19920430 Ver 1_COMPLETE FILE_19920828

State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary August 28, 1.992 Acting Director
Mr. Richard R. Lewchuk
2201 Ocean Point Drive
Wilmington, NC 28.405
Dear Mr. Lewchuk:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed bulkhead and lot fill
Project # 924.30 COE # 19920.2990
New Hanover County
Attached hereto is a copy of Certification No. 2776 issued
to Mr. Richard Lewchuk dated August 28, 1992.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
. Preston Howard, Jr. P.E.
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Regional Office
Wilmington DEM Regional Office
Mr. John Dorney
Mr. John Parker
Central Files
Charlie Hollis
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 9 19/486-154 1 704/663-1699 9 19/57 1-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
... ti k
1
NORTH CAROLINA
New Hanover Count
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
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to Richard Lewchuk pursuant to an application filed on the 30 day
of July 1992 to construct a bulkhead and lot fill.
The Application provides adequate assurance that the
discharge of fill material into 0.04 acres of wetlands. and waters
in conjunction with the proposed bulkhead and lot fill in New
Hanover County 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
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.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream. is 25 NTU's or less,are
not considered significant).
Violations of any condition herein set forth sha11 result in
revocation of this-Certification.
This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
This the 28th day of August, 1992.
DIVISION OF ENVIRONMENTAL MANAGEMENT
i
reston Howard, J P.E.
WQC# 2776
Ir, 44
w,t s
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
James G. Martin, Governor
William W. Cobey, Jr., Secretary
July 22, 1992
TO: A. Preston Howard, Jr., P.E., Acting Director
Division of Environmental Management
FROM: John R. Parker, Jr., Chief
Major Permits Processing Section
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Richard R. Lewchuk
Roger N. Schecter
Director
RECEIVED

Wilmington Regionai Office
r?,e
Project Location: New Hanover County, Landfall Subdivision, Lot #4, Howe Point Place
on Howe Creek.
Proposed Project: The applicant proposes to place a retaining wall on his existing
lot in order to build a single family residence on the filled portion. He also
proposes to redirect an existing drainage to the sideline of his property in order to
lessen the potential threat to the proposed residence frcm water underneath.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by August 12, 1992. If you have any questions regarding the proposed
project, please contact Bob Stroud at extension 249. When appropriate, in-depth
comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
This agency has no cmrivernt on the proposed project.
This agency approves of the project, only if the reccuuended
changes are incorporated. See attached.
This agency objects to the project for reasons described in the
attached co mwmts .
Signed (?lr Date
127 Cardinal Drive Fmcn,ion • \Vilrnin?ton, North ( andina 28405- 84i • ldcphnnc (919) V)5 3()(X) • Fu (919) 350-2(X)4
An Fund ( )PI-rtunity All-native A(tiim I mpl)vcr
To: Jo rney
P1 g Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CANA MAJOR PERMIT APPLICATION REVIEW WETLANDS
tn/('t.r0lln,ll,
PROJECT NAME: Richard R. Lewchuk
COUNTY: New Hanover Project #: 92430
STREAM OR ADJACENT WATER BODY: Howe Creek
CLASS: SA ORW
OPEN OR CLOSED: Open Primary Nursery Area
STORMWATER PLAN REQ'D: No
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: The applicant proposes to construct a
retaining wall and fill approximately 1,500 sq. ft. of 404
wetlands in'order to build a single family residence on his lot.
Also proposed is the redirection of an existing drain on the
property. ,The COE has determined that the wetlands that the
applicant proposes to fill are above headwaters. It is unclear
how this determinat was made.
S S
REVIEWER: Gregs n JOINT NOTICE: No
DATE APP. REC'D: 08/07 RECOMMENDATION: Issue
RETURNED: (ISSUE/DENY/OTHER)
RESUBMITTED:
INITIAL REPORT
FINAL REPORT: 92/08/17
WATER QUALITY CERT. (401)
CERT. REQ'D: Yes
IF YES, TYPE: General Certification #2671 for Headwater
Wetlands
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: County Sewer
(EXISTING, PROPOSED, SEPTIC TANK ETC.)
TO BE PERMITTED BY: N/A
(DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A
WATER/WETLAND FILL
AREA OF FILL: WATER: N/A
WETLAND: 1,500 sq. ft.
IS FILL ELIMINATING A SIGNIFICANT USE? No
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? N/A
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: N/A
MARINA SERVICES: N/A
OXYGEN IN BASIN: N/A
CLOSURE OF SHELLFISHING WATERS: N/A
(ATTACH A MARINA USE ATTAINABILITY EVAL.)
92430.Au
Page Two
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS:
Two main concerns were identified during a preliminary
review of this project in May of this year. One was the apparent
failure of a stormwater infiltration system receiving runoff from
Howe Point Place which discharges overflow water into the drain
at the front of the Lewchuk Property. The other was the
applicants proposal to reroute stormwater through the subject
property and discharge it into Howe Creek. During early meetings
with the applicant and Landfall representatives it was stated that
for this office to make positive recommendations on this project
the infiltration system would have to be corrected and the
process of rerouting stormwater through the property would have
to afford equal or better treatment of the stormwater than that
which the wetlands on the property were currently providing. Per
the attached memo, it is my understanding these two issues have
been resolved.
JHG:92430.Aug
cc: Central Files
Wilmington Regional Office Files
DCM-Bob Stroud
John Parker

