19960420 Ver 1_Complete File_19960813

CHARLIE HOLLIS
REGULATORY CONSULTANT
138 GREEN FOREST DRIVE
WILMINGTON, NC 28409
FEBRUARY 9, 1998

Project: Revised Wetland Map:
Mr. Rick Batchelor; Omni Homes
New Hanover County; DWQ Project #96040

Mr. John Dorney
N. C. Division of Water Quality
4401 Reedy Creek Rd,
Raleigh, NC 27607

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Dear Mr, Dorney: .1 ,.-J
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Please refer to the recent letter from your Department _It.... '
regarding an apparent violation at his Belmar Forest project in New Hanover County,
Please be advised that Mr. Batchelor has worked closely with the Corps of Engineers
over the several months since your Certificate was issued and has made sufficient
drainage improvements to result in a considerable reduction of the area of jurisdictional
wetlands that were initially mapped. Upon a field examination conducted by the Corps
on September 18, 1997, a revised wetland map was approved. Mr. Batchelor's work has
been carefully conducted so as to avoid encroachment into the wetlands as finally
approved by the Corps.

It is my understanding that Mr, Mike Taylor ofthe Wilmington Corps office has
provided you with a copy of the final map. Please contact me if you have any questions.

~

Charlie Hollis

Cy: Rick Batchelor

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MEMORANDUM

PRINT NAMES:
JOHN DORNEY ~QV~~;~~: $'~-"-
ENVIRONMENTAL SCIENCES BRANCH DATE: ______

TO:

SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS

***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***

PERMIT YR: 96 PERMIT NO: 0000420
APPLICANT NAME: OMNI HOMES
PROJECT TYPE: ROAD CROSSING
COE_" :
RCD FROM CDA: APP
- -
REG OFFICE: WIRO

COUNTY: NEW HANOVER

PERMIT TYPE: NW14&18
DOT_II :
DATE_FRM_CDA: 05/06/96

RIVER AND SUB BASIN II : 030617 STR INDEX NO: 18-74-63
- - - - -
STREAM CLASS: C ~ v "12
'11 ~ ~
WL IMPACT? : Y/N WL TYPE: o (\'\
'i 02_
- l:'b cP ~
WL REQUESTED: WL ACR EST?: Y/N ','X_ ~
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-:- ~.\ (F'
WL SCORE( II) : WATER IMPACTED BY FILL?: Y/N i}l
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MITIGATION?: Y/N MITIGATION TYPE:

MITIGATION SIZE:

DID YOU REQUEST MORE INFO?: Y/N
IS WETLAND RATING SHEET ATTACHED?: Y/N
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/N

RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY
COMMENTS: J;~ ( .~' ~ ~ /,J ,/{/-f/.)</Ie-l (,"--1 ('~ '[

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Regional Office
Central Files

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DEM ill: 9 6 0 4 2 0 ACTION ID:
Nationwide PemUt Requested (provide Nationwide PemUt #): 14 & 18

JOINT FORM FOR

WATER QUALITY PLANNING
DIVlSION OF ENVffiON1v1ENTAL
NC DEPARTMENT OF ENVIRO .
AND NATURAL RESOURCES If
P.O, Box 29535 I
Raleigh, NC 27626-0535
AITN: MR, JOHN DORNEY .J\-ETLAI,j';""
w'~/FR ro. ,..
Telephone (919) 733-S083..'..~.~.

ONE (1) COPY OF TillS CO!\1PLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGIl',fEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DrV1SION OF ENVIRONMENTAL !\1ANAGEMENT.
PLEASE PRINT,

1. Owners Name:

WTLMfr.lGTON DISTRJCT ENGINEER
CORPS OF ENGINEERS
DEPARTIYfENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-] 890
AITN: CESAW-CO-E
Telephone [phone] ]

Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
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, HEALTH.
MirY

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OMNI HOMES. INC. (Mr. Rick Batchelor)

