19870388 Ver 1_COMPLETE FILE_19880304

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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary March 4, 1988 Director
Mr. Rob Moul
Timber and Land
Management Consultants, Inc.
P. O. Box 1471
Wilmington, NC 28402-1471
Subject: Proposed Fill in
Headwaters or Isolated
Wetlands
Stonesthrow Apartments
New Hanover County
Dear Mr. Moul
Upon review of you-r request for Water Quality
_-Certification-to place fill material in an isolated wetland
near Doctors Branch, we have determined that the proposed
fill can be coveredby General Water Quality Certification
No. 2176 issued November 4, 1987 A copy of the General
Certification is attached. This Certification may be used
in qualifying for coverage under Cq,rps of Engineers'
Nationwide._Permit_No. 26.
If you have any questions, please contact Mills at
919/733-5083.
Sincerely,
Original Signed By
..M1 .
bbtliliiam C. Mills
- For ,,.
R. Paul Wilms
RPW/dkb
cc_: Wilmington District---Corps of Engineers
WiI.mington-Reg onaY Office
- Pollution Prevention Pays
P.U. Box 27687, Raleigh, North Carolina 27611.7687" Telephone [phone]

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Mr. Bill Mills
Division of Environmental
P.O. Box 27687
Raleigh, NC 27611
Dear Bill:
November 30, 1987
Management
y
?.}p
Enclosed is a 401 certification request to place about 3,000
c.y. of fill dirt, asphalt and/or ABC stone over 3.62 acres of
isolated wetlands for improvements to a pending apartment complex
located at the junction of John D. Berry Drive and the existing
"Echo East" subdivision in Wilmington. The wetlands have been
identified and are illustrated on the attached plat. Also, the
nationwide permit #26 is attached for your information.
The applicants purchased the site this summer and proceeded to
obtain all relevant local permits. City utilities consisting of
water, sewer and fire hydrants are presently in place. The city
planning board has also approved the project.
The isolated 404 wetlands consist of a fringe of bay-type
wetlands growing along the side slope of the adjacent deep sand
ridges. The porous sands bleed water out at the identified wetland
sites very infrequently. The applicants (John Harmon and
Associates) wish to root rake and landscape the entire site
consistent with their previously approved local documents.
Thank you for your consideration of this 401 certification
request. Should you have any questions, please feel free to
contact me at your convenience.
Sincerely,
Robert L. Moul
Land Use Consultant
RLM/nm
enclosures
cc: John Harmon
. `.
APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION - 401
. EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina t epa1t'mergofuthh ArI, v 1•.
(GS 146-12) Department of Natural Resources and Community Development f' Cgipsio-f Engin?eerl? Wl ?nir4t8n District
(GS 113-229, 143-215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 209.320-329)
r : r'?
0 `'.. C) t
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing VIA , ? at c?IT,/ -_C; I 10-E
Ir.
Stonesthrow'Apartments
1. Applicant Information
A. Name c/o Timber & Land Management Consultants, Inc.
Last First Middle
B. Address P.0- Box 1471
Street, P. O. Box or Route
Wilmington, NC 28402-1471 343-0172
City or Town State Zip Code Phone
11. Location of Proposed Project:
A. County New Hanover
B. 1. City, town, community or landmark _ Wilmington on John D. Berry Drive
2. Is proposed'work within city limits? Yes X No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Above headwaters
of Doctors Branch - isolated 404 wetlands
III. Description of Project
A. 1. Maintenance of existing project 2. New work City-approved apartment complex
B. Purpose of excavation or fill (3.62 acres)
I . Access channel length width depth
2. Boat basin length width depth
3. Fill area road & buildings length slqqwn widthT,depth ?/- 1 r (see plat)
4. Other length width depth
C. I. Bulkhead length Average distance waterward of MHW (shoreline)
2. Fype of bulkhead construction (material) N/A
D. Excavated material (total for project)
1. Cubic yards N/A 2. Type of material
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards. +/- '1000 r--y- 2. Typeofmaterial and ABC stone, topsoil, asphalt
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No X
B. Does the disposal area include any marshland, swamps or other wetland? Yes No X
C. Disposal Area
1. Location N/A
2. Do you claim title to disposal area? N/A
D. Fill material source if fill is to be trucked in Upland borrow. area and sand on-site
E. How will excavated material be entrapped and erosion controlled? N/A
I . 'I ype of equipment to be used Dc)zPra pan and scraper
G. Will marshland be crossed in transporting equipment to project site? If yes, explain No
a
&F-E1
A
V. Intended Use of Project Area (Describe)
A. 1. Private
2. Commercial
3. Housing Development or Industrial Apartment complex
4. Other
1. Lot size(s) Tram = 1 n arras
2. Elevation of lot(s) above mean high water +/- 30' (MSL )
3. Soil type and texture Leon, Lynn Haven & Kure sands
4. Type of building facilities or structures Paved road, parking l of -, and 9 apartment
buildings plus clubhouse
5. Sewage disposal and/or wastewater treatment A. Existing. X Planned
B. Describe -_- Connection available for city sewer
6. 'Land Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No X
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes_ No X
2. Type of discharge N/A
3. Location of discharge N/A
VII. Present rate of shoreline erosion (if known):
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: Arm?4 C orraG Nn t i onwi .1o PPrmi t No 2 6 (1 1 / 5 / R 7 1
IX. Length of time required to complete project: 3-6 months
X. In addition to the completed application form, the following items must be provided:
N/A A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 8% X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted. Attached
` C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served N/A
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
N/A
e
X1. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE 11 /'IB/87 A ent
Applicant's Signature
Rev. 10/78
D&F-82 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS

Mail 2M copy to:
PLEASE BE SURE THAT: - Both copies are completed
- All blanks are filled in
- You have signed both copies
If you have any questions please call your regional field office.
District Engineer
Wilmington District Corps of Engineers
P. O. Box 1890
Wilmington, N. C. 28402
(Note: attach Corps transmittal letter)
Phone: [phone]
AND
Mail one copy to your regional field office as indicated on the map below:
Gates , 1 ,o C' i
a
West of Chowan River and south of Pamlico River//Hertford eA?o ?°Po
including southern half of Beaufort County. j -_- - i 90; •? rm?
Coastal Management Field Services
1502 N. Market Street Berne
Washington, NC 27889
919/946-6481

4 l ?
Beaufort `-J
j ^ Hyde
l Craven
Pamlico /
.A
c
.`
Pander \
New
Hanover
\ j Brunsvvick
On--tin- C11
r
East of Chowan River and north of Albemarle Sou
to Virginia border, including northern Dare Cour
and outer banks to Ocracoke Inlet.
Coastal Management Field Services
108 S. Water Street
Elizabeth City, NC 27909
919/338-0206

South of Pamlico River and Beaufort County to
New River including barrier islands from Ocracoke
Inlet to north of New River Inlet.
Coastal Management Field Services
P. O. Box 769
Morehead City, NC 28557
919/733-2160 or 726-7021
South of New River Inlet to South Carolina border.
Coastal Management Field Services
7225 Wrightsville Avenue
Wilmington, NC 28403
919/256-4161
'? f J
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
November 25, 1987
IN REPLY REFER TO
Regulatory Branch
SUBJECT: Nationwide Permit No. 26
Mr. Rob Moul
Timber & Land Management
Consultants, Inc.
Post Office Box 1471
Wilmington, North Carolina 28402
Dear Mr. Moul:
On November 12, 1987, you met with Mr. Hugh Heine of my staff
regarding your client, John Harmon and Associates' plans to fill
0.95 acre of wetlands within the headwaters of Doctor's Branch at
the Stonesthrow Apartments off John D. Berry Drive in Wilmington,
New Hanover County, North Carolina. As you indicated, during a
later telephone conversation, the project is located 4,620 feet
from the nearest red cockaded woodpecker cavity tree. Since this
work is over 0.5 mile from the endangered species, pursuant to a
memorandum dated October 13, 1987, from the Deputy Assistant
Regional Director, Fish and Wildlife Enhancement, this project has
been determined as a"no effect" and formal consultation is not t
required.
For the purposes of the Corps of Engineers' Regulatory
Program, Title 33, Code of Federal Regulations (CFR), Part 330,
published in the Federal Register on November 13, 1986, lists
nationwide permits. Authorization was provided for discharges of
dredged or fill material into non-tidal rivers, streams, and their
lakes and impoundments, including adjacent wetlands, that are
located above the headwaters and other non-tidal waters of the
United States, including adjacent wetlands, that are not a part of
a surface tributary system to interstate waters or navigable
waters of the United States.
Your work is authorized by nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions.
Please be aware that this authorization does not relieve you of
the responsibility to obtain any required State or local approval.
a ?
-2-
If you have questions, please contact Mr. Hugh Heine,
Regulatory Branch, telephone [phone].
Sincerely,
W. H llis
ha s t
C ief, Regulatory Branch
Enclosure
Copy Furnished (without enclosure):
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687

R
CONDITIONS
a. Any discharge of dredged or fill material will not occur in-the
• proximity of a public water supply.
.b. The activity will not significantly disrupt the movement of those
species of aquatic life indigenous to the waterbody (unless the primary
purpose of the fill is to impound water).
c. Any discharge of dredged or fill material will consist of suitable
material free from toxic pollutants.
d. Any structure or fill will be properly maintained.
e. An individual State water quality certification must be obtained or
waived. Conditions of certification will be considered to be special
conditions of the Federal nationwide permit.
f. The following management practices will be followed to the maximum
practical extent:
(1) Discharges of dredged or fill material into waters of the United
States will be avoided or minimized through the use of other practical
alternatives.
(2) Discharges in spawning areas during spawning seasons will be
avoided.
(3) Discharges will not restrict or impede the movement of aquatic
species indigenous to the waters or the passage of normal or expected high
flows or cause the relocation of the waters (unless the primary purpose of the
fill is to impound water).
(4) If the discharge creates an impoundment of water, adverse impacts
on the aquatic system caused by the accelerated passage of water and/or the
restriction of its flow will be minimized.
(5) Discharge in wetland areas will be avoided.
(6) Heavy equipment working in wetlands will be placed on mats.
(7) Discharges into breeding areas for migratory waterfowl will be
avoided.
(8) All temporary fills will be removed in their entirety.