20020018 Ver 1_COMPLETE FILE_20020102

Individual Permit QA/QC data collection sheet
-6 Ha L,-7CJ Ve"I
Protect Name OJ'P- A4je -) ?rolect # g County
1. Original Application (format for data: month/day/year)
Date of Public Notice 11 -7 /a'a.
Date Put on Hold (if any)
Date Info Received (if any) a /o
Date Put on Hold again (if any) a. I S' d 'a 9d)
Date Info Received again (if any) V /aa
Date Put on Hold again (if any)
Date Info Received again (if any) 3 / a 3.2d-1, ?? a 116,
Date 401 Issued -?
II. First Modification
Date modification request received
Date Put on Hold (if any)
Date Info Received (if any)
Date Put on Hold again (if any)
Date Info Received again (if any)
Date Put on Hold again (if any)
Date Info Received again (if any)
Date modified 401 Issued
III.. Second Modification
Date modification request received
Date Put on Hold (if any)
Date Info Received (if any)
Date Put on Hold again (if any)
Date Info Received again (if any)
Date Put on Hold again (if any)
Date Info Received again (if any)
Date modified 401 Issued
IV. Third Modification
Date modification request received
Date Put on Hold (if any)
Date Info Received (if any)
Date Put on Hold again (if any)
Date Info Received again (if any)
Date Put on Hold again (if any)
Date Info Received again (if any)
Date modified 401 Issued
V. Fourth Modification
Date modification request received
Date Put on Hold (if any)
Date Info Received (if any)
Date Put on Hold again (if any)
Date Info Received again (if any)
Date Put on Hold again (if any)
Date Info Received again (if any)
Date modified 401 Issued
?o?OF vv ~ 1 cRQG
>
o ?
June 3, 2002
Mr. Bob Anderson
Still Meadow Village Limited Partnership
4632 Still Meadow Village Drive
Wilmington, North Carolina, 28412
Dear Mr. Anderson:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Re: Still Meadow Village Phase II, New Hanover County, North Carolina
DWQ Project No. 02-0018; DOA Action ID No. 200200250
Attached hereto is a copy of Certification No. 3384 issued to Mr. Bob Anderson, dated June 3, 2002.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
J,
an . Klimek, P.E.
Attachments
020018
cc: U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
DWQ, Wilmington Regional Office - Joanne Steenhuis
File Copy
Central Files
CAMA Raleigh - Doug Huggett
David Scibetta, Mitchell and Associates, 3973-B Market Street, Wilmington, NC, 28403
06MR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217
of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H,
Section .0500 to the Mr. Bob Anderson, resulting in the discharge of fill into 0.81 acre of jurisdictional wetlands in the
headwaters of Mott Creek associated with the construction of multifamily units in Phase 11 of the Still Meadow Subdivision
in Wilmington, New Hanover County, North Carolina, pursuant to an application filed on 3rd day of January of 2002.
The application provides adequate assurance that the proposed wort` will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate
the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the
application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application and as described in the
Public Notice. If you change your project, you must notify us and send us a new application for anew certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. Should wetland or stream fill be requested in the future, additional 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 below. In addition, you should get any otherfederal, state or local permits before you go ahead with your
project including (but not limited to) Solid Waste, Sediment and Erosion control, Coastal Stormwater, Non-discharge and
Water Supply Watershed regulations.
Conditions of Certification:
1. Appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent
version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina
Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources (DLR) in
the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to assure
compliance with the appropriate turbidity water quality standard;
2. We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for
the impacts to wetlands. In accordance with 15A NCAC 211 .0402 and 15A NCAC 2B .0242(7), this contribution
will satisfy our compensatory mitigation requirements under 15ANCAC 2H .0506(h) and 15A NCAC 2B .0233(10).
Until the Wetland Restoration Program receives and clears your check (made payable to: DENR - Wetlands
Restoration Program), wetland impacts (including fill) shall not occur. Mr. Ron Ferrell should be contacted at
[phone] if you have any 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 0.81 acre of non-riparian wetlands in the Cape Fear River Basin, Cataloging Unit 03030005, and 1.62 acre
of wetland mitigation is required. Please be aware that the Wetland Restoration Program (W RP) rules require
rounding of wetland impacts to the nearest quarter acre (15A NCAC 2R .0503(b));"
3. That the activity be conducted in such manner as to prevent significant increase in turbidity outside the area of
construction or construction related discharge (50 NTU's in streams and rivers not designated as trout waters by
DWQ; 25 NTU's in all saltwater classes, and all lakes and reservoirs; 10 NTU's in trout waters);
4. All sediment and erosion control measures placed in wetland$_and waters shall be removed and the original grade
restored within two months after the Division of Land Resources.has released the project;
5. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until
the concrete has hardened;
6. Stormwater from the apartment buildings and associated parking areas shall be managed so as not to directly
discharge into surface Waters. Stormwater may be discharged into remaining wetlands on the site as long as
discharge is directed to diffuse flow at non-erosive velocities;
7: An additional condition is that a final, written stormwater management plan shall be approved in writing by this
Office before the impacts specified in this Certification occur. The stormwater management plan must include
plans and specifications for stormwater management facilities designed to remove 85% TSS according to the most
recent version of the NC DENR Stormwater Best Management Practices Manual. Also, before any permanent
building is occupied at the subject site, the facilities, as approved by this Office, shall be constructed and
operational, and the stormwater management plan, as approved by this Office, shall be implemented. The
structural stormwater practices and well as drainage patterns must be maintained in perpetuity. No changes to the
structural stormwater practices shall be made without written authorization from the Division of Water Quality. A
state stormwater permit will suffice to meet this condition;
8. Waste or borrow sites shall not be located in streams or wetlands,
9. All temporary fill shall be removed to the original grade after construction is complete and the site shall be
stabilized to prevent erosion;
10. The enclosed "Certification of Completion Form" is to be used to notify DWQ when all work included in the 401
Certification has been completed.
Violations of any condition herein set forth shall result in revocation of this Certification and may result in criminal
and/or civil penalties. This Certification shall expire on expiration of the404 Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within
sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to
Chapter 150B of the North Carolina General Statutes and filed with, the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification.
Unless such demands are made, this Certification shall be final and binding.
This the 3rd day of June 2002
DIVISION OF WATER QUALITY
WQC 4 3384
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Mr. Bob Anderson of Still Meadow Village Limited Partnership has
permision as outlined below to fill 0.81 acre of wetlands in order to construct the Still Meadow Village Phase II subdivision
in New Hanover County, North Carolina. All activities associated with these authorized impacts must be conducted with
the conditions listed in the attached certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT
WETLAND RESTORATION PROGRAM
LOCATION:
COUNTY:
BASIN/SUBBASIN
Impacts:
0.81 acre of non-riparian wetlands
Still Meadow Village Phase II
Cape Fear
Yadkin (03-03-00-05)
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 as outlined below prior to
conducting any activities that impact or degrade the waters of the state.
Mitigation:
1.62 acre of non-riparian wetlands
Note: Linear foot requirements proposed to be mitigated through the Wetland Restoration Program must be rounded
to the nearest foot and acreage requirements must be rounded to one-quarter acre increments according to 15 2r
.0503(b).
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 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.
Date
Signature
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
""? - - - - __ -NO .906 N .1
• M;?Y.31.2OO2 4:38PM NCDENR WIRO -F
TOOSMITH DORNEY ENV SCI State ofl\jo Carolina
Depa ent of lrnvironment and Natural Resources
Wilmington Regional office
Michael F. Easley, Governor
William G. Ross jr., Secretary
FAX
Date: "r1 ti
To:
CO:
FAX #:
REMARKS:
r
COVER SHEET
No. Of Pages:
From ? r
CO: - rrj
FAX;: W- 50-d4
of
127
CArdinpl brive ExFebslon, ?Vllmie0ton, N.C.28403 35 5 r lc
An >;Qunl O o e he (9J0 39
.3900 VAx (910)350 00.1
pP rtgniry AlTrmxtive Action Efi 0yer $
4IRY.31.2882 4:38PM NCDENR WIRO fVtJ. yl?b r. c
State of North Carolina
Department of Environment,
Health and Natural Resoureek
Division of Water Quality ,
James B. Hunt, Jr., Gover or 2 719.97
Wayne McDevitt, Secretarry,
A. Preston Howard, Jr., P.E.,rrQ,.^
EHNR
October 10, 1997
New Hanover County
DWQ Project # 970075
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDMONS, wRP
I& William Buchanan
Buchanan Properties
228 North Front Street, Suite 309
Wilmington, NC 28401-3978
Dear Mr. Buchanan:
You have our approval, in accordow 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
decidcd that this fill is covered by General Water Quality Certification Number 3109 This certification allows
you W use Nationwide Permit Number 26 when it is issued by the Corp of Fjgo eers. In addition, you
should get any other federal, state or local permits before you go ahead with your?oolect imhtding (but not
limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and V4rater Supply watershed
regulations. This approval will expira when the accompanying 404 or CAMA permit expires unless otherwise
specified in the General Certification.
This appmval is only valid for the purpose and design that you described in your application except as
modified below. If you chin &. our project, you must notify us and 01, may be required to send us a new
application. If total wetland 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 /bray 7, 1997.
Stor mwater (preferably that from paddag lots and lawns) shall be directed to sheet flow into the
remaining wetlands on-site at several loaaaons at non-erosivo velocities. Tho volume of runoff to be directed
into the wetland will be the volume equivalent to the pis-construction flow rate from a one inch (11) storm
event. All overflows from the wotland in excess of the design storm will be directed to rho detention pond. A
deed restriction, conservation easement or similar mechanism shall be added to all remaining wetlands ou site
to restrict future fill since this area is part of the stormwatea management system. 1 A Real Stormwater plan
shall be sent to DWQ - Wilmington Regional Office. All existing ditches on the site which connect to tho .
existing °blue lino" canal shall be filled when construction is completed..
We understand that you have chosen to cone bum to ft Wetland Restoration Frogoun in order to
partially compensate for these impacts to wetlands and/or streams. In accordance with 15A NCAC 2R .4500,
this contribution will satisfy our eompensat oty mitigation requirements under 1SA NCAC 2H .0506(h).
According to 1SA NCAC 213 .I06(h). 2.37 acres of restoration will be required. Until the Wetland
Restoration Program receives and clears your check (made payable to: DM M - wetland Restoration
Program), wetland fill shall not occur. Mr. Ron Ferrell should W contacted at 919-733-5083 ext. 358 if you
have any questions concerning the Wetland Restoration Program. You have one month from the date of this
Certification to make this payment. For accounting uses, this Certification authorizes the fM of 237
acres of Iron-riparian wetlands to 030617 river and subbasin and 3.69 acres of non-riparian restoration
are required. Please be aware that the Wetland Restoration proum (WRP) rules require rounding of
acreage amounts to one-quarter we inerements(15A 2tit .0503(b)).
If you do not accept any of the conditions of this certification. you may ask for an a4judicatory hearing.
You must sot within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conforms to Chapter 1508 of the North Carolina General Statutes to the Office of
Division of WaterOuality • Environmental Sciences Branch
Environmental Sciences Sroroh, 4401 Reedy Creek Rd., Raleigh, NO 27607 Telephone 9t9-733-i ne FAX # 7ss-99oe
An liquid Oppomnlty Atflrmative Ackn Employer • 50% nmydc&10% post consumer paper
MAY.31.2002 4:38PM NCDENR WIRO
k
NV.'Jbb r.
This ktter completes the review of the Division of Water Quality under Section 401 of the clean W aW
Act. If you have any questions, plum mlephone John Dclmey at 919-733-1786.
Sincerely,
n Ho F" Jr. P
Attachment
cc; WBmingron District Corps of Engineers
Corps of Engineers Vdatington Pield Office
Wilmington DWQ Regional Office
W. John Domcy
Central mes
Ron Ferrell; Wetland Restoration Pnograrn
Clark Wright
Jill SWzy. Attorney c3eueral's Office
Linda Lewes DWQ Wilmington Regional Office
9700751tr
T1AY . 31.2002
4:38PM NCDENR WIRO
NO. 906 N.4
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 _)JAQA= DWIQ project # 47007] is authorized to
impact the surface waters of the State of North Carolina as indicated below for the purpose(s) of
constmeting 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
CERTWICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
AUTHORIZED IMPACTS:
2.37 acres of Class WI. wetlands
0 acres of riparian wetlands
2.37 acres of non-riparian, wetlands (not 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: DIg31T Matte Creek - atf gr South C011eQe Ro9d
COUNTY: NeX $anav r
EASIN/SUBBASIN; ,Q3Q6I7
COMPENSATORY hUTIGATION 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 mere increments according to 15A 2R
.OS03(h)
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 (aer)
One of the options you have available to satisfy the compensatory mitigation requirements is
through the payment of a fee to the Wetlands Restoration Fand per 15A NCAC 2R .0503. If you cboose this
option. please sign this form and trail it to the Wetlands Restoration Fund at the address listed below. Aa
invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE
NOTE, TIM ABOVE IIvWACTS ARE NOT A7M0R1'2= UNTIL YOU RECEIVE N077b3CAnON THAT YOUR PAYMENT
HAS BEEN PROCESSED BY TM WETLANDS Rl RrORATION PROGRAM.
signature Date
WH!LANDS RESTORATION PROGH"
DIVISION OF WATER QUALITY
P.O. BOX 29535
RAIM011, NC 27626-0535
[phone] ext. 358