2. Owners Address: P.O. Box 3608: Wilmington. NC 28406
3. Owners Phone Number (Home):

(Work): 910-686-2742

4. If Applicable: Agent's name or responsible corporate official, address, phone number:
CHARLIE HOLLIS, REGULATORY CONSULTANT
138 GREEN fOREST DRIVE

WILMINGTON NC 28409

PHONE/FAX [phone]

5. Location of work (MUST ATIACH MAP), County: New Hanover

Nearest Town or City:

Wilmington

Specific Location (Include road numbers, landmarks, etc,): Ad ;acent to Rowsgate Lane: near
Shenandoah Street (Harris Road extended)

6. Name of Closest StreamfRjver:

Smith Creek

7. River Basin:

Cape l"ear

8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS !, or WS Il? YES () NO be>>
9. Have any Section 404 permits been previously requested for use on this property? YES [] NO ~~
If yes, explain.
10. Estimated tOLa] number of acres of waters of the U,S., including wet13.nds, located on project sile: 20

11. Number of acres of waters of the U.S., including wetlands, impacted by t.he proposed project:

FiUed:
Drained:
Flooded:

0.38 Ac

Excavaled:

To La I Impacted: 0.38 Ac

,

12. Description of proposed work (Attach PLANS-8 112" X 11" drawings only): Const ruct st reet cross ings
(3 crossings) of wetland drains

13. Purpose of proposed work:

Provide access around property for residential development

14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Wptl~nci~ ~pp~r~tP ~p~tions of high Rr;Ollnci within the property

15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine,Fisheries Service
(NMFS) re garding 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 xx] NO [ ]

RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS,

16. You are required to contact the State Historic Preservation Officer (SHPQ) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YESxx] 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 storm water management plan is required for this project. attach copy.

E. What is land use of surrounding property? Residential
F. If applicable. what is proposed method of sewage disposal? enm",,,,,; t y

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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality

JamesB. Hunt, Jr., Governor
Jo n a th an B. I-b wes, Sec reta ry
A. Preston I-bward, Jr., P.E., Director

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-- -- --
- - -

DEHNR

August 29. 1996
New Hanover County
DWQ Project # 960420

APPROV AL of 401 Water Quality Certification and ADDITIONAL CONDITIONS

Mr, Rick Batchelor
Omni Homes. Inc.
P.O. Box 3608
Wilmington. NC 28406

Dear Mr. Batchelor:

You have our approval to place fill material in 0.75 acres of wetlands or waters for the purpose of
constructing road crossings at Belmar Forest subdivision. as you described in your application dated 1 August
1996. After reviewing your application. we have decided that this fill is covered by General Water Quality
Certification Numbers 2732 and 2733. These certifications allow you to use Nationwide Permit Numbers 14
and 18 when they are issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you descri~'in your application except as
modified below. If you change your project. you must notify us and you may be required to send us a new
application. For this approval to be valid, you must follow the conditions listed in the attached certification
and any additional conditions listed below. Stormwater from the residential lots shall be directed to sheetflow
into remaining wetlands. Deed restrictions shall be placed on remaining wetlands to prevent futtJre fill. In
addition. you should get any other federal. state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion Control, Coastal Stormwater. Non-Discharge and Water
Supply Watershed regulations.
If you do not accept any of the conditions of this certification. you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings. P.O. Box 27447. Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Oean Water
Act If you have any questions, please telephone John Dorney at 919-733-1786.

Attachment

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cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Central Files
Charlie Hollis
Linda Lewis; Wilmington DWQ Regional Office

960420.ltr

Division of Water Quality . Environmental Sciences Branch
Environmental Sciences Brandl, 4401 Reedy Creek Rd,. Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer' 50% recycled/10% post consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality

James 8, Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E" Director

MA

DEN R

January 16, 1998

CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Mr. Rick Batchelor
Omni Homes, Inc.
P. O. Box 3608
Wilmington, NC

SUBJECT:

Notice of Violation and Request to Cease Unauthorized Activity
Section 401 Water Quality Certification
Belmar Forest Subdivision
New Hanover County

Dear Mr. Batchelor:

On August 29, 1998 you were issued a 401 Water Quality Certification authorizing the placement of fill
in 0.75 acres of wetlands for the purpose of developing Belmar Forest Subdivision in New Hanover County.
That Certification contained the additional conditions requiring stonnwater from adjacent lots be directed to
sheetflow into the remaining wetlands and that deed restrictions be placed on the remaining wetlands to prevent
future fill.