This agency has no objection to the project as proposed.
This agency has no ccmiient on the proposed project.
This agency approves of the project, only if the reccermended
changes are incorporated. See attached.
This agency objects to the project for reasons described in the
attached c c mrents.
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
James G. Martin, Governor
William W. Cobey, Jr,, Secretary
July 22, 1992
TO: A. Preston Howard, Jr., P.E., Acting Director
Division of Environmental Management
FROM: John R. Parker, Jr., Chief
Major Permits Processing Section
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Richard R. lewchuk
Roger N.
Project Location: New Hanover County, landfall Subdivision, Lot #4, Howe Point Place
on Howe Creek.
Proposed Project: The applicant proposes to place a retaining wall on his existing
lot in order to build a single family residence on the filled portion. He also
proposes to redirect an existing drainage to the sideline of his property in order to
lessen the potential threat to the proposed residence from, water underneath.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by August 12, 1992. If you have any questions regarding the proposed
project, please contact Bob Stroud at extension 249. When appropriate, in-depth
comments with supporting data are requested.
REPLY
Signed
S-T 11
r
Date
127 Cardinal I)rive Extension • Wilmington, North Carolina 28&1053845 • Iclcphonc (919) 395 39(X) • Fax (919) 35(}2004
An Equal Oppominity Affirmative Action Employer
_ DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
f
1. Applicant's,pame Richard R. Lewchuk
2. Location of 46roject site New Hanover County, Landfall Subdivision, Lot #4, Howe
Point Place on Howe Creek.
PHOTO INDX: 1989: 4-174-10 Grid 1984: 18-230 Grid B-23
STATE PLANE COORDINATES: X: 2358600 Y: 0185100
3. Investigation type: Dredge & Fill No CAMA Yes
4. Investigative procedure: (A) Dates of site visit 04/28/92 07/02/92
(B) Was applicant present Agent No
5. Processing procedure: Application receivedcc07/02/92 Office WiRO
6.
7.
Site description:
(B) AEC(s) involved:
(C) Water dependent:
(D) Intended use:
Yes No X Other
Public Private X Commercial
(E) Type of waste water treatment: Existing N/A
Planned Community System
(F) Type of structures: Existing N/A
Planned Single family residence with drive and revolved drain.
(G) Estimated annual rate of erosion N/A Source
Habitat description:
(A) Vegetated wetlands:
High 11404" Wetlands
(B) Non-vegetated wetlands:
(A) Local Land Use Plan Wilmington, New Hanover
Land Classification from LUP Resource Protection
Ocean Hazard Estuarine Shoreline X
Coastal Wetlands Public Trust Waters
Estuarine Waters Other ORW
APPX. 1500 sf
(C) Other:
High Ground APPX. 26,293 sf
(D) Total Area Disturbed: APPX. 27,793 sf
(E) PRIMARY NURSERY AREA: YES X NO
(F) WATER CLASSIFICATION: SA OPEN: YES X NO
8.
Project Summary
AREA
Dredged Filled Other
the sideline of his property in order to lessen the potential threat
to the proposed residence from water underneath.
9. PROJECT DESCRIPTION
The proposed project is located within the Pembroke Jones Park
portion of the Landfall Subdivision on Howe Point Place on an upper
arm of Howe Creek. This area is within the outstanding Resource
Water (ORW) Area of Environmental Concern Classification. There is
an existing drain on the property which extends landward from the
waters' edge. This drain separates the lot into two segments of
highground divided by the wetland pocket. There is an existing
border of Spartina alterniflora along the shoreline of the property
crossing the drain. Just landward of this species there is a fringe
of Juncus romerianus across the drain. Still further landward in the
drain are several stems of Scirpus step. This species can be confused
with Spartina alterniflora on casual observation. Other non-
identified fresh water species have developed in the drain above the
Scirpus. These higher wetlands are under the exclusive jurisdiction
of the Corps of Engineers. In fact, a Nationwide Permit #26 was
issued for a retaining wall on the property to be aligned
approximately 50' landward of the mean high water contour. The
letter of authorization for this document was dated December 31,
1992. The existing drain on the property has been described by some
as a significant feature and the implication has been that it is a
natural feature which drains a significant area. My field
observations indicate, as well as the Corps Nationwide Permit issued
for areas above headwaters, that the drain stops at the road. The
topography across the road is such that it does not appear likely
that any significant upstream alteration resulted from the creation
of the road. The origin of the water in the drain appears to be
linked to two sources. The first is seepage from the slopes of the
property. The other is a drain which apparently connects to an
infiltration trench located across the road. There was a slow but
steady flow observed from this drain which suggested that the
infiltration system is not functioning correctly.. This fact has been
established by a study done at the request of the Division of
Environmental Management by Landfall Associates and reported to DEM
in early June. A copy of this report has just become available to
this Division, although an earlier memo had been received referring
to the infiltration system and the acceptance by DEM of the upgrade
of the system proposed by Landfall Associates. This portion of the
Creek is classified as SA and is open to shellfishing. The area is
also designated primary nursery area.
The applicant is proposing to construct a retaining wall across the
existing drain and backfill landward of the structure. In order to
accomplish this proposed work he also proposes to re-route the
existing drain ditch toward the southern property line. A residence
and drive is also proposed. The drainage ditch will consist of an
excavated trench approximately 21" wide at the bottom. The trench
will be lined with rip rap stone encased by a filter cloth lining.
A perforated pipe will convey the existing discharge from the
infiltration system drain down the course of the trench over the rip-
rapped material. A 18" radius plastic porous safety cap will be
placed over the trench. Fill material will be used above this pipe
to create a vegetated swale which will convey the run-off from the
adjacent lot to the south and ground seepage run-off originating on
the lot toward the existing creek. (Figure 4). The structure will
terminate just waterward of the proposed bulkhead into a rip-rapped
area. The retaining wall will be approximately 50' landward of the
mean high water (mhw) contour. This structure will also be
approximately 20' landward of the mixed high marsh area. The
residence is proposed to be located approximately 75' landward of the
mhw contour.This locates it approximately 25' landward of the
proposed bulkhead. The house plan on figure 2 shows the house as
approximately 2700 s.f. in area. The drive and walks will be
approximately 3000 s. f. and the detached garage will be approximately
770 s.f. The total built upon area will be approximately 6470 s.f.
The applicant has calculated a lot size of approximately 26,293 s.f.
upon which to base his density calculation. In a separate action the
developers have indicated that additional infiltration line will be
added to the existing system across the existing road. This should
significantly reduce the amount of water now entering the applicants
property through the existing drain.
10. ANTICIPATED IMPACTS
The proposed project is located within an ORW Area of Environmental
Concern. The activity requires major CAMA permit authorization. The
fact that a Corps Nationwide #26 was required for the retaining wall
has elevated the action to the major permit category. The retaining
wall alignment will consume approximately 1500 s.f. of high 11404"
wetlands. The Nationwide permit authorizes this action. There may
be a conflict with this action and the land use classification of
resource protection. The project is also within the county's
conservation overlay district with respect to zoning. There is a
requirement of a 75' "no-build" area within this special zoning area.
There is an apparent dispute between the applicant and the New
Hanover County Zoning Office concerning the application of this
setback. The applicant has requested a variance from the zoning
board of adjustment for a change in the reference point from which
to measure the 75' and also for a variance to alter the drainage way.
His request was denied and is presently being adjudicated in Superior
Court. The proposed project appears consistent with CAMA regulations
as they guide development within the ORW AEC. The built- upon area
does not exceed 25%. The re-routing of the drainage way is not a
storm water management scheme. Corps authorization has been obtained
to fill their jurisdictional wetlands.
Submitted by: C. Robert Stroud, Jr. Date: July 14, 1992 Office: Wilmington

