have no objection to configuring the rip-rap aprons at the
stormwater take-off points into the shape of level spreaders, as shown on your detail
described as Figure 18 (see attached). Our rip-rap apron, with a depth of 18 inches,
and a width of 6 feet, accomplished this action.
In summary, we are furnishing two (2) additional copies of the site plan and
details. I have also revised our rip rap apron detail to show that it will function as a
level spreader.
Please continue with your review as soon as possible. We need to obtain this
stormwater permit and resolve the wetland situation. Please contact me if you have
any questions.
Sincerely,
JSH/pat
attachments
cc: Mr. Rick Shiver
Mr. Bill Buchanan
,,-Mr. John Dorney
JOSEPH S. HILL, JR. and ASSOCIATES

Joseph S. Hill, Jr., P.E.

JF2/SMLEW I S4
.SEP- 3-97 WED 13;59 WARD AND SMITH NEW BERN FAX NO. 9196362121
-? WARD AND SMITH, P.A.
Attorneys Ot Law
9009 C01109 0 Court
PO$t OfFICO BOX 867.
NOw ROM, North CaroliPina 28563.0,067
w?. r
1919163--,rI?C ls?
} TEl EaliP1ER COVEA PAGE
Date: September 3,.1997
T ` Mr. John Dorney
PDDRSEE (FIRM: Division of water Quality `
J ADDP?.CSSU CITY AND STATk Raleigh, NC
,d
ADDIIESSRS PHOW [phone]
AbDUISSEN TSI;RCOPit>R PHONE: [phone]
TOTAL tl AGES TRANSiUlITTFD:`;rINCLUDINQ COVVR PAGE
4

t?4
CLIENT llIE.E NUMOVIle 97-03870
P
FROM: 1. Clark Wright, Jr.
YM.
11- , OPERATOR: TIME;
4,

CONFIRMED; NOT CONFIRMED:
f*
P. 01
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4

SEP- 3-97 WED 14:00 WARD AND SMITH NEW BERN FAX NO, 9196362121
r?_., . i
WARD AND SMITH, P.A.
ATTORNEYS AT LAW
120 WC$7 FIRE TOWER ROA4
POST OFFICE Box 11 age
ORCENVILLE, N.C. 27555.8099
TELEPHONE [phone]C
KACSIMIL9 1910) 765-'Je40
UNIVERSITY CORPORATE CENTER
UT RACINC DRIVE
POST OFFICE BOX 7080
W14MINGTON, N.C. 29402-7068
TELEPHONC [phone]
FACSIMILE [phone]
CIA TEI,ECOpYER
1001 COLLEGE COVRT
I1087 OFFICE BOX 887
NEW BERN, N.C. 28692-0967
TEI.EFHONE [phone]
FACSIMILE (919; 630-2121
September 3, 1997
Jill Hickey, Esq.
North Carolina Department of Justice
Environmental Division
114 West Edenton, Street, Suite 311
Raleigh, North Caroline. 27604
RE: 401 Certification - South College Associates
DWQ Project No. 970075
Our File 9'70387 (A)
Dear Jill:
P. 02
SUITE :400
TWO HANNQvcg SQUARE
FAYETVAVILLE STREET MALL
I308T OFFICE BOX 2091
RALEIGM, N.C. 27002-2081
TELEPHONE 111 I0) 435.1900
FACSIMILS (919)02!-1001
This morning I received a written response from our client's
engineer to John Dorney's August 1, 1997 letter (received in our
office approximately August 15, x.997), While the basic concepts in
John's letter are acceptable to our client, our client's engineer
tells us that the proposed relocation of stormwater management
structures is both physically and economically difficult, if not
impossible (see enclosed letter). As I understand it, critical
issues Identified by our client's engineer include: (a) difficulty
in routing water "uphill" to the locations proposed for retention,
basins; (b) the use of multiple, smaller basins; (c) obtaining
apprQvals for modified plans from DWQ stormwater as well as the
federal. Department of HUD; and (d) long term structural stability
concerns.
In an effort to resolve this matter on a slightly simpler basis,
and consistent with discussions at our July meeting and the intent
of John DQrney's August 1 letter, I would like to propose that DWQ
accept less intrusive modifications in the stormwater management
syst;em"for this site that will continue to allow for hydrological
enhancement of the preserved wetland areas, Enhancement would be
accomplished by manor rerouting of smaller amounts of stormwater
runoff (e.g., from rooftops) into the oeveral on-site wetland,
areas, without relocation of the main stormwater retention, basin.
This way the water treatment effects in the main basin will be
enhanced due to lower loadings while the amounts of water directed

SEP- 3-97 WED 14;01 WARD AND SMITH NEW BERN FAX NO, 9196362121 P,03
'i . f
WARD AND SMITH, P.A.
Jill Hickey, Esq.
September 3, 1997
Page 2
into on-site wetland areas will be more precisely quantlEiable,
thus avoiding hydrological overloading of the wetlands.
of equal importance to our client, these targeted, "low tech„
stormwater management plan modifications are more likely to receive
tamely approval from b'WQ's stormwater section, our client's lender
and the U.S, Department of HUD without excessive and eypensive
project plan rewrites or excessive and expensive delays in the
varioua plan approval proces4es.
I apologize for not being in a position to provide this information
and counter proposal to you sooner, but would appreciate your beat
efforts to discuss this matter with your client and get back to me
as quickly as possible. Should it appear that we are near a final
settlement, I would thank that we could wrap this matter up without
any further requests for stay or tho need for filing of prehearing
statements. [Even though the existing stay order expires tomorrow,
it does not require aay filing on our part until September 12th.]
Thank you in advance for your attention to this matter and I look
forward to continuing to work with you and your client to resolve
this matter in the near future, with beet personal regards, I
remain
Yf au.f truly,
I. Clark Wr' , Jr.
ICW;icw
wSMAIN/231430
Enclosure
CC; Mr. Wi 1 l iMn Suchanon
Mr. John Dorney
i.• • t
CC3f?TSt? Yl??'?14 bfi7CypfiiTzl1? S and PLANNVA5
'? 1lli?hWdWQ 9>•?799•iili
August 27, 1997
Mr, Bill Buohana.n
South Collaoe Assiw atea
228 N. Front 6treet
Suits 309
Wilmington, North Oarolina 28401
ubfect: 401 ftvAh eQu lily 09ilif olttion
DWQ #9'0076 ousnty
DeaT M r. BuchanFtt)' s I,,'
rtNWoxllTdui £?
The GUOJO t pro was approved on May 7, 1997 for the fill of 2.37 acres of
wetlands. Subaa'ciusnVy, tho mom wlahed to satlempt to mitigate the filling of these
wotlarkds by pra:,tgrving an for enhanoing 4.19 remaining axes 01 tlndisturbe d
wetlands to reduoe their cast In utilizing thG Wstlands Restoration Program a#
$12,000 per acre,
Mr. Jornn Dorrtay, on behalf of DEHNFi, p ropotsea enhanoornent of Me 4.19
aores of remalninag watland. This would have ranull ad in a cradit of 1,08 acm )z since
anhancornont is debited on a 4:1 basis, In hi4 mom*. dated Augunt 7, 1097, ho
summerizes mitigwtion noreage for the a9it3work es follows:
Option 1. Kati ?fn ?e7 .??1. ?s Q??? acres afgm tigatl?nua?-line" water faddy C2:1
Option 2. Enhanoernant of on-site watiandt with stormwatar: 4.19 sores stores ofv;3.69baoy 4:1 res toff Miy1olds 1.05 tigation to be purohat; edl fromth(6? etland
Restoration Prcrarem.
The cost of optlcn 1 is (4,47 Aca x $12,000ift.) $53,64D. The cosy of €tptiars 2
1s (3.69 Ao, x $12,000/ft) V4,2801 or ar savings all $9,800.
Mr. Oorrioft quageslions for anhanc+ement ioblude moving the originally
proposed altormwator pond ltiWold southwest of building 1942 td uplar+d loocationa
south of buildings 3-A, S-A and 7-A. He also rerommanda that tranted storrnwatar be
satlowed to flow from the ponds into the remaining watla,nde prior to disc charge gffsit4,
Thera are severol problet"ns with this 4ipproach, We initially corislderoo
locating detontiori ponds at the areas suggested by Mr. Dorney, However, these
locations are too arnall in area to More and trust All projeat runoff in accordance with
NGDEViNk requiremanta. They are lairotad at aveh high MOVAtidna that aii project
JF7J6MOUGNI
SEP- 3-97 WED 14:02 WARD AND SMITH NEW BERN FAX NO. 9196362121 P.05
-- ?.. 14( 715-1 a ZI-I1 I t'1 l '1 1LL 1,O. ,321* a P.4
^?1934zeszs P,03
Mr. 8111 Buoha.nan
August Mead e
)gage 2 ito flow could not be .rester amvuAt vt? w land diepurb.n oll . greater allow rin101
ndsat the
witlci? would lrtora the
suggested looetions to overflow 1nio sdl9koent wetlands would require exle save site
fill to provent saturation and destahlUwatl on of st osmaand deteding foundations. $ gha
coot 6i desl n1no and conatruoting
single pond also substanilsl,
in abort, not only will it Ira diifloult if not irnnossible to 9s the Areas up t 0
by Mr. i?arney for slormwater dstontion and trealment, the coat paid to the Wetlands (testoMtion Program are outweigheO b a lamor of several
times by the addltional post of r"es[gn work, site lilt, exca.vat tin of multiple ponds,
lnstoallalion at multiple risers itvd aijifo l "ping, and tho doatruotion of a greater area
of wetlands than proponod under tha origFnM Plan.
please do not 110sitate to oor.j.act me if you have any questions.
61noerely,
,JBN1pat
'W218 13U0f11
J085PH S. Hil1i JR. an# ASSOCIATES
?') f-1 X_
,loselah S. Hill, Jr., P,E.