As part of an ongoing 401 Water Quality Certification compliance inspection program, JoAnne Steenhuis
from the Division's Wilmington Regional Office and Pete Colwell from this office made a compliance inspection
of Belamr Forest on January 14, 1998. They found that although the northern portion of the subdivision roads
had not been completed (Croft Place. Riva Ridge Road, end of Shire Lane), significant violations of the 401
Water Quality Certification had already occurred. Listed below are the specific concerns identified.

1. Change in the development plans (addition of Goose Woods Drive) without notification. The lots off
the north side of Goose Woods Drive appear to be almost entirely wetlands according to the August I
1996 plat submitted.
2. Impacts to the wetland area between Hyatt Lane and Rowsgate Lane where the wetland has been
mechanically cleared and graded.
3. Wetland area west of Hyatt Lane and north of Goose Woods Drive has been recently ditched to drian
them to the west
4. Wetland area east of Rowsgate Lane has also been recently ditched.
5. Perimeter ditching was also found around the wetlands on lots 40 to 45, 101 to 103, and 95 and 96.
This ditching appears to have been recently put in to drain the adjacent wetlands, which violates the
State Water Quality Standards for wetlands (15A NCAC 2B .0231).
6. Also, it is difficult to tell if the project has been designed to allow stonnwater to sheettlow into the
adjacent wetlands.

Environmental Sciences Branch . 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
M Equal Opportunlly AIIlrmatlve Action Employer 50'1. recycied'lO% post consumer paper

It is hereby requested that you CEASE AND DESIST any further unauthorized activities in waters or
wetlands of the State. Continuation of the unauthorized activities may result in civil penalties or other legal
action against you. In order to resolve this matter you are requested to provide updated plats for the subdivision
and reapply for the additional impacts or restore all unauthorized wetland impacts back to their original
condition. It should be noted that any new 401 WQC review will be under rules (T15A: 02H.500) adopted
October 1, 1996 which require mitigation for all wetland impacts when those impacts exceed one acre in size.
You are required to notify this office by January 30, 1998 as to your intentions and actions to resolve this matter
and abate continuing violations. A follow-up site inspection will be made in the immediate future to determine if
you have complied with this request.

Your cooperation in resolving this violation as quickly as possible is appreciated, By copy of this letter
the US Anny Corps of Engineers will be notified of this action and requested to place any project reviews on
administrative hold. Should you have questions about this action please contact JoAnne Steenhuis at the
Wilmingon Regional Office, 910-395-3900.

cc:

Central Files
Regional Office Files I J;, A r1 vtc
John Dorney, DWQ
USACOE
Attorney General

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UIVl-S10N'OF WATER QUALITY
WATER QUALITY SECTION

401 COMPLIANCE MONITORING
FO &.\1

, /,1- () Ii, ' ,/
DWQ Investigator: ) 1P{ ~1 Il115 / {o(w-Y / DWQ # 1ttJL!7t}
Date: 1// tf /1~ Time: '1 ~ ,30 Regional Office: t.v., 'If {J County: /l/p C-t/ (-!t2~
Project Name: 0/.#1 /llt- H ~ut-t' J / O,e ((/v1C1V' Fo'/-P sf
Permittee: {Y(v k IJtt -tv{/ e (0 r
Location of Project: Off /--(vtl->"':' j lei Cfl/1Cl (;Ov-d:,"1 ;f}/I

Type of Development Authorized: tejtA~Vt t, q'/ r;vI6cAiv,
Type of Permit 1 \Vater Quality Certification: A/w /4' ; I ~ / 1 7)} rf } 7 })
Type of Impact: i,A/.e of fa 0 j r> (( (01 75) reI" Jt'()QrJ5' 5CJ/;<1 e Jot /-;//