Please type or print. Carefully describe all an-
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write NIA (not ap-
plicable). Items 1-4 and 8-9 must be completed for
all projects.
1APPLICANT -- _ ...• -:_::?_
a. Name CNf??? Lt Ei?-?-is
Address 138 ceseav?-a?2e'sz • Dl? .
City W1Ln11NGTbhf State NC
Zip 23?Wt?,9 Day ph- a 913__.39.2-ra833
Landowner or Authorized agent
b. Project name (if any)
d. Describe the planned use of the project.
kbm? 5 rrE
-LAND AND WATER
HA RA /?+RI „-• c? L•i.i
a. Size of entire tract
b. Size of individual lot(s) Amax 2S. ?zF-r_
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum -S_" I o / S'
d. Soil type(s) and texture(s) of tract
:?v?1?1 ID924"
e. Vegetation on tract
on tract
f
c. If the applicant is not the landowner, also give' . Man-made featukes V1PC_
the on???{{'s name and address. g. What is the CAMA Land Use Plan Classifica-
w/ CS ran 12. 1.A-_ Qr_40K . . tion of the site? (Consult the local land use
voN , ? 111
nservacion Transitional
eveloped ? Community
2 LOCATION OF PROPOSED ural Ocher
PROJECT :APf2 15h• ow is the tra zoned by local government?
pia r D F)"V 74 c-
DIVISI?,{V ow are adjacent waters classified? 02GJ
a. Street address oar peconda road number COASTAL MWQW;Egfessional archaeological ;urvey been
LOT V Ito WE S PD/NT PLAcf carved out for the tract? NIU
b. City, town, community, or landmark If so, by whom?
LMNDFgci 1Lh11HerVN G
c. County Alai-) No Va12 ?••:,«: ,
d. Is proposed work withi city limits or planning 5 UPLAND DEVELOPMENT;:,,;
jurisdiction? V&-'S ?ovN?-y
e. Name of b y of water nearest project Complete this section if the project includes any
wE 'Gkg-e-x upland development.
3 DESCRIPTION AND PLANNED,
USE OF PROPOSED PROJECT
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier).
B U(_J.e4aJgV *_-8p+c.K1=1LL oN
9E51DdW7-) IV L Lo -r
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project, pew wor , or both?
A rw o1e<
c. Will the project be for community, private, or
commercial use?
P1'Z tvgTE
a. Type and number of buildings, facilities, or
structures proposed
DNE rP_ye-
b. Number of lots or parcels J
c. Density (Give the number of residential units
and the units per acre.)
d. Size of area to be graded or disturbed
Y3 aa._G v,*-
e. If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
submitted to the Division of Land Resources?
f. Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
pcrmeable surfaces, such as pave ent,
buildings, or rooftops. M0
* List the materials, such as marl, paver stone,
asphalt, or concrete, to be used for paved
surfaces.
h. If applicable, has a stormwater management
plan been submitted to the Division of En-
vironmental Management?
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
l'o.fr err ?.r i d-?
b. Amount of material to be excavated from
below water level in cubic yards
c. Type of material
d. Does the area to be excavated include m rsh-
land, swamps, or other wetlands?
e. High ground excavation, in cubic yards
f. Dimensions of spoil disposal area
g. Location of spoil disposal area _
h. Do you claim title to the disposal area?=_.
j. Have these facilities received state or local If not, attach a letter granting permission from
approval?
k. Describe existing treatment facilities.
i. the owner.
Will a disposal area be available for future
maintenance?/ _
If so, where?
j. Does the disposal area include any marshland,
1. Describe location and type of discharges to swampland,'or water areas? _
waters of the state (for example;, surface runoff, k. Will the fill material be placed below mean
sanitary wastewater, industrial/commercial
"
"
1
• high water? n
Amount of fill in cubic yards
wash do
).
effluent, or .
rri. Type of fill material
n. Source of fill material
M. Water supply source o. Will fill material be laced on
A
410
y
?F
n. If the project is oceanfront development,
describe the steps that will be taken to main- p. wa
es
r.s
wetlands?
Dimensions of the wetland to be filled. /0'X /so'?
tain established public beach accessways or pro- ?f} w will excavated or fill material be kept on

vide new access. E t L1
" and erosion controlled.'

CS
I
>.:?
Y°? ? ? G
LQKFFCk1D 5/L.T F6r

10
o. If the project is on the oceanfront, what WE- R 15
• What type of construction equipment will be
be the elevation above mean sea level of the`
N OF used (for example, dragline, backhoe, or
ulic dredge)? ,,8r-A< 0,W
first habitable floor? DI V?iSIO
rnASTAL MANAGEM ?

6 EXCAVATION AND FILL r Will wetlands be crossed in transporting equiv-
INFORMATION
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland?r-4moew
Sim
Upland fill
areas

ment to the project site?_6LO If yes, explain
the steps that will be taken to lessen en-
vironmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead ep-p+pmp SD 1
b. Average distance waterward of mean high water
or normal water level SD'
c. Shoreline erosion during preceding 12 months,
in feet 07VE
d. Type of bulkhead matenal Woo D
e. Amount of fill, in cubic yards, to be placed
below mean high water 14 0m E
f. Type of fill material 5oi-_
2

