19940196 Ver 1_COMPLETE FILE_19940308

State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes,, Secretary
p?HNF I
A. Preston Howard, Jr., P,E., Director
July 8, 1994, I "
Mr. Steve Niemeyer
P.O. Box 4472
Wilmington, N.C. 28406
Dear Mr. Niemeyer:
DEM Project #94196
New Hanover County
On 4 March 1994, you requested a 401 Water Quality Certification from the Division
of Environmental Management for your project (lot fill) located near Lot 13, Grey Marsh
Crossing in New Hanover County. We wrote to you on 12 April 1994 discussing concerns
that we have regarding the design of the project and placing it on hold until those concerns
are addressed. As of today, we have not received a response to our earlier letter. Unless we
receive a response from you by 21 July 1994, we will consider that you have withdrawn this
application and are not interested in pursuing the project at this time.
Please call me at 919-733-1786 if you have any questions or would like to discuss this
matter.
Sincerely,
*nR. Dorney
Wetlands and Technic Review Group
94196.clr
cc: Wilmington DEM Regional Office
Wilmington District Corps of Engineers
Central Files
Charlie Hollis
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr„ P.E„ Director
April 12, 1994
Mr. Steve Niemeyer
P.O. Box 4472
Wilmington, N.C. 28406
Project # 94196
Dear Mr. Neimever
A ?'?A
74V
E:) F= F1
The Division of Environmental Management, Water Quality Section
has reviewed your plans for wetland fill for. 0.1 acres of wetlands at
Grey Marsh Crossing, Lot 13 in New Hanover County for residential
development. Based on this review, we have identified significant
uses which would be removed by this project. These uses are water
storage, Stream bank stabilization, pollutant removal, and wildlife
and aquatic life habitat. Furthermore, insufficient evidence is
present in our files to conclude that your project must be built as
planned in wetlands. Therefore, we are moving toward denial of your
401 Certification. 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 fill of these wetlands. Specifically can
you construct your residential lot on nearby uplands or prior
converted farmland? Any documentation such as maps and narrative
which you can supply to address upland alternatives 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 ire
and one copy to our Mr. Jim Gregson at the Wilmington Regional Office
at 1.21 Ca.r_dinal. St. Extension, Wilmington, N.C. 28405-3845.
Sincerely,
o r, R. Dor ney
We lands and Tech '.cal Rev.i_<.w Group
94i91_.ltr
cc : Wilmington DEM IZeg:ional_ Office
John Parker, Di.visi.on of Coastal Management
Wilmington Office Corps of Engineers
Central r..iles
Charlie Holl. is
P.0 Box 29535, Raleigh, North :'(7,o1 nc 27626-0535 Telephone [phone] FAX [phone]
An Eaual Opportunity Affirmotivr. Acrion FMPIOy@r Wt rocycloci! i(7A posi-cor,i,?irner paper
SIATI
4111 ,
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor Division of Coastal Management Roger N. Schecter
Jonathan B. Howes, Secretary Director
March 31, 1994
CERTIFIED MAIL #P 882 825 366
RETURN RECEIPT REQUESTED
Mr. Steve Niemeyer
P. O. Box 4472
Wilmington, NC 28406
RE: Action ID 199401743, Nationwide Permit Application
Lot 13, Greymarsh Subdivision, New Hanover County
Dear Mr. Niemeyer:
The North Carolina Division of Coastal Management has reviewed the above-referenced application for
a Nationwide Permit dated March 1, 1994 pursuant to Section 307 of the Coastal Zone Management
Act of 1972 as amended. Based upon our review, we have determined that the proposed activity is
inconsistent with the North Carolina Coastal Management Program.
Specifically, the proposal is inconsistent with T15A: 07M .0801 (copy attached).
We will be happy to reconsider our position should your proposal be modified such that the project is
no longer inconsistent with the above listed policies. Please feel free to contact me at [phone]
at your earliest convenience to discuss possible modifications or alternatives.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer
Ivr'. Steve Niemeyer
March 31, 1994
Page 2