MAY.31.2002 4:30PM NCDENR WIRO
- --NO. 905- -P.1?-.--- -
TO: SMITH DORNEY ENV SCI Sate of North Carolina
Department of Environment and Natural Resources
Wilmington Regronal Office
Michael F. Easley, Governor
William G. Ross Jr., Secretary
FAX! COM SHEET
Date
To:
CO:
FAX
xEMATtT{c
No. Of Pages:
From:
CO: ?•.?
FAX#: X10-35 -20C1a
D?
127 Cardinal Drive Extegslon? Wllmineton, N1C.28AOS-38.15Telaphoge [phone] Fob (910) 35"004
An Equal ppportnoUY AMrolAdve AcNoq lEmployer

MAY.31.2002 4:30PM NCDENR WIRO
NO.91it) F.e}r
State of North Carolina
Department of Environm
Health and Natural Reso 0/'? •
Division of Water Quality Y'FFft 2 U 1997
James B. Hunt, Jr., Governor
Jonathan B. Howe, Secretary """"'•••-??•• «. NJ FR
A. Preston Howard; Jr. P.E., Director
February 12, 1997
229 N. Front Snet
Suite 309
wunungton, NC 29401
Dear Mr. Buchanan:
On 27 January 1997, you lied to the;NC. Aivision of Water Quality (DwQ) for a 401 Water
Quality Certification to impact 37 saes of w lords or waters for your project tO construct a residential
development (Stilt Meadow Village Apts.) located at South Coilaga Road near Nbnkey Junction in New
Hanover County. Your Pwiect has been forwarded to Drir. Jim Gragoon [phone] of DWQ
Wilmington Regional Office far review. This review will likely require an on-site inspection prior to the
approval, modification or denial of your project situ. If you have sent additional Worrnation to the U.S,
Amy Corps of Engineers concerning this project, please be certain diet our staff have copies of this
material so we can use it in our process in making a decision.
According to ant preliminary, in-house rb,
wetlands, it is likely that compensatory nddgap
15A NCAC 2H.0506 (h), Our Regional Of is
adequate mitigation is required but not provides
mitigation plan is required, we will place this p
Enclosed are materials describing eompensator?
914-733-1786 to discuss these matters if neeess
considered to be incomplete and our processing
iew since you propose to disturb greater than one acre of
)n will be required by DWQ for this project as described in
staff can melee ibis decision during their site visit. If
this project will lilmly have 1o be denied, Also if a
ojcct on hold until its receipt in our Central Office.
mitigation requirements for this program. Please call me at
sty. Until a mitigation plan is pravidcd, this application is
time will not start.
We recommend that you not impact any jwetlands or waters on your project site until a 401 Water
Quality Cadfimdon has been issued from Raleigh, The issuance of a Caps 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 std observe impacts which are not allowable, you will be
required to remove the fill and rustore the site to its original condition. I can be imbed at 919-733-1786 if
you have any questions about the 401 Gatification process.
incestiIY.
Jcfm R. Domey
ater Quality Cerdfic n program
ac: Wilmington DWQ Regional Oft*
Central Fuel
Charlie Hollis
970075.1tr
i
Division of Water Quality j -- Environments) Sciences Branch
Environmental Srie was Branch, 4401 needy Crook Rd., Raleigh, NO 27807 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% racycled/10•A post consumer papar