g`ADDITIONAI:,INFORMATION
In addition to the completed application form, the
following items must be submitted:
A Copy of the deed (with state application only) or
other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
CoaPs Nk/P 2.4, - NPre0"A1_ __PAM
Ore- 1" )V UIM n C? icb o ?a
ZJ 14 172 W Q C. 01* 26 7 0
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
An accurate work plat (including plan view and A statement bn the use of public funds. If the
cross sectional drawings) drawn to scale in black project involves the expenditure of public funds, st-
ink on 8 % x 11 white paper. (Refer to Coastal tach a statement documenting compliance with the
Resources Commission Rule 7J.0203 for a' de-railed- rolina Environmental Policy Act
description.) i I } j 113A-1 to 10).
A,
Please note that original drawings are prefe d TIFICATION AND PERMIS
only high quality copies will 'be accepted. Blue-line +? S ly?l 4 _
prints or other larger plats are acceptable only if 1 SION TO ENTER ON LAND—
high quality copies are provided by the applicant. D1V1S!0P1
(Contact the U.S. Army Corps of Er'gineets,ga?rAL MANA issued in response to this application
ing that agency's use of larger drawings.) A ?b++++kk wi alow only the development described in the
location map is a part of plat requirements and it application. The project will be subject to condi
must be sufficiently detailed to guide agency per- tions and restrictions contained in the permit.
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like. I certify that to the best of my knowledge, the pro-
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113.229(d).
Name g?m;r'r S. 1Vg1eg&W DRyrS
Address ZD GLEN lealqp
oTC m p c . /?? a 24)SSY
Name 1.es /106crcT A cWNS
Address oo < w cE
Ci?rt?syic?F ? A ZZ9o /
Name
Address
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I further certify that 1 am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with
evaluating information related to this permit ap-
plication and follow-up monitoring of project.
This is the ? day of c
19?_.
X
- ewner-er Authorized agent
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
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May 15, 1992
Mr. Paul Rawls
NC Division of Environmental Management
127 Cardinal Drive Ext.
Wilmington, NC 28405
Re: Pembroke Jones Park at Landfall
Howes Point Place
Dear Mr. Rawls:

WETLANDS GROUP
WATER QUALITY
RECEIVED
18 1992
VAIM1119ton Regional Offlo
DEM
Per our meeting on Thursday, this letter is to advise you
that we will be prepared to discuss remedial action on the
stormwater infiltration system within two weeks.
If you have any questions in the meantime, do not hesitate
to call.
Sincerely,
. Keith Cooper
LANDFALL ASSOCIATES
cc: Mr. R.R. Lewchuk
LANDFALL ASSOCIATES 0 P.O. BOX 5368, HANOVER CENTER STATION • WILMINGTON, NORTH CAROLINA 28403 0 919-256.6111
x
a
May 29, 1992
Mr_ Dave Adkins
Division of Environmental Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Pembroke Jones Park at Landfall
Howe's Point Place Infiltration
Dear Mr. Adkins:
RECEIVED.
'JUN 2 190?
Wilmington : --;d
QUA
As we discussed at our meeting two weeks ago, Landfall has
reviewed the conditions causing the infiltration line
between lots 10 and 11 block 15 to not drain according to
NCDEM standards. We employed Soil Tech Engineering to
determine soil and water table conditions. A copy of Soil
Tech's report is attached.
The soils investigation indicated that the infiltration
system is not emptying properly due to a poorly drained
clayey sand surrounding the bottom half of the
infiltration line. As expected due to the topography,
there was no indication of groundwater influence on the
system.
The current infiltration system consists of 240 if of
24-inch perforated pipe laid in an 8' ,de by 4' deep
stone trench. It is our plan to improve the infiltration
by extending a new line parallel to Howe's Point Place
toward soil boring locations 2 and 3.
Since the bottom half of the existing line is not
functioning properly, we propose to extend 120 if of
24-inch perforated pipe in an 8' by 4' stone bed. This
will add 50 percent to the capacity of the existing system
and essentially replace the bottom half of that system.
We are proceeding to obtain quotes for the proposed work.
We appreciate any input DEM has regarding the viability of
our proposal.
LANDFALL ASSOCIATES 0 P.O. BOX 5368, HANOVER CENTER STATION 9 WILMINGTON, NORTH CAROLINA 28403 0 919-256.6111

Mr. Adkins
May 29, 1992
Page Two
We assume that by our improvements to the infiltration
system on Howe's Point Place, DEM will now be in a
position to comment on the proposal by Mr. Richard Lewchuk
to perform his work on lot 4. If this is not the case, we
would like to know what other criteria must be met.
Please do not hesitate to call if there are any questions
or comments regarding this matter.
Sincerely,
S. Keith Cooper, P.E.
LANDFALL ASSOCIATES
enclosure
LrJ
ENGINEER/,
7650 MARKET STREET
WILMINGTON, NORTH CAROLINA 28405
OFFICE: 919-686-9114
FAX: [phone]
May 29,.1992
Landfall Associates
Post Office Box 5368
Wilmington, North Carolina 28402
Attention: Mr. Keith Cooper
Reference: Subsurface Soils Evaluation
Howes Point Drive
Landfall Development
Wilmington, North Carolina
Job No. 143-92
Dear Mr. Cooper:
Soil Tech Engineering, Inc. has recently completed a study
of the subsurface soils found along Howes Point Drive within the
Landfall Development. The purpose of this evaluation was to determine
the subsurface conditions along to a stormwater- discharge line and to
determine the suitability of the subsurface soils for stormwater
infiltration in adjacent areas.
On May 21, a test pit was excavated next to the existing
infiltration discharge line. The line is a 24 inch diameter
perforated pipe which appeared to be laid on, North Carolina Department
of Transportation (NCDOT) graded #57 stone. Our investigation found
that the upper- 5 feet of subsur ace soils was .a tan relatively clean
sand which was underlain to tihe dept`; oF the ex, aviation with red/gray
mottled firm ciayey sand. We also observed the discharge pipe was
half full of water discharge water. It is our opinion that the lower
firm clayey sand is preventing the infiltration of the collected
stormwater at an acceptable rate. Although some. infiltrating is
occurring, collected stormwater is being held within the existing
discharge pipe longer than the, maximum 5 days specified under the
current state regulations for the collection and discharge of
stormwater.
On May 22, 1992, an additional study of the soils in the
vicinity of the existing infiltration line was conducted. The purpose
of this study was to locate suitable soils for additional infiltration
of the collected stormwater. At five randomly-Se„ected locations
along the western edge of Hcwes Point Drive, a hand auger probe was
advanced to six feet below the present ground surFace. At each,
location the various soils encountered were classified by depth and"
samples of each strata was delivered to our laboratory. Once
received, selected samples were tested for grain size analysis in
accordance with the American Society for Testing- and Materials (ASTM)
procedures entitled ASTM D-422, "Particle Size Analysis of Soils."
Landfall Associates
May 29, 1992
Page Two
Based on our field and laboratory testing the majority of
the soils encountered appeared to be acceptable for infiltration of
stormwater. However, at Location #4 similar soils as those found
adjacent to the existing discharge pipe were encountered. It is our
opinion that without actual infiltration testing an accurate rate of
infiltration of stormwater can riot be determined. It is our opinion
that by adding additional infiltration discharge lines from the
present catch basin collection point, that this additional line will
allow discharge of the collected waters. The area along Howes Point
Drive south of the catch basin appears to be the best area to
infiltrate collect-Pd stormwater.
Attached Please find thie results of our field and
laboratory testing and a sketch showing the test locations. If you
have any questions or if we can provide farther assistance with this
project, please do not hesitate to contact us.
Very truly yours,
SOIL TECH ENGINEERING
rks
v
James Pate, P .E .
PADjr:JPitlc
143a5-29
Attachments

