SW8050309_Historical File_20230609

Johnson, Kelly
From: Johnson, Kelly
Sent: Friday,June 9,2023 10:42 AM
To: Brigit Flora; Beecher, Gary H CIV USARMY CESAW(USA); C W;
[e-mail]
Subject: RE: [External] RE: [URL Verdict: Neutral][Non-DoD Source] Information needed
Ms.Wheeler,
I empathize with your situation and wish I could be more help. Unfortunately, it is a common misconception that this
post-construction state stormwater program is responsible for handling drainage or flooding. The purpose of this
program is to protect the quality of the receiving waters. Since Juniper Creek(permit number SW8 050309) is permitted
as a low density subdivision,this protection is provided by ensuring that the built-upon area (BUA) limitations are
followed,and that the vegetated conveyances are not piped (except to cross under BUA). Low Density permits,
however,do not guarantee nor require drainage.Additional information regarding flooding or drainage issues can be
found on the following website: NC DEQ: Flooding Guidance. If there are flood protections in your area it would be
handled at the local level.
Kelly
K.GI.Ll Jokv•sov
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
[e-mail]**New Email Address**
From: Brigit Flora<[e-mail]>
Sent:Thursday,June 8,2023 3:49 PM
To: Beecher,Gary H CIV USARMY CESAW(USA)<[e-mail]>; C W
<[e-mail]>
Cc:Johnson, Kelly<[e-mail]>
Subject: [External] RE: [URL Verdict: Neutral][Non-DoD Source] Information needed
CAUTION:External ernail.Do not links or open attaci�ments unless verified.Report'suspicious emails with the Report Message
button located of your Outlook menu bar on the Home tab.
Ms. Wheeler—Your property is in Leland's jurisdiction. They have their own stormwater program. You can contact
Robert Miller with the Public Services Division at Town of Leland at 910-332-4299.
Sincerely,
Brigit Flora,I'E,C1M
1

Deputy Engineering Services Director
Brunswick County
75 Courthouse Drive,Bldg I
PO Box 249
Bolivia,NC 28497
910-253-2405
[e-mail]
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Beecher,Gary H CIV USARMY CESAW(USA)<[e-mail]>
Sent:Thursday,June 8,2023 1:06 PM
To:C W<[e-mail]>
Cc: Brigit Flora<Brigit.Flora@ brunswickcountync.gov>;Johnson, Kelly<[e-mail]>
Subject: RE: [URL Verdict: Neutral][Non-DoD Source] Information needed
CAUTION:This email originated from outside or Brunswick County Cloven-2mA.Do not click links or open attachments unless you
recognize the sender and know the contcrt p_,safe.
Ms.Wheeler,
I'm sorry to hear that you're having these problems. Brunswick County is a very low county with lots of wetlands in it.
There are many areas that remain saturated from the recent rain events that we've had. Many of the wetlands either
drain down into the soil or drain into creeks and watersheds, if these are all saturated and full,then the water has no
where to go. I think some of the creeks still have debris in them from the last couple hurricanes and tropical systems
that we've had. I know the last couple years Brunswick County has been working hard to clear debris out of these creeks
and streams.
Unfortunately due to work load, its almost impossible for me,the Corps,state or county to track down which wetland
lots have sod in them. Each lot should have a set of deed restrictions and covenants that notify the owner that they
cannot add fill or impact the wetlands on their property. We rely on the subdivision HOA's to monitor and control the
wetlands in established subdivisions.
If you're having flooding problems I would reach out to Brunswick County. I've copied Ms. Brigit Flora on this email. She
works in the Brunswick County Stormwater section,she can direct you to an individual or agency within Brunswick
County that might be able to assist you.
I would also reach out to Ms. Kelly Johnson with NCDEQ. I believe she still works in the State Stormwater Section.
The Corps Regulatory Section doesn't regulate stormwater or flood control.We only regulate the filling of wetlands and
work that takes place in Waters of the U.S.
Respectfully,
Gary
I I
ISeII
US
2