State of North Carolina
Department of Environment,
Health and Natural Resources
Ja mes B. Hunt, Jr., G ove mor
Jonathan B. Howes, Secretary
Steven J. Levitas? Deputy Secretary
AIYI.K?FA
?a 4
[D EE F1
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
• FAX:[phone]
FAX TO: ? AoA _ ? W-4 ? LFAX NUMBER: I
FROM:
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State of North Carolina
Department of Environment,
Health and Natural Resources
Ja mes B. Hunt, Jr., G ove mor
Jonathan & Howes, Secretary
Steven J. Levitas, Deputy Secretary
AkI4
1:3 EHNFI
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
IC a Q (??? Raleigh, N.C. 27607
FAX: [phone]
I FAX TO: W1 a U?- I FAX NUMBER: I
FROM: 4x'-J?-14-uj
PI-IONS
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Buchanan Properties
Qesidential and Commercial Deal Fztate
228 North front Street Suite 309 * Wilmin8ton, NC 28401-3978 • [phone]

T@'d SZ202-026T6
9193430325 P.02
d,•?L47ga
State of North Carolina
Departm.erlit of Elxvzronnaent and Natural Resources
James B_ Hunt, Jr. Wilmington Regional Office
Governor Division of Water Quality
Water Quality Section WaYixe McDevirt
October 6, 1997 Secretary
Mr. Bill Buchanan
South Cortege Associates
298 North Front Street, Suite 309
Wilmington, NC 28401
Subject; Meeting Synopsis
Still Meadow Village
Storruwater Project No. 970726
New Hanover County
Dear Mr. Buchanan.,
Per out• meeting of Friday, September 26, 1997, WC discussed with your engineer, Joseph Hill, p,F.,
the options available to you for meeting the stormwater requirements of North Carolina and for res
thc'``natural wetland located on this site. It is ilityded that the runoff from oxtio p erving
buildings (preferably parking due to a wetlands ability to assimilate hydrocarbons better Portions of the parking or
sheet flow or be collected and directed into the wetland areas in a non-erosive manner, e., pondsh use o
a level spreader or other acceptable flow distribution device. , ie througT? use of
The amount of runoff to be directed into the wetland was agreed to be a volume e
construction flow rate from the site fora 1" storm event. This rate a quivalent to the l?lre-
the wetland functioning, All overflows from the wetland in excess of therdesig the lull' that will keep
the detention. Pond. will be directed into
While Mr. Donley may not require any changes to the plan in the future if this experiment fails, that in order to maintain water quality, the permit must still hold a condition that if tile t r
reatment system
fails, cithelr it will be rebuilt to design standards or another treatment system will be con
experimental nature of the system cannot exempt anyone frotxi lstructed. Tile
systen' fail. Ili this particular cast', the flow from the t wetland OM Providing tall stormwate?r control should the
the system work in case the wetland fails should not be a problem. y goes through the pond, so making
127 Cardinal Drive $xtens10n, Wilnu,Won, N.G. 28405-3845 • Telephone [phone] . Fax [phone]
A An Equal Oppoxunity Affirmative Action Etnplt)yer
Bill ;Pehanan
ctober 6, 1997
tormwater Permit No. SW8 970726
-----
----------^---------------??-------
w4 If you have any questions, please do not hesitate to call me at [phone].
s
Sincerely,
Linda Lewis

