19930648 Ver 1_COMPLETE FILE_19930729

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
October 12, 1993
IN REPLY REFER TO
Regulatory Branch
Action ID 199303522
Mr. Ebe Godwin
c/o Mr. Charlie Hollis
138 Green Forest Drive
Wilmington, North Carolina 28409
Dear Mr. Godwin:
Reference your proposed placement of fill material in 0.68 acre of
wetlands adjacent to Hewlett's Creek, for a construction site on your property
located at the intersection of S.R. 1492 and S.R. 1421 in Wilmington, New
Hanover County, North Carolina.
On July 26, 1993, we received your Pre-discharge Notification for
Department of the Army authorization, pursuant to Nationwide Permit No. (NWP)
26, for the proposed work. On August 5, 1993, Mr. Jeff Richter of my staff
telephonically contacted your consultant, Mr. Charlie Hollis, and informed him
that the proposed work might not be located in headwaters. As a result, by
letter dated September 3, 1993, and received in this office on September 7,
1993, Mr. Hollis submitted more information for our verification. Based on
this information, authorization by NWP 26 for your proposed work was verified
by letter of September 8, 1993.
On September 21, 1993, Mr. Richter conducted an onsite inspection of the
property and determined that the wetlands to be impacted by the project are
not in headwaters but are adjacent to Hewlett's Creek. Because work in
adjacent waters and wetlands cannot be authorized by NWP 26, our verification
letter of September 8, 1993, is revoked. Your proposed project may be
authorized by an individual permit, for which an application is enclosed.
Should you have any questions regarding this matter, please contact
Mr. Richter at telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
-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
M? John Dorney
rirvision of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. Jim Gregson
North Carolina Department of
Environment, Health, and
Natural Resources
Division of Environmental Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
IMPORTANT
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TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
N.C. Dept. of Environment, Health, and Natural Resources
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CHARLIE HOLLIS
REGULATORY CONSULTANT
138 Green Forest Drive
Wilmington, NC 28409
919/392-6833 or 799-0318
September 3, 1993
Project: Nationwide Permit Request
Ebe W. Godwin; Pine Grove Drive Property
New Hanover County, N.C.
Mr. Jeff Richter, Area Coordinator
Wilmington Regulatory Field Office
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington NC 28402-1890
Dear Mr. Richter:
SAN i 0
r 6l' 1
(DEM :t? 936 gFs)
Please refer to the PDN dated July 22, 1993 for the subject project
and to our subsequent telephone conversations regarding the question of
the location of the affected wetlands above the headwaters. Please
refer also to the copy of my letter of August 31, 1993 to Mr. John
Dorney which was furnished to you.
I perceive there are two questions here that are of concern to you:
one is the question of whether there is a "stream" present, and second
would be the question of the degree to which the stream is influenced by
Hewlett's Creek (the primary water body). Hopefully the following
comments and information will assist you with your considerations.
1. Influence from Hewlett's Creek. Yesterday (September 2, 1993),
we ran elevations up the bed of the stream/drainway from the approximate
lower limit of the area included in our PDN request. I have plotted
those readings and enclosed a map and profile illustrating our findings.
I am also enclosing a portion of the New Hanover County Topographic Map
for this area with the wetland location shown. Each of these enclosures
are consistent and show a rather rapid drainage gradient down the
wetland slough to the Hewlett's Creek flood plain. The county topo map
shows the base of our area of interest at about 9'msl and the active
flood plain at about 4'msl. The map shows that the upper end of the
wetland at about 15'msl. I believe this information demonstrates that
the small linear wetland is not influenced by Hewlett's Creek, but
receives its hydrology solely from the small watershed which it drains.
The elevation points shown on the enclosed plan are flagged and numbered
on the ground at the site and may be observed and verified if needed,
Page 2
2. Presence of a stream channel. There is a small (one foot wide
or less), but defined channel located generally down the center of the
wetland as shown on the enclosed plat. This small stream is probably
never dry, but it obviously "flows" only during periods of rainfall
and/or during the wetter winter months. Small areas of washed sand
observed on September 2nd would indicate that flow has occurred
recently, probably during a recent rainstorm. The significant gradient
discussed above would cause a rapid drainage of rainwater down the small
channel and on down to Hewlett's Creek and lingering periods of flow are
probably rare.
With reference to the definitions and preamble in 33CFR 330, I.
believe what we have here is a "linear wetland" adjacent to a small
intermittent stream which has a small defined channel and which, within
the area of our PDN request, is uphill of any wetlands influenced by
Hewlett's Creek. This small stream and wetland would lie above the
headwaters as defined.