Wetland Type and DWQ Rating: W r /1-1 w'l:- /
Nearest Stream: Sin / fn C I/' /( Basin/Sub.: ('(,(y:'eF fer;
Distance of Wetland Impact from Nearest Surface Water: ~ 6eytJv,) 'I'JtJ(
Specific' 401 Conditions: .. 'fp'~.VI1 '(ft-uffV'5heef :{0'''1/ tt11() /l\e"V[ct!\t~/IA' t.vt~I~,,-A
O~.ej t? esf V'{~f/OJ15

Is project i~ compliance with aU conditions:' Y ,I @ __

Comments 1 Description: w~f{a'1). JJefW.ef(,., t-fYtdi I- ~Ow>?effe l-at,~) tPf

heftl, 1~~ci~d QlAcA IJ'f-WlOU.e)/ f/tw Iv) c,ff I-Iyaf.f eft! eJc;eu/{0ffcft1/

di"fcIl-i5 l't1 Lv'e1-laV]), aV'fJt/ d/fuL, f'i rJl/t;J;Al/l.) V' ",sf of iV-e,fltl4jS

{,f'df f ! lacof: /Vf'., ial/1 e Cu! v/~ ~t- Ilef 1'0 tlal/i /,Mtl It-it fA /

j,t .p e (.1 t/I (I vv jJ {.;l if

Is there a violation of the 401 Certification authorization ? ~":;J
If so complete the enforcement section on the back of this form and forward copy to
the Cencrn11 Regional Office.

Signature:

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Dace:

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DWQ 12196

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960420

CHARLIE HOLLIS
REGULATORY CONSULTANT
138 Green Forest Drive
Wilmington, NC 28409
910/392-6833 (Phone/FAX)

August 1, 1996

Project: Revised Predischarge Notification; NWP 14 and 18
Belmar Forest; Omni Homes, Inc.; Mr. Rick Batchelor

Mr. Ernie Jahnke
Wilmington Regulatory Field Office
Regulatory Branch
P.O. Box 1890
Wilmington NC 28402-1890

and

Mr. Jim Gregson
N.C. Division of Environmental Management
Wilmington Field Office
127 Cardinal Drive Extension
Wilmington, NC 28405-3845

Gentlemen:

Please reference the following:
1. Meeting with the Corps (Matt Flint and Ernie Jahnke) and
Gary Mitchell and me on Monday, July 22, 1996
2. NCDEM letter of July 11, 1996
3. Corps letter (received by FAX) of July 24, 1996.

In response to the concerns expressed in the above referenced
contacts, several modifications and commitments have been made to bring
this project into compliance with existing Nationwide Permit and State
Certification criteria. A plan showing these modifications is inclosed
along with a revised PDN form. The modifications are as follows:

1. Fill crossings "Area 1", "Area 2", "Area 4", and "Area 7" and
install 18" culverts.
2. Fill crossings "Area 3", "Area 5", and "Area 6 without culverts
since no flow or movement of acquatic organisms will originate
from upstream.
3. "Area 8" is a filled crossing for a shared driveway for lots 65
and 66; one or more culverts will be installed.
4. All filled crossings will be constructed such that no sub-base
material will be placed below the wetland elevations in the
requested crossings.

A revised subdivision plan (copy inclosed) is provided that minimizes or
eliminates previously proposed wetland disturbance at the various
crossings and eliminates all fill previously proposed for lots. The
final recorded plat will show all wetlands throughout project.

...

Page 2

Under this revised proposal, the wetland disturbance requested for
the entire project totals only 32,834 SqFt (0.75 Ac). A summary of the
wetland impacts are:

Crossing NWP-14
Area 1 6089 SqFt
Area 2
Area 3 11888 SqFt
Area 4
Area 5 4795 SqFt
Area 6
Area 7 4869 SqFt
Area 8 1834 SqFt
Totals: 29475 SqFt

NWP-18

1791 SqFt

1139 SqFt

429 SqFt

+ 3359 SqFt

32834 SqFt (0.75 Ac)

Thank you for your patience with us on this project and for
assisting us with resolutions to the wetland issues. We believe we have
now developed a plan that answers the concerns that were raised. As you
know, the project has been stopped for several weeks pending our
response to these concerns. Now we urgently need to resume work on
Phase I as now proposed. (Phase I is the area south of Shire Lane and
including Shire Lane).