?0 •d
S :1WQSISTORM W ATILETTERS1970726. OCT
John Dorney, DWQ 401
Joseph Hill, P.la.
Jill Hickey, DOJ
Linda Lewis
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State of North Carolina
Department of Environment,
Health and Natural Resources
Ja mes & Hunt, Jr., G ove mor
Jonathan & Howes, Secretary
Steven J. Levitas, Deputy Secretary
IT4 X?FA
[D FE F=1
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
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?JU?.-• !-97 TUE 1620 WARD AND SMITH NEW BERN FAX NO. 919636212
R&ElvED WARD AND SON P.A-
At1 ofneVS at Law
JU 0 3 1997, 1001 college Court
Post office Box 887
ENVIRONMENTAL SCIENCES NOW L70rn, North Carolina 28583-0307
(891) 6331000
[phone] TelecOP IOr
7rI.I-CiOPIER COVEk pAGF
note: July 1, 1997
TO, A. Preston Howard, Jr., P-E.
A$3liCiRESSEl: FIRM: North Carolina Division of Water Quality
ADDR.FSSE9 CITY AND STATe Raleigh, NC
ADDRESSCE PHONE: [phone]
ADDRIESISSCII TIELMyrwi PIER PHONF: [phone]
TOTAL PAGES TRANSMITTUD: INCLUDING COVER FAGS
CLIENT FALL NUMBER: 97-0387(A)
Frt,C?M.- 1. Clark Wright, Jr.
©PURATOR: TIME:
corIFIRMED: NOT CONFIRMED:
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J!JL-. I'-97 TUE 16:21 WARD AND SMITH NEW BERN FAX NO, 9196362121 P.02
t
WARD AND SMITH, P.A.
ATTORNEYS AT LAW
170 WE:3T FIRE TOWER ROAD
POST OFFICE BOX 8068
GREENVILLE. N.C. 27939-8009
YELe PHONE [phone]
FACSIMILE (918) 758-3dd9
kiNIvERSITY CORPORATE CENTER
127 RACINE DRIVE
POST OFFICE ROX 7098
HVILMINGTON, N.C. 28408-1060
TELEPHONE [phone]
FACSIMILE [phone]
1wo1 COLLEGE COURT
POST OFFICE BOX 887
NEW SERN, N C 25693-0987
IELEPHONE [phone]
FACSIMILE [phone]
July 1, 1997
SUITE 2400
TWO'HANNOVER SQUARE
e-AYETTEVILI.E STREET MALL
POST OFFICE BOX 2091
RALEIGH, N C 21602.2091
TELEPHONE [phone]
FACSIMILE (Big) 938-1507
V.G,?,_ TELIECOPIER
A. Preston Howard, Jr., P • I.; -
Director, Division of Water Quality
512 North Salisbury Street
Archdale Building
Raleigh, North Carolina 27602
RE: 401 Certification. - South College Associates
DWQ Project No_ 970075
our File 97-0887(A)
Dear Preston:
I write with concern regarding a 401 Certification letter recently
issued by DWQ to our client, Mr. Bill Buchanan of South College
Associates. In a letter dated May 5, 1997, signed by John Dorney
on your behalf, a conditional Section 401 Certificat',.on was issued
to our client. The purpose of this letter is to bring several of
the conditions contained in this letter to your attention and, in
light of the shortness of our client's remaining appeal time frame,
to request your immediate attention to, and reconsideratiorn of, the
following issues.
First, the letter demands that, our client place a deFd restriction
or conservation easement over all remaining wetlands on the
property (area undefined) . Preston, this appears to be an improper
and unauthorized attempt to take property without compensation and
bears no legal relationship to DWQ's valid concerns in addressing
potential impacts associated with the proposed activity, DWQ has
no business holding hostage undeveloped and unfilled wetland areas
on our client's private property as a precondition to the granting
of permi,saion to fill the 2.37 acres of low value, nonriparian
wetlands already approved under our client's Nationwide 26 Section
404 federal wetlands permit. This deed restri("tion/ easement
condition should be deleted not only from our client's letter, but
from,any and all 401 certification letters issued by DWQ.
Second, the letter iniposfts a 2:1 compensatory mitigation ratio
based cn the presence of a so-called "blue line stream" on our
JU? i-97 TUE 16:21 WARD AND SMITH NEW BERN FAX NO. 9196362121 P.03
t
WARD AND SMITH, P.A.
A. Preston Howard, Jr-, P-F-
July 1, 1997
Page 2
client's property as depicted on the 7.S minute USGI, topographic
map for the area- This so-called "blue line stream" is nothing
more than an old drainage canal. In essence,.our client is being
asked to double his mitigation costs because the USGS_map does not
discriminate between a man-made drainage canal with intermittent
water flow and, as a contrasting example, a clear flowing trout
stream, natural creek or even a major river.
While our client understands and accepts the basic concept of
wetlands mitigation, we do not understand a doubling of mitigation
requirements due to the failure of the USGS topo map to properly
label a man-made canal and application of a literalistic w
interpretation of the wetland regulations. We ask only that DWQ ? a\
exercise site-specific judgment in this case and impose an yp
appropriate mitigation ratio based on the realities ot our client's
property - property that previously was ditched and drained and is ?1_
surrounded by existing development.
Third, our client actually is being requested to mitigate at even
greater than a 2.1 ratio. A doubling of the 2.37 acres of wetlands
fill required for this project yields a total of 4.74 acres of
required mitigation, yet the 401 Certification letter asks for 5.00
acres of mitigation. Given the high per acre costs of mitigation,
the .26 acre difference between 4.74 and 5.00 alone represents
several thousand dollars to our client.
Fourth, DWQ's letter implie's wrongly - that the only mitigation
option open to our client is to make a cash payment to the State's
Wetlands Restoration, Fund. As a former member of the wetlands
legislative committee that reviewed this issue Last yfaar, I greatly
am concerned that DWQ apparently is issuing 401 certification"'
letters that fail to inform permittees of other mitigation options z
available to them, including: (1.) the preferred alter.•native of on- i?15
site mitigation,- (2) off-site mitigation by the permittee, and (3) mitigation payments to private mitigation banks located in the same
area or watershed. ironically, given the infancy of the Wetlands
Restoration Fund (the State has yet to restore, enhance, preserve
or create Agy wetlands using this fund), our client's payment of
money to the State's fund, as requested in DWQ's letter, will do
little or nothing to improve the environment for many, many months,
if not years, to come.
Preston, despite the significant program-wide issues as identified
above, our client very much would like to resolve the narrower
issues for this project as quickly and simply as possible. In
furtherance of that goal, I have authority from our client to make
the following compromise proposal. Our proposal, is to accept all
of the terms of DWQ' s existing conditional 401 certif Lcat ion letter
with two change:: (V deletion of the deed restriction/conservation.
.JU =•1-97 TUE 16:22 WARD AND SMITH NEW BERN FAX NO. 9196362121 P.04
.
WARD AND SMITH, P.A.
A. Preston Howard, Jr., P.E.
July 1, 199'7
Page 3
easement requirement; and (2) reduction of the required mitigation
from 5.00 acres to 3.00 acres. if these relatively minor changes
are acceptable to DWQ, I am in a position to immediately tender the
sum of $35,000.00 (3.00 acres of nonriparian mitigation at the
regulatory rate of $12,000.00 per acre) by means ,7f our trust
account check in satisfaction, of all mitigation requirements for
this project.
In light of the shortness off: our client's remaining appeal time, it
is imperative that we attempt to address and resolve this matter in
the next 48 hours. Otherwise I will have no alternative but to
file, via fax, a petition for contested case hearing by the close
of business on Thursday, July 5, 1997 in order to preserve our
client's appeal rights. While it certainly is possible to resolve
this matter after the filing of such a petition, our client very
much would like to avoid that necessity if possible.
Thank you very much for your prompt attention to thi8 matter and I
look forward to working with you and your staff to reach a quick
and mutually satisfactory resolution. In that regard, 1 remain
Your ulyy
? r
Cr,:
Clark Wrigh Jr.
ICW:icw
WSMAIN/225033
Enclosure
cc_ Mr. Daniel C. Oakley
Ms. Jill Hickey
Mr. John Dorney
Ms, Linda Ramer
i-97 TUE 16:23 WARD AND SMITH NEW BERN
Late of North Carolina
b0partmerlt of Enviranrr^t+ent,
He<31-th tend Naifigral Resources
DivislOn Of 1 Oter QU04 y
.lames B. Hunt, Jr., Governor
Jonothon B, Howes. 800r4!9t0rY
A. Preston Howard, Jr., P'.E., Director
AA A
46
,-• a.
M;ay 7,1997
New H%Iover County
T)WQ Pwjoct a 010075
P. 05
APPROVAL Of 401 Wgtelr Quality Certineation and ADDMON8L CONDITIONS
south Ccllcgo Associates
olo tor. %il'buc3r arnan
2281. Front Str Ot
5ulta 309
Wilmiitgtoh, NC 29401
Dexrr 14tr. 33uchattati.
You leave our appr??val, in abt,0TdW1c® with tko attaelled condidow and tlLca JILL below a to place 4111 ?ubtcrial in
2.37 acres of westlatlds or y>pters far the.puC(tocp of apc ?uciig a esit? dev9lltion 49W 27 Tatiuary 1997,
Apts, at S01A College ROfid near Monkey Jut?etioe, ss you do5crl'bal in y ur app
Aftor tti'uiawing your application. wo have decided t4at this fill is covemd by 0oneral Water Quality C ortilzestlon
Number 3108. '1 hts GertMcatlon allows. you W use Notionwidis Perini Xu mbu 26 Mien it is issued by lbo Corps of
Bngineer8.
'this approval is ody vaslld for tiro pwpaaeanddesigetthat you IQrssc+ itrt In your appllea:iotlexcept as madi41eA
below. If you cltanso your p=-csjec=, you x1)ust dory us sad you rttti'y br, rrquir6d to woo us a now applicatian, Tf tote
wetland fills fog this project (taaw or In the flttilre) a Few cd" approval lto blu anl yetimust oil o the condidons
describe.! la lac NCar ?,l;i .0506 (ltj (dj d1("fj• i sI r co atioi
listed in the ¦tiaGt2edcPFlSflG tiro ?' licltiit3titial nondi 11Seecibelow. A n al our lens.
_wetl uts to rcvt out fi3tts.g y2n tx? l , . mm'sg y01 4 ,Y .
easetisetft tth&13 be addod tP all rtltYlalttr „fit„ ?..,j.„., b ? nirl?Tutlo,?„to
cam ou t " n,_ g , °. ?$. °? w ? rc u?xQd b?f3' ?(he rite is horn 5d to 1000 "oat of -? e tl s?k taOxr aButiro- Acunr tt to ? ' r toreforc 5.0 aoxes i
o n parl ux?
f? t ?f a wit K ! `, -tbgk • St ." i rograni rccolves alto
not aktst t occur. sr?ee gtll? dltltlj. t?11 etland itcsll7rat=
wdtlan tt t? it nun! t1a ors From eft -data of ?hta ?o14i? ° itta?d ?hi3
e ears t s ? cI we sn 11 nztiy YDit ?."?
_Payatcnt.-.For accounting p+u•p0sest this ??rt?IF9L+Ettion avt orixon m fill of 2.37 ac=tor of nomiparivua wotloDd hll, In
cal
esubbaslrt 030617 and 5.0 acres of estorniion are required. la addltion, you t) ouldneger tu any E othor o "oraantrole orl to al
permits Worm you go ahead with your project including (tut riot stonuwater, Nora-Diatharge Bold War Sispply Watershed mgulatiolimited ns. This approval will oXpiro when the t
accompanying 404 or C MA pormit axpirms unless othawlse specified in the Otnetal Certiliealion.
If you do not ac4epi any of the conditions of this aettiPication. you may iskibr an itdjudicatory bearing. You
man aGt Witt L? rYi. F the'data that y0a ? ?VthiSlalltor. To psi for a heu ltig, smid a Written pNititm which
canforms to cha to lib of thus North Carolina ijweml statttles to the Office of AdMillistrativo HearinKs, P.Q. Box
27447, Ra.ltigh. N.C. 27611-7447. Tbli aerdficatlon and Its conditlod9 "o final acrd bindlitg unlcs,,, Iou ask for a
hearing,
o„ have L tra co 'An v ud)e se t 2cph fe D vision at under Section 401 of the Clean Water Act, If
AUChtnant
CC- Wilmington DistriL4 Corps of F118111e;3rs
Cori'sa of Englwers Wilrklittgtbtt PiOld Office
V11bralwon 1>WQ Regibtlal Office
Mr. Jolts Dorney
C eatrat Vtles
Chortle Hollis
5l l
tort OW d. Jr. P
970075,1 to

