19920172 Ver 1_COMPLETE FILE_19940318

9t 0fF Ax 2522
d6mftm, AYWA Luc 28402
.fie. 9110-452-0009
9w 'd 9?. August 22, 1994
SP,. F
DIV. ???? .?ot?ioan
Jam.
John Dorney
Water Quality Planning
Div. of Environmental Mgmt.
NC Dept. of Environmental, Health,
and Natural Resources
P.O. Box 29535
Raleigh, N.C. 27626-0535
Dear John:
AUG 2 4W4
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I have enclosed a copy of materials given to me by Robin Dorff,
President of The Keys Corporation, documenting the new ownership of
the Keys Apartment complex site. Rick Medlin resigned his interest
in the property on 1/6/94 as shown on the last page.
The current owner of this property is:
The Keys Corporation
16 East Rowan Street
Suite 300 A
Raleigh, N.C. 27609
919/782-2137, FAX [phone]
Mr. Dorff wishes to proceed with the wetland mitigation project and
has retained our services. I will be working with Mr. Dorff, his
contractor and Jim Gregson to coordinate the planning and
construction of the wetland area. We all would like nothing better
than to see this effort succeed.
A source for the wetland root mat will be sought to help assure a
ground cover and shrub layer emergence similar to the area covered
by the original permit. If you should need any additional
information, please contact me at any time.
Sincerely,
Steve MEnvironmental Consultant
SM/dm
Enclosure: Ownership documentation
cc: Jeff Richter, Jim Gregson, Robin Dorff
VIA 1rACSIM2XA O1?I.Y
NO HARD COPY TO F'OLLO'W
August 15, 1994
Mr. W. Stephen Morrison
Environmental Consultant
Post office Box 2522
Wilmington, North Carolina 28442
RB: The Keys Apartments - Permit #92172
Dear Mr. Morrison:
Pursuant to our conversation on site this morning, I am enclosing
materials that should clarify the situation regarding the ownership
of The Keys Apartments. The Keys Corporation (formerly Medlin
Co¢c ercial Properties) is the record owner of The Keys Apartments.
The corporate name change and related actions changing the
corporate ownership are reflected in the enclosed documents.
Please transmit these materials to all interested parties per our
conversation this morning.
Please contact me if you should have any questions.
Sincerely,
Robin H. Dorff
President, The Keys Corporation
RHD/cro
dorf f 1
potdt° brand fax transmittal rnOmo 7671 a of P09"" to
. ___A.AcA rr,na?+:in?1 wO?tA1OICF
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STATE OF
NUR's R Department of The
CAROLINA. Smretar.Y 'If State
To ,whcm.them preamts shall a me, Greetings:
• L- HWU, Becretary of State of the State of
Nord Carolina, . & hereby certify the following and hereto
attached to be a true copy of
ARTIGI 1m OIL AX NDMMNT
OF
JMUNCOACOWRICAL FROPE ,INC.
'(Winch ehaVed iW =me to: THE HEMS COWOBATION)
the original of which was filed in this office on the 16th day of
March, 1994.
JW W11MW W.EL MWY, I have hereunto set my
hand and of Lvad any official seal at the City of
Raleigh, this 18th dey of March, IW4.

Secretary ofsttue
. -sr.

1
w.y+w
F d LEI)
ARTICLES OF AMENDMENT
9.00 AM
gy
7 T
O TAE CHARTER
O MAC 16 1994
?ECTIVl:.,r.,.,.
MEDLIN COMMERCIAL PROPERTIES, ,&F ItAS ?. WM1?
SEN ETA Q €
The undersigned corporation hereby executes these Articles of Amendment for the
purpose of amending the Charter:
1. The name of the corporation is MEDLIN COMMERCIAL PROPERTIES, INC.
2. The following Amendment to the Charter of the Corporation was adopted by its
shareholders on the 4k day of Febnza. 1994 in the manner prewdibed by law:
The name of the Corporation shall be changed to:
THE KEYS CORPORATION
3. The number of shares of the Corporation outstanding at the time of such adoption
was 1500; the number of shares entitled to vote thereon was 1500.
4. The designation and number of outstanding shares of each class entitled to vote
on such Amendment as a class were as follows:
CLASS NUMBER OF SHARES
Common 1500
5. The number of shares voted for such Amendment was 1500, and the number of
shares voted against such Amendment was 0. Voting within each class entitled to vote as a class
was as follows:
CLASS NUMBER OF SHARES VOWED
AGAIN-U
Common 1500 0
b. No exchange, reclassification or cancellation of issued shares will be effected by
this Amendment.
7. No change in the stated capital of the Corporation will be effected by this
Amendment
Page 1 of 2
8. The Amendment herein effected does not give rise to dissenter's rights to payment
for the reason that the only effect of such Amendment is to change the name of the Corporation.
IN WITNESS WHEREOF, these Articles are signed by the President and Secretary of
the Corporation this 4-t , day of February. 1994.
MEDLI OMMERCIAL PROPER YES, INC.
By: 1
Robin H. Dorff, President
By: ?`rYer-? - 7-7;
Gardner H. Altman, Jr., 1ecbState Of Countyof „?,cl.?,2_.

1. a Notary Public of the county and state aforesaid, certify that Robin H. Dorff and Gardner
H_ Altman, Jr. personally came before me, each of whom, being duly sworn. declared that they
signed the foregoing instrument in the capacity indicated, that they are authorized so to sign, and
that the statements therein contained are true.
Witness my hand and official seal or stamp this :k? day of &" a rs 199%
My commission expires: j?, 7 Notary Public ,<<? a.? 14
. d B.
a ??, ........•.., ?i
07,y
? : pVBUC ' ?'
Page 2 of 2
CONSENT TO ACTION OF DIRECTORS AND SHAREHOLDERS
OF
MEDLIN COMMERCIAL PROPERTIES. INC.
WITHOUT A MEETING
The undersigned, being all of the Directors and Shareholders of Medlin Commercial Properties,
Inc., hereby adopt the following resolution by signing their written consent:
BE IT RESOLVED that the appropriate officers of the Corporation are authorized and
directed to execute any and all documentation in connection with the sale by Cyllene McBeth
Medlin and Rickey D. Medlin of the shares of stock held by them in the Corporation to Sunbelt
Diversities Corporation. Specifically, to acknowledge compliance with any and all terms and
provisions of any and all, if any, Shareholder Agreements.
This 1st day of December 1993.
SIGNED BY:
APPROVED:
Rickey D. 11
Shareholder
McBeth Medlin
Amanda Nicole Medlin
Shareholder
by mother, Cyllene McBeth Medlin
REVIEWED AND APPROVED BY:

Eddie H. Medlin
on behalf of Amanda Nicole Medlin
e
The undersignec * hereby tender their resignation as an officer and Director of Medlin
Commercial Properties, Inc.
This the day of , 199 +
SIGNED BY.
Rickey D. Medlin
President
X:>? ?? ?-- '
Rickey D.
Director
McBeth
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RETURNED YOUR CALL
N.C. Dept. of Environment, Health, and Natural Resources
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4035 Arendell Street • Morehead City, NC 28557
[phone] • Fax [phone]
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
July 18, 1994
Mr. Rick Medlin
P.O. Box 7284
Wilmington, NC 28406
Dear Mr. Medlin:
4 4A
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Subject: NOTICE OF REVOCATION OF 401 WATER
QUALITY CERTIFICATION
The Keys -
DEM Project # 92172
New Hanover County
On June 8, 1992 a 401 Water Quality Certification (WQC) was issued for
the subject project, for 4.45 acres of wetland fill. The WQC contained an
additional condition requiring the creation of 1.89 acres of wetlands as outlined
in a letter to you dated June 2, 1992. You had previously agreed to this
condition in a letter sent to DEM on June 5, 1992. A letter was sent to you via
certified mail on March 18, 1994 (attached) notifying you of the Division's
intent to revoke the WQC unless actions were taken by you to comply with the
certification issued for this project. This letter was returned to the Division as
undeliverable.
You are hereby notified that the WQC for the subject project has been
revoked as provided by 15A NCAC 2H .0504 (d)(1). The Division has notified
the Wilmington District Corps of Engineers of our intent to revoke this
certification and has requested that appropriate action be taken concerning the
Section 404 permit for the subject project.
You are requested to respond to this notice in writing by August 1, 1994
outlining the measures you intend to take to rectify the violations of water
quality standards caused by the loss of wetlands associated with the subject
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

r
y j
r
project. Due to your failure to comply with the conditions of the WQC in a
timely fashion it is anticipated that additional actions may be necessary to
compensate for these violations of water quality standards. You are also
requested to contact Mr. Dave Adkins in the Wilmington Regional Office
(910/395-3900) prior to the above date to schedule a meeting with DEM staff to
discuss the actions that you intend to take.
Enforcement actions will be prepared for violations of 15A NCAC 2H
.0500 and 15A NCAC 2B .0201 unless the above actions are taken. If you have
questions concerning this matter please contact Mr. Ron Ferrell at 9191733-1786.
Sincerely,
- A. Preston Howard, P.E.
cc: Dave Adkins, WiRO
Jeff Richter, COE
Ron Ferrell
ref-10/medlin2let