MAY.31.20021-1 4:30PM..-96 NCDENR WIROCHEMISTR2, LRj3or4; TORY

. F
1* 31, 1997
1M WO
TO.- Clark MUM
FROM: Jahn Domey
RE: South Cube Assadow
Ncw Hanover Co=W
DWQ # 9700'75
NV.W ) r.d/r
To W IRO P.02/06
Thom "% far your k ttw of 1 My 1997 and for our follQrPRlp nofts of 291* 1997.
have reviewed the tWo at zeSdaliDus and believed that ft fbHowing chatYge can be tltada in the
401 CwWcation in acmidanca with ISA NCAC 2H .M(h).
T1a; PrA act wan approvad on 7 May 1997 to JM 2.37 WM of watlatrda. AfW wSWWS
on your ckht's Proposal tG Peamamm y p =Kw the 4.19 49M of rer WM'no WdIM41 on-situ, I
Wove that the folbwkw plan is co t o with ow sins, lfMr. Bucbma is veil ng to dirt
staMgWnter from tg site into the uudbturbed wetads ou-site. (alter treatmont is a Wd or dry
stOMMM r basin, to rem" 30" pallntants and to pWYM UO$bn in the Wamd), the wet"
storage and pol'kttaot removal tlt wdons of ibis Wedaad wOUM be ob ed. M farc t)WQ
could cou* lace 4.19 am of rcmaiaing wetW* as chmamm which would result in 1.05
ecres of (eaheaco Wt is debited U 4:1 aoeorft to 15A NC,AC 2H d)506(M, 'O'bis cAbrt
WOW regain a ration of fire swimwaW menageant pled. As to the pwwrvadan of the
enhanced 4,19 awes of wetlands, a conwnft emement (which you ittd med your am
ium sted in) would be needed whtb would req wro a swvey of ft mdands ou whim tho
eawm d worms be plac 4 ft signed womm be# as welt as an a wrnWs oph*m regaft
ft tft of the property. Mds plan would kavo it requirement for 3.69 aorta of rawgatiou for
which you indicated you am im emd m utiiizrrtg the Wetlug Rcmoration Pragrm at $1:4000
per ww (total of $44,280).
MAY. 3 J i?200 15 41 014:56 FCKLn DEM CHEMISTRY LABORATORY TO
NU. 7b5 r.14i f
WIRO P.03?66
in aownary:
Pill of 23? acres of *Vft ds w 1 aQ of " br p WwaWbody (2:1 rte)
twmhatss 4.47 acres of m WWOJ L
Ewumcemat of Qn-dia wctbmd; with stormwmr, 4.19 acM &vkW by 4=1 ratio
yids im acme of meson credit,
Tim; 4.74 acres Waled
1.05 acres 0nWq% mdit
mg acres of mosation P=hasod from "P
1 belim that this solntiou is 17 cansistmz with our wcd=d ruk% 2? sivas a befit to Ms.
Bi lunar for the on-sit wetlands n0l last MIML 3) FW a water quality bendt with resWt
to fllteriuo raoff from this sltc and 4) provWcs Caanold roles m Mr. Rncbon aomPmlad to
cmr 71 review if a p1#as aaecep blo, we will new to modify the neon
ctsttfce to to resew this approacb.
as wcR as tho swrmwater Plan for this pmjoct-
970075.mit
Cc: jai Hloletsy. Aho y Ge l's Offm
Lia4a Lewis UwQ w&ningtoa Resiond Office
Sta" Tedder
A. Prestof? Ww3ldt 3t.
MAY.31 2002_1if4'31P?M 57 NC?DENR L?lq CHEM157RY (?1MRATURY TO
.Jlii..-. 1-87 TUE 16-121 UAARD AND SMITH NEW RRRK FAX NO. 8186362121
'A P006T OFF at9 W% NP N"Q
14 ?Yt?ila.RilioNlt 0 +I}aei'•`3 513
01010MILO full] 719?S 6
UKIVNI01 7 aORMiNATVQ PTlO
POST ()"lot <QK 70I2
WIiM1NUTOW. (K.O. "466"fD O
Ira".111a ii ?11a4y? 302 61911
WARD AND SMITH. P.A.
ATTORN9Y3 AT LAw
Vol COM-F&F COURT
OFF194
1116T NV7
NbW faRM. b O 7fi4a.o?{T
asl??il,? t? it?I'a?a;?;
July 1. :097
A. Preston Roward., 1Tr. , P . Ali
Director, Ps.vision of water Quality
512 North Salisbury Street
Archdale Building
Raleigh, NaLtb 04xx01"a ?']6Q?
RE: 4101 certitication - South C011458 Apsociar ce
Two Projech so. 970075
our File 97-03e?(A)
06ax Preston --
Nth. 905 F. tV
WIRO P. W06
P. 02
'fylT? z,se
??'yyyypp*kNN6VW i11U??Rk
OA?V TUVIL;M STIFROT Mf1.L
11041 osrtae Mori 700,
,Sike.191011 N 0 avcml-2001
Tf;LeONOWL Jim) I54-460
c.IIN10I1LS I;oaq iiii-047
T Write with conce -M regardlvig a 407. Certificatia ?? et9ooth tlr rCollege
1.gsu?+d by PW4 tp our aliftnt, Mr. Bail. BuChaUaxs A&eocxet,es. In a letter dated May 9, 3997, signed by ac x. Doruf-y
on your behalf. a oandit:.io al Section 401 wag 3.aaued
to our client. TUe ppvv..xpaae Olt tt?Le letter is to soaring' sevet4i of
the g0mdi'ti=P aPnt&ined 14 bhim letter to your mtlt eUtion aAd, in
light 9f the oi71artuer'e of oar cli.errt' s xamaina.ng a goal time frame,
to request your immdiAte ALL*ntj= to, p.n4 recopajderation of. thr~
foll,awimg ismuss .
?'?.rst, the jetter demarr<da t;k?at+ o x alja t plays a deed r?atrictir n
or cvazervkt;? oa eae®rnerst over *11 r JIW" wetl m CA the
property (area undefined) . Preston, this appears to ioe an???o er
and unauthoriae:d attempt to tako property without cgmPen a and
beard AG legal relationship to ZVQ's Val is o0vicerna im addremaing
Fatential tmP*tbo ftQAoq!jA4t&d with the prorpecod activity, no bumiuaaa holding hostage undeveloped aAd unfilled wetland areas
aft our client's private prnparty as a precanditim to the gxsuting
OE permi,saiOn to fill the 2.37 4OTes of law VOLLUO, nonr:j1pa5ria,n.
watlarus already approved under Imur ollent' a Nati.onwi?de 26 Section
404 fedoraL watlasda parmLt. This domed restsi(ition/ dagemut
condition ehould be doleted. Mt only from our CIlent r s l,ettea:, but
from --y- and all 40:, cartifi.catton let ucrs issued by nWQ.
Second, the letter impaeHS a eel comperi story mitigatlaxi ratio
baaaed om the prmersce of a ap-called "blue line st ream" on our
MRY.31.2002-IS4:31PM? CDENRy IROHEMTSTRY LABORATORY TO
4 AUL-, I-8T FOIE 16:21 WARD AM SMITH NEW BERN
WARD AND SMITH, P-A-
A. preeton Howaxd, -, P.R.
,J'uly 3.1 zp97
Page 2
Fhx NO, 8126382121
N0.905 r . b/ (
WIRO P. 5/016
(', W
cj.i Snt l 0 property as Sep ,ct-ed. atz the 7 - 5 migut a Tia , topographic
map for the axea- Tlaa-a 00-c&11e4 "blue 1 iAe aLreari,, io noth,,,
a thmn an old drairmtpe Canal, xn eaae=e, Our clteat io belu!l
does not
asked m t;o doublet his mititiou ate beeween a fin-'MAdeQdwg a*gs caul With intermittent
diacrima?.xtat$ a clear flowing trout
wstea' flow arid, aia a cont.raptiAg aMAMa,e,
stream, )3Aeuar41 creek at even a ttmajox raver
we
While our client n d o knot vmdopst a doub iagi of mic g a ion
requires mi i. 1,o, 9m
l,i.t=loti.c
lftbC1 equiremeAus due to tho fatlure
r
canal and aaf ilcaticn tofu aap s
an m uia?ti=s- we a,sk ,snly that DWQ ? ??
irate f
nterpra m+?tation of Che wetland rag
exeraise site-spmci.fic judgment ix= this came and im ose an IF
ro riate ut.tigatlon ra,tic baao4 on the realities draur Client and is 1W
property -- Property that previougsly was ditched
survoor pa by e:Kjzt j? development.
Thixd+ our client eCttuallY is hci mg requested to rit igat%14 at even
greater than ?% 2-3. ram:Lo , A doublinq of tkuc 2.37 aexes of watlanda total of
acrea fill raga iti f ionth et ptho 401 Ca G f ation letter a0ke for 5.00
e4dres ga Y goats of mi.tiga•tfon,
s,are?c of miti.f mi.tig?. ior?. 43vep the high per acre
then . 26 bacre ,+?•u,?tetr?udLdcl.7.n?cs to our e].ier.t .and 5.00 alone acepro?sents
eeve ral t
that the or, lye eati t.;.ggat jo n
?`oux•th. 'DWG'a letter irn pl.i.??eo?g1.y s?.a
Qpti6A opera to our cl,ienr is to Make a cagh Payment to t atat
Wetlaauda FaatQration V=d. As a. forwor member of the werl.ands
1800 slative cammittee that raviewed thim igs a at yroarif?at1'y
SZ2
am ceacerrlec that DWQ apparently a that tludrLs. ) t tha to i Ming 401 pef ed alt4?-native ofion-
avail
available tt thatt, inc p ittea site mitdgatioxiF (2) c?f£-4ite mitigatiQu b th 1o m atad a,rs+thed?rame
Mi.tige.tio'n paymaxttm to private mitig
area car watershed. Ironically, given thp. infancy at the wet j Ada
Raot.o7rati.on Fund (the state hap fret, to reatcre, i3nh eace , praaarve
or create watlands umi.nq tkis fund), eur cliont'a payment of
morsey to toe state r o fund, as requeated in DWO s letter, will do
little or raathi nq to improve tha envi.rorxwnt for Toaaxy, manly months,
if tot years, tp come,
preal;0A, despite the aignificaslt rogram-wide i9Suee as identified
above, our cl;Lewwt very much w0ald ;like to resolve the narrower
iow.suam for tbia project as gttickl,y and siMpa-y as ?osai?le . . 7cn
furtheranGe of that goal, T haVe sutUorlty from our oli-eut tqo make
the following 1 a?ttRiaring Pexidits nal 0 O rtif L a"tlon letter
of the terms of DWQ ?w6? e ex
with two C" ngat : (1) deletion of the dead res•tri.crys n/Conaervation
MAY. 31.2002,-1 4:31PM;te NCDEINR
JJWTI ROG-IEMISTRY LFIBORATOf2Y TD
r 'JUL =• x-87 TUE 18'22 YARD AND SMITH NEW BERN FAY NO. 8186362121
WARD AND SMITH, P.A.
4. Prestou Foward, jr., P.E.
July 1, x.997
Vage 3
N0.905 -P.7/7 '
UIRD P.06i06
F,U4
eaoement reeluixemelltr and (Z) red"On of the xaquix"sd m""gatioA
frpm 5.00 acrea to 3.0o aorms. If these relatively minor charigeo
are 4saaop'LabXm to 13WO, I am iU a positl= to it'a &(U&te Ly tendee the
ag+1m of 836,Q0 ().0D (3.00 irrxes of nonrl ariax? m?,tigatiQn at. the'
regulatory rate of $X2,000.00 per act) by maans o;g cxtir t"at
acco=t Ohook I-A souio£aotion of all miticlation reg tirementm for
thle project.
In Itah't of the shortness o:: oUr client's rem4iaing appeal time, it
0 iT p at Fe that we an e t to meldreap axsd reaolve thim mottex iA
the next as hc+uxs othmvr .&m I will have no a].te:rnative but to
file, va'_& faA, a petitipn for conteoted case hearing by the ol+opc
of blilmines" ou Thuraday, JL1y 5, 1997 in order to y;v aaar" our
al.,ep't' p appeal rights. While it aaerta4,n1V is poesible to resolve
this mattor alter the filing of mu h P petits Qn, our client very
much would ].ilas to avoid that necessity if possible.
Thank you very much for ymr pxoWt attention to thim matter and I
ly sa?r3faaory 'with your Ptaff to
70 that regard, a x reinaaiinCk
and mutual
Your
Y ,•""5
M
4ti??rr
. Clark Wxigh
I4W : icvr
WSMAER/225033
Enclosure
Ca: Mr. naniol Q. Oakley
Ma, Jill K3 okay
Mr. John voxney
MP . Linda A;LTcr-r
TOTAL P.06
o?oF W aT
r
0 Nq:=? "
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
May 23, 2002
Mr. David Scibetta
Mitchell and Associates
3973-B Market Street
Wilmington, North Carolina 28403
Dear Mr. Scibetta:
Subject: Project: Still Meadow Village
County: New Hanover
A ? OnI
MAY23W
!TY, ?ECri
The purpose of this letter is to notify you that the North Carolina Wetlands
Restoration Program (NCWRP) will accept payment for non-riparian wetland impacts
associated with the subject project. Please note that the decision by the NCWRP to accept
the mitigation requirements of this project does not assure that this payment will be
approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality
Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to
determine if payment to the NCWRP for impacts associated with this project is
appropriate.
This acceptance is valid for six months from the date of this letter. If we have not
received a copy of the issued 404 Permit and 401 Certification within this time frame, this
acceptance will expire.
Based on the information supplied by you in a letter dated May 8, 2002, the non-
riparian wetland restoration that is necessary to satisfy the compensatory mitigation
requirements for this project is summarized in the following table. The maximum amount
of mitigation that the NCWRP will accept for this project is also indicated in this table.
The non-riparian wetland mitigation will be provided as specified in the 401 Water
Quality Certification and/or Section 404 Permit for impacts associated with the subject
project in Cataloging Unit 03030005 of the Cape Fear River Basin. The mitigation will be
performed in accordance with the Memorandum of Understanding between the N.C.
Department of Environment and Natural Resources and the U.S. Army Corps of Engineers
dated November 4, 1998.
Wetlands
(acres) Stream
(linear feet) Riparian Buffer
(ft)
Impact 0.81 non-riparian 0.27
Mitigation Max. 1.62 non-riparian 0.54
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 [phone] Customer Service ??.
320 West Jones Street Raleigh, NC 27603 Fax: [phone] 623-7748 rv?,.uEh
Wetlands Tracking Laois
Facility Name SOUTH COI,LI4:( E' ;kSSOCI ITLS
Project Number 97 0075 h