FAX NO, 9196362121
D ?i-44-0325

Division of W for Quality • Envirommental Sclenoes Branch
envlronm
An FqUal esta eona?? 8 jty oti, 440 t I A,?llrl Employer ?•al50ha gt:ycl ?1Q% p st aGssurrser plows FAX [phone]
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State of North Carolina
Department of Environment,
Health and Natural Resources
Ja mes B. Hunt, Jr., G ove mor
Jonathan & Howes, Secretary
Steven J. Levitasy Deputy Secretary
AVON%
r. ?
[D F= Fl
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
I FAX TO: / Li k t -0k'-CA I -,P-q I FAX NUMBER:
FROM:
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-? JUL- 1-97 TUE 16:08 WARD AND SMITH NEW BERN FAX NO. 9196362121 P.01
TO., Mr. John oorneV
AIyDRESSSE FII3l1r<: Division of Water quality
ADDR09SON CITY' AND STATO: Raleigh, NC
ADDRES91111 PHONE'[phone]
TEL COPIEi7 COVER PACE
Date: July 1, 1997
ADDRE SSEEN'TELOCOPIER PHONE: [phone]
TOTAL PAGES TRANSMIVTED: 5- INCLUDING COVER PAGE
CLIENT FILE IN1 SUC 97-0387(A)
FROM: i. Clark Wright, Jr.
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Telocopler: [phone] [phone] (910) 3922333
The information oontdlnod in this facsimile message N. privileged and confidential information Intended only for the use of the
Individilai at entity reamed above. If the reader of this message Is not the Intended recipient, any dissemination, distribution or
CvUyin9 Of this communication Is wrongful and htdy SUbJeCtYOU W IlabliitV. If you have received this communicarlon in error, please
Immediately notify us by telephone (collectl, and destroy tho original message. Thank you, Ward an•d Smith, P.A.
C?{?y.i.. wnr-ram-r?+?r.?++?•r?F1YM++W+?"IY V ?-Y•w?.?-wrrwi?n????•1.ur.+.-+?.?.?wn.,. ?urww?..?++-?a-u-rr
^MI1iIE1 TS;
WARD AND SMITH, P.A.
Attorneys at taw
lo09 College court
po,vot office Box 867
New Berri, North Carolina 28563-0867
[phone]
M991 6,36-2121 Te10COp1er
JUL- 1-97 TUE 16:08 WARD AND SMITH NEW BERN FAX NO, 9196362121 P,02
WARD AND SMITH, P.A.
ATTORNEYS AT LAW
120 WEST F114C TOWER ROAD
POET OFFICE DOA 0009
6jREQNVILLE. H.C. 2763$-8068
TELEPHONE [phone]
FACSIMILE [phone]
UNIVERS.TY CORPORAtR CI=VTER
12T RACINC ORIVC
;.nST OFFICE 20X 7088
WILMINGTON. N.C. 28406.1088
TELEPHONE (910) $92-67110
PAG¢IM11.C (C90) 302.9339
1001 COLLEOEt COURT
POST OFFICL 59X 907
..", DgRN. N.C 2656s-0967
TELEPHONE (919) 033
FACSIMILE [phone]
L7uly 1, 1997
SUITE 2400
TwO HANNOVER BQJARE
FAY C"IgVi L4E 8TR@6T MALL
POST OFFICE BOX 2091
RALEIGH, N O 1?002.2091
TELCFHoNE 1919) 090.1000
FACSIMILE [phone]
VIA 'T`ELECOPIER
A- Preston Howard, Jr., P.E.
Director, Oivision of Water Quality
512 North Salisbury Street
Archdale Building
Raleigh, North Carolina 27602
RE: 401 Certification - South College Associates
DWO Project No. 970075
Our File 97-0357(A)
Dear Preston-
Z write with concern regarding a 401 Certification letter recently
issued by DWQ to our client, Mr. Bill Buchanan of South college
Associatee. In a letter dared May 5, 1997, signed by John Dorney
on your behalf, a conditional (Section 401 Certification was issued
to our client. The purpose of this letter is to bring several of
the conditions contained in this letter to your attention and, in
light of the shortness of our client's remaining appeal time frame,
to request your immediate attention to, and reconsideration of, the
following issues.
First, the letter demands that our client place a deed restriction
or conservation easement; over all remaining watlandae on the
property (area undefined) . Preston, this appears to be an improper
and unauthorized attempt to take property without compensation and
bears no legal relationship to DWQ's valid concerns in addressing
potential impacts aasoci,ated with the proposed activity. DWQ has
no business holding hostage undeveloped and unfilled wetland areas
on our client's private property as a, precondition to the granting
of permission to fill the 2.37 acres of low value, nonriparian
wetlands already approved under our client's Nationwide 26 Section
404 federal wetlands permit. This deed restrictiLon/aasement
condition should be deleted not only from our clients letter, but
Erom any and all 401 cert.ifioation letters issued by DWQ,
second, the letter iTaposes a 2:1 compensatory mi-:i.gation ratio
based on the presence of a. so-called "blue line ,;tream11 on, our
JUL- 1-97 TUE 16:09 WARD AND SMITH NEW BERN FAX NO. 9196362121 P,03
WARD AND SMITH, P.A.
A. Preston Howard, Jr., P.'l.
July 1, 1997
Page 2
client's property as depicted on the 7.5 minute USGS topographic
map for the area. This so-called 11blue line stream" is nothing
more than an old drainage canal. In essence, our client is being
asked to double his mitigation costs because the USGc'• map does not
discriminate between a man.-made drainage canal, with Intermittent
water flow and, as a contrasting example, a clear flowing trout
stream, natural creek or even a major rive'.
While our client understands and accepts the bask concept of
wetlands mitigation, we do not understand a doubling of mitigation
requirements due to the failure of the USGS topo map to properly
label a man-made canal and application of a literalistic
interpretation of the wetland regulations. We ask only that DWQ
exercise site-specific judgment in this case aiid impose an
appropriate mitigation ratio based on the realities cif our client's
property - property that previously was ditched and drained and is
surrounded by existing development.
Third, our client actually is being requested to mitigate at even
greater than a 2:1 ratio. A doubling of the 2.37 acrto of wetlands
fill required for this pro= ect yields a total of 4.74 acres of
required mitigation, yet the 401 Certification letter asks for 5.00
acres of mitigation. Given the high per acne goats of mitigation,
the .26 acre difference between 4.74 and 5.00 alone represents
several thousand dollars to our client.
Fourth, DWQ's letter implies - wrongly - that the oiily mitigation
option open to our client is to make a cash payment t.o the State's
Wetlands Restoration Fund. As a former member of the wetlands
legislative committee that reviewed this issue last year, I greatly
am concerned that DWQ apparently is issuing 4601 certification
letters that fail to inform permittees of other mitigation options
available to them, including: (1) the preferred alternative of on-
site mitigation; (2) off-site mitigation by the permittee; and (3)
mitigation payments to private mitigation banks located in the same
area or watershed. Ironically, given the infancy of the Wetlando
Restoration Fund (the state has yet to restore, enhance, preserve
or create anv wetlands using this fund), our client's payment of
money to the State's fund, as requested in DWQ's letter, will do
little or nothing to improve the environment for many, many months,
if not years, to come.
Preston, despite the significant program-wide issue-, as identified
above, our client very much would like to resolve: the narrower
issues for this project as quickly and simply as Possible. In
furtherance of that goal, I have authority from our client to mare
the following compromise proposal. our proposal is to accept all
of the terms of DWQ's existing conditional 401 certification letter
with two changes: (l) deletion of the deed restrict icrn/conservation
. , , : JUL- 1-97 TUE 16:09 WARD AND SMITH NEW BERN FAX NO. 9196362121 P.04
WARD AND SMITH, P.A.
A. Freston Howard, Jr., P.1;.
July 1, 1997
Page 3
easement requirement; and f2) reduction of the requiied mitigation
from 5.00 acres to 3.00 acres. if these relatively minor changes
are acceptable to DWQ, I am in a position to immediatf-ly tender the
sum of $35,000.00 (3.00 acres of nonriparian mitigation at the
regulatory rate of $12,000.00 per acre) by means of our trust
account check in satisfaction of all mitigation requirements for
thi$ project.
in light of the shortness of our client's remaining appeal time, it
is imperative that we attempt to address and resolve this matter in
the next 46 hours. Otherwise I will have no alternative but to
tile, via fax, a petition for contented case hearing by the close
of business on Thursday, July 5, 1997 in order to preserve our
client's appeal rights. While it certainly is possible to xesolve
this matter after the filing of such a petition, our client very
much would like to avoid that necessity if passible.
Thank you very much for your prompt attention to this matter and I
look forward to working with you and your staff to reach a quick
and mutually satisfactory resolution. in that rega}-d, I remain
Your ly
M ?.
. Clark Wrigh r.
ZCw:icw
WSMAIN/2.2 50 3 3
Enclosure
cc: Mr. Daniel C. Oakley
Ms. Jill Hickey
Mr. John porney
Ms. Linda Rimer
JUL- 1-97 TUE 16:10 WARD AND SMITH NEW BERN FAX NO. 9196362121 P.05
State of North CorolInct
fjopodment of EnvfroMent,
Health and Natural Resoure,55
laMSIOn Of WQt6T Q'J01 iy
.fames f9. Hunt, Jr., Goyemor
jonothan B. Howes, 3e0r0tary
A. Preston Howard, Jr., P.E., Direcfor
May 7.1997
New 14tnovea county
I) WQ 1?raject:1197007:1
Appi -VAir of 401 Walar (Zpality Cri.gIrIcation and ADDmoNAL CONDIVONS
south College AaS0410e
?/oMr. Aiil Buc11ar1ass
22$ N, ROM Stmu
Suite 309
wi]tningtoe. NC 2WI
Deertrdc Bdohattan?:
vsi, in a?dattco with the sttaclle4condltiaas tsx?d dsga 10w, to place fill lrslts[iA] irk
Yw?i,ave our apps8evel+utt at still Mendow Viliage
7,37 mcrrq of waelart& or waterra fur the p tree of t "
dworit your apPlicatlon dattd 217anuat9 1997.
Apia at South C,oltage Ytaad MW NlOWM July%101%, es y
After sovitwing y(nr eltpliCnd4xt. wa lave dw?uitlyd that this ftti i4 eOVcT4dby t3Gactal W attar t na]!ty E',erll[icaca
lilit[n 9 iOW '>3a cettidc Ooa shows YOU IQ No t?Tatlonwme pO Mit l?t=W 26 W11611 it is issued by Me Corps of
bermoa- Dngittem. pttxp'?se anddoolka that YOU dtl9Lr,004Inytrur apFl;ar,ti0tloXoepl as tttodifieci
below ad us it now eP91100tlon. If total
1hla OPPM"I W only valid for the
,,,,,?,:tonfyus and you i bm iced to ra
. Iryou change y' pro3°?, In the &wro) 1171 don way be rcquift.d A9
wetlatld !ilia for this Pro} cat (uqw or In t sad ('1)• F IW sl?sarwP +O al to [Sf1Ow rho condid mo
dasotlbtd to 15ANCA? 23i ASG6 (It) (? t a tU dole
list¢d'm tltm attae]?adCardrteatloo Aa d+uty q ldtlonoloondYda> attstluitaelow. A ]4m
p?A r ens,
ensemeitt ohall bo added 10 au reutaln R l to - t C 4H ?? .1 I. Opt i s rya '?? . ti Annn
oit.$lA31tuU ?U r,triap. thgitlgrea.vaOLW VL {},?E;.a'.r.....,. ,
?t
i
t .- y ?„ i rccciYCS hAlva
at rwodc. rev artachat fay st' ° 1"). Uhl the Walla>tid R?atoran?
it m.tY nOt scour. u von _ a??.tho date ol`eta t?sttil3tS.tik??lga this
ettni ctt NO
c:leae0 t ie •a, weea ' Co ifisetton aitthori? tat of 2.37 etxee PC?OtiripattKtt wrrttand filt,`l?, (, G .ter
?,ay,,t cr,t _ptlr accoutiting pttrPtasaa, iiis oxt should 6t any othor fodual, sthLc of local .
aubbasin 030617 and 5.0 pc(ep of ra%1cration at eregnlred. In A4J1t1*y4: d tq) Seftnent anti BrpsiosiControl, Coastal,
perrnlts before you p ahead 0h yoUr pe0je:t ?U14 (but nations. '><hW approval will expire when the
$tonnwatr o 14c)P,-Ulachaxge find Water SUply €u
et mw in ttp feral O rti ,cation.
accomp=ylttS 404 of LAMA pert& o Plfts unless Othelwiso 8P .r
it you do oat ttlu'gt "V of the colAll Otis Of this roftiCeallm you rrxAy aaklfor an adbadlcntrny 1104609. YWh1uh
ou must au wlil,dr ,d• t1?t. dew that yo3o ihla 14ttvr. To R& tot a hcasiug, afind u wnttan Petili(m P.0, Box
' -of alct h, N C- 127 1-7dd'f. ?-rt crtifimdon and its OICOT m dnd "dUnd g iTt Sao ask P.ror a
27447.
g
ht Bring.
'Ibis loiter coompla dto r oij p,w_Q n 6 Division nay at 9atw Q -aI786. xleic Swam 401 of the Clean W ate, Act.
I
you have my 4
5t . el
tort d. 1r;
Amclunent
cc: Wilmington )Mstrlet CQrP_5Of ftltears
Corps aIng!rms Wi11tUx1#tod PiCldOffice
WiitwmP'ttsn DWQ P,4gOt1a X00
Mtg. John Domey
cwaml Piles 970p75.1lr
twiterlie Eloll)s
DlAsion of Water Qualitj • Envitorimuntai Scienat s Branch
Fr,vdon nEcri Sc1on odrlty AtOrMti ( O Actonmtinployor-$00/. moydedf1M pool eoneu papp8 FAA ii -133-Mg
Mf?.tal CPP
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
ENVIRONMENTAL SCIENCES BRANCH
?'/_ '/- 9 7
MEMORANDUM
TO: Larry Ausley
Trish MacPherson
John Dorney
Matt Matthews
Jay Sauber
FROM: Jimmie Overton
SUBJECT: Designation of n ' nmental Sciences Acting Assistant Chief
,?, -2 --4,
I am designating
During my absence on i
S as acting Assistant Chief. If any questions arise,
please contact _ during this period.
cc: Dennis Ramsey
Greg Thorpe
Don Safrit
Steve W. Tedder
REVISED PROPOSAL
FOR EMC CONSIDERATION
4/10/97
TITLE 15A, SUBCHAPTER 2R
SECTION .0500 - WETLANDS RESTORATION FUND
.0501 PURPOSE
(a) The purpose of the Wetlands Restoration Fund (Fund) is to provide a repository for
monetary contributions or payments and donations or dedications of interests in real property.
Fund assets will be used to promote the restoration, enhancement, preservation, or creation of
wetlands and riparian areas. Fund assets will only be used for the purpose of contributing directly
to the acquisition, perpetual maintenance, enhancement, restoration, or creation of wetlands and
riparian areas as described. in G.S. 143-214.8-13 in accordance with the wetlands restoration plans
developed for each river basin.
(b) Payments into the Fund as determined in accordance with Rule .0502 of this Section shall be
considered as compliance with the compensatory mitigation requirements of certifications issued by
the Department under 33 U.S.C. § 1341; and permits or authorizations issued by the United States
Army Corps of Engineers under 33 U.S.C. § 1344 if the contributions will meet the mitigation
requirements of the U. S. Army Corps of Engineers.
(c) Donations or dedications of interest in real property may be accepted if consistent with the
goals and objectives of the restoration plan for the river basin as determined by the Secretary or
Designee.
.0502 DEFINITIONS
(1) Compensatory mitigation means the restoration, creation, enhancement or preservation of
wetlands, riparian areas and classified surface waters that is required as a condition of certifications
issued by the Department under 33 U.S.C. § 1341 and permits or authorizations issued by the
United States Army Corps of Engineers under 33 U.S.C. § 1341.
(2) Non-riparian wetlands means Class WL wetlands as defined in 15A NCAC 2B .0101(c)(8)
whose major source of water is precipitation. Wetland types generally considered to be non-
riparian include wet flats, pocosins and ephemeral wetlands.
(3) Riparian wetlands means Class WL wetlands as defined in 15A NCAC 2B .0101(c)(8)
whose major source of water is ground water or surface water. Wetland types generally
considered to be riparian include freshwater marshes, swamp forests, bottomland hardwood
forests, headwater forests, bog forests, mountain bogs and seeps.
.0503 SCHEDULE OF FEES
(a) This schedule of fees is based on the cost of restoring or creating wetlands or surface waters
capable of performing the same or similar functions as the wetlands or surface waters that have
been impaired by permitted development projects. The fees include directly related costs of
restoration planning, land acquisition, long-term monitoring, maintenance and preservation of
restored areas.
(b) The amount of payment into the Fund in lieu of compensatory mitigation requirements as
described in Rule .0501(b) of this section shall be determined in accordance with Subparagraphs
(1) through (3) of this Paragraph. The fee will be based on the acres and types of compensatory
mitigation specified in the approved U.S. Army Corps of Engineers permit under 33 U.S.C. §
1344 or the certification issued by this Department under 33 U.S.C. § 1341. Payments shall be
calculated in 0.25 acre increments for wetlands and by the linear foot for streams.
(1) Classified surface waters other than wetlands as defined in 15A NCAC.2B .0202. The
payment shall be $125 per linear foot of stream.
(2) Class WL wetlands as defined in 15A NCAC 2B.0101(c)(8). The payment shall be:
(A) $12,000 per acre for non-riparian wetlands.
(B) $24,000 per acre for riparian wetlands.
(3) Class SWL wetlands as defined in 15A NCAC 2B .0101(d)(4). The payment shall be
$120,000 per acre.
(c) Donations or dedications of interest in real property may be accepted in lieu of compensatory
mitigation requirements as described in Rule .0501(b) provided that the property has been
identified as an approved site in the restoration plan developed for each river basin. Other
properties may be considered by the Secretary or his designee on a case-by-case basis. The
decision on whether to accept other properties shall include a determination that restoration or
preservation of the property is consistent with the goals and objectives of the restoration plan for
the river basin. The amount of credit for donations of property shall consider the costs of
restoration planning, long-term monitoring, and maintenance of the donated property.
(d) This fee schedule will be subject to update and revision upon determination that assessed fees
vary from the actual costs of restoration activities described in Rule.0501(a).
.0504 PAYMENT
(a) Payment of fees shall be made by check or electronic fund transfer to the North Carolina
Wetland Restoration Fund.
(b) Donations or dedications of interest in real property shall be deeded to the State of North
Carolina or to other public or private nonprofit conservation organizations as approved by the
Department.
_*4 '0 10
JUL- 1-97 TUE 1556 WARD AND SMITH NEW BERN FAX N0,@1 P.OI
WARDAxxljD[+MYTf 17 {i }? ry
AttorneVs at taw
1001 Cofteg'e court 97 JUL _Z AM .30
Post Offlce Box 867
Now Bern, NorM Carolina 29565-W67
(919) 633 IOW p
CA
(9119) 636-21211 Telecopier t ..
xJUL ? eu?7
TEL COPIER COVER PACE
Date: July 1, 1997
D\A1D
TOR`! Ste„ ': ?>Fd
TO., Mr. Andrew Oakley I LEGAL SERVICES
AOOISS FIRMA: DHiVra, Division of Water Oality lrF Business ana individual