State of N h 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
July 18, 1994
Mr. Rick Medlin
P.O. Box 7284
Wilmington NC 28406
Dear Mr. Medlin:
Subject: NOTICE OF REVOCATION OF 401 WATER
QUALITY CERTIFICATION
The Keys
DEM Project # 92172
New Hanover County
On June 8, 1992 a 401 Water Quality Certification (WQC) was issued for
the subject project .for 4.45 acres of wetland fill. The WQC contained an
additional condition requiring the creation of 1.89 acres of wetlands as outlined
in a letter to you dated June 2, 1992. You had previously agreed to this
condition in a letter sent to DEM on June 5, 1992. A letter was sent to you via
certified mail on March 18, 1994 (attached) notifying you of the Division's
intent to revoke the WQC unless actions were taken by you to comply with the
certification issued for this project. This letter was returned to the Division as
undeliverable.
You are hereby notified that the WQC for the subject project has been
revoked as provided by 15A NCAC 2H .0504 (d)(1). The Division has notified
the Wilmington District Corps of Engineers of our intent to revoke this
certification and has requested that appropriate action be taken concerning the
Section 404 permit for the subject. project.
You are requested to respond to this notice in writing by August 1, 1994
outlining the measures you intend to take to rectify the violations of water
quality standards caused by the loss of wetlands associated with the subject
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Eaual opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
project. Due to your failure to comply with the conditions of the WQC in a
timely fashion it is anticipated that additional actions may be necessary to
compensate for these violations of water quality standards. You are also
requested to contact Mr. Dave Adkins in the Wilmington Regional Office
(910/395-3900) prior to the above date to schedule a meeting with DEM staff to
discuss the actions that you intend to take.
Enforcement actions will be prepared for violations of 15A NCAC 2H
.0500 and 15A NCAC 2B .0201 unless the above actions are taken. If you have
questions concerning this matter please contact Mr. Ron Ferrell at 9191733-1786.
Sincerely,
A. Preston Howard, P.E.
cc: Dave Adkins, WiRO
Jeff Richter, COE
Ron Ferrell
ref-10/medlinllet