Project Type purpose of RESIDENTIAL DEVELOP. I
HANOVER
County NEW
Location I County2
Received From DCM I COE ID # Region Wilmington

Received Date February, 3, 1997 ?_.

COE Susp Date

Reg. Contact ; -
Sent to Region Date 2/10/1997 DCM Susp Date APPLICATION FEE INFO'
Rcvd Region Date 3/11/1997 TIP Number Payment Date ``
1•
Last Action Date Nlay 7, 1997 I More Info Requested ) Amount Paid
Last Action ISSUE I More Info Received Payor
z
Latitude (ddmmss)
Mitigation ? Y
Check #
t
Longitude (ddmmss)
?'-
Certificates x Stream Area
acres Area i Length "'Length
Permit Cert j Wetland Wetland Score s Stream ? Class Subbasm Wetland (Req ) i (acres) (feet) (feet)
Type Type Impact Index Prim. Sup[). Class Appr. Req. Appr.
W22 6 310S, O Q N 17, 1 - s w 0 30on 2.37 ?1_37
1 I J I. 1 l 1
?I0? ON
r
ii
tatfor 401
I' Ii WRP Mitigation
Mitigation Project - Wetland Wetland Area Length Completion
MitigationType Number Type Class (acres) z (feet)+ Date Subbasin
Restore _ WF non 3.69
S
? ?7 X34.y r
.Stream Imp'
Peren- Y Inter-
nial mittent
t:
?r
t ? .s
' r = Tota1Viti a#ion:,, 3.(,,)1-
P
14
loo WRP ? ,-- i
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: J. Steenhius
WQ Supervisor: R Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Still Meadow Village County New Hanover'
Project Number 02 0018 County2
Recvd From COE Region Wilmington
Received Date 1/2/02 Recvd By Region
Project Type Phase II Apartments
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
r-- F -P Y -@)N F 18-82 FC SW 30,617T F__ F-
Mitigation Wetland. ???..?/l?!?
MitigationType Type Acres Feet
I F_ F F_
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
THIS OFFICE HAS READ THE INFORMATION SHOWING THAT THE REDUCTION OF THE # OF
APARTMENT BUILDINGS WOULD RENDER THE PROJECT-"NOT PRACTICABLE." THIS
OFFICE WOULD REQUIRE APPROPRIATE MITIGATION FOR THIS PROJECT-(PREVIOUS
IMPACTS ARE OVER 2 ACRES).
?t
cc: Regional Office
Central Office Page Number 1
`l cabal ?'
R DEPARTMENT OF THE ARMY
...? Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890 ?j
(nttp://www.saw.usace.anny.mii/wetian(ts/regtour.ntm
Action ID No. 200200250 /3:J?anuary 2002
3,f F
PUBLIC NOTICE
Still Meadow Village Limited Partnership, 4632 Still Meadow Village Drive, Wilmi n, S
North Carolina 28412, has applied for a Department of the Army (DA) perm' ORIZEJTHE DISCHARGE OF 3,886 CUBIC YARDS OF FILL MATERIAL INT . 0.90 CRE OF ^ J
JURISDICTIONAL WETLANDS IN THE HEADWATERS OF MOTT C ey??
ASSOCIATED WITH THE CONSTRUCTION OF MULTIFAMILY UNITS IN PHASE 2 OF `1
STILL MEADOW SUBDIVISION located approximately 0.76 miles north of the intersection of
U.S. 421 (Carolina Beach Road) and N.C. 132 (South College Road), west of N.C. 132, in
Wilmington, New Hanover County, North Carolina.
The following description of the work is taken from data provided by the applicant and
from observations made during a site visit by a representative of the Corps of Engineers. Plans
submitted with the application show the placement of 3, 199 cubic yards of sand, 171 cubic yards
of gravel for bedding, and 516 cubic yards of concrete for footings and slabs into wetlands to
construct 5 of 9 multifamily units. All 5 proposed apartment buildings will be three story
structures and will have all or a portion of their footprints inside the proposed fill area. The
purpose of the work is to construct housing units. Plans showing the work are included with this
public notice.
The wetlands with the project site consist of pine flat woods. Ditches were installed
around the site historically. The site is located in headwaters of Mott Creek. The project area is
vegetated with a canopy of Pinus taeda and P. serotina and a shrub layer of Gordonia lasianthus,
Persea borbonia, and Ilex coricea. The underlain soil type, Murville (poorly drained), is listed in
"Hydric Soils of the United States."
A Nationwide Permit #26 was issued for Phase 1 of the Still Meadow . illa" 7?eS bd ivision
on March 11, 1997. This action authorized the placement of fill material i o 2.37 acres of
jurisdictional wetlands (Reference Action ID: 199605584). 3106"
The applicant has determined that the proposed work is consistent with the North Carolina
Coastal Zone Management Plan and has submitted this determination to the North Carolina
Division of Coastal Management (NCDCM) for their review and concurrence. This proposal
shall be reviewed for the applicability of other actions by North Carolina agencies such as:
?), 3 '7 +- x- I -
a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act
by the North Carolina Division of Water Quality (NCDWQ).
The decision, whether to issue a permit, will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the
public interest. Evaluation of the probable impacts that the proposed activity may have on the
public interest requires a careful weighing of all those factors that become relevant in each
particular case. The benefits that may be expected to accrue from the proposal must be balanced
against its foreseeable detriments. The decision whether to authorize a proposal, and if so the
conditions under which it will be allowed to occur, are therefore decided by the outcome of the
general balancing process. That decision should reflect the national concern for both protection
and use of important resources. All factors that maybe relevant to the proposal must be
considered including the cumulative effects of it. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (according to Executive Order 11988), land use, navigation,
shore erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property ownership,
and, in general, the needs and welfare of the people. For activities involving the placement of
dredged or fill materials in waters of the United States, a permit will be denied if the discharge
that would be authorized would not comply with the Environmental Protection Agency's
404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or
criteria, a permit will be granted unless the District Engineer decides that it would be contrary to
the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties to consider and evaluate the
impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to decide whether to issue, modify, condition or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public interest factors listed
above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to decide the need for a public hearing and to decide the
public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit will not
be made until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act. The NCDWQ considers
whether the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean
Water Act. The application and this public notice for the Department of the Army (DA) permit
serves as application to the NCDWQ for certification.
Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Environmental Operations Section, North Carolina Division of Water Quality
(NCDWQ), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such
materials will be furnished to any person requesting copies upon payment of reproduction costs.