Jt . oankruptcy/c,+ocilrors, Rights
Jt a
?""
`' X99 - cnrporatlons anCl Partners11ipS
a ana I IOUNIanor
A001 SSEE 'CITY AND STATE: Raielgh, NC ?o ,N .: envproment
-RP r4Z
4 C/? • Exempt orgalllzatlons
• Alnml
l
i I
tlL

ADDRESSEE P1,10NR: [phone] a
ns
UtEons
C
?• oovernmem .,ontractt
• Health care
• M®rOr9 and xscaulsitlons

ADDRESSEE TELECOP18t PHONE: [phone] Municipal ana Public uralittos
- Public nnsnetdoOnd Transactions
. Real Estate -NVe10t3 n&nt/Flnance
aecuntles - Federal and state
TOTAL PAGES TRANSMITTED: ? INCLUDING COVER PACE • rantlon - Feaemiandstare
• TtUSt and ESGIe Plann)ny;Adm n stration
• Mrdmunlty Anoclatlons
CLIENT FILE NUMBER: 97-0387(A) Litloation
• AWrYnlstrat&•;
• AdniWaRY t++
lFI"1Q5W l_ Clark Wright
Jr. •elmnesaand cvmmerclal i
, • rmptayment N

W
,? ? . EnvironmQnw
. I19aitn ore
OPORATOR
. ?illlas - • Intellectual Prpperty
??
_ • Municipal and Puolk; OtlUtles co
• personal Ihiurt ••
CoNrIIPMOD: NOT CONPlEillED; sglenai
•

?- ? -? w,.?
?..
• aal EStatelco,istruC lstruc[inn
goal ...
i,
IF YOU DID NOT RECEIVE ALL OF THE PAGES, PLEASE CALL AS
SOON AS ;POOSIBLZ AND ASK FOR '.MM 53TELECOPIER OPERATOR."
Ye ? ,il• +k * Yr +It sF * ?r ? 1M Mr e• * * ar ? +IF ,k w w w i tiF * +k ?. i ? x it +t * w
• taxatipn
YtYk 9Y rk ? ti< ? * ? St * 9k * * yM 'k il? 1F 7k fk ?r ?k 1F fY ? ? dlr 'k dr i * 11r 1Y Yt
OTHER WARD AND SMITH, P .A. OFFICES:
Greenville Raleigh Wilmington
Telephone: [phone] [phone] (91 0) 392-5100
Teiecopier: [phone] [phone] [phone]
The information contained in this facsimile message is privileged and confidential information intended only far the use of the
Individual or entity names atove. If the reader of this i'nessage is not the intended recipient, anV dissemination, distribution or
copying of this communication is wrongful and may subject you to liability- If you have received this communication in error, please
Iminedla%IV notify us by telephone ttollei;0, and dosl.Toy the original message. Thank you, Ward and smith, P.A.

