20200616 Ver 1_NWP denial_SM final_20200730

1
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVE
WILMINGTON, NORTH CAROLINA 28403
REPLY TO
ATTENTION OF:
June 26, 2020
Regulatory Division
Action ID: SAW-2018-00870
Sent Via Email
Mr. William Schoettelkotte
1015 Military Cutoff Road
Suite 200
Wilmington, NC 28405
Dear Mr. Schoettelkotte:
Please reference your May 7, 2020 request, submitted by your agent, Mrs. Kim Williams,
for the Department of the Army (DA) authorization to discharge fill material into approximately
320 linear feet of jurisdictional stream for the construction of two homes on an existing lot at
2217 Gillette Drive, Wilmington, New Hanover County, North Carolina. Also reference our
June 19, 2020 email regarding the status of your request, as well as our May 15, 2020 Request
for Additional Information to address avoidance and minimization and the purpose and need for
your proposal.
The proposed project has been evaluated to determine whether the activity complies with
General Condition 23 (b) of the Nationwide Permits issued January 6, 2017. This condition
states:
The activity must be designed and constructed to avoid and minimize adverse effects, both
temporary and permanent, to waters of the United States to the maximum extent practicable at
the project site (i.e., on site).
Based on our review of the plans provided in the application we believe that the location of
the jurisdictional streams on the property would not preclude you from utilizing the uplands for
the location of the two homes and associated amenities. Furthermore, the homes can be shifted
to completely avoid any safety concerns associated with the development of these lots. The
proposed impact on the intermittent streams, which are the upper reaches of Jumping Run
Branch, will have a negative impact on the water quality functions of this tributary and its
receiving waters. These streams have a drainage area of approximately 0.5 m2 which is
comprised of residential development and a golf course and parts of Independence Boulevard.
The northern stream extends approximately 2,300 linear feet upstream from the subject property
and is mainly open with a small wooded riparian area for most of the length. The stabilized
2
streams, with their riparian zones, collectively provide the following functions in this urbanized
area: removal of pollutant and accumulated sediments, treatment of stormwater runoff and other
water quality functions, reduction of storm water flow, and provides habitat for pollutant tolerant
aquatic organisms.

Accordingly, we have determined that your proposal, in its present form, does not comply
with the conditions attached to the NWP’s and thus your request has been denied. As discussed
with Mrs. Williams, our recommendation is to utilize all available high ground on the lot prior to
any proposed impact to waters. By avoiding impacts to Waters of the U.S. and utilizing the
available high ground a permit from the Corps will not be required.

Should you have any questions or comments regarding this matter, please contact Rachel
Capito, Wilmington Field Office, at telephone [phone] or
[e-mail].

Sincerely,

C. Scott McLendon,
Chief, Regulatory Division
Wilmington District

Copies Furnished:

Mr. Robb Mairs, DWR

MCLENDON.C.SC
OTT.1229682071
Digitally signed by
MCLENDON.C.SCOTT.12296820
71
Date: 2020.06.25 17:35:37
-04'00'