PROJECT DATA
30 ONE BEDROOM UNITS
70 TWO BEDROOM UNITS
214 PARKING SPACES
PRIVATE ROADS
SITE AREA : 9.02 ACRES
WETLANDS AREA :1.87 ACRES
PRESERVED WETLANDS : 0.97 ACRES
MITIGATED WETLANDS : 0.90 ACRES
IfGE":C
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PLANNING
' ARCHITECTURE
INTERIOR DESIGN
LANDSCAPE ARCHITECTURE
121 S. ESTES DRIVE CRAM HILL, N.C. 27514
919 929 7158 - ph. 919 942 7535 - fox
c §Wft T -ctMtrt?n!
STILL MEADOW
VILLAGE
APARTMENTS
PHASE 2
WILMINGTON
NORTH CAROLINA
REVISIONS
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PRELIMINARY
SITE PLAN
DATE ft" DRAMNG NO.
DESIGN RNA
DRAWN De Cl
PROJECT NO. 11100
Al I R I PRELIMINARY SITE PLAN
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DEPARTMENT OF THE ARMY 2
.. Wilmington District, Corps of Engineers l j
Post Office Box 1890
Wilmington, North Carolina 28402-1890 a
(http://www. saw.usace. army.mil/wetlands/regtour.htm
A
ku?i , 1`q1
Action ID No. 200200250 / 3 January 2002
V 1 at-- PUBLIC NOTICE
Still Meadow Village Limited Partnership, 4632 Still Meadow Village Drive, Wilmi
North Carolina 28412, has applied for a Department of the Army (DA) perm' ORIZE?
THE DISCHARGE OF 3,886 CUBIC YARDS OF FILL MATERIAL INT . 0.90 CRE OF "g
JURISDICTIONAL WETLANDS IN THE HEADWATERS OF MOTT C ?e????G?
ASSOCIATED WITH THE CONSTRUCTION OF MULTIFAMILY UNITS IN PHASE 2 OF
STILL MEADOW SUBDIVISION located approximately 0.76 miles north of the intersection of
U.S. 421 (Carolina Beach Road) and N.C. 132 (South College Road), west of N.C. 132, in
Wilmington, New Hanover County, North Carolina.
The following description of the work is taken from data provided by the applicant and
from observations made during a site visit by a representative of the Corps of Engineers. Plans
submitted with the application show the placement of 3, 199 cubic yards of sand, 171 cubic yards
of gravel for bedding, and 516 cubic yards of concrete for footings and slabs into wetlands to
construct 5 of 9 multifamily units. All 5 proposed apartment buildings will be three story
structures and will have all or a portion of their footprints inside the proposed fill area. The
purpose of the work is to construct housing units. Plans showing the work are included with this
public notice.
The wetlands with the project site consist of pine flat woods. Ditches were installed
around the site historically. The site is located in headwaters of Mott Creek. The project area is
vegetated with a canopy of Pinus taeda and P. serotina and a shrub layer of Gordonia lasianthus,
Persea borbonia, and Ilex coricea. The underlain soil type, Murville (poorly drained), is listed in
"Hydric Soils of the United States."
A Nationwide Permit #26 was issued for Phase 1 of the Still Meadow :ilia' ge Subdivision
on March 11, 1997. This action authorized the placement of fill material i o 2.37 acres of
jurisdictional wetlands (Reference Action ID: 199605584).
The applicant has determined that the proposed work is consistent with the North Carolina
Coastal Zone Management Plan and has submitted this determination to the North Carolina
Division of Coastal Management (NCDCM) for their review and concurrence. This proposal
shall be reviewed for the applicability of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act
by the North Carolina Division of Water Quality (NCDWQ).

a
b. The issuance of a permit to dredge and/or fill under North Carolina General Statute
113-229 by the North Carolina Division of Coastal Management (NCDCM). WT . OL
c. The issuance of a permit under the North Carolina Coastal Area Management Act
(LAMA) by the North Carolina Division of Coastal Management (NCDCM) or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned submerged land
under North Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the North
Carolina Department of Administration (NCDA) and the North Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality
Section, North Carolina Division of Land Resources (NCDLR), pursuant to the State
Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army (DA) permit will be denied if any required State or
local authorization and/or certification is denied. No DA permit will be issued until a State
coordinated viewpoint is received and reviewed by this agency. Recipients of this notice are
encouraged to furnish comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the Corps of Engineers.
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The District Engineer's initial
determination is that the proposed project would not adversely impact EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the
National Marine Fisheries Service.
This application is being considered pursuant to Section 404 of the Clean Water Act (33
U.S.C. 1344). Any person may request, in writing within the comment period specified in the
notice, that a public hearing be held to consider this application. Requests for public hearing
shall state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties, or properties listed as being
eligible for inclusion therein, and this site is not registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register is the extent of
cultural resource investigations by the District Engineer, and he is otherwise unaware of the
presence of such resources. Presently, unknown archeological, scientific, prehistorical, or
historical data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision, whether to issue a permit, will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the
public interest. Evaluation of the probable impacts that the proposed activity may have on the
public interest requires a careful weighing of all those factors that become relevant in each
particular case. The benefits that may be expected to accrue from the proposal must be balanced
against its foreseeable detriments. The decision whether to authorize a proposal, and if so the
conditions under which it will be allowed to occur, are therefore decided by the outcome of the
general balancing process. That decision should reflect the national concern for both protection
and use of important resources. All factors that may be relevant to the proposal must be
considered including the cumulative effects of it. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (according to Executive Order 11988), land use, navigation,
shore erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property ownership,
and, in general, the needs and welfare of the people. For activities involving the placement of
dredged or fill materials in waters of the United States, a permit will be denied if the discharge
that would be authorized would not comply with the Environmental Protection Agency's
404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or
criteria, a permit will be granted unless the District Engineer decides that it would be contrary to
the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties to consider and evaluate the
impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to decide whether to issue, modify, condition or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public interest factors listed
above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to decide the need for a public hearing and to decide the
public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit will not
be made until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act. The NCDWQ considers
whether the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean
Water Act. The application and this public notice for the Department of the Army (DA) permit
serves as application to the NCDWQ for certification.
Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Environmental Operations Section, North Carolina Division of Water Quality
(NCDWQ), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such
materials will be furnished to any person requesting copies upon payment of reproduction costs.
All persons wanting to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Water Quality
(NCDWQ), 1650 Mail Service Center, Raleigh, North Carolina 27699-1650, on or before
February 1, 2002, Attention: Mr. John Domey.
Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Angie Pennock, until 4:15 p.m., February 4, 2002, or telephone (910) 251-
4611.
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PROJECT DATA
30 ONE BEDROOM UNITS ,? -
70 TWO BEDROOM UNITS
214 PARKING SPACES ?EA E
PRIVATE ROADS
SITE AREA : 9.02 ACRES ap
WETLANDS AREA : 1.87 ACRES ? 1w. a
PRESERVED WETLANDS : 0.97 ACRES AIV 2260
MITIGATED WETLANDS : 0.90 ACRES u1
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PLANNING
ARCHITECTURE
INTERIOR DESIGN
LANDSCAPE ARCHITECTURE
121 5. ESTES DRNE CHAPEL HILL, N.C. 27514
919 929 7158 - ph. 919 942 7535 - fax
c W% :nlp. itrr -. d. ...
STILL MEADOW
VILLAGE
APARTMENTS
PHASE 2
WILMINGTON
NORTH CAROLINA

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WeVands Tracking S
L
Facility Name Still Meadow Village County Ne«v Hanover
Project Number l)2;0018 County2
.O Inactive Region Wilmin,;ton
Project Type; pw-p >se of Phase Ii Apartments DCM Office WilmilIL'ton

Location Mott Creek ??' ilmm,ton ffice Wilmington

COE
Off

401s Last` Total Total Total
Recvd Sent to Recvd Action 401 401 Total Mit ; Mit
Acres ,
Recvd From Date Region Region Date Last Action Acres Feet Feet
Inspections/ Violdtions
11
Inspection Date Inspector
Compliant
Letter Type
Date Sent
Reply Date
Current St
-MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Still Meadow Village
Project Number 02 0018
Recvd From COE
Received Date 1/2/02 Recvd By Region
Project Type Phase II Apartments
County New Hanover
County2
Region Wilmington
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet am
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
F IP F_O YO N F- 18-82 F C s w 30,617. F F_ I -
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
THIS OFFICE HAS READ THE INFORMATION SHOWING THAT THE REDUCTION OF THE # OF
APARTMENT BUILDINGS WOULD RENDER THE PROJECT-"NOT PRACTICABLE." THIS
OFFICE WOULD REQUIRE APPROPRIATE MITIGATION FOR THIS PROJECT-(PREVIOUS
IMPACTS ARE OVER 2 ACRE.
cc: Regional Office
Central Office Page Number 1
Mitchell and Associates, Inc.
ENVIRONMENTAL CONSULTANTS
3973 B Market Street • Wilmington, N.C. 28403 • 910.254.0602 • Fax: [phone]
min-h-fl -?mitchell s, ,_rat -,rs
March 5, 2002
Mr. Michael Horan
NCDWQ 401 Wetlands Certification Unit
2321 Crabtree Boulevard ?42
Raleigh, North Carolina 27604-2260
Dear Mr. Horan:
This correspondence is in reference to File DWQ # 020018 Still Meadow Village Phase II.
Enclosed you will find the application fee in the amount of $200 made out to your agency.
Please feel free to contact my office if there is anything else you may need to process this
application.
Si ely,
David Scibetta
Biologist