G`851129M., Phase deliver copiep of this transmission to both Dan Oakley and Jill
Hickey-
JUL- 1-97 TUE 15;56
WARD AND SMITH NEW BERN FAgt-t 1
``..1 ?., lq?? Ji,..t t r ;
a1..FMt pial f s. c 1) j;
. 97 JUL;-z - M 9:;3o
WARD AND SMITH, P .A.
ATTORNEYS AT LAW
120 WEST FIRE TDWER ROAD
PQ5T OFFICE 90X HOOK
GAR'KbIVILLE. N.C 47936-100810
TELEPHONE [phone]
FACSIMILE (9111) 768.39$0
UNIVERSITYRACI CORPORATE CENTSR
1" NE DRIVE
POCT OFFICE BOX 7060
WI(.MIN(3T0N N.C. 28400.7068
TELEPHOa [phone]
FACSIWL@ [phone]
VIA T,ELEQPIER
1001 OOLLCOE COURT
tom oFPtCE HOx 9e7
NEW 9=RN. N C 28563.096Y
TEt.EPHONp (819) 938-,000
FACSIMILE (61111030.2121
July 1, 1997
A. Preston Howard, Jr., P.G.
Director, Division of Water Quality
512 north Salisbury Street
Archdale Building
Raleigh, North Carolina 27602
RZ: 401 Certification - South Col.l.ege Associates
DWQ Project No. 970075
Our Vile 97-0387(A)
Dear Preston:
P. 02
SUITE 2400
TWO HANNOVER SQUARE
FAYETTEVILLE STREET MALL
POST OFFICE 607( 2001
RALEIGH, N.0 27802-2091
ta"I,HgNR [phone]
FACSIMILE (910) 8304507
I write with ooncern regarding a 401 Certification letter recently
issued by DWQ to our client., Mr. Bill Buchanan of South College
Associates. in a letter dated May 5, 1997, signed by John Dorney
on your behalf, a conditional. Section 401 Certification was issued
to our client. The purpose of this letter is to bring several of
the Qonditions contained in this letter to your attention and, in
light of the shortness of our client's remaining appeal time frame,
to request your immediate attention to, and reconsideration of, the
following issues.
First, the letter demands that our client place a deEd restriction
or conservation easement over all remaining vetl,and$ on the
property (area undefined). Preston, this appears to be an improper
and unauthorized attempt to take property without compensation and
bears no legal relationship to DWQ's valid concerns in addressing
potential impacts associated with the proposed activity. DWQ has
no business holding hostage undeveloped and unfilled wetland areas
on our client's private propezty as a precondition Lo the granting
of permission to fill the 2.37 acres of low value, nonriparian
wetlands already appro'v'ed under our client's Nationwide 26 Section
404 federal wetlands permit. Thies deed restriction/easement
condition shovld be deleted not only from our client' o letter, but
from aay and all 401 cextification letters issued by DWQ.
r-
'!V
7v*
?D
'rte
Second, the letter impose!; a 2:1 compensatory TnitLgatio;n ratio
based on the presence Qf a so-called "blue line s?.ream" ou our
. JUL- 1-97 TUE 15:67 WARD AND SMITH NEW BERN FAX NO. 91OB362121 P,03
WARD AND SMITH, P.A.
A. Preston Howard, Jr., P.S.
July 1, 1997
Page 2
client's property as depicted on the 7.5 minute USGYS topographic
map for the area. This so-called "blue line stream" is nothing
more than an old drainage canal. In essence, our client is being
asked to double his mitigation costs because the USG.: map does not
discriminate between a mazy.-made drainage canal with intermittent
water flow and, as a contrasting example, a clear flowing trout
stream, natural creek or even a major river.
While our client understands and accepts the basic concept of
wetlands mitigation, we do not understand a doubling of mitigation
requirements due to the failure of the USGS topo map to properly
label a man-made canal and application of a literalistic
interpretation of the wetland regulations. We aQX only that' DWQ
exercise site-specific judgment in this case aitd impose an 0 ;h.
appropriate mitigation ratio based on the realities o:" our client's `" [-?
property - property that previously was ditched =4 ,rained and is C
surrounded by existing development. Third, our client actually is being requested to mitigate at even
neater than a 2:1 ratio_ A.doubling of the 2,37 acr(!s of wetlands LLZ
fill required for this project yields a total of 4.74 acres of CX)
required mitigation, yet the 401 Certification letter asks for 5.00 c_-
acres of mitigation. Given the high per acre costs of mitigation,
the .25 acre difference hetween 4.74 and 5.00 alocae represents
several thousand dollars to our client.
Fourth, DWQ's letter i.mplii?s - wrongly - that the only mitigation
option open to our client is to make a cash payment to the State's
Wetlands Restoration Fund. As a former member of the wetlands
legielati.ve committee that reviewed this issue last yf,,ar, I greatly
am concerned that DWQ apparently is issuing 501 certification
letters that tail to inform permi.ttees of other mitigation options
available to them, including: (1) the preferred alternative of on-
mite mitigation; (2) off-site mitigation by the permittee; and (3)
mitigation payments to private mitigation banks located in the same
area or watershed. Ironically, given the infancy of the Wetlands
Restoration Fund (the State has yet to restore, enhance, preserve
or create a.nv wetlands using this fund), our client's payment of
money to the State's fund., as requested in DWQ's ler_ter, will do
little or nothing to improve the environment for many, many months,
if not years, to come.
Preston, despite the significant program-wide issues as identified
above, our client very much would like to resolve the narrower
issues for this project as quickly and simply as possible, In
furtherance of that goal, T have authority from our client to mare
the following compromise proposal. Our proposal is to accept all
of the terms of DWO's existing conditional 401 certification letter
with two changes: (1) deletion of the deed restriction /conservation
. 4 JUL- 1-97 TUE 15:57 WARD AND SMITH NEW BERN FAX NO, 9196362121 P.04
WARD AND SMITH, RA.
A_ Preston Howard, Jr., P.9.
July 1, 1997
Page 3
easement requixemezat; and (2) reduction of the requited mitigation
from 5,00 acres to 3,00 acres. If these relatively minor changes
are acceptable to OWo, I am in a position to immediately tender the
sum of $36,000,00 (3.00 acres of nonripaxian mitigation at the
regulatory rate of $12,000.00 per acre) by means of our trust
account check iri satisfaction of all mitigation requirements for
this project..
In light of the shortness of our client's remai ni.ng appeal time, it
is imperative that we attempt to address and resolve t;:hia matter in
the next 48 hours. Otherwise I will have no alternative but to
file, via fax, a petition for contested case hearing by the close
of busineas on Thursday, July 5, 1997 in order to preserve our
client's appeal rights. While it certainly is possible to resolve
this matter after the filing of such a petition, our client very
much would like to avoid that necessity if poasa.ble.
Thank you very much for your prompt attention to thi;? matter and I
look forward to working with you and your staff to reach a quick
and mutually satisfactory resolution. In that regard, I remain
Your
f
Clark Wrigh Jr.
ICw:icw
WSMAIN/225033
Enclosure
cc: Mr. Daniel C. Oakley
Me. Jill Hickey
Mr. John Dorney
K3. Linda Rimer
lD
C-
c?-
N
co
rw?
•4t?
Q0...
'JUL- 1-97 TUE 15:58 WARD AND SMITH NEW BERN FAX NO, 9196362121 P.05

gate of North C arQ11na
Dopariment of EnvlronrY)ent,
Hoolth and Wural Resources
Division of woter Quality
Jarnas B. Hunt, Jr., Govemor
Jonathon B. Howes, Secretary
A. P(sstorl H0WCtr0, Ir., P.R., Dlreotor

-APPAOVA.L of 401 WsLa r Quality Certification oind A,DMIlONAL CONDI'C'IONS
South Cotlrr6e ANSM11tes
010 Mr. Bill Btrrllitaaa
228 N. F,tc.'t StrOU
Sulto 309
W{lrt h*t4ti, NC 28401
Beat' Mr. lluGtsanAta;
??pw
yGU have our @Vpmvit1, to tco"dant:o With ilia attecliecl cc+nditiany 8M C1SM1) Jj 191P-w,,, to pl wz fill mawricl in
2.37 acres of wetlands or waters ft the p nsa Of coo.;tPi?iing asitlal drvale?r??artt at Still Meadow Village
Apts. et South College mad near l onkay JurW;on, as you doorlWd inyowr Applkatlon daRd 27 knUary 1997•
Altar oviawia8 your appltcattdn, wo have dwidcd that this Ot #e cover 4 by dwa d "WOM! Qiiality "4.rrt'sficadon
Nutttbet 3108. Tktis t ertifiovion allows you to use Ni+ wnwldo Porittlt 140tx bw 2+ wbcn it is hmi and by the Corps of
8ng{nacre.
'this a?Sproval lS Q?y valid for tits ptuptase and dastgri that yats doaarii>rsd [ri your applics,ti4n exorpt s_a rtindiilul
below. It you choqc ypr projeot, you man notary us and you DAY bF required to r;ui us o new Application- ff total
wetland Us for this gtojwt 000 or 111 t11,,, fature) exceed one acto. uuvvewawA y tuhigadoa t,say lx rc9*0 w `
described to 15A NCAC 29.0506 (b) (0) and (7). pot this sppmvat w be valid, you fmwt tallow tho oowitioiv
listed in the atiaalted aetdrxedoit o4 arty udilltktnalmndid= UwAbetow A c0 ocu,scrrotio,
eashtttent Sloll be added to all rernaltilkvtotltu • to t+ertt futm Itgiat-l osa-mq lit.? ggUr patina.
WOT
?c CXC E.. tlnttsil 1 ! ± f
w g ` nZtit s oe (¢1 .?, 17?1?.05 mX mos? [ of Mi: dto is frorn 01 tit 3 D