Gary Beecher
USACE Wilmington Field Office
Regulatory Project Manager
Office [phone]
Cell [phone]
ga:[e-mail]
From: C W<[e-mail]>
Sent:Thursday,June 8,2023 9:48 AM
To: Beecher,Gary H CIV USARMY CESAW(USA)<[e-mail]>
Subject: FURL Verdict: Neutral][Non-DoD Source] Information needed
Hello Mr Beecher,
I emailed and called you last week but haven't heard back from you. I would very much appreciate it would you be so
kind and reply to me at your earliest convenience.
Thank you,
Colleen Wheeler
347-277-7623
On Fri,Jun 2,2023, 1:15 PM C W<[e-mail]>wrote:
Dear Mr Beecher,
We spoke last July, a week before I closed on my house. The HOA had me contact you to ask if I needed Army Corps
approval to install my fence on 404 wetland. Which you told me I did not.
You said if I ever needed help with something else to contact you.
I need your help! It's a long story but my property is the only property in my community with no drainage
solution. DRHortons excuse is because the back of my property is deemed 404 wetland.
To my knowledge i remember your telling me that 404 wetland does not cause flooding but the ground just stays moist
a little longer after it rains. I am having flooding issues because there is no place for the rain water to drain out. It
comes from the downspouts from my house and neighbors house and runs straight to the back of my fence and into
my yard!A trench needs to be dug and turned left and extend to the water drop off.Which is to the opposite side of
my property.
The builder is avoiding installing a ditch to guide the waterflow in the opposite direction of my yard in the direction of
the down drop.
They are blaming the wetland for the flooding! The Hoa sent a contractor to dig a ditch but they stopped mid way and
because of that the flooding is now worse. The ditch fills up and because my neighbors land is elevated the water
backs up onto my property.
I need your help and am wondering if you can come by and take a look at my wetland and then write a letter for me to
send to Drhorton educating them on 404 wetlands and explain that the flooding I am experiencing is not from the
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wetland but from the rain water having nowhere to go,thus the ditch needs to be extended to the drop off to deter
flooding.
How did they approve land with no drainage solution and blame the wetland and use it as an excuse to exclude a
drainage ditch?Out of 80 houses I am the only one without ditch!!! And the only home with flooding issues! How did
the city deem my property wetland? It should be listed 404 wetland, right? How could the HOA, Landeveloper,and
Drhorton blame the wetland for my flooding issues when they never dug a ditch for the water to flow out?
They have sodded over wetlands all throughout this community as well!
This was to be my life investment, my forever home. I worked all my life to have this beautiful house and am retired
living on a fixed income. I am a single woman on my own.
But now I am so disgusted, Noone will help me,so I just want to sell my house and get out but dont want to loss my
investment... I need to fix this issue first at their expense not mine. This has been a source of fear and stress during
the last 8 months. I feel helpless,taken advantage of,and duped by all of them!
I am at a loss and your are my last hope for help. See attached photos.
See photos in the link: https://photos.app.goo.g1/65T9TfmE2uig1Kug8
I look forward hearing back from you,
Colleen Wheeler
1314 Hidden Creek Drive
Leland, NC 28451
347-277-7623
On Thu,Jul 21, 2022,3:37 PM Beecher,Gary H CIV USARMY CESAW(USA) <[e-mail]>wrote:
Ms. Wheeler,
The fence will not require a permit from the Corps
The sod however,is considered a wetland fill due to the layer of soil that is attached to the bottom of the grass.
You cannot lay sod in a Jurisdictional wetland.
The developer should not have placed sod in the wetland.
Instead you can try to get grass seed to grow in the wetland.
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Respectfully,
Gary
Gary Beecher
USACE Wilmington Field Office
Regulatory Project Manager
Office [phone]
Cell [phone]
[e-mail]
From:C W<[e-mail]>
Sent:Thursday,July 21,2022 3:11 PM
To: Beecher,Gary H CIV USARMY CESAW(USA)<[e-mail]>
Subject: [Non-DoD Source]
Thank you very much. I do appreciate your help. The HOA wanted to be certain I did or did not need your
approval. Tomorrow is my closing the backyard landscaping will be fully my responsibility. Can you tell me what kind
of sod works well on 404 wetland? See attached picture of backyard. Beyond the black fence is the real wet land.The
rest of the yard is sodded but the drhorton landscapers put in the wrong sodding for the on the wetland side.
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