PLANNING
ARCHITECTURE
INTERIOR DESIGN
A A VISUAL COMMUNICATIONS
LANDSCAPE ARCHITECTURE.'.
February 22, 2002
Mr. John Dorney
North Carolina Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
Ms. Angie Pennock
U.S. Army Corp of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890
RE: Action ID 200200250
Still Meadow Village Apartments, Phase II
New Hanover County, NC
Dear Mr. Dorney and Ms. Pennock:
L
FEB Z T a
I am in receipt of Mr. Charles Meier's letter to you dated January 30, 2002. This letter deals
with two issues that have nothing to do with the issue at hand, a permit to fill a specific portion
of wetlands within the property for which the application has been filed. Perhaps your
advertisement and request for comments were not clear as to the aspects of this project that you
can consider. However, since Mr. Meier's letter was made a matter of record, we offer the
following.
Mr. Meier's letter deals with two aspects of the proposed development. The first concerns storm
water flow. The pipe to which Mr. Meier refers is a part of the New Hanover County drainage
system, which was designed and constructed as a part of the Johnson Farms Development and
approved by the County's Engineering Department. The system was designed with an extension
of a pipe toward subject property to receive water from this property now and in the future. This
extended pipe currently receives surface run off water as well as water from a ditch passing
through the apartment site which pre-dates the Johnson Farms Development. Mr. Meier should
be aware of the North Carolina State laws that prohibit downstream property owners from
obstructing storm water flow from upstream properties. This matter has been discussed with Mr.
James Craig, County Engineer, who confirms that the system was designed to receive water from
this parcel and cannot be refused. Consequently there is no basis for this objection.
The second objection deals with the extension of Honeydew Lane. In 1996, when this firm
began the plans for Phase I of Still Meadow Village, we were told not to extend the road to
connect to Honeydew Lane, the reason being that the Johnson Farms neighborhood did not want
the apartment traffic and traffic from South College Road passing through their neighborhood.
Thus we have designed Phase II of Still Meadow Village Apartments to accommodate this
objective.
6330 01 IAnRAN[.1 F nRIVF Sl 11TF 960 CHAPF_L HILL_ NC 27517 919-489-1771 a FAX [phone]
Mr. Dorney and Ms. Pennock
February 22, 2002
Page Number 2
Contrary to Mr. Meier's statement about plans that show a cul-de-sac at the end of Honeydew,
there are no such plans. However, if a turnaround is desired, it can be done by creating a "T"
turnaround as shown on figure # 9 on page 47 of the N.C. DOT Subdivision Roads Minimum
Construction Standards, January 1, 2000. This can be placed at the end of Honeydew within the
Johnson Farms drainage easement without involving Still Meadow Apartment property.
The developer of Johnson Farms, South College Associates, is a distinct and separate entity from
the developer of Still Meadow Village Phase II. If Mr. Meier's clients wish to follow up, it is
suggested that they contact Ms. Dianne DeRusso, who is a consultant to South College
Associates. Ms. DeRusso is currently working with NCDOT seeking acceptance of the streets
into the State's system. She can be reached at 919-468-3822.
I trust that this letter will suffice with regard to these issues.
Sincerely yours,
CPAA, PLLC
Robert N. Anderson, AICP
Partner
cc: Dexter Hayes
New Hanover County Planning Department
Dianne DeRusso
David Barefoot, Attorney
David Scibetta
Mitchell and Associates, Inc.

North Carolina WIld-ife Resources Cono.missio)..-I
Charles R. rullwood., Executive: Director
MEMORANDUM
l'C): Caroline Bellis
Division of Coastal Management
.John Dorney
Division of Water Quality t )?-
i
Angie Pennock
Army Corps of Engineers
FROM Bennett Wynne
Habitat Conservation Program
DAFT: February 14, 2002
SI:BJECT: Consistency Determination, 401, and 404 applications for Still MeadoN?,
Village Dill of 0.9 Acre of Jurisdictional Wetlands in the I-leadwaters of,
Mott Creep Associated with the Construction of Multifanuly lJnits in Phase
2 of Still Meadow Subdivision, ILISt north ofthe US 421 and NC 13?
intersection, Wilmington, New Uanover County, North Carolina.
Reference: ACTID-02-0250.
The Wildlife Resources Commission has reviewed the project for impacts to
wildlife and fishery resources. A site visit was made on February 12, 2002. Our
comments are provided in accordance with provisions of the Fish and WIIdlife
Coordination Act (48 Stat. 401, as amended, 16 U.S.C. 661 et sect. ), Section 401 of th
Clean Water Act (as amended), and North Carolina General Statutes (G.S. 113-1 ) I et
seq. j.
The applicant is seeking authorization to fill 0.9 acre of wetlands in addition to the
237 acres of wetlands that have already been impacted by this subdivision (Phase 1) Site
wetlands are forested with mature pond and loblolly pine having a low shrub understory
and are almost surrounded by housinb developments. A ditch with standing vvater occurs
on one side of the site. These wetlands are in the upper Mott Creek watershed, a. systen]
that is undergoing rapid incremental wetland loss to business and residential develop mem.
Mailing Address: Divisiosi ofltillatad l-ishenes ¢ 1721 l1&11 tie rvic4 C i iaUT I Kale igh, 'SIC 27699-I7?1
7Llephone: (919) 733-36.33 exi. 281 @ ax, (Hill 715-1-W10
Still Meadow Village Phase 2 2
U2i 14102
This is a good example of the incremental wildlife habitat frag
loss, and increased impervious surface area actions that are widespreadeinttileo"'ilnring?ton
suburban area. Loss of wildlife habitat and degraded water qu.a.lit}/ are the result of these.
actions. The workplat for the subject application shows the footprints of of 9 residential
structures to be located entirely within wetlands. We do not consider this an adequate
effort toward impact avoidance. So far as we can determine, no wetland miti(ation is
proposed. Consequently, we recommend that authorization be conditioned upon a
modified project deleting the 3 residential structures in the southwest corner of the site
that are located entirely in wetlands.
Thank you l'or the opportunity to comment. If you need to discuss these
comments or need additional assistance, please call me at (252) -.522.97 36.
WArF Michael F. Easley, Governor
O
\ RQG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
f Gregory J. Thorpe, Ph.D.
,i Acting Director
p Division of Water Quality
February 15, 2002
CERTIFIED MAIL: 7001 1940 0003 9291 6075
RETURN RECEIPT REQUESTED
Still Meadow Village Limited Partnership
4632 Still Meadow Village Drive
Wilmington, NC 28412
FEB20
SUBJECT: PROJECT ON HOLD FOR
ADDITIONAL INFORMATION
Still Meadow Village Phase H
DWQ PROJECT # 020018
NEW HANOVER COUNTY
Dear Sir:
This Office is placing your project on hold until we receive the following additional information:
1) an overall site plan that shows avoidance and minimization for wetland impacts (particularly
the avoidance of placing the apartment units entirely in wetlands)
Please respond within three weeks of the date of this letter by sending a copy of the information to myself and to
Cyndi Karoly, Raleigh Wetlands Unit [phone]. If we do not hear from you within three weeks, we will assume
that you no longer want to pursue this project and we will consider the project as withdrawn. If you have any questions,
please feel free to call me at [phone].
Sincerely,
Joanne Steenhuis
Environmental Specialist III
cc: Cyndi Karoly -Wetlands Group
Angie Pennock- US Army Corps of Engineers Wilmington
WiRO
Ex127 Cardinal Drive t., Wilmington, NC 28405-3845 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer
r?r
1]ENR
?WATF
\O?? RQG MichaelF: Easley
Governor
r William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory Thorpe
Division of Water Quality
February 5, 2002
Mr. David M. Scibetta
3973 B Market Street
Wilmington, NC 28403
Still Meadow Village Phase II
On 01/02/02, your application for 401 Water Quality Certification for a project in New Hanover
County was received by the N.C. Division of Water Quality. Please note that beginning January 1,
1999, the N.C. General Assembly passed legislation requiring payment of a fee for all 401
applications, as indicated on page two of the PCN application form. Your application is being returned
since-no payment was received with the package. The fee for applications is $200 for projects
impacting less than an acre of wetland and less than 150 linear feet of streams. For projects
impacting one or more acres of wetland or 150 or more feet of streams, the fee is $475. In order for
DWQ to review and process your request, you must send a check in the appropriate amount made
payable to the N.C. Division of Water Quality attached to your application.
FileDWQ # is 020018
Mitchell and Associates, Inc. FEB - 4
ENVIRONMENTAL CONSULTANTS
3973 B Market Street • Wilmington, N.C. 28403 • 910.254.0602 • Fax: [phone]
January 30, 2002
Ms. Angie Pennock pRegulatory Officer 0 X 00
Wilmington Regulatory Field Office
U.S. Army Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina, 28402-1890 Action ID No. 200200250
Dear Ms. Pennock:
This letter is in response to a letter from your office dated January 3, 2002 regarding the
Individual Permit Application for Phase H of Still Meadow Village. Please reference my letter to
you dated January 22, 2002.
In response to the third condition of the MOA, our client has agreed to buy down the impacts by
participating in the Wetlands Restoration Program.
I hope this information completes the response process. Please do not hesitate to contact my
office should you have any questions regarding this correspondence.
Sincerely,
David Scibetta
cc: Bob Anderson, CPAA
6329 Oleander Drive
Suite 202
Wilmington, North Carolina 28403
Mr. John Dorney
Division of Water Quality
NCDENR
2321 Crabtree Boulevard
Suite 250
Raleigh, North Carolina 27604-2260