Thank you for your patience while we gathered this information. If
you have questions, or if this data is not sufficient, please give me a
call at your early convience.
e ly,
Charlie Hollis
Encls: maps
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Gary Mitchell
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From
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North Carolina Department of Environment
Health, and Natural Resources
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., RE., Director
October 8, 1993
Mr. Ebe W. Godwin
2115 South Canterbury Road
Wilmington, N.C. 28403
Dear Mr. Godwin:
ID F= F11
DEM Project # 93648, COE Project # 199303522
New Hanover County
On 28 July 1993, you requested a 401 Water Quality
Certification from the Division of Environmental Management for
your project located at SR 1492 and SR 1421 in New Hanover
County. We wrote to you on 18 August 1993 discussing concerns
that we have regarding the design of the project and placing it
on hold until those concerns are addressed. As of today, we have
not received a response to our earlier letter. Unless we receive
a written response from you by 29 October 1993, we will consider
that you have withdrawn this application and are not interested
in pursuing the project at this time.
Please call me at 919-733-1786 if you have any questions or
would like to discuss this matter.
Sincerely,
qv
Jo n R. Dorney
Wetlands and Tec ical Review Group
93648.wtd
cc: Wilmington DEM Regional Office
Wilmington District Corps of Engineers
Central Files
Charlie Hollis
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr„ Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E„ Director
August 18, 1993
A LT." F
14; Veo
MOO&
ID EHNR
Mr Ebe W. Godwin
2115 South Canterbury Rd.
Wilmington, N.C. 28403
Dear Mr. Godwin:
Re: Application for 401
Godwin Property
New Hanover County
DEM # 93648
Water Quality Certification
We received your application for 401 Certification on 28
July 1993 to fill 0.68 acres of wetlands for unspecified
construction purposes. In order to complete action on your
application we will need to know
1.) whether the Corps of Engineers has determined that
the site is eligible for Nationwide Permit 26 and
2.) what type of development (e.g., residential or
commercial) is planned?
Please respond to these questions within two weeks of
receipt of this letter.
I can be reached at 919-733-1786 if you have any questions.
93648.1tr
4sicerely, 9?7
R. orney
cc: Wilmington DEM Regional Office
Jeff Richter, Wilmington Field Office COE
Charlie Hollis
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

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DEM ID: / 3?L4 ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): _ ,2 to
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENT,
NC DEPARTMENT OF ENVIRC
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone] - _..1rAT / tl)i ?f t {
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE C S OF°ENGNEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: ?E8r` ?is?, Got7r?In/
2. Owners Address: 2/IS S-ou-ry 0g1vrenzvrly RD, WILMINC /V C' 2?yD3
3. Owners Phone Number (Home): _q l q' - 7G 2 - 77 9'7 (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
LIE N-O LL.15
1-33 (:?rzert i=o?ee57- d71e
W11- 1IAC-T-t 1 AC. 29yo9 ft /9-3?Z-2.8733
5. Location of work (MUST ATTACH MAP). County: 0,J 414 N ove-R
Nearest Town or City: W I i-M l NCoTD/q
Specific Location (Include road numbers, landmarks, etc.): r?ns?TrON OF S?2 I y 9Z
A P SR I LIZ I
6. Name of Closest Stream/River: 14e:W L3--T?s. GQ -1-K
7. River Basin:
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [0NO [ ]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [ v]--
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
W ?4 C- Y2s-5
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: OLC r?S
Drained:
Flooded:
Excavated:
Total Impacted: CL
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12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
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13. Purpose of proposed work: Prove d2 &y- c ok-,s4vuc- si+e_
14. State reasons why the applicant believes that this activity must a carried out in wetlands. Als, note
taken to minimize wetland impacts. Smo kl W-e.AACL+.? d Xf-(>. \A Gu'y's ¢2fcnp_e^rgy
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened specie or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [ NO[
]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES[ t-' NO[
]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for is plrojelcIt, attar co y.
E. What is land use of surrounding property? i dt.?d? a s ? vuz s S
F. If applicable, what is proposed method of sewage disposal? Cam' MVkU KL
` ?( ZZ., 1?i43
e Date

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS ; , )',)
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
V%T
September 8, 1993
IN REPLY REFER TO 3
Regulatory Branch
Action ID No. 199303522 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Ebe W. Godwin
c/o Mr. Charlie Hollis
138 Green Forest Drive
Wilmington, North Carolina 28409
Dear Mr. Godwin:
Reference your application of July 26, 1993, for Department of the Army
(DA) authorization to place fill material in 0.68 acre of wetland above the
headwaters of Hewlett's Creek for a construction site on your property located
at the intersection of SR 1492 and SR 1421 in Wilmington, New Havover County,
North Carolina.