MEL
wit at ttr rrg?at" 1Ty
we an may r?ot occur. t3t.data o tails ?4r! lk1pS'ttS 3???ku this-- 1`?'.
e CRC""" ti ?tlx, _tl'?
Gd?y
, alrrttbnt. mar exautuios yt'urpos64, this CarliFicatian a a f11 of 2.3? acto3 pf noilt`t*?aria.°t wctiond 1sll,
a or
aubbas1n0306>7 and S.0 sties of r rotnticxt atR r nir rl. Its addition, you should 8a a,ny 01hor Moral, slate of local
peffli s Wore you go ahead with yow projrxt ; wludtna (but not limited to) Sedittsotlt and Lt toslon. Control, Coastal
stotmwatcr, Non-013'Pitergi? srtd Water SUPIlly Witvrshsd "$ulattortpr. This,egpitaVal will expire whoa the'
accomptulytng 404 or CAKA Patriot cxpirotc urii. athmnviZ sptecified in the Cenral Ccrtirteat{ot.
It you dq not accept any of the c?onditiosis o>E this cextificiltioiM you MAY M HOT an atljut*alo>!)+ boadog. You
m -
ustact wtuu t.qf llto data that yna eco?yt1t1a3aRVr. To r.sk for ¦ ltearlt+$, sarui it written patitictt wltioh
conforit'rs to Chaptor of tho North CaroC Jpjt ski. Stalutcs w tit? Offidf O Adtaainisteatlvo lloarut?r, P.U. Box
27447, Raloigh, N,C. 27611-7441. Ttft eordfIcation 4i4 its eorw'itlono ark ftal and bltiding le u ask for a
hc9rirt9•
'rails Iettrr_ completes L ho ?otut Aoittt<y at 9X? T13?3-X7?i. lder,?ewtiou dQl oY tha Ctman Water Act. IF
you have atty q iz It opts, a lc
?, t f3 w Fe,?,?t.>?e y s a„lu ej "-?? ?? ??°?tpra"'?tro?ril a rcccCvra and `
?r° tad e? atta?t lee sc ?e . rill 8
Sl 1
1% ow d, 7r, p
psttaCt3hn4nt
?; WiltMldg1w District. Corp, of fthteurs
Ca,Vs of i?nglnwets W ITGARton Plaid Of'flen
WiltWmWon DWgRogiatutl Office
b1r, Joan Dornoy
C-P,11tral Files
Charlle Kuiiis 910075.111C
01,Aulon of Water Cluniity • 5nv[rdnrnerttall Sciences Brash
o"vt`Ofq ° n or;uritfa @ativo Act an Employer f +? 50% racy 1e4dO OTo pose oo St mar pgpor FAX g 73? Ve59
An Eq„ai opP Y
---a WL*-A
Kay 7,1447
New HA114Jat Ctsttttty
)`?Wq FrnJect # 970073

970075
DEM ID: CORPS ACTION ID:
NATTONWIDE:PERMIT REQUESTED, (PROVIDE NATIONWIDE PERMIT #): Z G
1
PRE-CONSTRUCTION NOTIFICATION.APPLICATION
FOR NA'tI&MIDE PERMITS THAT REQUIRE:
1) NOTI ICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINXTION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CQAPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SAIT'TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
a
1. OWNERS NAME:
2. MAILING ADDRESS:
S0 cry7d C X c c ?G? ?dSS?-'?ig7 5 1Y?lP. ?ic.c ?vcNAn?RN
ZZ.

5_ T_ Sv 1779' 30':7
S7-/c,ff?? /Sr'J?rAOL...) ?ic.c. AI.S
SUBDIVISION NAME: /' pp9fzrm4Nr's
CITY: IN1LW1/N&TON STATE;., ??e• ZIP CODE: Z?yn
PROJECT LOCATION ADDRESS, INCLUDING-SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE) : kAA rsr sivg oF• Sovrg Coou.>=GS 2D. Nc- 132
3/4 rniLa NORTN OF Mot 1 L_Mcr/o1J (US '? Zl
3. TELEPHONE NUMBER (HOME) : R (WORK) : ?JID 'Z5 C ' DD 3
Z
4. IF APPLICABLE: AGENT'S NAME OR RE .PONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: f
AGENT: CHARLIE.-:HOLLIS
REGULATORY CONSbLTANT
138 GREEN FOREST DR.
WILMINGTON, NC 284691,„ 1
PHONE/FAX [phone]
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY,AA CQPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRA HY WITH SCALE): .I
COUNTY : NEW AAA! aVE/2 NEAREST TOWN^"OR CITY: y dl LYhI N byv/V
yJ
1
1. W 14
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.): S I D€ DG SourN (2yu sr-g- 2oWD ???' 3z?• ? ( nnnn ?
3? t M I Ls /lbt2-rN O P MoN K" c_viyGy tv? ?US 2J). AV.1004 S I nANA??`r N
? F
r?? i . 41 ?2
PLAcc oN -r4F- so vr4 4N D _ 4E-rLPs 4vRsee,y oN -'*E
6. IMPACTED OR NEAREST STREAM/RIVER: /IO7'TS C/?EL? }.
RIVER BASIN: ?d?PE R ;-
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TRO0,T, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURFE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES [ ] NO [x] IF YES, ELAIN:
r'
. C
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)?; YES [ ] NO
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND Ub'E PLAN (LUP) DESIGNATION?
L/Mrr-eFD 2gNsItlON
8a. HAVE ANY SECTION 404 PERMITS BEEN PREV•1''OUSLY REQUESTED EOR•USE ON
THIS PROPERTY?,'YES [ ] NO [ IF YES,, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
8b. ARE ADDITIONAL PERMIT
FUTURE? YES [ ] NO ["q
REQUESTS EXPECTED FOR THIS PROPERTY
IF YES, DESCRIBE ANTICIPATED WORK:
r
IN THE
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: lopl2ro x Z o Q c_
9b. ES-CB TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2

{ 10a. NUMBER OF ACRES- OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
f
,,II LING • 3 Ac- EXCAVATION :
? r
s _, r
FLOODING: OTHER:
DRAINAGE : TOTAL ACRES • TO BE IMPACTED Z + 3 7,4
10b. (1) STREAM CHA13,N,EL TO BE IMPACTED BY THE PROPOSED PROJECT (IF /?
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION)':
LENGTH BEFORE: FT AFTER: FT
WIDTH BEFORE (based on nor 6; high water contours): FT
WIDTH AFTER:
AVERAGE DEPTH BEFORE:
AFTER: FT
(2) STREAM CHANNEL IMPACTS- WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: / PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND? }
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK IALUIN G DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY):
S
13. PURPOSE OF PROPOSED WORK: 6AS-M yej- MULTI- miLjgi?p1z7ynex>.T-
5 O3Dw 151 OA
s
3

/?TUt21< t 'IJoZ.?e725, ?k?13?vfFT'?tZS , 'n2VGK5 ? G2W7»S>
li ,
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST Bt`gCARRIED 3,4
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND -k ,.?
IMPACTS) : <::3pN51p?ABL)M L?1='?Oi2T -A-9S ,BAN 'a?koav To /Qyp/D ? /n?iYlrr//ZE

) ST7/4G
RREAK

15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NoFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPEC S OR CRITICAL HABITAT
IN THE PER:QIT AREA THA MAY BE AFFECTED BY THE PROPD PROJECT. DATE
CONTACTED: ! 2? ?g7 r (ATTACH RESPONSES
FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH//MA?Y E AFFEkED BY THE PROPOSED
PROJECT. DATE CONTACTED:
17. DOES THE PROJECT INVOLVE AN EXPENDITURE';OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND? ,
YES [] NO X (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE EPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS 0_F'-Ti NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [ ] NO [ ] <
d.>k,
b. IF YES, HAS THE DOCUMEUTF,,& N REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ ] NO [ ]
IF ANSWER TO 17b IS YES, THEN SbBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TtLEPHONE [phone].
4

THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO''>WETLANDS:.
a. ,IWETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND POND?,6N THt PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON)THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR
INCH EQUALS 100 FEET OR THEIR EQUIVALENT..
b. IF AVAILAB`E, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.. ,
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO TH'EKPLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY`OF'THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE:;OF SURROUNDING PROPERTY?
/--7 /_ it ? / ?
I17a!7JT"4 t-

(17
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
(20 tw t
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE/'U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 4,p4.CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH'CAROLINA COASTAL MANAGEMENT
PROGRAM.
?/AGENT'S SIGNATURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
?? S.v z9, 19 9 7
DATE
1
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State of North Carolina
Department of Environment,
Health and Natural Resources
'T41
Ja mes B. Hunt, Jr., G ovemor
Jonathan Howes Secretary
Steven J. Le vitas? Deputy Secretary
Division of Water Quality
l Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
FAX TO: Gt-4 t? ( FAX NUMBER:
FROM:
PHONE.
NO. OF PAGES INCLUDING THIS SHEET:

6w-e *AA, Uol Y?