Mitchell and Associates, Inc.
ENVIRONMENTAL CONSULTANTS
3973 B Market Street • Wilmington, N.C. 28403 •910.254.0602 • Fax: [phone]
n'il; .i_i-'J !, i w,-r,01- uzoclatesx r?
January 22, 2002
_ i
Ms. Angie Pennock A240
Regulatory Officer _
Wilmington Regulatory Field Office
U.S. Army Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina, 28402-1890 Action ID No. 200200250
Dear Ms. Pennock:
This letter is in response to a letter from your office dated January 3, 2002 regarding the
Individual Permit Application for Phase R of Still Meadow Village. We are sending your this
correspondence to come into compliance with the MOA for permitting wetland impacts.
The first condition of the MOA is to furnish information showing that the proposed work is the
least environmentally damaging, practicable alternative. There are no upland alternatives for this
proposed project. All available upland areas have been utilized to the fullest extent practical.
The proposed buildings that will impact wetlands have been situated as to impact the least
amount of wetlands possible. County regulations will not allow the buildings to be moved
further out of the wetland area due to the required setbacks from the adjacent single family
dwellings. This is the least damaging alternative as we have considered the option to locate
parking areas in wetlands. This actually increased the wetland impact because the building
setbacks pushed the parking lots and buildings further into the wetland.
The second condition dictates that we must have taken all appropriate and practical steps to
reduce wetland losses. The homes have been located as to have as little of their footprint as
possible in wetlands while observing all required setbacks, and their foundations sloped as
appropriate to facilitate drainage away from the structures. No other unnecessary open space is
proposed to impact wetland areas. There will be grassed swales between each building located in
wetlands to direct sheet drainage to the remaining preserved wetlands.
I hope this information is sufficient to bring this project up to speed. Please do not hesitate to
contact my office if you should have any questions or comments about this letter.
Sincerely,
David Scibetta
cc: Bob Anderson, CPAA
6329 Oleander Drive
Suite 202
Wilmington, North Carolina 28403
Mr. John Dorney
Division of Water Quality
NCDENR
2321 Crabtree Boulevard
Suite 250
Raleigh, North Carolina 27604-2260
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF:
Regulatory Division
Action ID No. 200200250
January 3, 2002
02,0o a s.
Motu
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Dear Mr. Dorney:
Enclosed is the application of Still Meadow Village Limited Partnership for Department of
the Army authorization and a State Water Quality Certification to discharge 3,886 cubic yards of
fill material into 0.90 acre of jurisdictional wetlands in the headwaters of Mott Creek associated
with the construction of multifamily units in Phase 2 of Still Meadow Subdivision located
approximately 0.76 miles north of the intersection of U.S. 421 (Carolina Beach Road) and N.C.
132 (South College Road), west of N.C. 132, in Wilmington, New Hanover County, North
Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in
accordance with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section 404 of the Clean
Water Act, and we have determined that a water quality certification is required under the
provisions of Section 401 of the same law. A Department of the Army permit will not be granted
until the certification has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days after receipt of a
request for certification is a reasonable time for State action. Therefore, if you have not acted on
the request, or asked for an extension of time, by March 4, 2002, the District Engineer will deem
that waiver has occurred.
Questions or comments may be addressed to me at the Wilmington Field Office, telephone
[phone].
Sincerely,

Angie Pennock
Regulatory Specialist
Enclosure
Copies Furnished (without enclosure):
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Still Meadow Village Limited Partnership
4632 Still Meadow Village Drive
Wilmington, North Carolina 28412
Mr. David Scibetta
Mitchell and Associates, Inc.
3973 B Market Street
Wilmington, North Carolina 28403
3,.,.
a0d;1. b0a5?
WE
DEL 1 2001
REGUL???Y
Mitchell and Associates, Inc. cE
ENVIRONMENTAL CONSULTANTS
3973 B Market Street • Wilmington, N.C. 28403 • 910.254.0602 • Fax: [phone]
[e-mail]
December 12, 2001
Ms. Angie Pennock
Regulatory Officer
Wilmington Regulatory Field Office
U.S. Army Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina, 28402-1890
RECEIVED
1.%, ) 4 20JI
REGiILkTORY
W11AING'TON FIE, ?3 OMCE
Dear Ms. Pennock:
This letter is in reference to the property known as Still Meadow Village Phase 2, located behind
the existing Still Meadow Village subdivision off of South College Road, Wilmington, North
Carolina.
As has been previously discussed, the owners were going to apply for a single Individual Permit
for Johnson Farms and Still Meadow Village Phase 2, but the owners have informed us that this
is not possible. Quoting a letter sent to us from the owners, "We have authorized you to file the
application for Still Meadow Village Phase 2 immediately. As seen by the attached photographs,
this project is an extension of a Department of Housing and Urban Development Project
authorized under Section 221(d)(4) of the Housing Act and is independent of the Johnson Farms
development. The land was purchased at a different time and by a different partnership distinct
from the developer of Johnson Farms." Therefore, we are submitting an IP application for Still
Meadow Village Phase 2.
They have avoided and minimized to the greatest extent practicable. The proposed buildings
have been located at the required setbacks from existing structures, while attempting to minimize
the total wetland impacts by the proposed structures.
You will find the completed application and a site plan for this area. Please feel free to contact
our office if you should have any questions about this IP application or its proposed layout.
ce ly,
David Scibetta
Biologist

APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-003
(33 CFR 325) Expires October 1996
Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for
reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service
Directorate of information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington. VA 22202-4302;
and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Please DO
NOT RETURN your form to either of those addresses. Completed applications must be submitted to the district engineer
having jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10; 1413,-Section 404. Principle Purpose: These laws require permits authorizing activities in,
or affecting, navigable waters of the United States, the discharge of dredged or fill material into waters of the United States,
and the transportation of dredged material for the purpose of dumping it into ocean waters. Routine Uses: Information
provided on this form will be used in evaluating the application for a permit. Disclosure: Disclosure of requested information
is voluntary. If information is not provided, however, the permit application cannot be processed nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must
be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having
jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned.
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICA'T'ION NO. 2. FIELD OFFICE CODE 3. DA'rE RECEIVED 4. DA'I'S AI'PL1CA'I'ION C'OMI'LL'TED
(ITEMS BELOW TO BE FILLED BYAPPLICANT)
i. APPLIC:.ANf'S NAME 3. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not
Still Meadow Villa e Lrm'fcd Pr+hersht p required)
David M. Scibetta

6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
4632 Still Meadow Village Drive 3973 B Market Street
Wilmington, North Carolina 28412 Wilmington, North Carolina 28403
7. APPLICANT'S PHONE NOS. w/.AREA CODE 10. AGENT'S PHONE NOS. W/ AREA CODE
a. ICcsidence a. Residence
N/A N/A
b. Business b. Business
[phone] [phone]
11. STATEMENT OF AUTHORIZATION
I hereby authorize, David M. scfbetta to act in my behalf as my agent in the processing of this
application and to furnish, upon request, supplemental information in support of this permit application.
\ , ZS,
APPLICANT' ATURE DATE
NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME Oft TITLE (see instructions)
Still Meadow Village Apartments - Phase 2
13. NAME OF WATERBODY, IF KNOWN (ifapplicahlc) 14. PROJECT STREETADDRESS (ifapplicable)
N/A Still Meadow Village Drive
Wilmington, North Carolina 28412
15. LOCATION OF PROJECT
New Hanover North Carolina
COUNTY STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (see instructions)
Site is located approximately 0.76 miles north of the intersection of U.S. 421 'and N.C. 132, on
the west side of N.C. 132, Wilmington Township.
N34 9'9" W77 53'49"
17. DIRECTIONS TO THE SITE
From the intersection of U.S. 421 and N.C. 132, known as Monkey Junction, travel north on
N.C. 132 - 0.76 miles. Enter site located on west side of N.C. 132, also called South College
Road, onto Still Meadow Village Drive. Go to rear of Still Meadow Village. Proposed building
site is located directly behind existing tennis courts.
13. NATURE OF ACTIVITY (Description ofproject, include all features)
This project is Phase 2 of Still Meadow Village Apartments. The site is a 9.02 acre parcel
directly adjacent to the existing apartment complex. Proposed are 7 three story apartment
buildings and 2 two story apartment buildings surrounded by a total of 142 automobile parking
spaces and 5 boat parking spaces. There will also be a play equipment structure, a picnic
shelter, and a maintenance/ health center building located on site. The entry road will tie in to
the existing road"' Five of the seven three story buildings will have all or a portion of their
footprints inside the proposed fill area.
19. PROJECT PURPOSE (Describe the reason or purpose of the project, see instructions)
To construct 3 story apartment buildings. The footprints of 5 buildings fall inside the proposed
permit area.
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. REASON(S) FOR DISCHARGE
Fill material is to be placed in wetlands to give a foundation for construction of apartment
buildings and to properly raise the grade around these structures.
21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS
Sand for fill : 3,199 cubic yards
Gravelbed under slabs : 171 cubic yards
Concrete in footings and slabs : 516 cubic yards
22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS TO BE PILLED (see instructions)
0.90 acres of pine flatwoods. Track hoes, bulldozers, and dump trucks will be used.
23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? YES _ NO IF YLS, DESCRIBE THL COMPLETED WORK
24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSE'E'S. ETC., WHOSE PROPERTY ADJOINS THE WATERBODY (If more than can be
entered here, please attach a supplemental list).
Hanson O. Peterson, III, etal 5127 Honeydew Lane, Wilmington, NC 28412
Cynthia Kee 5215 Gate Post Lane, Wilmington, NC 28412
Mark R. and Melany D. Tarr 5217 Gate Post Lane, Wilmington, NC 28412
Timothy E. Jr. and Michele M. Carroll 5126 Honeydew Lane, Wilmington,NC 28412
Godfrey M. and Jelita G. Guerzon 5123 Everette Court, Wilmington, NC 28412
Michael A. and Jennifer J. Taylor 5124 Everette Court, Wilmington, NC 28412
Patrick D. and Joyce A. Hatem 5211 Gate Post Lane, Wilmington, NC 28412
Michael G. and Debra L. Guyton 5213 Gate Post Lane, Wilmington, NC 28412
Rachel L. Kersting 5219 Gate Post Lane, Wilmington, NC 28412
Anthony R. and Katherine T. Wells 5221 Gate Post Lane, Wilmington, NC 28412
Roger Lee and Lindy H. Marshall 5J21 Everette Court, Wilmington, NC 28412
25. LIST OF OTHER CERTIFICATIONS OR APPROVALS/DENIALS RECEIVED FROM OTHER FEDERAL, STATE OR LOCAL AGENCIES FOR
WORK DESCRIBED IN THIS APPLICATION.
AGENCY TYPE APPI20VAL* INDE'NTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
NA
*Would include but is not restricted to zoning, building and flood lain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I hereby certify that the information in this
application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or tun acting as the duly
authorized agent of the applicant.
SIGNATURE OF APPLICANT
DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the
statement in block 1 I has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and
willfully falsities, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations
or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be tined not more than
S 10,000 or imprisoned not more than five years or both.
m