' f-
-? State of North Carolina
Department of Environment,
Health and Natural Resources A 4 IYA--
James Division of Environmental Management B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary C> E H N F1
A. Preston Howard, Jr., P.E., Director
March 18, 1994
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. Rick Medlin
P.O. Box 7284
Wilmington, NC 28406
Dear Mr. Medlin:
Subject: NOTICE OF VIOLATION
401 Water Quality Certification
The Keys
DEM Project # 92172
New Hanover County
On June 8, 1992 a 401 Water Quality Certification (WQC) was issued for the subject
project in conjunction with the Section 404 permit for 4.45 acres of wetland fill (attached).
The WQC contained an additional condition requiring the creation of 1.89 acres of wetlands
as outlined in a letter to you dated June 2, 1994 (attached). You had previously agreed to
this condition in a letter sent to DEM on June 5, 1994 (attached).
Site inspections by the staff of the Wilmington Regional Office on December 10, 1993
and the Central Office on March 3, 1994 indicate that no action has been taken concerning
the mitigation requirement. Failure to comply with the condition requiring the creation of
1.89 acres of mitigation will result in revocation of the WQC as authorized by 15A NCAC
2H .0504(d)(1). In addition to the failure to create the 1.89 acres of wetlands the actions you
have taken will preclude you from complying with the requirement to remove the topsoil
from the filled wetland area and use it to assist in the establishment of the created wetlands.
You are requested to respond to this notice in writing by March 28, 1993 outlining the
measures you intend to take to comply with the WQC conditions. You are also requested to
meet with DEM staff to discuss the actions that will be needed to comply with this condition
due to your previous actions and the fact that the mitigation was not performed within an
acceptable time frame. Failure to respond to this notice of violation or to take the actions
necessary to comply with the WQC may result in revocation of the WQC and other
enforcement actions deemed appropriate by the Division.
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
j
If you have questions concerning this matter please contact Mr. Ron Ferrell at
919/733-1786.
Si ere y, 44I
I
A. Preston Howard, P.E.
cc: Jim Gregson, WiRO
Jeff Richter, COE
Ron Ferrell
ref-9/medlin.let
'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
March 18, 1994
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. Rick Medlin
P.O. Box 7284
Wilmington, NC 28406
Dear Mr. Medlin:
Subject: NOTICE OF VIOLATION
401 Water Quality Certification
The Keys
DEM Project # 92172
New Hanover County
/*/It SOP y
On June 8, 1992 a 401 Water Quality Certification (WQC) was issued for the subject
project in conjunction with the Section 404 permit for 4.45 acres of wetland fill (attached).
The WQC contained an additional condition requiring the creation of 1.89 acres of wetlands
as outlined in a letter to you dated June 2, 1994 (attached). You had previously agreed to
this condition in a letter sent to DEM on June 5, 1994 (attached).
Site inspections by the staff of the Wilmington Regional Office on December 10, 1993
and the Central Office on March 3, 1994 indicate that no action has been taken concerning
the mitigation requirement. Failure to comply with the condition requiring the creation of
1.89 acres of mitigation will result in revocation of the WQC as authorized by 15A NCAC
2H .0504(d)(1). In addition to the failure to create the 1.89 acres of wetlands the actions you
have taken will preclude you from complying with the requirement to remove the topsoil
from the filled wetland area and use it to assist in the establishment of the created wetlands.
You are requested to respond to this notice in writing by March 28, 1993 outlining the
measures you intend to take to comply with the WQC conditions. You are also requested to
meet with DEM staff to discuss the actions that will be needed to comply with this condition
due to your previous actions and the fact that the mitigation was not performed within an
acceptable time frame. Failure to respond to this notice of violation or to take the actions
necessary to comply with the WQC may result in revocation of the WQC and other
enforcement actions deemed appropriate by the Division.
A4. t-*JA
ED FE [****J F1
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
If you have questions concerning this matter please contact Mr. Ron Ferrell at
919/733-1786.
Sincerely,
Original S;'-',d 13y
A f'r stonuf?rd? Ir.,
7?. Preston Howard, P.E.
cc: Jim Gregson, WiRO
Jeff Richter, COE
Ron Ferrell
ref-9hnedlin.let
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_:- North Carolina Department of Environment,
Health, and Natural Resources eq printed on Recycled Paper
s aunm v
Medlin Commercial Properties, Inc.
Post Office Box 3982 Wilmington, NC 28406
June 5 1992 rUN ! « 1992
Mr. John Dorney
Department of Environment, Health VVETi
and Natural Resources WAitlr"; ,_.
Division of Environmental Management
P.O. Box 29535
Raleigh, NC 27626-0535
Dear John:
I have reviewed the draft 401 certification conditions you proposed
by letter and fax on June 2, 1992.
Steve Morrison will be forwarding a plant species list for the trees,
shrubs, and herbaceous plants on the proposed fill area. He has informed
me that the actual tree stem count in the fill area is close to 200
stems per acre. 'I agree to insure a final planted tree survival rate
of 200 stems per acre. I realize that we need to initially plant more
than that number to allow for initial die off.
I agree to the terms of all the listed conditions with the stem survival
number being changed to 200 stems per acre. Please issue our 401 certification
immediately with the conditions agreed to. Thank you for your assistance
in this matter.
Sincerely,
Leader Construction Co., Inc. Rick Medlin
President
RM/jh
Phone [phone] Fax [phone]
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
MEMORANDUM
TO: Preston Howard
THROUGH: Steve Tedder
Greg Tho
Boyd DeVane
John Dome?
FROM: Ron Ferrell
DATE: March 3, 1994
SUBJECT: Violation of 401 Water Quality Certification Conditions
Certification #92172
Rick Medlin/The Keys
New Hanover County
A 401 Water Quality Certification (WQC) was issued for the subject project on June
8, 1992 (attached) for 4.45 acres of wetland fill (attached). The WQC contained an additional
condition requiring the creation of 1.89 acres of wetlands as outlined in a letter to Mr. Medlin
dated June 2, 1994 (attached). Mr. Medlin had previously agreed to this condition in a letter
sent to DEM by Mr. Medlin on June 5, 1994 (attached).
As described in the memo from Jim Gregson, WiRO, the mitigation has not been
performed although the remainder of the project has been completed. John and I also visited
the site with Jim on March 3, 1994 and observed the same conditions described by Jim in his
memo. I feel that the failure to perform the mitigation as required by the WQC constitutes a
violation of the WQC and it should therefore be revoked. I have attached a notice of
violation letter for your signature informing Mr. Medlin of our intent to revoke the WQC
unless he takes immediate actions to comply with the condition.
If you have any questions concerning this matter please give me a call.
ref-9lmedlin.mem
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
Date: December 16, 1993
To: John Dorney
Planning Branch
From: James H. Gregson 4 `-1
Wilmington Regional Office
Through: Dave Adkins
Wilmington Regional Office
Subject: Violation of 401 Certification Conditions
Permit #92172 / Rick Medlin
The Keys at 17th
New Hanover County
?F•
On April 1, 1992, Mr. Steve Morrison of Land Management Group, Inc. submitted a
joint application for a Nationwide 26 Permit and 401 Water Quality Certification to allow the
filling of 4.45 acres of Section 404 Wetlands located within the headwaters of Doctors Branch,
classified "C" Swampwaters. Mr. Morrison was acting as agent for Mr. Rick Medlin. Mr.
Medlin is the owner of the Subject property which is located on South 17th Street Extension,
approximately 3000' west of the intersection of South 17th Street and North Carolina Highway
132 in the City of Wilmington. Included in this joint application was a mitigation proposal to
create 1.85 acres of wetland habitat similar to the wetlands proposed for fill. On April 28,
1992, this Office recommended approval of the 401 Certification based on the mitigation
proposed by the applicant.
On June 2, 1992, a letter was sent from the Central Office to Mr. Medlin containing
eight draft 401 Certification conditions for Mr. Medlin's review and approval. On June 5, 1992,
Mr. Medlin responded by letter in which he agreed to of all 401 conditions with the exception
of changing the final planted tree survival rate to 200 stems per acre instead of 300 stems per
acre. These changes were agreed upon and a 401 Certification was issued on June 8, 1992
containing a condition that wetland mitigation would be required for this project as outlined in
the June 2, 1992 letter from the Central Office with the final tree survival rate being 200 trees
per acre.
92172. Dec 93
Page Two
On December 10, 1993, staff of the Wilmington Office conducted a site inspection of the
Subject project to determine compliance with the conditions of the 401 Certification. The
attached photographs were taken during the December 10, 1993 site inspection. Please note that
the proposed development as shown on plans submitted with the April 1, 1992 joint application
has been completed and a majority of the residential units now appear to be occupied. Wetland
areas proposed for fill have been filled and currently contain buildings and parking lots. The
proposed mitigation area has been used as a borrow site, however the grade is still well above
the elevation of the adjacent wetlands. The area proposed for mitigation is devoid of vegetation
and erosion of this area has allowed silt to build up in the adjacent wetland area. Condition #5
in your June 2, 1992 letter (agreed to by Mr. Medlin) states that after the final elevation is
established on the mitigation site, soil shall be stripped from the wetland area to be filled and
deposited on the 1.89 acre created wetland site. The wetland area this soil was to be stripped
from has already been filled, therefor, it would now be impossible for Mr. Medlin to meet the
conditions of the 401 Certification. Condition #7 states that any deviation from these conditions
will result in revocation of the 401 Certification unless DEM agrees in writing to these changes.
The only changes agreed to in writing was the change from 300 stems per acre plant survival
rate to 200 stems per acre.
Therefor, in light of the fact that Mr. Medlin has violated all but one condition of the 401
Certification, it is recommended that the Certification be revoked and that appropriate
enforcement action be taken in this matter. It is further recommended that this violation be
reviewed by the Attorney General's Office for possible prosecution as a criminal (willful)
activity.
JHG:92172. Dec93
cc: Wilmington Regional Office Files
Central Files
July 18, 1994
Dr. Wayne Wright
U.S. Army Corps of Engineers
Wilmington District, Regulatory Branch
P.O. Box 1890
Wilmington, NC 28402-1890
Dear Dr. Wright:
Subject: REVOCATION OF 401 WATER QUALITY
CERTIFICATION
Action ID 199201629
Rick Medlin/The Keys at 17th
New Hanover County
A 401 Water Quality Certification (WQC) was issued for the subject project on June
8, 1992 for 4.45 acres of wetland fill. The WQC required Mr. Medlin to create 1.89 acres of
wetlands. As of this date the applicant has not complied with this condition therefore the
Division of Environmental Management hereby revokes this certification as provided by 15A
NCAC 2H .0504 (d)(1). I am requesting that the COE revoke the 404 permit for this project
and pursue appropriate enforcement action.
Please keep me informed of the status of this request. If you have any questions
concerning this matter please contact Ron Ferrell at 919/733-1786. Thanks for your
cooperation.
Sincerely,
A. Preston Howard, Jr., P.E.
cc: Dave Adkins, WiRO
Ron Ferrell
ref-9/medlin.coe
w
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 George T. Everett, Ph.D.
William W. CobeY, Jr., Secretary Director
Mr. Rick Medlin
P.O. Box 7284
Wilmington, N.C. 28406
Dear Mr. Medlin;
RE: Draft 401 Certification conditions
Permit # 92172
New Hanover County
Your request for a 401 Water Quality Certification for the
abovementioned project has been reviewed by the Wilmington
Regional Office and Central Office of the Division of
Environmental Management. Based on this review, we believe that
the Certification can be issued for this project provided that
proper design and monitoring of the proposed mitigation site be
agreed upon in writing by yourself and the Division. The
following conditions are offered for your review and discussion.
After final agreement on the conditions, I will need a letter
from you stating your intent to comply with these conditions.
1. Conduct an ecological investigation of the wetland area
to be filled adjacent to the small drainageway.
This survey will prepare a plant species list for each of
the tree, sapling, shrub and herbaceous layers with
estimates of cover by species where possible. This will
provide a baseline by which to judge mitigation success.
2. Plant appropriate wetland plant species as indicated by
the above analysis. Planting density should result in a
final plant survival of about 300 stems per acre after
three years unless the ecological investigation documents
a lower existing tree density. The following tree
species are suggested: red maple, sweet gum, loblolly
pine, and either willow oak or water oak as well as other
species documented on the site. Oak species are to be
added to increase the wildlife value of the site. A
final list of species to be planted shall be provided and
approved by DEM.
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
70/251-6208 919/486-1541 704/663-1699 919/571-4700 919/9466481 919/395-3900 919/8967007
Pollution Prevention Pays
RO. Box 29535, Raleigh, North Carolina 27626-0535 Ielephone 919-733-7015
An Equal Op,umunity Atfinnauve..k;inn Empiowr