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Location:
Depth
Sieve size
#10
#40
#80
#200
Percent
Moisture:
Soil
Description:
Grain Size Analysis
Howes Point Drive
Landfall Development
Wilmington, North Carolina
Job No. 143-92
Test Pit #1 #2 #3 #4 #5
0-72" 12-36" 12-70" 48-72" 36-72"
Percent Passing, By Weight

99.8 99.0 98.7 99.7 98.4 99.6
98.1 98.3 97.4 94.5 95.5 97.9
-32.4 26.0 24.3 18.2 28.7 18.5
21.5 14.3 10.7 15.2 21.6 8.3
25.1 10.9 9.1 7.5 14.9 5.1
Tan/Gray Brown/Tan Brown Tan Brown Brown
Clayey Clayey Clayey Clayey Clayey SAND
SAND SAND SAND SAND SAND
i•
Site Evaluation
Howes Point Drive
Landfall Development
Wilmington, North Carolina
Job No. 143-92
May 22, 1992
Location Depth Description
#1 0-72" Brown/Tan Clayey Fine to Medium SAND
No groundwater was encountered to depth investigated.
#2 0-12" Gray Slightly Silty Fine to Medium SAND
12-36" Brown Fine to Medium SAND
36-72" Brown Clayey Fine to Medium SAND
No groundwater was encountered to depth investigated.
#3 0-12" Gray Slightly Silty Fine to Medium SAND
12-24" Brown Fine to Medium SAND
24-48" Tan Clayey Fine to Medium SAND
48-72" Brown Clayev Fine to Medium SAND
No groundwater was encountered to depth investigated.
#4 0-24" Gray Slightly Silty Fine to Medium SAND
24-36" Brown Fine to Medium SAND with Roots
36-48" Brown Fine to Medium SAND
48-72" Brown Clayey Fine to Medium SAND
No groundwater was encountered to depth investigated.
#5 0-12" Gray Slightly Silty Fine to Medium SAND
12-24" White/Tan Silty Fine to Medium SAND
24-36" Brown Silty Fine to Medium SAND
36-72" Tan Fine to Medium SAND
No groundwater was encountered to depth investigated.
JUN 29 192 14:41 NRCD DCA/FAYETTEVILLE
477 P01
it
DIVISION OF ENVIRONMENTAL MANAGEMENT
D
rune'29, "1992
?: . i111."
TOs Bob Stroud
CARA, Wilmingt egional Office
1..?`
THROUGH: Dave A kin
water Qu ity, ilmington Regional office
From: Paul R wl /
Water ualz , Fayetteville Regional office
Subject: Lewchuck Property
Pembroke Jones Project
New Hanover County

Per my conversation today with Mr. Dave Adkins it is my understanding
that the necessary information addressing the infiltration system has been
furnished to the Wilmington water Quality section. Mr. Adkins indicates that
the proposed repairs to that system are in keeping with the request that was
made to Pembroke Jones Project in May of this year. Further, it is my
understanding that all necessary information has been furnished to the
Wilmington Office as to the routing of stormwater through the subject property
and that the Wilmington water Quality Section has no objections to the site
modifications as indicated in the information submitted for atormwater

"?'djif
May 15, 1992
Mr. Paul Rawls
NC Division of Environmental Management
127 Cardinal Drive Ext.
Wilmington, NC 28405
Re: Pembroke Jones Park at Landfall
Howes Point Place
Dear Mr. Rawls:

RECEIVED
SM. 18 1992
VAIMIngton Regional Offict
DEM
Per our meeting on Thursday, this letter is to advise you
that we will be prepared to discuss remedial action on the
stormwater infiltration system within two weeks.
QS?GIj ??eSJ?U
t
If you have any questions in the meantime, do not hesitate
to call.
Sincerely,
. Keith Cooper _
LANDFALL ASSOCIATES 1?V3W??bNbW
N01S1? a1Sb0?
cc: Mr. R.R. Lewchuk
LANDFALL ASSOCIATES • P.O. BOX 5368, HANOVER CENTER STATION • WILMINGTON, NORTH CAROLINA 28403 0 919.2566111

May 29, 1992
Mr_ Dave Adkins
Division of Environmental Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Pembroke Jones Park at Landfall
Howe's Point Place Infiltration
Dear Mr. Adkins:
a gg
N1P
?pPSIPL
,
.r•d
RECEIVED.
'JUN 2 19°?
Wilmin&Ul .
BEM
As we discussed at our meeting two weeks ago, Landfall has
reviewed the conditions causing the infiltration line
between lots 10 and 11 block 15 to not drain according to
NCDEM standards. We employed Soil Tech Engineering to
determine soil and water table conditions. A copy of Soil
Tech's report is attached.
The soils investigation indicated that the infiltration
system is not emptying properly due to a poorly drained
clayey sand surrounding the bottom half of the
infiltration line. As expected due to the topography,
there was no indication of groundwater influence on the
system.
The current infiltration system consists of 240 if of
24-inch perforated pipe laid in an 8' wide by'4' deep
stone trench. It is our plan to improve the infiltration
by extending a new line parallel to Howe's Point Place
toward soil boring locations 2 and 3.
Since the bottom half of the existing line is not
functioning properly, we propose to extend 120 if of
24-inch perforated pipe in an 8' by 4' stone bed. This
will add 50 percent to the capacity of the existing system
and essentially replace the bottom half of that system.-
We are proceeding to obtain quotes for the proposed Work.
We appreciate any input DEM has regarding the viability of
our proposal.
LANDFALL ASSOCIATES • P.O. BOX 5368, HANOVER CENTER STATION 9 WILMINGTON, NORTH CAROLINA 28403 0 919-256-6111

Mr. Adkins
May 29, 1992
Page Two
We assume that by our improvements to the infiltration
system on Howe's Point Place, DEM will now be in a
position to comment on the proposal by Mr. Richard Lewchuk
to perform his work on lot 4. If this is not the case, we
would like to know what other criteria must be met.
Please do not hesitate to call if there are any questions
or comments regarding this matter.
Sincerely,
S. Keith Cooper, P.E.
LANDFALL ASSOCIATES
enclosure

;S
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coPS.?P?.

