20000414 Ver 1_COMPLETE FILE_20000329

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
i • •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 1, 2000
New Hanover County
DWQ Project # 000414
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
River Oaks of Cape Fear, LLC
200 E. Arlington Blvd
Greenville, NC 27859
Dear Sirs
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 1.7acres of ditches for
the purpose of restoring hydrology of wetlands at River Oaks Subdivision in New Hanover County as described in your application dated Marc
h 27, 2000. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3109.
This certification allows you to use Nationwide Permit Number 27 when the Corps of Engineers issues it. 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 Water shed 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 the property is sold, the new owner must be given a
copy of this Certification and approval letter and is thereby responsible for complying with all conditions. 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.
1. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and streams to notify the state in order
to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this
letter or the issuance of the 404 Permit (whichever is later).
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of
the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. 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 919-733-9646.
in
err . ISV s
Attachment
cc: Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
File copy
Central Files
Shannon Stewart
James Fentress; Stroud Engineering
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center Raleigh NC 27669-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer •
50% recycled/10% post consumer paper
STROUD ENGINEERING, P.A.
CONSULTING ENGINEERS
3961-A MARKET STREET
WILMINGTON, NC 28403
[phone]
March 27, 20001 -`..
NCDENRNDS U SECSioN _
Attn. Mr. John Dorney?tp,TER UAIIS„?,...•--
1621 Mail Service Center
Raleigh, NC 27699-1621
Re: 401 Permit Application for Two Properties Owned by Sloop Pointe, LLC and River Oaks
Dear Mr. Dorney,
Pursuant your March 13, 2000 letter, I am resubmitting the aforementioned applications with the
requested submittal fee of $475.00 for the three subject properties. I would like to reiterate that the purpose
of three applications is to backfill the ditcbrs in hopes of terminating the regulatory scrutiny. Here again, the
desire is to restore the properties to their former condition.
Please call me upon review of these applications such that we can discuss what actions will need to
be performed before we can proceed with the work.
You
,
7esJ H. Fentress, , Jr. PE
JHF/rk
file:F:/master/pw 105/wpd/WETPMT2.WDP

000414
107 COMMERCE ST. HESTRON PLAZA TWO
SUITE B 3961-A MARKET ST. 151-A HWY. 24
GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557
[phone] [phone] [phone]
MEMORANDUM
TO: John Dorney Regional Contact: J. Steenhuis
Non-Discharge Branch WO Supervisor: Rork Shover
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name River Oaks of Cape Fear, LLC
Project Number 00 0414
Recvd From APP
Received Date 3/29/00
Recvd By Region
Project Type Ditch Filling
County New Hanover
County2
Region Wilmington
Certificates Stream Stream Impacts (ft.)
'-
r
Permit Wetland Wetland Wetland Stream Class Acres Feet
1 :44,
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
27 ? O Y ON F 18-84 F sw 30,617. 1.70 F
Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? Q Y O N Did you request more info?Q Y O N
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? Q Y 0 N
Recommendation: pQ Issue O Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This o imp annroves this ILJ ct with the ditch fill as shown on the plan date 3/24/00. The ap licp ant
needs to comply W10th _r state and federal rules and regs.
Regional Office
Central Office Page Number 1
Facility Name River Oaks of Cape Fear, LLC County New Hanover
Project Number 00 0414 Regional Contact: J. Steenhuis
Date: 4/24/2000
Comments (continued from page 1):
cc: Regional Office
Central Office Page Number 2
1
A

THIS PACKET OF INFORMA r7.
7`J
PROVIDED TO ASSIST"Y
IN COMPLETING THEc
PRE-?--
CONSTRUCTION NOTIFICATION
(PClV) FORM THAT IS REQUIRED
BY THE U.S. ARMY CORPS OF
.ENGINEERS AND THE NORTH
CAROLINA DIVISION OF
ENVIRONMENTAL MANAGEMENT
WHEN APPLYING FOR CERTAIN
NATIONWIDE PERMITS
PAYMENT
RECEIVED