Mr. Rick Medlin
June 2, 1992
Page 2
3. A minimum of four permanent vegetation monitoring plots
shall be established. Plots should be monitored
immediately after planting and at the end of each growing
season for three years. Plants present shall be counted
and identified to species where possible. Recordings of
soil chroma, color and hue shall be made at these times
and reported.
4. Hydrology sufficient to meet the criteria outlined in the
1987 Corps of Engineers Wetland Delineation Manual must
be documented. Permanent monitoring wells will be
installed during the first growing season after planting
for this purpose.
5. After the final elevation is established on the
mitigation site, soil shall be stripped from the wetland
area to be filled and deposited on the 1.89 acre created
wetland site. Trees will then be planted at appropriate
densities on the site. A temporary, annual ground cover
will be planted to prevent erosion.
6. Success shall be defined as survival of at least 300
trees (or saplings) per acre of the desired species (or
fewer if docuemnted by the ecological investigation)
after three years and the successful demonstration of
hydrology after three years or less. If these measures
are not achieved, immediate measures will be taken by the
applicant to meet these criteria.
7. Any deviations from these conditions will result in
revocation of the 401 Certification unless DEM agrees in
writing to these changes.
8. Four copies of the annual mitigation monitoring report
shall be submitted to DEM for review by ourselves and
other agencies.
Please contact me by June 10, 1992 to discuss and finalize
these mitigation plans. If you have any questions, please
contact Mr. Ron Ferrell or myself at 919-733-1986.
Sincerely yours,
Joh R. Dorney
cc: Jim Gregson, Wilmington Regional Office
Steve Morrison, Land Management Group
d SINE o
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
William W. Cobey, Jr., Secretary
June 8, 1992
George T. Everett, Ph.D.
Director
Mr. Rick Medlin
Medlin Commercial
P.O. Box 3982
Wilmington, N.C.
Dear Mr. Medlin:
Properties, Inc.
28406
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Proposed Residential Development
New Hanover County
DEM Project # 92172
Upon review of your request for Water Quality Certification
to place fill material in 4.45 acres of wetlands for
residential development, the Keys at 17th Street located at
Wilmington in New Hanover County, we have determined that the
proposed fill can be covered by General Water Quality
Certification No. 2671 issued January 21, 1992. A copy of the
General Certification is attached. This Certification may be
used in qualifying for coverage under Corps of Engineers'
Nationwide Permit No. 26. An additional condition is that
wetland mitigation is required for this project as outlined in my
letter of 2 June 1992 and agreed upon by you in your letter of 5
June 1992. The final tree survival rate shall be 200 trees per
acre to mirror the wetland you are trying to replace.
If you have any questions, please contact John Dorney
at 919/733-1876.
Sincerely,
Oege T. Everett
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Regional Office
Wilmington DEM Regional Office
Mr. John Dorney REGIONAL. OFFICES
Asheville Ceni? illFiles Mooresville Raleigh Washintnon Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
RO. Box 29535, Raleigh, North Carolina 27626-05 3 5 Telephone [phone]
An Equal Opp.rctunity Affirmative Action Emplowr

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO August 20, 1992
Regulatory Branch
Action ID. 199201629 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Rick Medlin
Post Office Box 7284
Wilmington, North Carolina 28406
Dear Mr. Medlin:
Reference your application of April 1, 1992, for Department of the Army
authorization to place fill material in wetlands adjacent to Doctor's Branch,
a headwaters tributary of Barnard's Creek, off 17th Street Extension in
Wilmington, New Hanover County, North Carolina. The proposal is to fill 4.45
acres of wetlands and to create 1.85 acres of wetlands, resulting in a net
loss of 2.6 acres of wetlands.
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 and, in the coastal area, a consistency determination from the
North Carolina Division of Coastal Management. You should contact Mr. John
Dorney, telephone [phone], regarding water quality certification, and
Mr. Steve Benton, telephone [phone], regarding 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 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

MOW
-2-
expiration, modification or revocation, unless discretionary authority has
been exercised on a case-by-case basis to modify, suspend, or revoke the
authorization.
This permit is valid provided that 1.85 acres of high ground is altered to
become a viable wetland, as outlined in Mr. Steve Morrison's April 1, 1992,
application cover letter. As proposed, the mitigation plan calls for grading
a high ground borrow area to at or below adjacent wetland elevations. A layer
of hydric soil from the proposed fill areas, approximately 6 to 12 inches,
will be spread over this area. The fill area's wetland root mat will be
disked into the hydric soil. According to your mitigation specialist, this
method should revegetate the area successfully. If revegetation has not
occurred to our satisfaction within 2 years, the area will be planted with
nursery stock and monitored for a further appropriate time period.
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
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department
Environment, Health and
Natural Resources
Post Office Box 27687
Z-a igh, North Carolina
John Dorney
Water Quality Section
Division of Environmental
North Carolina Department
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina
Mr. James Herstine
of Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
27611-7687 Wilmington, North Carolina 28405-3845
Mr. Steve Morrison
Land Management Group
Management Post Office Box 2522
of Wilmington, North Carolina 28402
27611-7687
Mr. Frank Carter
Wilmington Properties
Post OFfice Box 7276
Wilmington, North Carolina 28406
?[..1?//Gd -4 IWVAI
&uwwmmenW Waiutt td
At Cffim 2522
%d/m &a m, IroWA WawAna 18402
d'. 919-452-0001
9?o&d Y .fit
Sept. 1, 1992
Mr. John Dorney
Water Quality Planning
Division of Environmental Management
N.C. Dept. of Environment,
Health & Natural Resources
P.O. Box 29535
Raleigh, N. C. 27626-0535
Raleigh, N.C. 27626-0535
Dear. , Mr . Dorney :
99w* 94
3805 *141k1 . We
°XWdn i, M 184o3
I have enclosed a listing of the herbaceous layer found in the 404
wetland area at the south 17th Street site owned by Rick Medlin.
I am sending you this information at the request of Steven
Morrison. We have plans to periodically check this site for
progress on the mitigation area and for any other problems. The
herbaceous listing is as follows:
Switchcane chain
Virginia.fern
Cinnamon fern
Bracken fern
Netted chain fern
Pitcher plant
Running vaccinium
Bloodroot
Reindeer moss
Dodder
If you have any questions or any problems that arise, please
contact us at the number listed above.
Thank you.
Sincerely,
Chip Jackson
Environmental Technician
CJ/dm
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DEM ID:' l Z" ACTION ID:
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
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]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHIP S OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT T 6fE ..I I 0 i1
ENVIRONMENTAL.MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME:
2. OWNERS ADDRESS: P.O. Box 7284
3. OWNERS PHONE NUMBER (HOME): (WORK): 395-6821
4. IF. APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,-ADDRESS,
PHONE NUMBER: Steve Morrison, Land Management Group, Inc.
P.O. Box 2522
Wilmington, N.C. 28402
919/452-0001
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: New Hanover
NEAREST TOWN OR CITY: Wilmington
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Site is
3000' west of intersection of seventeenth street extension and hwv 132
on south side of road.
6. NAME OF CLOSEST STREAM/RIVER: Doctor's Branch
7. RIVER BASIN: Cape Fear River
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS it OR WS II? YES [ I NO [XI
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ I NO [XI
IF YES, EXPLAIN. N/A
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
7.2 acres
2/3/92

0.
-2-

NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: 4.45 Wetland Created: 1.85•
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED:. 4.45
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Construction of
planned apartment complex with wetland mitiga ion.
13. PURPOSE OF PROPOSED WORK: Apartment facility construction.
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. Partial wetland fili necessary for economic feasibility.
Fill areas will avoid owes wetland areas. Construct wetland area
to be offered as mitigation.
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
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [ ] NO [ ] N/A
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
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 [ ] NO [ ] N/A
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
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 THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Vacant and resi.den
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
City sewer system
OWNER'S SIGNATURE DATE
. r
BRUNSWICK
421
.' LOCATION MAP
iii' s??. t• 11
132/
40 .
WBIGHTS? 17 j.
JPA-
r.+roit El y _ j'`??'

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WINTER - 76
,JR
421 PARK

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SITE
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NEW HANOVER COUNTY, NORTH CAROLINA - SHEET NUMBER 23
a
WETLAND DELINEATION MAP
17th STWET EXTCA XW
!{JAC Wrl ISO In)
• r•s Rd21M• '?
'?' +Fii-tH i]?•i:'?-••• ? •'?*l±liC ...iv _ .:zrr « w•,rtiiuu:.nans Yl.. •i itiii' iC' ?•- _ _ _ +•«?