Please give your review of this request your highest priority so as
to allow us to go forward. Keep in mind that no work is proposed beyond
Phase I (north of Shire Lane) for several months.

Please call me at 910-392-6833 or 910-520-3645 if there are any
questions.

7J/Jel~,
~o

lncls: as

Cy: John Dorney, NCDEM

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REVISED SUBMITTAL

DEM ID: ACTION ID:
Nationwide Pennit Requested (provide Nationwide Pennit #): 14 & 18

JOINT FORM FOR

Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification

WIUv1INGTON DISTRICT ENGINEER WATER QUALITY PLANNrnG
CORPS OF ENGINEERS DIVISION OF ENVIRONlv1ENTAL 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
AnN: CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] AnN: MR. JOrm DORNEY
Telephone [phone]
ONE (1) COpy OF THIS COMJ>LETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N,C, DMSION OF ENVIRONMENTAL MANAGElYffiNT.
PLEASE PRINT,
1. Owner.; Name: OMNI HOMES INC. (Mr. Rick Batchelor)

2. Owner.; Address: P.O. Box 3608; WilminRton, NC 28406

3. O\l,11ers Phone Number (Home): (Work): 910-686-2742

4. If Applicable: Agent's name or responsible corporate official. address, phone number:

CHARLIE HOLLIS, REGULATORY CONSULTANT
138 GREEN FOREST DRIVE

WILMINGTON NC 28409 PHONE/FAX [phone]

5. Location of work (MUST ATTACH MAP). County: New Hanover

Nearest Town or City: Wi lmington

Specific Location (Include road numbers, landmarks, etc.): Ad iacent to RowsRate Lane;
near Shenandoah Street (Harris Road Extended)'.

6. Name of Closest StreamfRjver: Smith Creek

7. River Basin:

Cape Fear

8, Is this project located in a watershed classilled as Trout, SA, HQW, ORW, WS I, or WS ,II? YES () NO tXJ
9, Have any Section 4D4 pennils been previously requested for use on this property? YES [] NO tX]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 20

11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
NWP-14 NWP-18
Filled: 0.67 Ac 0.07 Ac

Drained:

Flooded:

Excavated:

Total Impacted:

0.67 .Ac + 0.07 Ac = 0.75 Ac

..--

12. Description of proposed work (Attach PLANS-8 112" X II" drawings only): Construct street crossings
and driveway crossings of various wetland drains

13. Purpose of proposed work: Provide access throu~h the property for residential development

14. State reasons why the applicant believes that this activity mus~ be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Wetlands separate sections of high gr~und within the property.

All lot fills have been avoided .and only wetland crossings are requested.

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 [X~ 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 IXx] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.

17, Additional infonnation 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 perfonned by a consultant, include all data sheets relevant to the placement of the
delineation line.

D, If a stonnwater management plan is required for this project. attach copy.
E. What is land use of surrounding property? Rpd c1pnt i ~ 1
P. If applicable. what is proposed method of sewage disposal? Community

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Agent's ~~ Signature

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Date

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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality

JamesB. Hunt,Jr., Govemor
Jonathan B. I-bwes, Secretary
A. Presto n I-b ward, Jr., P.E.t Direc to r

..VA

DEHNR

July 11, 1996

Mr. Rick Batchelor
OMNI Homes, Inc.
P.O. Box 3608
Wilmington, NC 28406

Project #960420
New Hanover County

Dear Mr. Batchelor:

The Division of Water Quality, Water Quality Section has reviewed your plans for the
discharge of fill material into 0.38 acres of waters and/or wetlands located in New Hanover
County for residential development. Based on this review, we have identified significant uses
which would be removed by this project. These u.ses are water storage and pollutant removal.
Furthermore, insufficient evidence is present in our files to conclude that your project must be
built as planned in waters and/or wetlands. Therefore, as presently submitted we may have to
deny your 401 Certification as required by 15A NCAC 2B.0109. Until we receive additional
information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers
and/or the N.C. Division of Coastal Management place your project on administrative hold,

Please provide us with information supporting your position that your project must be
constructed as planned and that you have no practicable alternative to placing fill in these waters
and/or wetlands. We are concerned that the roads as designed and installed (without approvals)
will unnecessarily drain adjacent wetlands. According to DWQ stormwater staff in the
Wilmington Regional Office, these roads do not ha'Ve to be installed below grade. Also a site plan
showing all lots and planned lot fills will be needed!before we can approve this development. We
also understand that a new application will be forthcoming. Please be sure to include in that
application the information listed above. Any documentation such as maps a.I)d narrative that you
can supply to address alternative designs for your project may be helpful in our review of your
401 Certification. Please respond within two weeks of the date of this letter by sending a copy of
this information to me and one copy to Jim Gregson at tl),e Wilmington Regional Office at 127
Cardinal Drive Ext, Wilmington, NC 28405-.3845. If we do not hear from you in two weeks, we
will assume that you no longer want to pursue, this project and we will consider the project as
withdrawn. I can be reached at 919-733-1786 if you have any questions.

"

cc: Wilmington DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
. Charlie Hollis

960420.nty

Division of Water Quality . Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535' Telephone [phone]' FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/1 0% post-consumer paper

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DEPARTMENT OF THE ARMY
WilMINGTON DISTRICT, CORPS OF ENGINEERS
P,O. BOX 1890
WilMINGTON, NORTH CAROLINA 28402-1890

O(J~OA2.0
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REPLY TO
ATTENTION OF

August 6, 1996

Regulatory Branch

Action ID No. 199603143 and Nationwide Permit Nos. 14 (Road Crossing) and 18
(Minor Discharges)

Belmar Forest/omni Homes
c/o Mr. Charlie Hollis
Regulatory Consultant
138 Green Forest Drive
wilmington, North Carolina 28409

Dear Mr. Hollis:

Reference your application of May 3, 1996, for Department of the Army
(DA) authorization to construct three road crossings of wetlands adjacent to
Smith Creek at the Belmar Forest subdivision located on Rowsgate Lane off
Shenandoah Street (Harris Road) near ogden north of wilmington, New Hanover
County, North Carolina.

As sketched on the attached subdivision plan dated August 1, 1996, this
authorization pertains to the three crossings in "Phase 1" associated with
Nyatt Lane (Area 1), Rowsgate Lane (area 2), and Shlre Lane (Area 3). The
remaining crossings (Areas 4-8) in "Phase 2" are currently being processed for
approval.

For the purposes of the 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. Authorization for
Areas 1 and 3, pursuant to Section 10 of the Rivers and Harbors Act of 1899
and Section 404 of the Clean Water Act, was provided for fills for roads
crossing waters of the United States (including wetlands and other special
aquatic sites) provided:

a. The width of the fill is limited to the minimum necessary for the
actual crossing;

b. The fill placed in waters of the United States is limited to a filled
area of no more than one-third acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;

c. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;

d. The crossing, including all attendant features, both temporary and
permanent, is part of a slngle and complete project for crossing of a water of
the United States; and

RECEIVED
AUG 0 8 1996

ENVIRONMENTAL SCIENCeS
"Q^~Ir,H

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-2-

e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer (DE) according to the "Notification" general
condition.