7450 MARKET STREET
WILMINGTON, NORTH CAROLINA 28405
OFFICE: 919-686-9114
FAX: [phone]
May 29,.1992
Landfall Associates `e
Post Office Box 5368
Wilmington, North Carolina 28402 v ?U1.
Attention: Mr. Keith Cooper D,??S?ONPM?N
Reference: Subsurface Soils Evaluation ppAS?AI' MP
Howes Point Drive
Landfall Development
Wilmington, North Carolina
Job No. 143-92
Dear Mr. Cooper:
Soil Tech Engineering, Inc. has recently completed a study
of the subsurface soils found along Howes Point Drive within the
Landfall Development. The purpose of this evaluation was to determine
the subsurface conditions along to a stormwater discharge line and to
determine the suitability of the subsurface soils for stormwater
infiltration in adjacent areas.
On May 21, a test pit was excavated next to the existing
infiltration discharge line. The line is a 24 inch diameter
perforated pipe which appeared to be laid on North Carolina Department
of Transportation (NCDOT) graded #57 stone. Our investigation founu
that the upper 6 feet of subsurFace soils was a tan relatively clean
sand which was- underlain to the depth of the excavation with red/gray
mottled firm clayey sand. We also observed the discharge pipe was
half full of water discharge water. It is our opinion that the lower
firm clayey sand is preventing the infiltration of the collected
stormwater at an acceptable rate. Although some infiltrating is
occurring, collected stormwater, is being held within the existing
discharge pipe longer than the maximum 5 days specified under the
current state regulations for the collection and discharge of
stormwater.
On May 22, 1992, an additional study of the soils in the
vicinity of the existing infiltration line was conducted. The purpose
of this study was to locate suitable soils for additional infiltration
of the collected stormwater. At five randornly-selected locations
along the western edge of Howes Point Drive, a hand auger probe was
advanced to six feet below the present ground .surface. At each
location the various soils encountered were classified by depth and
samples of each strata was delivered to our laboratory. Once
received, selected samples were tested for grain size analysis in
accordance with the American Society for Testing and Materials (ASTM)
procedures entitled ASTM D-422, "Particle Size Analysis of Soils."

P.
Landfall Associates
May 29 , 1992
Page Two
TD psaV
JUL Y6 1992.
p1V1S10N QF
SZA? MXt'P,GEM0
Based on our field and laboratory testing the majority of
the soils encountered appeared to be acceptable for infiltration of
stormwater. However, at Location #4 similar soils as those found
adjacent to the existing discharge pipe were encountered. It is our
opinion that without actual infiltration testing an accurate rate of
infiltration of stormwater can not be determined. It is our opinion
that by adding additional infiltration discharge lines from the
present catch basin collection point, that this additional line will
allow discharge of the collected waters. The area along Howes Point
Drive south of the catch basin appears to be the best area to
infiltrate collected stormwater.
Attached please find the results of our field and
laboratory testing and a sketch showing the test locations. If you
have any questions or if we can provide farther assistance with this
project, please do not hesitate to contact us.
PADjr:JP/tlc
143a5-29
Attachments
Very truly yours,
SOIL TECH ENGINEERING
•rks A. -caning,
James Pate, P.E.

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Location:
Depth
Sieve Size
#10
#40
#80
#200
Percent
Moisture:
Soil
Description:
Grain Size Analysis
Howes Point Drive
Landfall Development
Wilmington, North Carolina
Job No. 143-92
Test Pit #1 #2 #3 #4 . #5
0-72" 12-36" 12-70" 48-72" 36-72"
Percent Passing, By Weight

99.8 99.0 98.7 99.7 98.4 99.6
98.1 98.3 97.4 94.5 95.5 97.9
-32.4 26.0 24.3 18.2 28.7 18.5
21.5 14.3 10.7 15.2 21.6 8.3
25.1 10.9 9.1 7.5 14.9 5.1
Tan/Gray Brown/Tan Brown Tan Brown Brown
Clayey Clayey Clayey Clayey Clayey SAND
SAND SAND SAND SAND SAND
Gig,,
: AVII
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May 22, 1992
Site Evaluation ' al?
Howes Point Drive
Landfall Development
••
Wilmington, North Carolin
Job No. 143-92 #JUL ig
DIVISIOA OF ME11
COAL .
Location Depth Description
#1 0-72" Brown/Tan Clayey Fine to Medium, SAND
No groundwater was encountered to depth investigated.
$2 0-12" Gray Slightly Silty Fine to Medium SAND
12-36" Brown Fine to Medium SAND
36-72" Brown Clayey Fine to Medium SAND
No groundwater was encountered to depth investigated.
#3 0-12" Gray Slightly Silty Fine to Medium SAND
12-24" Brown Fine to Medium SAND
24-48" Tan Clayey Fine to Medium SAND
48-72" Brown Clayey Fine to Medium SAND
No groundwater was encountered to depth investigated.
#4 0-24" Gray Slightly Silty Fine to Medium SAND
24-36" Brown Fine to Medium SAND with Roots
36-48" Brown Fine to Medium SAND
48-72" Brown Clayey Fine to Medium SAND
No groundwater was encountered to depth investigated.
#5 0-12" Gray Slightly Silty Fine to Medium SAND
12-24" White/Tan Silty Fine to Medium SAND
24-36" Brown Silty Fine to Medium SAND
36-72" Tan Fine to Medium SAND
No groundwater was encountered to depth investigated.