404 WETLAND
7.2 ACRES
.N
i
t
PROPOSED FILL AND MITIGATON
171h STRrET tXr& )(W
link ««? S' ur)
N
i
Y
IH?
PROPOSED MITIGATION AREA
1.85 AC TOTAL
NET FILL 2.6 ACRES
I" nvr VVGY UIL.` nRGn
4..45 AC TOTAL
LAND MANAGEMENT, GROUP
P.O. BOX 2522
WILMINGTON, N.C. 25402 '
WETLAND DETERMHATION
• • ' • COORDINA?OR: 'C `L : : 3o DATE • 3
NEAaEST ?OWN; .?6 N WATERWAY: D s . Nc '?--
QUAD: LOCATjODii3oao?W.ofi
17 E /12--TC7- owiSo?rrt-
PROP OWNE$• NAlsB ADDRESS) PA= DOING U08.X: NAME/ADDRESS qt
• is E c.?N _ ,d•I3ovE ? .
/LM4??JG1bwJ E/C, $ oG
goB ou`
PRONE: PHONE: 9? 5?2.- oft • .
OTHER. INDIVIDUALS • PRESENT:-
ZS PROPERTY rmoRM - OR SEPARATE DISCRETE VEGETATIVE UNITS .
VBCETATION: (IN.ORDE$ OF DOMINANCE,
S DRAW LINE ABOVE HON DOMINANT SPECIES) '
TREE
E Ip --=? COVER-rINDICATO&
1^?Bt
ouy HirE
• GROUND COVER: SPECIES-x COVER-INDICATOR
.
.
2. j, Ct?v.?,f,+?.v Frle+•? .

3. 2..s14,rc t cA,-JF,
3.eAmswgm- ."?osr
4. 94+W- fo wk 4, BLOOd RaOT '

SAPLINGS /SHRUBS;
1.6oQto
i
t
' b.
t
y iv
2.Ra NY" 9,
8.
$,S..+ssr63.iy • WOODY VINES:
1
rNtc
L
S.r?a??
?
.
.
x
2. c*rs&sK
X 08 DOMINANT SPECIES (0$L.- FAC.)4MfOTHER INDICA?ORSs
YDROVHYTIC VECETATIODI: YE G . BASIS: / v fi- o,st to.?
?YPICALs ?c= i=v) AT
.
. YPICAL..0011PLETE ua)
Solt:
sERIRS:
Mo2TLEDs-
$ASZsi
. i -
HYDBIC SOILS•LIST: YES ?No '-
HYDRIC SOILS: YES ?vo
r ROLOCY; f '
UW YLS No Dom of wA?E8:
SATURAT$DSOZLS: YES?t°? DEPTH t0 SATURATION/wATEX TABLE
O2HER INDICA?ORS: i---•.-• ^--?...- »....?v.rvva.• u??Lau-?. 3iA.tiiS: Iso$4- O .RvvlioM. .S r. L.,??
ATYPICAL SZTUATZON: YES NO ? N08MAL CONDITIONS: YES ?Vo
WETLAND DZZMU ZNATZON: T`?LdND`:-?? NON-winivi:
PHOTOS ?AIMUr Y8S No
AUT1i0>;ITY: 3D' 404 ?IO/404 NOb
• 3U$ISDICTZON: ABOV8 IiEADWAI`ERS? ISOLATEDAD.tj? tMG
Comments: W r- 7z-Awls F?i??•c` s?/rr,? ?eAolk/lac.?c?r sra.AM ie jav v5
Prepared By:
e--_ -4 _
-? LAND MANAGEMENT GROUP
• P.O. BOX 2522
• WILMINGTON, N.C. 28402
'. UPLAND DETERMINATION
• • - • • COORDZ11AT08: ,c T=:
NBARES: TOWN
t??t
.NS
+? ?s•?b DAT$: 3 f G COZIDZTY: lifter 14,41ovtp -
' -
••?•••??•-••o•
.?.
;
s WATBRWAYs nrTr,2s
F?
QitAD:.W/ .+? r.N LOCATZODSi ooo?u/, OF /7 -r- W sz T4 ? . CA
PROPE8T7C Ow=; D1AM8m bDDItt;SS) PARTY DOIDIC L?08.1G: DIAME ADDFtSSS '
Rick- m £ L./M --A govt -

. /`W1,v To .a • yob off ouL '
-
IIHOUCsI=),=. Zl • R,Mt?` uRI?4C .
PHONE; 9t ? SL- octet .
OT8°R•ZZIDYVZDi1ALS'PRESP.DIT:_ N?.u
' YS P80PERTY ti1tV0 OR SEPAxATS DISCRETE VECE2ATYVE U11ITe .
VECETATZONi (TX -OBDE% OF DOHINd1SCE. DRAW ?.= ABOVE 11011-DOH2NAI+TT SPECIES) '
TREES PECIES--=x COVfj_owj SDYCAT08 CROUND COVER; SPECZL°S-x COVER-SDSD2CA?08
T.-
. oNG cam; P?J
• ?.1s,
--G A
_
2• ?•a?.t:?Y PEE ,
s
2,aa+ck LwA"o '
4 '
. 4. PotSoiv y vY
S. S. Y.t..?Po.? •
SAPLINCS /SHRUBS.
1.L LtAfi 6.Rt??dsc,2.rocS .
7
,.vC
2.Z.•a.coity P,.?£ 0
8.
7?(,RdcX),' aAv<
4 • WOODY VINES:
-
.
' .
S.AlAr•AA PAK 2.?3?ara?e,¢y
x oa DoMUl= SPECIES . (O$L.- aAC.3 01 oTHE$ tSAZCATOSS:
: v ?A'7r,
. TYPICALi ?COMPLETE BELOW) ATYPICAL*
(C021PLETE BAC2C) .
SERIES: ?v2£ i"? 011 HYDRIC SOILS •LZST: YES 11 ??
MOTTLED:.YES Z10 ZSATRZC COLOR: a S C SOILS: YES ?..
BASIS't LSf?,?-? bdSFilV?Q7'YO GIN N?yA,fLGI_ cfo?Lr Q.c o2 Clf? 000,
YES 110' OIL WATER: _ 4 - y
SJ=RATRD SOZLSi YES N0Lj.,;? brp= TO SA VATIONI iATEB TABLE z ?w
OTHER Z4=ORS:
W&TLUD U2DRO GY: • ?, 0 ,? BASIS: u e-L v ,S,a.•?.oa.,vv
A=PZCAL S%=A=Ox: YES wo ? NOS= CODTOZTZO331; YEwo :.
t+iETL?DID DET??ZOus WC LA1SA:??? 11011-WE?LA1IDi ?
PHOTOS MA1?11Y .YES 140 ? • .
A13T80RYTY1 10404 10!404 DSODIE
• ZZSRZSDICTIODii ASOVr. M:ADW .BSS YS0lATl: ,= ADJ4=_ . WO -F ••?•• I
C0=QMt3: WF,7Z,44,1vS .)=aA1,6 Cth t•?/rA4
Prepared By:
F21
edlin Commercial Properties, Inc-.
Post Office-Box 3982 Wilmington., NC 28406
June 5,. 1992 DI N 0.
-. g a
- AN
Mr. John.Dorney
Department of. Environment, Health WETIA?J?,y
and Natural Resources WATfR
Division. of Environmental Management
.:P.O. Box.29535
Raleigh; NC 27626-0535
Dear John:
I have reviewed the draft-401 certification conditions you proposed
by letter and fax on June 2,.1992.
Steve Morrison will be forwarding a plant species list for the trees,
shrubs., and herbaceous plants on the.proposed fill area. He has informed
me that the actual tree stem count in the fill area is close to 200
stems per acre.. I agree to insure a final planted tree survival rate
of. 200 stems per acre. _I realize that we need to initial-ly_plant more
than that number to allow-for initial. die off.
I agree to the terms.of all the listed conditions with the stem 'survival
number being changed to 200 stems per acre. Please issue our 401 certification
immediately with the conditions agreed to. Thank you for your assistance
in this matter.
Sincerely,
Leader Construction Co:, Inc:
Rick Medlin
President
RM/jh
Phone (919) 395=2740 •: Fax [phone]
Ub/U5/UZ 13:3L "LUl 71u Ova ooal
LEADER
Construction Company
General Contractors
Fax: [phone]
DATE: rJ `?'?o`Z
TIME:
COMPANY:
ATTENTION:
FAX #:
Uq21 - d &2d-U an keaLib aind- lei l ?
dQ?a
PROJECT:
ITEM(S) SENT:
REMARKS: i4of ?U
SIGNATURE 43jekJ med&7lj
NUMBER OF PAGES EXCLUDING COVER SHEET: I
3502 Wrightsville Avenue Suite H . P.O. Box 7284 * Wilmington. North Carolina 28406 • Telephone [phone]
1*1
[J
AW S

DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM _
Date: April 28, 1992
APR 2 g 1992
To: John Dorney
Planning Branch ,a...
VVE4,
From: James H. Gregson*---? WATER
Wilmington Regional Office
Through: Dave Adkii
Wilmingto \R g3- Office
Subject: Regional ffice Review and Recommendations
Application for Permit for Excavation and/or Fill
Central Office Permit #92172
Mr. Rick Medlin
New Hanover County
PROJECT DESCRIPTION: The applicant proposes to fill
approximately 4.45 acres of wetlands for the construction of a
planned apartment complex. The applicant also proposes to p
mitigate for the loss of wetland areas by the creation of 1.89
acres of wetland habitat adjacent to Doctors Branch, a
unclassified tributary of Bernard's Creek.
ADJACENT WATER BODY: Bernard's Creek
CLASSIFICATION: CSw
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
A 401 Certification was previously issued to New Hanover
County for the Hearthside Drive road crossing part of the
project.
A Stormwater Management Plan was approved for this project
on April 15, 1992.
Site visits were conducted for this project on March 4, 1992
and April 17, 1992.
This Office has no objection to the filling of the three
acre isolated wetland area. During site visits, this office
expressed concerns over the filling of wetlands adjacent to the
existing drainage swale on the property. Since that time the
applicants have proposed to mitigate the loss of these wetlands
by the creation of 1.85 acres of wetland habitat adjacent to this
same drain. This Office does not have any objections to the
mitigation proposal and concur with the proposal submitted to
Jeff Richter on April 1, 1992.
41? . ; op''
92172.Apr
Page Two
1. The project will require a 401 Water Quality Certification.
2. The project complies with the General 401 Water Quality
Certification No. 2671 for Headwater Wetlands.
This office has no objection to the project as proposed.
JHG:92172.Apr
cc: Wilmington Regional Office Files
Central Files
s . t .00-01

WETLAND RATING SYSTEM WORKSHEET
Project No. or description r /7a 14k. ;C"/C
Location
County _Z{/?,,Nearest road or town ??/
River basin ?- S Ct 7Nearest stream A,%R xoFc and classification CS4,
Evaluator ?i2f GJSyr-
Agency and address y,- G
Date and time evaluated Jj???
Major Wetland Type 6(a5,'- Pisa/-r'c
Approximate size of wetland system - 3 acres
Approximate extent of wetlands in area J. -S acres
within miles
Three most common plant species (in order)
Soil Series ;if known) A,,,e,,;1k `ztvl--
Hydrologic indicators_ Z ?y?cf,?q f 4tP-
Direct surface hydrologic c nnection? YES
Existing Conditions
Drainage d-c.GeJ ow?? Pew -ATS ? o? s 1e )
Disturbance
Restoration potential
Restoration value
Is site known to provide habitat for rare, endangered or
threatened species? If so, list species observed or recorded.
Item No.
I. Location/Landscape
1 Natural area buffer
2 Sensitive watershed
3 Dispersal corridor system
II. Ecological Values
4 Special ecological attributes
5 Wildlife habitat
6 Aquatic life
7 Water storage
8 Streambank stabilization
9 Removal of pollutants
III. Human Values
10 Outdoor recreation/education
11 Economic value
Total score
Site description and notes:
Score (circle one)
5 0
5 4 3 2 1 0
5 4 3 2 10 0
5 4 3 2 1 V
5 4 .3 © 1 0
5 4 3 2 6) 0
5
5 4
4 3
3 2
2 0
1 0
5 4 3 2 0
5 4 3 2 0
5 4 3 2 Q 0
3.3

WETLAND RATING SYSTEM WORKSHEET
Project No. or description Ta i7 ) R;Cl< Ayd (1 ^-
Location - S?.
County -Iu/?fe Nearest road or town kvi lkne A-(
River basin
Nearest stream tS??1C CK and classification
Evaluator fc ?f? Sd?
Agency and address hFAk
Date and time evaluated W,? ??
Major Wetland Type 1?4,4-ta, *6-4 ' ?? «f --tY? „`
Approximate size of wetland system
Approximate extent of wetlands in area-2-l:
within miles
acres
acres
Three most common plant species (in order) : Pd,? Pry R
Soil Series (if known)
Hydrologic indicators- Se&,e4
Direct surface hydrologic connection? NO
Existing Conditions
Drainage
Disturbance,-?-(-,, S-t _
Restoration potential ?o
Restoration value
is site known to provide habitat for rare, endangered or
threatened species? !? y If so, list species observed or recorded.
Item No. Score (circle one)
I. Location/Landscape
1 Natural area buffer 5
2 Sensitive watershed 5 4 3 2 1
3 Dispersal corridor system 5 4 3 0 1 0
II. Ecological Values
4 Special ecological attributes 5 4 3 2 1
5 Wildlife habitat 5 4 3 6) 1 0
6 Aquatic life 5 4 6) 2 1 0
7 Water storage 5 4 .3 2 1 0
8 Streambank stabilization 5 3 2 1 0
9 Removal of pollutants 5 3 2 1 0
III. Human Values
10 Outdoor recreation/education 5 4 3 62 1 0
11 Economic value 5 4 3 2 ® 0
Total score
Site description and notes:

13

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 George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary June 2, 1992 Director
Mr. Rick Medlin
P.O. Box 7284
Wilmington, N.C. 28406
Dear Mr. Medlin;
RE: Draft 401 Certification conditions
Permit # 92172
New Hanover County
Your request for a 401 Water Quality Certification for the
abovementioned project has been reviewed by the Wilmington
Regional Office and Central Office of the Division of
Environmental Management. Based on this review, we believe that
the Certification can be issued for this project provided that
proper design and monitoring of the proposed mitigation site be
agreed upon in writing by yourself and the Division. The
following conditions are offered for your review and discussion.
After final agreement on the conditions, I will need a letter
from you stating your intent to comply with these conditions.
1. Conduct an ecological investigation of the wetland area
to be filled adjacent to the small drainageway.
This survey will prepare a plant species list for each of
the tree, sapling, shrub and herbaceous layers with

V estimates of cover by species where possible. This will
provide a baseline by which to judge mitigation success.
Plant appropriate wetland plant species as indicated by
the above analysis. Planting density should result in a
final plant survival of about 300 stems per acre after
three years unless the ecological investigation documents
a lower existing tree density. The following tree
species are suggested: red maple, sweet gum, loblolly
pine, and either willow oak or water oak as well as other
species documented on the site. Oak species are to be
added to increase the wildlife value of the site. A
final list of species to be planted shall be provided and
approved by DEM.
3. A minimum of four permanent vegetation monitoring plots
shall be establishe8[EGlotIAlAF,?CESShould be monitored
Asheville Fa?lplfie'diatel&f..A, i&er plapti?pg andV&P,nX,$e end Nngin ch groW,d,sic fgSalem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 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