Addition toBlock 24:
Myrtle Properties, LLC
PO Box 1144
Wilmington, NC 28402
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MARSHALL, WILLIAMS SC GORHAM, L. L. P.
ALAN A. MARSHALL (1908-1979)
LONNIE B. WILLIAMS
A. DUMAY GORHAM, JR.
JERRY C. WOODELL
WILLIAM ROBERT CHERRY, JR.
RONALD H. WOODRUFF'
LONNIE B. WILLIAMS, JR.
CHARLES D. MEIER
JOHN L. COBLE
F. MURPHY AVERITT 31[
'BOARD CERTIFIED SPECIALIST IN
WORKERS COMPENSATION LAW
ATTORNEYS AT LAW
WILMINGTON, NORTH CAROLINA
MAILING ADDRESS
P.O. DRAWER 2088
WILMINGTON, N. C.
28402-2088
Mr. John Dorney
North Carolina Division of
Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
Ms. Angie Pennock
US Army Corp of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
l:J1n?1'1
January 30, 2002
RE: Action ID #200200250
Still Meadow Village Apartments, Phase II
New Hanover County, NC
Dear Mr. Dorney and Ms. Pennock:
TELEPHONE [phone]
FACSIMILE [phone]
www.mwglaw.com
OFFICES
14 SOUTH FIFTH STREET
WILMINGTON, N.C.
28401-4539
E-MAIL:
[e-mail]
ALE
This firm represents The Lakes at Johnson Farms, Inc., the non-profit
homeowners association for The Lakes at Johnson Farms ("Lakes"), a subdivision
adjacent to the proposed Still Meadow Village Apartments, Phase II.
The Lakes has two primary objections to the Plan of Development
submitted by Still Meadow Village Limited Partnership.
First, the preliminary site plan shows that the storm water detention
pond drains into an easement (pipe) located on a drainage easement which is
owned and operated by the Lakes. The Lakes has not granted any permission to
Still Water Village Limited Partnership to utilize the Lakes' easement or pipe located
within the easement.
Second, the development of the Still Meadow Village Apartments,
Phase II, would forever create a dead end road at Honeydew Lane. Honeydew Lane
is shown as a "public right-of-way" on the map of The Lakes at Johnson Farms,
Phase VI, as shown on a map recorded in Map Book 39, Page 175, New Hanover

Mr. John Dorney
NC Division of Water Quality
Ms. Angie Pennock
US Army Corp of Engineers
Page 2
County Register of Deeds. However, the Department of Transportation will not
accept a dead end road for purposes of maintenance. Previous plans for the Lakes
showed the extension of Honeydew Lane ending in a cul-de-sac in the area
proposed for Still Meadow Village Apartments, Phase II. Such an extension and
cul-de-sac would permit Honeydew Lane to be accepted by the Department of
Transportation for purposes of maintenance.
Should you have any questions please do not hesitate to call.
Yours very truly,
MARSHALL, WILLIAMS & GORHAM, LLP

Charles D. Meier
CDM/smh
cc: Dexter Hayes
New Hanover County Planning Dept.
Dave Latham
Still Meadow Village Limited Partnership
ptv)A 0 a 001 k k)w

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOY 1890
WILMINGTON. NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF:
Regulatory Division
Action ID No. 200200250
Still Meadow Village Limited Partnership
4632 Still Meadow Village Drive
Wilmington, North Carolina 28412
Dear Sir or Madam:
January 3, 2002
JAS - 7 zaoz
Reference your application for Department of the Army (DA) authorization to discharge 3,886 cubic yards of
fill material into 6.90 acre of jurisdictional wetlands in the headwaters of Mott Creek associated with the
construction of multifamily units in Phase 2 of Still Meadow Subdivision located approximately 0.76 miles north of
the intersection of U.S. 421 (Carolina Beach Road) and N.C. 132 (South College Road), west of N.C. 132, in
Wilmington, New Hanover County, North Carolina.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency (EPA) signed a memorandum
of agreement (MOA) establishing procedures to determine the type and level of mitigation necessary to comply with
the Clean Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and
wetlands through the selection of the least damaging, practical alternative; second, taking appropriate and practical
steps to reduce impacts on waters and wetlands; and finally, compensating for any remaining unavoidable impacts to
the extent appropriate and practical. To enable us to process your application in full compliance with this MOA, we
request that you provide the following additional information:
a. Permits for work within wetlands or other special aquatic sites are available only if the proposed work is
the least environmentally damaging, practicable alternative. Please furnish information regarding any other
alternatives, including upland alternatives, to the work for which you have applied and provide justification that
your selected plan is the least damaging to water or wetland areas.
b. It is necessary for you to have taken all appropriate and practical steps to reduce wetland losses. Please
show all that you have done, especially regarding development and modification of plans and proposed construction
techniques, to reduce adverse impacts.
c. The MOA requires that appropriate and practical mitigation will be required for all unavoidable adverse
impacts remaining after all appropriate and practical minimization has been employed. Please show your plan to
mitigate for the projected, unavoidable loss of waters or wetlands or provide information as to the absence of any
such appropriate and practical measures.
This information is essential to our expeditious processing of your application and it should be forwarded to
us by February 4, 2002. Also, a copy of this information must be sent to the North Carolina Division of
Environmental Management to enable them to adequately evaluate your application for a Water Quality
Certification pursuant to Section 401 of the Clean Water Act.

If you have questions, please do not hesitate to contact Angie Pennock, Wilmington Field Office, Regulatory
Division, telephone [phone].
Sincerely,
Keith A. Harris, Chief
Wilmington Regulatory Field Office
Copies Furnished:
Mr. William L. Cox, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. David Scibetta
Mitchell and Associates, Inc.
3973 B Market Street
Wilmington, North Carolina 28403

Godfrey M. Guerzon
5123 Everette Court
Wilmington, North Carolina 28412
January 16, 2002
Department of the Army
Wilmington District
Corps of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890
ATTN: Angie Pennock
Dear Sir/Madam:
a

This letter is in response to the PUBLIC NOTICE with Action ID No. 200200250 dated
January 3, 2002. This is in regard to the application by Still Meadow Partnership of 4362 Still
Meadow Village Drive, Wilmington, NC 28412 to fill wetlands to construct multifamily units
located approximately .76 miles north of the intersection of US 421 and NC 132 in
Wilmington, New Hanover County, North Carolina.
We are a homeowner and our residence with the above address directly borders the proposed
construction. We are presenting our objection to certain parts of the proposed Still Meadow
Phase 2 construction project. Please strongly consider the following concerns before
authorizing the proposed project.
CONCERNS
1. The area is the only remaining wetland and green area that buffers two different housing
population density - single family homes at The Lakes of Johnson Farms and multi family
homes at Still Meadow Village.
2. A natural buffer zone must be maintained between these different population density
subdivisions. I believe there is a government regulatory requirement to maintain such a
natural buffer zone.
3. As we study the drawing of the proposed project, the berm currently present will be
transformed to a parking lot. If this current structure is leveled and the wetlands filled in
would cause potential flooding problem to the single-family homes at The Lakes of
Johnson Farms.
4. The parking lot and the proposed boat parking adjacent to the properties at The Lakes of
Johnson Farms will be an unsightly (ugly) site to the backyard of these properties where we
enjoy our afternoon and evening relaxation after work. This should not be taken lightly
because it could potentially lower the market value of these properties. This is a strong
public concern.
5. If the project is scaled down to construct three of the proposed 5 units within the wetlands
(see attached drawing), would (1) preserve more wetland than proposed; (2) preserve the
esthetic appearance of the neighborhood; (3) preserve the buffer zone between the housing
projects population densities; (4) prevent potential of flooding.
Please strongly consider the potential negative effect of these concerns prior to granting the
permit. We strongly oppose the application as it is presently written because the above
concerns are not yet adequately addressed.
Sincerely
Godfrey M. erz(*T+ ?
718 - work
(910)34
(2Arl 13-1740 - home
e-mail - odfrey.guerzon(i ?nhhn.or?
C.C.
ATTN: Mr. John Dorney
North Carolina Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
2
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Triage Check List
Date: l? /0
To: ?RRO Steve Mitchell Project Name 7? ` ?Lt %/w)
?FRO Ken Averitte DWQ Project Nu ber
?WaRO Deborah Sawyer County, IQ
AWiRO Joanne Steenhuis
?WSRO Jennifer Frye
FARO Mike Parker
?M Pete Colwell
From: ?- .. Telephone (919) 733-
The file attached is being forwarded to you for your evaluation. Please call if you need
assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USGW topo maps
? Minimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamilco, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and oe wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings? -
_`?Cumulative impact concernsX- Y
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7-77
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