1
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
• P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO July 28, 1992
Regulatory Branch
Action ID. 199202990
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
---- Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
1`5 r
a y 92
WE pMIDS D MIJOIR
WASER UAllr
Enclosed is the application of Mr. Richard R. Lewchuk, represented by
Mr. Charles Hollis, for Department of the Army (DA) authorization and a State
Water Quality Certification to place fill material in wetlands adjacent to
Howe Creek associated with development of Lot No. 4, Landfall Subdivision, 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 may be required under the provisions of Section 401 of the same
law. A DA permit will not be granted until the certification has been
obtained or waived.
In accordance with our administrative regulations, 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 by September 28, 1992, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,

G. Wayne Wright.
Chief, Regulatory Branch
Enclosure
s
t

i
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. James Herstine
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845

Please type or print,' Carefully describe all an-
ticipated developr*pt activities, including construc.
tion, excavation, ng, paving, land clearing, and
` stormwatci control. If the requested information is
noerelevant to your project, write N/A (not ap-
plicable). Items 1-4 and 8-9 must be completed for
all projects.
d. Describe the planned use of the project.
1APPLICANT
a. Name GEAR Lt E ?aa-pis ,
Address 1-58 Cai= F?arre?•Dr? .
City L41L 1NrCr+enr State NC
Zip 2RAlD.9 Day pho a 9_L9_.39.2- 833 16, Landowner or Authorized agent
b. Project name (if any)

mL 5 rrE•
LAND AND WATER
vz• . v lY•t••
-?- CHARACTERISTICS
-tea'. ..•?TZ -•
a. Size of entire tract
b. Size of individual lot(s) A/r.em Z&ja _.rm9r
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum 5'4e /S"-
d. Soil type(s) and texture(s) of tract
e. Vegetation on tract

on tract +
e fea
f
. Man-
tu
e
c. If the applicant is not the landowner, also give a
4a-=
C
'
k
the own?{'s name and address. . ,_g, What is the CAWA Land Use Plan Classifica-
/C CkAreo 12. LL'wr-i4yK . tion of the site? (Consult the local land use
22e) 1 GOC-L-Afg DI
W
V -1
1 L131114&
ON 1 4 0 tuervation Transitional
d ? Communit
l
y
ve
ope
2 LOCATION OF PROPOSED ?y ? - uml Other
:APR 1 Sh
?
c
l
`
d b
l
PROJECT government
a
.
How is the tract zone
y
o
Cc
c e-
ri 4 -

. ..
-
.a 1
DIV1S10?!1 ow are adjacent waters classified? ?2W
a. road number
Street address or• ?eco dar?
,? q GQAS
Q
" TAL MA?IAi WEJ fissional archaeological urvey been
-
Lq cf
Af r
Lor- -V Ufa wE s - tattitd out for the tract? o
b. City, town, community, or landmark If so, by whom?
LKNDr?vci n.'"I'varoN G
c.

d. County air AAg/govail

Is proposed work withi city limits or planning
s:r••.: ?..
5 UPLAND DEVELOPMEN T:
jurisdiction? ya:s
e. Name of y of water nearest project Complete this section if the project includes any
_&2 we CXL-gm :.Upland development.
3 DESCRIPTION AND PLANNED,
USE OF PROPOSED PROJECT
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier). 1
B OU44EXID k _814r-KFrLL ON
RM5fDCNr)#9t_ Lo-r
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex.
isting project,, ew w•or?c, or both?
ELJ WcKK
c. Will the project be for community, private, or
commercial use?
w'rE
PR %V64-re-
a. Type and number of buildings, facilities, or
a.
structures proposed
D,uE e'Silx7YC?
b. Number of lots or parcels I
c.. Density (Give the number of residential units
and the units per acre.)
d. Size of area to be graded or disturbed
e., If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
submitted to the Division of Land Resources?
f. Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
pcrmeable surfaces, such as pave ent,
buildings, or rooftops. c n--z-

g., List the materials, such as marl, paver stone,
asphalt, or concrete, to be used for paved
surfaces.
h. If applicable, has a stoimwater management
plan been submitted to the Division of En-
virotimental Management? '
i. Describe proposed sewage disposal and/or waste
water treatment ?/ff facilities.
L?OI'1't I1tV M / ? -
j. Have these facilities received state or local
approval?
k. Describe existing treatment facilities.
b. Amount of material to be excavated from
//
below water level in cubic yards
c. Type of material Al h4
d. Does the area to be excavated include marsh-
land, swamps, or other wetlands? 47W
e. High ground excavation, in cubic yards
f. Dimensions of spoil disposal area
g. Location of spoil disposal area
h. Do you claim title to the disposal area?
i.
If not, attach a letter granting permission from
the owner.
Will a disposal area be available for future
maintenance?? _
If so, where?
Does the disposal area include any marshland,
swampland,'or water areas? _
Will the fill material be placed b low mean
high water? A711
Amount of fill in cubic yards _
Type of fill material
Source of fill material
Will fill material be placed on
wetlands? ye-s ?r..s?iwatG-c
Dimensions of the wetland to be filled. /aI X /5'0'1
-Ho%w will excavated or fill material be kept on
? and erosion controlled! -
.17ucle14"D . !5Jwr- FLTfctT
j•
1. Describe location and type of discharges to
waters of the state (for example;, surface runoff, k.
sanitary wastewater, industriallcommerciai
effluent, or "wash down"). 1•
/o Kt- Fri.
n.
M. Water supply source 77M.,Wulm 136 o•
n. If the project is oceanfront development.
describe the steps that will be taken to main- p.
rain established public beach accessways or pro- F,,l
SntSi=fa't' {
vide new access.
o. If the project is on the oceanfront, what w g Jrt•
be the elevation above mean sea level of the
first habitable floor? DIVISION OF
,nay MANAGE
6 EXCAVATION AND FILL S.
INFORMATION
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetlandw
.'
Upland fill
areas
/SO;kl /O?t
What type of construction equipment will be
used (for example, dragline, backhoe, or
At, ulic dredge).' 1?/nc-914o
Will wetlands be crossed in transporting equip-
ment to the project site?_.LL0 If yes, explain
the steps that will be taken to lessen en-
vironmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead a Opeap SD /
b. Average distance waterward of mean high water
or normal water level -SO /
c. Shoreline erosion d ring preceding 12 months,
in feet
d. Type of bulkhead material , WOO_0
e. Amount of fill, in cubic yards, to be placed
below mean high water NONE
f. Type of fill material Sor,_
2