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.
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 North Carolina Division of Environmental
Management (NCDEM). You should contact Mr. John Dorney, telephone (919) 733-
1786, regarding this water quality certification. In the coastal area, a
consistency determination must be obtained from the North Carolina Division of
Coastal Management (NCDCM). Please call Mr. Steve Benton, telephone (919)
733-2293, regarding your consistency determination. This NWP does not relieve
you of the responsibility to obtain other required State or local approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide 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.
..6
-2-
Questions or comments may be addressed to Mr. Jeffrey Richter, Wilmington
Area Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. Steve Benton
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. C. Robert Stroud
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Jim Gregson
North Carolina Division of
Environmental Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
i 4
DEM ID: 93? w ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): .2 61
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRO 1t5" l Lpl' ]
P.O. Box 1890 AND NATURAL RESOURCES - -
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535 ;
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
IF-
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE C®3t?S??Q1r ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMERTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: ZE-8iff
2. Owners Address: 2/15 S-oupo 0g1vTCwzurzy Pp, , I,c ILMIN6roN Me 2SN10 3
3. Owners Phone Number (Home): _ 1 g - 7G 2 - 77 ?1'J (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
LL-15
-33 r2 rc t-v-rz 57- d7R2
?,tJi?wi,n16-ranr /qC z?yo9 -6 a33
5. Location of work (MUST ATTACH MAP). County: 0,J 414 N OVOR
Nearest Town or City: W I wK i N 6TD nl
Specific Location (Include road numbers, landmarks, etc.): v r?? sacTtoN OF S12 1 y 9Z
4N P 'S2 I y ZI
6. Name of Closest Stream/River: ??iJ[f?S. CK
7. River Basin:
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ NO [ ]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [ v]--
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
W Ig C- Re-->
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: • 6, 3 CL C- re-- 5
Drained:
Flooded:
Excavated:
Total Impacted: , 6 Ts" OL
Gy-?-s
12. Description of proposed work (Attach PLANS-8 1/2" X I 1 " drawings only):
Vt
S
13. Purpose of proposed work: Pro v i 4 e. &v- N s, Vyvc, S 1TC_..
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Alsq, note
taken to minimize wetland impacts. Small LAM; mA,% Y-a A Gv+5
15. You are requireA to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NWS) regarding the presence or any Federally listed or proposed for listing endangered or threatened specie or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [ NO[
]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES[ L--r NO[
]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for 's project, attar copy.
E. What is land use of suiTounding property? dtn?a, k s t AP-5 S
F. If applicable, what is proposed method of sewage disposal? cmm vmv KL
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State of North Carolina
f m OwF.."
7
2 31993
Department of Environment, Health, and Natural Resources
Division of Coastal Management
Wilmington Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
August 16, 1993
Mi. t?be W, Godwin
2115 Snutb Canterbury Road
Wilmington, NC 28403
Roger N. Schecter
Director
RE: DEM ID# 93648, Nationwide Permit Application for an activity located in New Hanover County.
Dear Mr. Godwin:
The North Carolina Division of Coastal Management has reviewed the above-referenced application for a Nationwide
Permit dated July 22, 1993 pursuant to Section 307 of the Coastal Zone Management Act of 1972 as amended.
Based upon our review, we have determined that the proposed activity is consistent with the North Carolina Coastal
Management Program provided the following conditions are met:
1. The activity described in the above-referenced application qualifies to receive one of the Nationwide
Permits described in 33 CFR Part 330 with the exception of Numbers 17, 21, 24, and 34 which
were found inconsistent with the North Carolina Coastal Management Program.
2. A 401 Water Quality Certification is received, where required, from the North Carolina Division
of Environmental Management.
This letter does not relieve you of the responsibility to insure that all other State authorization and/or permit
requirements are met prior to implementation of the project. Please feel free to contact me at [phone] if you
have any questions or need further assistance.
Sincerely,
C. Robert Stroud, Jr.
District Manager

CRS/jmr
cc: Preston P. Pate, Jr.,DCM
Steve Benton, Consistency Coordinator
Wilmington District Engineer; ATTN: CESAW-CO-E
John Dorney, DEM/Raleigh
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal opportunity Affirmative Action Employer