IMr. Rick Medlin
June 2, 1992
Page 2
3. A minimum of four permanent vegetation monitoring plots
shall be established. Plots should be monitored
immediately after planting and at the end of each growing
season for three years. Plants present shall be counted
and identified to species where possible. Recordings of
soil chroma, color and hue shall be made at these times
and reported.
4. Hydrology sufficient to meet the criteria outlined in the
1987 Corps of Engineers Wetland Delineation Manual must
be documented. Permanent monitoring wells will be
installed during the first growing season after planting
for this purpose.
5. After the final elevation is established on the
mitigation site, soil shall be stripped from the wetland
area to be filled and deposited on the 1.89 acre created
wetland site. Trees will then be planted at appropriate
densities on the site. A temporary, annual ground cover
will be planted to prevent erosion.
6. Success shall be defined as survival of at least 300
trees (or saplings) per acre of the desired species (or
fewer if docuemnted by the ecological investigation)
after three years and the successful demonstration of
hydrology after three years or less. If these measures
are not achieved, immediate measures will be taken by the
applicant to meet these criteria.
7. Any deviations from these conditions
revocation of the 401 Certification
writing to these changes.
8. Four
shall
other
copies of the annual mitigation
be submitted to DEM for review
will result in
unless DEM agrees in
monitoring report
by ourselves and
agencies. n 1 _M-t'
61 t?Y'? r
Please contact me by June 10, 1992 to discuss and finalize
these mitigation plans. If you have any questions, please
contact Mr. Ron Ferrell or myself at 919-733-1986.
Sincerely yours,
John R. Dorney
cc: Jim Gregson, Wilmington Regional Office
Steve Morrison, Land Management Group
. ^•:-.?`
Ta $TA7j'
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, NC 27626-0535
TELECOPY TO:

FAX NUMBER:
FROM: PHONE: l?
NO. OF PAGES, INCLUDING COVER SHEET: ?
COMMENTS: J
WATER QUALITY SECTION
FAX # [phone]

r

NEW FILE REPORT
C JUN 02 '92 11:50AM l
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MEMO
DATE:
TO:
SUBJECT:

+tv-L' arde- 012 -4-)I*(Y?-.'
AMY -5fcdcll

From:

STATE
North Carolina Department of Environment,
Health and Natural Resources
eq Printed on Recycled Paper
Y? QI/AM ?Y
MEMO
DATE:
TO:
SUBJECT:
s I??IHZ.

?cM? ?ov?r
U3R?L
i4D -
From:
off. s<Y? / ?
?.?.1 North Carolina Department of Environment,
Health, and Natural Resources e Printed on Recycled Paper
s? Guun .nog'

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 May 26 1992 George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary Director
Mr. Rick Medlin
P.O. Box 7284
Wilmington, N.C. 28406
Dear Mr. Medlin;
RE: Proposed wetland fill and mitigation plan
Permit # 92172
New Hanover County
Your request for a 401 Water Quality Certification for the
abovementioned project has been reviewed by the Wilmington
Regional Office and Central Office of the Division of
Environmental Management. Based on this review, we believe that
the Certification can be issued for this project provided that
proper design and monitoring of the proposed mitigation site be
agreed upon in writing by yourself and the Division. The
following conditions are offered for your review and discussion.
1. Conduct an ecological investigation of the wetland area
to be filled adjacent to the small drainageway. This survey will
be needed to compare to the created wetland to determine if
wetland creation is successful.
2. Plant appropriate wetland plant species as indicated by
the above analysis. Planting density should result in a
final plant survival of about 320 stems per acre after
three years unless the abovementioned survey indicates a
lower existing density. Alternatively, moving trees and
shrubs with a tree spade may be appropriate for at least
a portion of the wetland and may indeed be preferable.
3. A minimum of four permanent monitoring plots shall be
established. Plots should be monitored immediately
after planting and at the end of each growing season for
three years.
RFCIONAL. OFFICES
Asheville Fayetteville Mooresville Ralcil;h Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An F(lual Oppununav Affirmative Action Employer

Mr. Rick Medlin
May 26, 1992
Page 2
4. Hydrology sufficient to meet the criteria outlined in the
1987 Corps of Engi ers Wetland Delineation Manual must
be documented for o days during the growing season.
Permanent monitoring wells are preferable during the
first growing season after planting.
DEM will need copies of annual reports on the monitoring of
the creation site. Success criteria will need to be agreed upon
as will remedies if mitigation is unsuccessful. We can best
discuss these measures after the above itmes are agreed upon.
Please contact me by June 10, 1992 to discuss and finalize
these mitigation plans. If you have any questions, please
contact Mr. Ron Ferrell or my--.;elf at 919-733-1986.
Sincerely yours,
d1l
Jo R. Dorney
cc: Jim Gregson, Wilmington Regional Office
Steve Morrison, Land Management Group

May 26, 1992
Mr. Rick Medlin
P.O. Box 7284
Wilmington, N.C. 28406
Dear Mr. Medlin;
RE: Proposed wetland fill and mitigation plan
Permit # 92172
New Hanover County
Your request for a 401 Water Quality Certification for the
abovementioned project has been reviewed by the Wilmington
Regional Office and Central Office of the Division of
Environmental Management. Based on this review, we believe that
the Certification can be issued for this project provided that
proper design and monitoring of the proposed mitigation site be
agreed upon in writing by'yourself and the Division. The
following conditions are offered for your review and discussion.
1. Conduct an ecological investigation of the wetland area
to be filled adjacent to the small drainageway. This survey will
be needed to compare to the created wetland to determine if
wetland creation is successful.
2. Plant appropriate wetland plant spe es as indicated by
the above analysis. Planting density should result in a
final plant survival of about 320 stems per acre after
three years unless the abovementioned survey indicates a
lower existing density. Alternatively, moving trees and
shrubs with a tree spade may be appropriate for at least
a portion of the wetland and may indeed be preferable.
3. A minimum of four permanent monitoring plots shall be
established. Plots should be monitored immediately
after planting and at the end of each growing season for
three years.
_?S
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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, NC 27626-0535
WATER QUALITY SECTION
FAX # [phone]
TELECOPY TO: `? r S
LI/
FAX NUMBER: 1 I I ?? O v 0
FROM: PHONE:
NO. OF PAGES, INCLU) NG COVER SHEET:
COMMENTS:

NEW FILE REPORT
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( MAY 26 '92 08:40AM )
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DEPT. PAGES GROUP REMOTE TERMINAL
* NO. CODE IDENTIFICATION
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* REMAINING CALL CAPACITY 399
* *
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********************************************************************************************

4? III
Mr. Rick Medli
P.O. Box 7284
Wilmington, N 28406
Dear Mr. MedYin:
6p- WQ_V
May 19, 1992
J
Subject: Pr posed wetland fill and mitigation plan
P rmit #92172
N w Hanover County
Your equest for a 401 Water Quality Certification for the
subject pr ject has been reviewed by the Wilmington Regional Office
and by the Division's Central Office. Based on this review the
certificat'on can be issued for this project provided that you
agree to the following conditions concerning the 1.85 acre
mitigatio proposal.
1. onduct an ecological analysis of the wetlands adjacent to
the exis ing drainage swale to determine the wetland species
present. If he atur 1 v eta tr on s en r move or lte ed
l c a e ren to d e t LX we d et i ha
ld pres u er atural conditions.
2. Plant appropriate wetland species as indicated by the
above analysis. Planting density is optional however a minimum of
320 stems per acre of the desired species must survive for a
minimum of 3 years after planting.
3. A minimum of 4 monitoring plots must be established. Two
of these plots should be permanent and. 2 may be randomly located
during each monitoring event. Plots shall be monitored immediately
after planting and at the end of each growing season until 320
stems per acre of the desired species have survived for 3 years.
4. Hydrology sufficient to meet the criteria outlined in the
1987 Corps of Engineers Wetland Delineation Manual must be
documented for 25 days during the growing season. Rainfall during
this period should be no more than 10? above normal.
Please indicate your response to these requirements by June