,,V4DDITIONAI _ FORMATION
In #dditioA to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
.other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
t'nizps AIWP 26 . Ai,,oPkP4
1) 3 / C,4770 t4 97arD
'S a 2J, IQ 2 WQC 24 7/
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
An accurate work plat (including plan view and A statement bn the use of public funds. If the
cross sectional drawings) drawn to scale in black project involves the expenditure of public funds, st-
ink on 8 % x 11 white paper. (Refer to Coastal tach a statement documenting compliance with the
Resources Commission Rule 7).0203 for a` d al m Environmental Policy Act
description.) ltd ?, a? 113A-1 to 10).
-J Vx
Please note that original drawings are prefe d p CERTIFICATION AND FERMIS-
only high quality copies will *be accepted. Blue-line ApR 15 1`1`11 -?•:
prints or other larger plats are acceptable only if 16 SION TO ENTER ON LAND4-' , ?
high quality copies are provided by the applicant. DNVIS!ON
(Contact the U.S. Army Corps of Engineers , issued in response to this application
ing that agency's use of larger drawings.) A ?t?' MANa V nly the development described in the
location map is a part of plat requirements and it application. The project will be subject to condi
must be sufficiently detailed to guide agency per- tions and restrictions contained in the permit.
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like. I certify that to the best of my knowledge, the pro-
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113.229(d).
Name l a T &w dJRvrs
Address //SZO Gc.Eiy / oQo
Name-
Address
Name
Address
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
1 further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with
evaluating information related to this permit ap-
plication and follow-up monitoring of project.
This is the J V 114 day of?? c
X
?er?d0_Pmeter Authorized agent
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the US. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
3
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
Action ID. 199202990
July 28, 1992
Mr. Richard RJ`Lewchuk
2201 Ocean Point Drive
Wilmington, North Carolina 28405
Dear Mr. Lewchuk:
WETLAND' rr
On February 11, 1991, we renewed general permit No. CESAW-C080-N-000-0291
(copy enclosed), which provides Federal authorization for construction
activities that receive authorization from the State of North Carolina.
A review of your application received July 23, 1992, for Department of the
Army (DA) authorization to place fill material in wetlands adjacent to Howe
Creek associated with development of Lot No. 4, Landfall Subdivision, NSw
Hanover County, North Carolina, indicates it to be a candidate for Federal
authorization under this general permit. Accordingly, the administrative
processing of your application will be accomplished by the North Carolina
Division of Coastal Management. Comments from Federal review agencies will be
furnished to the State.
If your application must be withdrawn from this general permit process for
any reason, you will be informed regarding its further management. If there
are no unresolved differences in State-Federal positions or policies, the
final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 404 of the Clean Water Act, has been
assigned Action ID. No. 199202990 and will be coordinated by Mr. Jeff Richter,
Wilmington Field Office, Regulatory Branch. He is available at telephone
[phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure

Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr,. John Dorney
/Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
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Mr. James Herstine
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Mr. Charles Hollis
Regulatory Consultant
138 Green Forest Drive
Wilmington, North Carolina 28409
n 1
DEPARTMENT OF THE ARMY
\\?I/ WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO July 28, 1992
Regulatory Branch
Action ID. 199202990
Mr. Richard R. Lewchuk
2201 Ocean Point Drive
Wilmington, North Carolina 28405
Dear Mr. Lewchuk:

Reference your application for Department of the Army (DA) authorization
to place fill material in wetlands adjacent to Howe Creek associated with
development of Lot No. 4, Landfall Subdivision, 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
minimize 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 minimize wetland losses. Please indicate all that you have done,
especially regarding development and modification of plans and proposed
construction techniques, to minimize 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 indicate 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.
r r +A
v,
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This information is essential to our expeditious processing of your
application and it should be forwarded to us by August 28, 1992. Also, a copy
6f 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 Mr. Jeff Richter,
Wilmington Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. James Herstine
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Mr. Charles Hollis
Regulatory Consultant
138 Green Forest Drive
Wilmington, North Carolina 28409
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
August 6, 1992
Action ID's. 199200637 and 199202990 and Nationwide Permit No. 26 (Headwaters
and Isolated Waters)
Mr. Richard R. Lewchuk
2201 Ocean Point Drive
Wilmington, North Carolina 28405
Dear Mr. Lewchuk:

WETLANDS GRI)kk'
V'dATER 4UAL1r'd SLt,p+"P?. ,_.:...:
Reference your application of April 14, 1992, for Department of the Army
authorization to place fill material in approximately 1,500 square feet (0.03
acre) of wetlands within the headwaters of Howe Creek associated with
development of Lot No. 4, Landfall Subdivision, New Hanover County, North
Carolina. Please disregard our letters to you of July 28, 1992.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits (NWP)
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated waters
provided:
a. The discharge does not cause the loss of more than 10 acres of waters
of the United States;
b. The permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also include
a delineation of affected specific aquatic sites, including wetlands; and
c. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Your work is authorized by this NWP provided it is accomplished in strict
accordance with the enclosed conditions and provided you receive a Section 401
water quality certification from the N.C. Division of Environmental Management
and, in the coastal area, a consistency determination from the N.C. Division
of Coastal Management. You should contact Mr. John Dorney, telephone (919)
733-1786, regarding water quality certification, and Mr. Steve Benton,
telephone [phone], regarding consistency determination. This
nationwide permit does not relieve you of the responsibility to obtain other
required State or local approval.
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This verification will be valid for 2 years from the date of this letter
unless the NWP authorization is modified, reissued, or revoked. Also, this
verification will remain valid for the 2 years if, during that period, the NWP
authorization is reissued without modification or the activity complies with
any subsequent modification of the NWP authorization. If during the 2 years,
the NWP authorization expires or is suspended or revoked, or is modified, such
that the activity would no longer comply with the terms and conditions of the
NWP, activities which have commenced (i.e., are under construction) or are
under contract to commence in reliance upon the NWP will remain authorized
provided the activity is completed within 12 months of the date of the NWP's
expiration, modification or revocation, unless discretionary authority has
been exercised on a case-by-case basis to modify, suspend, or revoke the
authorization.
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. James Herstine
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
G. Wayne Wright
Chief, Regulatory Branch
Mr. John Dorney
?er Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687