000414
DEM ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #):
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF, ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLE'T'ED FORM TO THE APPROPRIATE FIELD OFFICE
OF THE CORPS 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: River Oaks of Cape Fear, LLC
2. MAILING ADDRESS: 200 E. ARLINGTON BLVD.
SUBDIVISION NAME: N/A
CITY:.. GREENVILLE STATE: NC' ZIP CODE: 27858
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE) : River Oaks Subdivision in New Hanover County
.off River Road approximately 1.5 miles north of Snow's Cut
3. TELEPHONE NUMBER (HOME): (WORK): [phone]
?. IF APPLICABLE: ..AGENT.'S.NAME OR....RESPONS IBLE COP.PORATE..OFFICIAL,.
-:.;=ADDRESS; ..PHONE-: *.NUMBERc.. STROUD• ENGINEERING P. A-.:. CONTACT: JAMES H. FENTRESS JR.
3961 - A -MARKET ST WTTMTNGTON, NC ?8405
5 : -LOCATION OF -WORK--- (PROVIDE A MAP; -PREFERFI3LY 'A° COPY or USGS- TOPOGRAPHIC MAP--OR
AERIAL PHOTOGRAPHY WITH SCALE)
COUNTY: New Hanover NEAREST TOWN OR CITY:
_ Wilmington
- - SPECIFIC:LOCATION -•(INCLUDE •ROAD • NUMBERS- LANDMARKS, ETC.)
AS PER J2 .-River Road is„NCSR 1100 entrance Road to River Oaks NCSR 2317
6. IMPACTED OR NEAREST STREAM/RIVER: Lord's Creek
RIVER BASIN: CAPE FEAR
I
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY
(WS-I OR WS-II) ? YES [I NO (XI IF YES, EXPLAIN:
7b. IF THE PROJECT IS LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
ARE OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO ( X)
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL
COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION: YES, RURAL
Da. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY?
YES [ ] NO ( X] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY
ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
Db. ARE ADDITIONAL PERMIT REQ UESTS EXPECTED. FOR THIS PROPERTY IN THE FUTURE?
YES ( X] NO ( ] IF YES, DESCRIBE ANTICIPATED WORI<: '

9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
9B. ESTIMATED TOTAL NUMBER OF.ACRES OF WETLANDS LOCATED ON PROJECT SITE
10A. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: _ 1.7 acres EXCAVATION:
FLOODING: OTHER:
108 Acres
DRAINAGE: TOTAL ACRES TO BE IMPACTED:
10B.. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE
i
DISTANCE BOTH BEFORE AND AFTER RELOCATION):
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 TI4AT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL ELEVATION: 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 INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT
TO BE USED (ATTACH PLANS: 8%" x 11" DRAWINGS ONLY): FILL IN EXISTING DRAINAGE
DITCHES IMPACTING WETLANDS.
__.....13.: - .PURPOSE OF PROFOSI D? WORIC. :R'EMEDTA7.I.GN"OF'ERO'SIQN