10, 1992. If you have questions concerning this matter please
contact Ron Ferrell at 919/733-1786.
Sincerely,
John Dorney
cc: Jim Gregson, Wilmington Regional Office
Medlin.let/REF-2WP
f op-
9-,anda&nV""-?W Swcq?,
9l` t?l AX 25V
919-452-000Y
9v SOrg6/,e» .,I?owrmn.
April 1, 1992
Jeff Richter
US Army Corps of
Regulatory Branch
P.O. Box 1890
Wilmington, N.C.
Dear Jeff:
Engineers
28402
RECEIVED
APR r' ,^^2
b'iii ;i?gon R?-;i?r.rf Q;fls
..rile 74
3W5 9v.. .s?uorerre
9vrl wi«8low? .N?e "403
I have enclosed a joint application form for a Nationwide 26 PDN
and 401 certification for Mr. Rick Medlin. His tract is located on
the south side of the 17th St. extension in New Hanover County.
You will note that he is offering mitigation for the proposed fill
area located along the draw on the northwest side of the tract.
The proposed mitigation area is in the southwest corner of the
tract. The proposed mitigation area would serve as a borrow area
and be the source of fill material on the site. The grade would be
taken down to just below the elevation contour of the adjoining
wetland to insure proper groundwater hydrology. Afterward, a 6-12"
layer of hydric soil from the proposed fill area would be spread
over the mitigation area. The previously removed and stockpiled
wetland root mat would then be transported to the mitigation area
and disced into the hydric soil.
This mitigation procedure was recommended by Mr. Carl Bates who is
the president of Plants for Tomorrow, Inc. (see enclosed
literature). I discussed soil and plant types to be mitigated with
him and this method gave us the best chance for re-vegetation with
the hydrophytic plant types. In his opinion, the root stock will
sprout successfully if the site preparation is handled in this
manner.
If after two years the vegetation is not successfully established,
the owner would plant nursery stock specimens of the native wetland
shrubs in the mitigation area.

Jeff Richter Page 2
Please contact me with any comments or questions on this request at
your convenience.
Sincerely,
Steve Morrison
Environmental Consultant
SM/dm
Enclosure
cc: Jim Gregson V
MEMO
TO:
W ? t.?JZ 1?CL-sue (??=Zac.«(L- NCt
C?< rp oNS r-- -t5 ; 3 C- N ` 1
DATE: -Z 5---
SUBJECT:
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From:--
srATE 1 n-nr s t N ,- 3 v a _
??..m.4 North Carolina Department of Environment,
Health, and Natural Resources
/ Printed on Recycled Paper
?Q-? (?
DEM ID:
ACTION ID:
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
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]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: Rink Medlin
2. OWNERS ADDRESS: P.O. Box 7284
Wi1mingtnn, N-(!- 28406
3. OWNERS PHONE NUMBER (HOME): (WORK): 395-6821
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,-ADDRESS,
PHONE NUMBER: Steve Morrison, Land Management Group, Inc.
P.O. Box 2522
Wilmington, N.C. 28402
919/452-0001
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: New Hanover
NEAREST TOWN OR CITY: Wilmington
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Site is
3000' west of intersection of seventeenth street extension and hwv 132
on south side of road
6. NAME OF CLOSEST STREAM/RIVER: Doctor's Branch
7. RIVER BASIN: Cape Fear River
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS It OR WS II? YES [ ] NO [X]
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ J NO [X]
IF YES, EXPLAIN. N/A
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
7.2 acres
2/3/92

-2-
11.
NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: 4.45 Wetland Created: 1.85
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: 4.45
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Construction of
planned apartment complex with wetland mitiga ion.
13. PURPOSE OF PROPOSED WORK: Apartment facility construction.
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. Partial wetland fili necessary for economic feasibility.
Fill areas wi avoid owes we -land areas. Constructed wetland area
to be offered as mitigation.
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
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [ ] NO [ ] N/A
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
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 [ ] NO [ ] N/A
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
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 THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Vacant and resi
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
City sewer system
OWNER'S SIGNAT E DATE
WETLAND DELINEATION MAP
17th MEET ex7th"W
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404 WETLAND
7.2 ACRES
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LOCATION MAP
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PROPOSED FILL AND MITIGATON
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4 45 SAC TOTAL ??alaffs
PROPOSED MITIGATION AREA
1.85 AC TOTAL
NET FILL 2.6 ACRES
NEW HANOVER COUNTY, NORTH CAROLINA - SHEET NUMBER 23
ar-quo"
50 QUAUbni
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NEW HANOVER COUNTY, NORTH CAROLINA - SHEET NUMBER 23
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WETLAND DELINEATION MAP
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7.2 ACRES
` PROPOSED FILL AND MITIGATON
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® PROPOSED MITIGATION AREA
1.85 AC TOTAL
NET FILL 2.6 ACRES
LAND MANAGEMENT GROUP
P.O. BOX 2522
WILMINGTON, N.C. 28402
' WETLAND ®ETERMNATION
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• P.O. BOX 2522
• WILMINGTON, N.C. 28402 '
UPLAND DETERMINATION
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Prepared By:

DEM ID: tO
AP
JOINT APPLICATIO F
NATIONWIDE PERMITS THAT REQUIRE NOTIFI A A ISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
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]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL .MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: Pi rk Math in
2. OWNERS ADDRESS: P.O. Box 7284
Wilmincrton, N-r_ 28406
3. OWNERS PHONE NUMBER (HOME): (WORK): 395-6821
4. IF.APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,-ADDRESS,
PHONE NUMBER: Steve Morrison, Land Management Group, Inc.
P.O. Box 2522
Wilmincrton. N.C. 28402
919/452-0001
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: New Hanover
NEAREST TOWN OR CITY: Wilmincxton
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Site is
3000' west of intersection of seventeenth street extension and hwv 132
on south side of road.
6. NAME OF CLOSEST STREAM/RIVER: Doctor's Branch
7. RIVER BASIN: Cape Fear.River
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS It OR WS II? YES [ ] NO [x]
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [XI
IF YES, EXPLAIN. N/A
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
7.2 acres
2/3/92

-2-

FLOODED:
EXCAVATED:
TOTAL IMPACTED:
NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: 4.45 Wetland Created: 1.85•
DRAINED:
4.45
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Construction of
planned apartment complex with wetland mitigation.
13. PURPOSE OF PROPOSED WORK: Apartment facility construction.
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. Partial wetland fili necessary for economic feasibility.
Fill areas will avoid owes wetland areas. Construct wetland area
to be offered as mitigation.
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
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [ ] NO [ ] N/A
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
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 [ ] NO [ J N/A
RESPONSE.FROM THE SHPO SHOULD BE ATTACHED.
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 THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Vacant and resi
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
City sewer system
OWNER'S SIGNATAE DATE
'/
fz
Charles R. Fullwood, Executive i e 'tor (?'
MEMORANDUM
TO: John Dorney
Division of Environmental Management
FROM: Richard B. Hamilton 19
Assistant Director
® North Carolina Wildlife Resou ? 'on
512 N. Salisbury Street, Raleigh, North Carolina 2 sll$?Ql
DATE: April 21, 1992
SUBJECT: Section 401 Water Quality Certification for a Section 404 Nationwide Permit
for Rick Medlin, Isolated wetlands, Wilmington, New Hanover County,
North Carolina.
Professional biologists from our staff have reviewed the subject Nationwide Permit.
This correspondence is provided in accordance with certain provisions of the Fish and
Wildlife Coordination Act 48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the North
Carolina General Statutes (G.S. 113-131 et seq.)
The applicant, Rick Medlin, is requesting a permit for placing fill in 404 wetlands
associated with a proposed apartment complex. A large portion of the tract appears to be
wetlands. The project will fill approximately 4.45 acres of wetlands. There is also a
proposed mitigation area of 1.85 acres, although no plan for the establishment of these new
wetlands was included. Wetland areas provide valuable wildlife habitat, serve as wildlife
travel corridors, and provide water quality filtration areas.
As proposed, the Wildlife Resources Commission has concerns with this project, in
that valuable wetlands will be lost. The WRC considers wetland areas to be significant for
wildlife and fish habitat and opposes their destruction. We feel the project should be
redesigned in order to avoid and minimize impacts in wetland areas. The 401 Water
Quality Certification should not be issued until the requested modifications are submitted.
Thank you for the opportunity to review and comment on this application. If we can
provide further assistance, please call on us.
-733-3391
cc: Bobby Maddrey, District 2 Wildlife Biologist

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