For the purposes of the 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. Authorization for
Area 2, pursuant to Section 10 of the Rivers and Harbors Act and Section 404
of the Clean Water Act, was provided for discharges of dredged or fill
material into all waters of the United States provided:

a. The discharge does not exceed twenty-five (25) cubic yards below the
elevation of ordinary high water;

b. The discharge will not cause the loss of more than 1/10 acre of a
special aquatic site, including wetlands. For the purposes of this nationwide
permit, the acreage limitation includes the filled area plus special aquatic
sites that are adversely affected by flooding and special aquatic sites
drained so that they would no longer be a water of the United States because
of the project;

c. If the discharge exceeds 10 cubic yards or the discharge is in a
special aquatic site, including wetlands, the permittee notifies the District
Engineer in accordance with the "Notification" general condition. For
discharges in special aquatic sites, including wetlands, the notification must
also include a delineation of affected special aquatic sites, Including
wetlands; and

d. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project and is not placed for the
purpose of stream diversion.

The following special conditions are applicable to these road crossings:

a. No sub-base material will be placed below wetland elevations at any
road crossing. All fill material must be placed at or above natural wetland
elevation. "Cut" road crossings through wetlands are not permitted by this
authorization.

b. Crossings at Areas 1 and 2 will be culverted to maintain surface
flows. Since the roadway is at the head of the wetland drain, it is not
mandatory to culvert the Area 3 crossing.

Your work is authorized by these nationwide permits 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) and, in the coastal area, a
consistency determination from the North Carolina Division of Coastal
Management (NCDCM). You should contact Mr. John Dorney, telephone (919) 733-
1786, regarding water quality certification, and Mr. Steve Benton, telephone
[phone], regarding consistency determination. This nationwide permit
does not relieve you of the responsibility to obtain other required State or
local approval.

I
~ ~

-3-

This verification will be valid until the nationwide permits are
modified, reissued or revoked, which will occur by January 21, 1997. It is
incumbent upon you to remain informed of changes to the nationwide permits,
which will be announced by public notice when they occur. If you commence, or
are under contract to commence, this activity before the date the nationwide
permit is modified or revoked, you will have twelve months from the date of
the modification or revocation to complete the activity under the present
terms and conditions of this nationwide permit.

Questions or comments may be addressed to the undersigned, Wilmington
Field Office, Regulatory Branch, telephone [phone].

Sincerely,

Ernest W. Jahnke
Wilmington Field Office Manager

Enclosure

Copies Furnished (without conditions/with map) :

Mr. Steve Benton
North Carolina Department
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina

of

27611-7687

\~r. John Dorney
Division of Environmental
North Carolina Department
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina

Management
of

27626-0535

Mr. C. Robert Stroud
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extended
Wilmington, North Carolina 28405

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NORTH CAROliNA DIVISION OF WATER QUAliTY
Water Quality Section
Wilmington Regional Office

MRMORANDIJM

Date: August 21, 1996

To:

John Dorney
Environmental Sciences Branch

James H. Gregso~

Jim Bushardt~ iJ~
Acting Water Quality Supervisor

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From:

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Subject:

Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Central Office Permit #960420
Omni Homes, Inc.
Belmar Forest Subdivision
New Hanover County

As you may remember, we met on site at the subject project on June 26, 1996 along with
Jimmie Overton, Ernie Jhanke, Jeff Richter and Matt Flint. We discussed on site that the COE
was requiring the applicant to include wetland impacts of road crossings as a result of not only
the road crossing foot print itself but also impacts associated with drainage due to the roads being
cut crossings instead of fill crossings in these wetland areas. Also discussed was the fact that the
applicant stated that the roads needed to be cut crossings because of requirements in their
stormwater management plan. On June 28, 1996, Ernie Jhanke, Matt Flint and I met with Linda
Lewis to discuss these stormwater issues. As a result of this meeting it was determined that the
stonnwater plan for this subdivision did not require road cuts to comply with the storm water roles.

On August 1, 1996, Charlie Hollis submitted a revised plan for the subdivision indicating
that all road crossings will be fill crossings with culverts being used where needed to maintain
flow within the wetland. Total project impacts with the new PDN are 0.75 acres.

This Office has no objection to the current proposal. It is recommended that the 401
Certification contain a condition that no fill of wetlands on individual lots will be allowed and that
deed restrictions shall be placed on all lots containing wetlands to prevent such future impacts.

JHG: 960420. Aug
cc: Wilmington Regional Office Files
Central Files