A

14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
AS PER INSTRUCTION BY DWQ IN WILMINGTON.
15. 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: 3/21/00
16. 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 PREPARATION OF AN ENVIRONMENTAL DOCUMENT
PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT?
YES ( ] NO ( ]
_.,._?__......_ ............. _ __....._...._. ............._......_................ .............:....-.......... .._.......... ._..._?._._ --._...._......... __..._...................... ............ ...•_................ _.
,IF..• YES,.,.HAS;;:THE DOCUMENT.; B. EEN..,.REVTEWED • THROUGH,:THE•„NORTH•._CAROLINA.._DF,PARTMENT
OF ADMINISTRATION STATE CLEARINGHOUSE? YES ( ] NO ( ]
°; IF...ANSWER °TO 17b,. IS.-.YES ; THEN • SUBMIT:: APPROPRIATE DOCUMENTATION FROM _.THE SPATE
CL;EARINGHOUSL TO'DIVISION OF ENVIRONMENTAL N'lANAGEMENT'REGARDING"COMPL,IANCE 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, 11G WEST JONES STREET,•RALEICH, NORTH CAROLINA 27603-8003, TELEPHONE
[phone].
17. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF 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, 2G, 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 1 INCH EQUALS 100 FEET OR THEIR
EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGR_kPH OF WETLANDS TO BE IMPACTED BY PROJECT.
I
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT
TO THE PLACEMENT OF THE DELINEATION:1NE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?* RURAL RESIDENTIAL
AND PLANNED UNIT DEVELOPMENT.
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A
g. SIGNED AND DATED BY AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, AND
................... _......... ..... _. _........._..............
2•).,ETTHER, TIiI'.?ISS.UI ICE_OR?WAIVSR OE_.A 4;01 DT_VISION OF. ETIVIRONMENTAL._MANAGEMENT
(WATER QUALITY) CERTIFICATION.
Y
ENDANGERED SPECIES:
AGENCY ADDRESSES
U.S. FISH AND WILDLIFE SERVICE NATIONAL MARINE FISI(ERIES SERVICE
RALEIGH FIELD OFFICE HABITAT CONSERVATION. DIVISION
P.O. BOX 33726 PIVERS ISLAND
RALEIGH, NC 27636-3726 BEAUFORT, NC .28516
TELEPHONE [phone] TELEPHONE (2S2) 728=5090
HISTORIC RESOURCES:
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 EAST JONES STREET
RALEIGH, NC 27601
TELEPHONE [phone]
STATE REGULATORY AGENCIES:
MR. JOIN DORNEY
DIVISION OF ENVIRONMENTAL MANAGEMENT
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
1621 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1621
TELEPHONE [phone]
,.-.--CORPS.- -OF ENGINEERS rlf-:rD..OFFICCS:
U.S. FISH AND WILDLIFESERVICE
ASHEVILLE FIELD OFFICE
160 ZILLICOA STREET
ASHEVILLE, NC 28801
TELEPHONE [phone]
MR. STEVE DENTON
DIVISION OF: COASTAL MANAGEMENT
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
1638 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1621
TELEPHONE [phone]
FAX [phone]
RALEIGH REGULATORY FIELD OFFICE ASHEVILLE.REGULATORY FIELD OFFICE
US ARMY CORPS OF ENGINEERS US ARMY CORPS OF ENGINEERS
6512 FALLS OF THE. NEUSE ROAD, SUITE 105 151 PATTON AVENUE, ROOM 143
`'RALEIGH, NC 27615 "ASHEVILLE;NC 28801-5000 '
-••--•TELEPHONE•(919)"876-8441 ._..TELEPHONE••[phone]
WASHINGTON REGULATORY FIELD OFFICE WILMINGTON.REGULATORY FIELD OFFICE
--US';ARhfY CORPS OF ENGINEERS:;- US ARMY CORPS OF ENGINEERS -• -•
POST OFFICE BOX 1000 POST OFFICE BOX 1890
_._...WASHINGTON,.NC 27889-1000. WILMINGTON_ NC. 28402-189,0,.
..........__..._... ._. _...._......_... ...__......__............. _...::'::...:'.::'_
.._?..TELEPFSONE..[phone] .. ......_------- ..__.....__...TELE?HONE:.[phone]---
l
COASTAL COUNTIES IN NORTH?CAROLINA:
BEAUFORT BERTIE BRUNSWICK CAMDEN CARTERET
CHOWAN CRAVEN CURRITUCK DARE GATES
HERTFORD HYDE NEW HANOVER ONSLOW- PAMLICO
PASQUOTANK PENDER PERQUIKXNS TYRRELL'rIASHINGTON
TROUT COUNTIES IN NORTH CAROLINA:
ALLEGHANY ASHE AVERY BUNCOMBE
BURKE CALDWELL CHEROKEE CLAY
GRAHAM HAYW000 HENDERSON JACKSON
MACON MADISON McDOWELL MITCHELL
POLK RUTHERFORD STOKES SURRY
SWAIN TRANSYLVANIA WATAUGA WILKES
YANCEY
NORTH CAROLINA COUNTIES LISTED BY APPROPRIATE U.S. ARI•fY CORPS OF ENGINEERS FIELD OFFICES:

RALEIGH REGUL ATORY FIELD OFFICE ASHEVILLE REG ULATORY FIELD OFFICE
ALAMANCE LEE ALEXANDER LINCOLN
ALLEGHANY NASH AVERY MACON
ASHE NORTHAMPTON BUNCOMBE 'tADISON
CASWELL ORANGE BURKE ilCDOWELL
CHATHAM PERSON CABARRUS ME'CKLENBURG
DAVIDSON RANDOLPH CALDWELL MITCHELL
DAVIE ROCKINGHAM CATAWBA POLK
DUR[AM STOKES CHEROKEE ROWAN
EDGECOMBE SURRY CLAY RUTHERFORD
FRANKLIN VANCE CLEVELAND STANLEY
FORSYTH WAKE GASTON SWAIN
GRANVILLE WARREN GRAHAM TRANSYLVANIA
GUILFORD WILKES HAYTdOOD UNION
HALIFAX WILSON HENDERSON 'rNATAUGA
JOHNSTON YADKIN IREDELL YANCEY
JACKSON'
WASHINGTON REGULATORY FIELD OFFICE WILMINGTON REGULATORY FIELD OFFICE
BEAUFORT PAMLICO. ANSON ROB-SON
BERTIE PASQUOTANK DEADEN SAMPSON

CARTERET' PITT CARTERET
CHOWAN TYRRELL COLUMBUS
..CRAVEN WASHINGTON CUMBERLAND
..._.:_... URRSTUCK ... ... . ._.WAYNE-.__......_ ........... .. ....
_.
...... DUPLSN................
.:.....,......._ ......... ..... ... _.. _........._
...

DARE
HARNETT .
. _...
GATES . .... _ HOKE .. . ..... ... .. ... .
GREEN (CROATAN' MONTGOMERY
HERTFORD NATIONAL FOREST MOORE
HYDE ONLY) NEW HANOVER
JONES ONSLOW
LENOIR PENDER
MARTIN RICHMOND