6 ?6

a ('; l ,

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
1?
link
ED FE F1
February 12, 1997
South College Association
c/o Mr. Bill Buchanan
228 N. Front Street
Suite 309
Wilmington, NC 28401
Dear Mr. Buchanan:
On 27 January 1997, you applied to the N.C. Division of Water Quality (DWQ) for a 401 Water
Quality Certification to impact 237 acres of wetlands or waters for your project to construct a residential
development (Still Meadow Village Apts.) located at South College Road near Monkey Junction in New
Hanover County. Your project has been forwarded to Mr. Jim Gregson [phone] of DWQ
Wilmington Regional Office for review. This review will likely require an on-site inspection prior to the
approval, modification or denial of your project site. If you have sent additional information to the U.S.
Army Corps of Engineers concerning this project, please be certain that our staff have copies of this
material so we can use it in our process in making a decision.
According to our preliminary, in-house review since you propose to disturb greater than one acre of
wetlands, it is likely that compensatory mitigation will be required by DWQ for this project as described in
15A NCAC 2H.0506 (h). Our Regional Office staff can make this decision during their site visit. If
adequate mitigation is required but not provided, this project will likely have to be denied. Also if a
mitigation plan is required, we will place this project on hold until its receipt in our Central Office.
Enclosed are materials describing compensatory mitigation requirements for this program. Please call me at
919-733-1786 to discuss these matters if necessary. Until a mitigation plan is provided, this application is
considered to be incomplete and our processing time will not start.
We recommend that you not impact any wetlands or waters on your project site until a 401 Water
Quality Certification has been issued from Raleigh, The issuance of a Corps of Engineers 404 Permit does
not mean that your project can proceed. According to the Clean Water Act, the 404 Permit is not valid
until a 401 Certification is also issued. If DWQ staff observe impacts which are not allowable, you will be
required to remove the fill and restore the site to its original condition. I can be reached at 919-733-1786 if
you have any questions about the 401 Certification process.
incerely,
4ate R. D orney
r Quality Certific n Program
cc: Wilmington DWQ Regional Office
Central Files -
Charlie Hollis
970075.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
Division of Water Quality
Ecological Assessment Group
March 24, 1997
To: John Dorney yy'?
From: Steven Kroeger Sr-
Subject: Use of Murphy Family Farms Compensatory Mitigation Bank
It is too early to use the Murphy Family Farms Compensatory Mitigation Bank as
compensatory mitigation for wetland impacts. The Murphy Family Farms Bank has not yet
been established formally. There are a variety of issues that need to be resolved before the
Bank will become established. Among these issues are the definition of a credit,
establishment of a service area, and appropriate financial assurances.
Therefore, at this time, it is inappropriate to use this Bank as compensatory
mitigation for the South College Associates in New Hanover Co. (DWQ # 970075).
r
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: KAc CAr 11 .P14 Date: C? -?- 44
Applicant/Owner: County: v). (tom 'A-)'IL
Investigator. State: ? t
Do Normal Circumstances exist on the site?. es Community. ID: Z?
Is the site significantly-dlsturbed (Atypical Situation)? s Transect ID:
Is the area a potential Problem Areal Yes o Plot ID:
(If needed, explain on reverse.) ... . .
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator

2. J?1) .) .l ^s "r(-I J) 10.

1, 12.
I a _F 13.
6. r`It1l ,'r 11?1^? -; r,(, --7--iC 14.
7.1) C1 t,IIIJ M 15.
S. CfL 16.

Percent of Dominant Species that are 'OBL, FACW or FAC
(excluding FAC-).
2._ ? t .
Remarks:
HYDROLOGY
_ Recorded Data (Describe in_Remarks):
_ Streacn, Lake, or Tide Gauge
_ Aerial Photographs
?_ Other
"o Recorded Data Available -Wetland Hydrology Indicators:
Primary Indicators:
Inundated
t >? Saturated in Upper 12 Inches
Water Marks
j Drift Lines
Sediment Deposits
Feld Observations: Drainage Patterns in Wetlands
Socon_- Indicators (2 or more required):
Depth of Surface Water: (in.) Oxidized Root Channels in Upper 12 Inches
Water-Stained Leaves
Depth to Free Water In Pit: Local Soil Survey Data

Depth to Saturated Soil: (in.) FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
SOILS
Map Unit Name
(S
d
i
???
'-•
es an
er
Phase):
_ Drainage Class:

Taxonomy (Subgroup): P 1 c/ Field Ob -a 'dons
-ero ?Q( 9 Conflrm Mapped Type, Yes No
Profile Description:
Depth MatrbeColor Mottle Colon Mottle Texture, Concretions,
inches Horizon (Muniell Moist) (Munsell Moist) Abundance/Contrast Struoture. etc.

?-1? ?_ ID 2??/-?,.•- - )tom
Hydric Soil Indicators:
_ Histosol _ Concretions
_ Histio Epipedon _ High Organic Content in Surface Layer in Sandy Soils
_ Sulfidio Odor Orgenio Streaking in Sandy Soils
_ Aquic Mo)ature•Regime _
Listed on Local Hydric Soils List
_ Redudng Conditions Listed on National Hydric Soils List
_ Gleyed or Low-Chrome Colors _ Other. (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
(Circle)
(Circle)
Is this Sampling Point Within a Wetland, Yes No

Hydrophydc Vegetation Present, Yes cue
Wetland Hydrology Present, Ye No
Hydric Soils Present, es No

Remarks:

DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: MCC' aft"( --T7-A(-7r Date: ?-
Applicant/Owner: County: m.
Investigator: State:
Do Normal Circumstances exist on the site?. es Community, ID:
Is the site significantly,:,-disturbed (Atypical Situation)? Transect 10:
'
Is the area a potential Problem Area? Yes No Plot
ID:
(If needed, explain-on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator

2.Ptf.); -tQA. S_ - t7A- 1o.
3. MA r-::71 -Y -T "AJ ll.
4. y?''rf k?1'',? 12.
vj 13.

7.';; 15.

Percent of Dominant Species that are OBL, FACW of FAC
(excluding FAC-).
Remarks: -
HYDROLOGY
_ Recorded Data (Describe'In_Remarks): Wetland Hydrology Indicators:
_ Streacn, Lake, or Tide Gauge Primary Indicators:
_ Aerial Photographs _ Inundated
_ Other w: -,Saturated in Upper 12 Inches
1/No Recorded Data Available _ Water Marks
Drift Lines
_
-Sediment Deposits
Feld Observations: _ Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water: (in.) Oxidized Root Channels in Upper 12 Inches
yWbter-Stained Leaves
Depth to Free Water in Pit: Local Soil Survey Data
_ FAC-Neutral Test
Depth to Saturated Soil:lin,) _ Other (Explain in Remarks)
Remarks: ?TS?G f. c"d ?? ``E.>;r'-U?jr?? ?;; LL { .. -?Y?1? ? '_
M
.
: .J'•...y
SOILS
Map Unit Name
(Series and Phase): Y1RUY`f I l,l,? -
Drainage Clasw A11p, p

Taxonomy (Subgroup): Feld Observations
Confirm Mapped Type? Yes No
Profile Description:
Depth Matrbecolor Mottle Colors Mottle Texture, Concretions,
finches Horizon (Munaeli Moist) (Munseil Moist) ;: Abundance/Contrast- . Structure. etc.
4- A
yn
00
ST24
'11-
GA
L
L.f
-
-)
E
!,>
Hydric Soil Indicators:
_ Histosol _ Concretions
_ Histio Epipedon _ High Organic Content in Surface Layer in Sandy Soils
_ Sulfidic Odor _ Organic Streaking in Sandy Soils
Aquio Moisture.Regime _ Usted on Local Hydric Soils List
_ Reducing Conditions Usted on National Hydric Soils List
_ Gleyed or Low-Chrome Colors _ Other. (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
i•.
Hydrophytic Vegetation Present?
Watland Hydrology Present?
Hydric Soils Present? Yea
No (Circle) (Circle)
No
No Is this Sampling Point Within a Wetland? Yas No

Remarks:
To Whom it May Concern:
Please be advised that CHARLIE HOLLIS is authorized to act as my
agent with regard to securing the necessary permits to affect areas of
state and/or Federal jurisdiction in waters or wetlands associated with
the project named below.
PROJECT NAME STILLME)gQ0WVIL.L14G9 QPrgerwiviT'5
LOCATION Sots-na enLL C-V Po, % MILL IY, ?1S ?2 ( AEW 14NOVSI)Z (fry
SIGNED ? DATE 1 Z9 97
?a
State of North Carolina
Department of Environment,
Health and Natural Resources •
Division of Water Quality A&4
_
James Hunt, Jr., Governor E H N F=I
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
March 17, 1997
South College Associates
c/o Mr. Bill Buchanan
228 No Front Street
Suite 309
Wilmington, NC 28401
Dear W. Buchanan:
WQC Project #970075
New Hanover County _
On 27 January 1997, you requested a 401 Water Quality Certification from the
Division of Water Quality for your project (Still Meadow Village Apts.) located near South
College Road in New Hanover County. We wrote to you on 12 February 1997 discussing
concerns that we have regarding wetland mitigation needed for this project and placing it on
hold until those concerns are addressed. As of today, we have not received a response to
our earlier letter. Unless we receive a written response from you by 20 March 1997, we
will consider that you have withdrawn this application and are not interested in pursuing the
project at this time.
Please call me at 919-733-1786 if you have any questions or would like to discuss this
matter.
Sincerely,
Jo. Domey
W er Quality Certifica ' n gram
cc: Wilmington DWQ Regional Office
Wilmington District Corps of Engineers
Central Files -
Charlie Hollis
970075.clr
Division of Water Quality - Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 - Telephone [phone] - FAX [phone]
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