If you disagree with our finding, you have the right to appeal our decision to the Secretary, U.S.
Department of Commerce, Washington, DC. The appeal must be filed within thirty (30) days of
receipt of this letter and must specifically address one of the following findings: That although the
project currently is inconsistent, it may be federally approved because; 1) The activity is consistent
with the objectives or purposes of the Federal Coastal Zone Management Act; or, 2) Is necessary in
the interest of national security. Mr. Steve Benton of the North Carolina Division of Coastal
Management in Raleigh, NC is available to discuss the appeal procedures and to provide assistance if
needed in filing an appeal. He can be reached at [phone].
Sincerely,
C. Robert Stroud, Jr.
District Manager
cc: Roger N. Schecter, Director
NC Division of Coastal Management
Preston P. Pate, Jr., Assistant Director
NC Division of Coastal Management
Steve Benton, Consistency Coordinator
NC Division of Coastal Management
Wilmington District Engineer (CERTIFIED)
ATTN: CESAW-CO-E
Ms. Trudy Coxe, Director (CERTIFIED)
US Department of Commerce, OCRM
Washington, DC 20235
EHNR - COASTAL MANAGEMENT T15A: 07M.0800
SECTION.0800 - COASTAL WATER QUALITY POLICIES
.0801 DECLARATION OF GENERAL POLICIES
(a) The waters of the coastal area are a valuable natural and economic resource of statewide significance.
Traditionally these waters have been used for such activities as commercial and recreational fishing,
swimming, hunting, recreational boating, and commerce. These activities depend upon the quality of the
waters. Due to the importance of these activities to the quality of life and the economic well-being of the
r.oastal area, it is important to ensure a level of water quality which will allow these activities to continue and
prevent further deterioration of water quality. It is hereby declared that no land or water use shall cause the
degradation of water quality so as to impair traditional uses of the coastal waters. To the extent that statutory
authority permits, the Coastal Resources Commission will take a lead role in coordinating these activities.
(b) It is further recognized that the preservation and enhancement of water quality is a complex issue. The
deterioration of water quality in the coastal area has many causes. The inadequate treatment of human wastes,
the improper operation of boats and their sanitation devices, the creation of increased runoff by covering the
land with buildings and pavement and removing natural vegetation, the use of outdated practices on fields and
woodlots and many other activities impact the water quality. Activities outside the coastal area also impact
water quality in the coastal area. Increases in population will continue to add to the water quality problems
if care is not taken in the development of the land and use of the public trust waters.
(c) Protection of water quality and the management of development within the coastal area is the
responsibility of many agencies. It is hereby declared that the general welfare and public interest require that
all state, federal and local agencies coordinate their activities to ensure optimal water quality.
History Note: Statutory Authority G. S. 113A-102(b); 113A-107; 113A-124; 16 U. S. C. s. 1453(12);
Eff. November 1, 1985.
.0802 POLICY STATEMENTS ..:
(a) All of the waters of the state within the coastal area have a potential for uses which require optimal
water quality. Therefore, at every possible opportunity, existing development adjacent to these waters shall
be upgraded to reduce discharge of pollutants.
(b) $asinwide management to control sources of pollution both within and outside of the coastal area which
will impact waters flowing into the rivers and sounds of the coastal area is necessary to preserve the quality
of coastal waters.
(c) The adoption of methods to control development so as to eliminate harmful runoff which may impact
the sounds and rivers of the coastal area and the adoption of best management practices to control runoff from
undeveloped lands is necessary to prevent the deterioration of coastal waters.
History Note: Statutory Authority G. S. 113A-102(b); 113A-107,• 113A-124; 16 U. S. C. s. 1453(12);
Eff. November 1, 1985;
Amended Eff. October 1, 1988.

NORTH CAROLINA ADMINISTRATIVE CODE 12112191 page I
44
DIVISION OF ENVIRONMENTAL MANAGEMENT
Date: March 23, 1994
? L? (c ( U ?iJI
To: John Dorney
Planning Branch
[ 2- I ? ;I 7 19,94
i
From: James H. Gregsori L -
Wilmington Regional Office
Through: Dave Adkin
Wilmington VegionalOffice
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Central Office Permit #s 94191, 94197 and 94196
Greymarsh Crossing lots 12, 13 and 14
Charlie Hollis, Agent
New Hanover County
Please find the attached rating sheet for the three Subject projects located in Greymarsh
Crossing, a new subdivision located along Bradley Creek in New Hanover County. The three
lots in question should be considered entirely wetland. Based on a site inspection conducted on
March 9, 1994, any highground on these lots is a result of recent road construction and sewer
line construction activities. It is the opinion of this Office that these lots should have never been
plated. Fill requests for home construction in such a valuable wetland area should not be
considered "Minor Discharges". These wetlands are adjacent to the HQW Waters of Bradley
Creek and are serving a crucial function in this sensitive, highly developed watershed. To fill
these wetlands would remove the existing uses these wetlands provide. Such a proposal would
constitute a violation of 15A NCAC 2B .0201. Therefor it is recommended that these three
projects be denied.
JHG:
cc: Wilmington Regional Office Files
Central Files

DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 18
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL 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] ATM: 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: MR. STEVE NIEMEYER
2. Owners Address: P.O. BOX 4472; WILMINGTON NC 28406
3. Owners Phone Number (Home):
(Work):
4. If Applicable: ent s name `or responsible corporate official, address, phone number:
CHARLIE HOLLIS
138 GREEN FOREST DRIVE
WILMINGTON NC 28409 910-392-6833
5. Location of work (TTUST ATTACH MAP). County: NEW HANOVER
Nearest Town or City: WRIGHTSVILLE BEACH
Specific Location (Include road numbers, landmarks, etc.): Ad latent to Wrightsville Avenue
near Hooker Road
6. Name of Closest Stream/River: Bradley Creek
7. River Basin: AIWW
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
0.52 acres on Lot 13
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0.1
Drained:
Flooded:
Excavated:
Total Impacted: 0.1
16
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawing's ordy): Fill 0.1 acre
Of wetlands h wn n plan
13. Purpose of proposed work: Fill area is required to allow construction of residence
on Lot No. 13
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. There is inadequate high around for residence to be
consrrurto • minimum area figs been 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 [ XJ NO ( J
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 penzrtit area which may be affected by the proposed project? Have you done so? YES [X J NO [ J
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property?_ Residential
F. If applicable, what is proposed method of sewage disposa]? Community
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PREDISCHARGE NOTIFICATION
NATIONWIDE PERMIT NO. 18
LOT NO. 13, GREYMARSH CROSSING
MR. STEVE NIEMEYER
P.O. BOX 4472
WILMINGTON NC 28406
SHEET 2 of 2
SCALE: 1" = 40'

-DEM ID
ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 18
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAG'EMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
RO, 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: MR. STEVE NIEMEYER
2. Owners Address: P.O. BOX 4472; WILMINGTON NC 28406
3. Owners Phone Number (Home):
(Work):
4. If Applicable: ent s name `or responsible corporate official, address, phone number:
CHARLIE HOLLIS
138 GREEN FOREST DRIVE
WILMINGTON NC 28409 910-392-6833
5. Location of work CM-UST ATTACH MAP). County:. NEW HANOVER
Nearest Town or City: WRIGHTSVILLE BEACH
Specific Location (Include road numbers, landmarks, etc.): Adlacetit to Wrightsville Avenue
near Hooker Road
6. Name of Closest Stream/River: Bradley Creek
7. River Basin: AIWW
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO M
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
0.52 acres on Lot 13
I L Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0.1
Drained:
Flooded:
Excavated:
Total Impacted: 0.1
12. Description of proposed work (Attach PLANS-8 12" X 11" drawings only): Fill 0.1 acre
I w tland h w n lan
13. Purpose of proposed work: Fill area is required to allow construction of residence
on Lot No. 13
14. State reasons why the applicant believes that this activity must be carved out in wetlands. Also, note measures
taken to minimize wetland impacts. There is inadequate high around for residence to be
consrr??rto • minimum area ha been requested
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(N`kvTS) regarding the presence or any Federally listed orproposed for listing endangered orthreatened 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 [X) NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? Residential
F. If applicable, what is proposed method of sewage disposal? Community
Agent's
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PREDISCHARGE NOTIFICATION
NATIONWIDE PERMIT NO. 18
LOT NO. 13, GREYMARSH CROSSING
MR. STEVE NIEMEYER
P.O. BOX 4472
WILMINGTON NC 28406
SHEET 2 of 2
SCALE: 1" = 40'
_ -,'_4.
DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 18
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL 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 y
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: MR. STEVE NIEMEYER
2. Owners Address: P.O. BOX 4472; WILMINGTON NC 28406
3. Owners Phone Number (Home):
(Work):
4. If Applicable: t;AQent s namer responsible corporate official, address, phone number:
CHARLIE HOLLIS
138 GREEN FOREST DRIVE
WILMINGTON NC 28409 910-392-6833
5. Location of work (MUST ATTACH MAP). County: NEW HANOVER
Nearest Town or City: WRIGHTSVILLE BEACH
Specific Location (Include road numbers, landmarks, etc.): Adjacetht to Wrightsville Avenue
near Hooker Road
6. Name of Closest Stream/River: Bradley Creek
7. River Basin: AIWW
8, Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES (] NO
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO ?4
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
0.52 acres on Lot 13
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0.1
Drained:
Flooded:
Excavated:
Total Impacted: 0.1
L
12. Description of proposed work (Attach PLANS-8 12" X 11" drawings only): Fill 0.1 acre
of wetlands as shown on plan
13. Purpose of proposed work: Fill area is required to allow construction of residence
on Lot No. 13
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wedand impacts, There is inadequate hieh eround for residence to be
conSrr??cta • minimum area has been 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 orproposed 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 [X ] NO ( ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? Re n ' a 1
F. If applicable, what is proposed method of sewage disposal? Community
Agent's
LQIC
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PREDISCHARGE NOTIFICATION
NATIONWIDE PERMIT NO. 18
LOT NO. 13, GREYMARSH CROSSING
MR. STEVE NIEMEYER
P.O. BOX 4472
WILMINGTON NC 28406
SHEET 2 of 2
SCALE: 1" = 40'