19941153 Ver 1_COMPLETE FILE_19950110

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
September 21, 1995
Mr. John Turnstall
Staff Engineer
Soil Tech Engineering
7650 Market Street
Wilmington, N.C. 28405
Dear Mr. Turnstall;
Re: Modification of site plan
Clear Run Apartments expansion
DEM T 941153 (UDRT of NC)
New Hanover County
F= F1

Thank you for your 2 May 1995 letter concerning changes-in the site plan for Clear
Run Apartments. We have no objection to the change and our 401 Water Quality
Certification issued on 21 February 1995 is still applicable.
I apologize for the tardiness of our response and hope it has not caused any
inconvience. Please call me at 919-733-1786 if you have any questions.
Sincerely,
+Jon 'Dorney, Sup7:an
uality CertifiProgram
c
c: Jim Gregson; WiRO
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post?,consumer paper
JAN-05-1900 08:23 FROM EHNR WILM REG OFFICE TO 8-919-733-9959 P.01
Department of Environment, Health, and Natural Resources
James B. Runt, Governor WidmingWn R.egi0nal Office
Jonathan B. Howes, Secretary Bob Jamieson
Regional Managor
FAX OVER SHEET
DATE:
NO. OF PAGES..
TO: FRAM:
CO:
CO:
PAX #: FAX #!

127 Cardinal Drive Extension, willnjngton, N.C. 28405_3845 * Telephone (91(?) 395.3900 • Fax [phone]
An Equi1 Opportunity Afrmadve Action Employer
to
1?1D
JAN-05-1900 0823 FROM EHNR WILM REG OFFICE TO 8-919-733-9959 P.02
MAY 04,1995, ; 7650 MARKET STREET
WILMINGTON, NORTH CAROLINA 28405
ENGINEERING,
-'OFFICE:. 910.68"114,
May 2, 1995.. 1=iAX; 91.0.686.9666
State of North 0irelbla
Depgrtm=t of U n*otaental, HWtl#
W Natuaral Resources
127 Catdiual Drive Extwsion
•W ngton, Worth Cai'oli>da X5405.
Attfttion: Mr. Tim Gregsoa
Reference: Revised Site Plan
Clear Run Apartments .. ;
..ViT'tlming#om North Carolina
Dear Mr. Cregs6m • .
As requested by Lrnited Dommon'ltealty Trust; we are st m*tIng a new
site plan for the Clear -Run. Apartment Expansion, After dxsc7.is=4 the .varloas..deslgn .
layout options with, the- design group andtbe.management'.o£.United.Raft, a final site
layout plaza has been generated. .
As reoested.in Mr.TrestonllowvWs letter. dated Fobruaxy 2 1995; if
any change in the project occurs; it must be apptoved prior to proceeding with
Vonstrit boon The originally sul idned site. plant consisted of the cons6tiction of four (4) .
:buildings and tWs revised &al site plan consists of.constru only three (3) buildings.
JAN-05-1900 08:24 FROM EHNR WILM REG OFFICE TO 8-919-733-9959 P.03
State dNorth Caroliiaa
• • •• apartment n>• E?vircz?e?al,•?Iealtb; . • • .• • ,,. .. .. .•
avid Na=ai •ltiiourc
may.3, 1995 .
Mme-reviewtbis finbl-pIan and provide a. letter-wft your'=W[catlon if
yc?u have any cj oWojna please contact us.,
VeryYY ;
5010L .#.Ncmgkmc
Parks A. Downing;.
Mand, or
Jobnr +l,. T*tWL F.E.
Sfaf'EhgiaeeC.
l':AJDjr:1SY/bs
cc: United DomWon Realty (T.. Seitz)
TOTAL P.03
State of North Carolina
Department of Environment,
Health and Natural Resources 10.
Division of Environmental Management -?
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary E H N
A. Preston Howard, Jr., P.E., Director
February 21, 1995
New Hanover County
DEM Project # 941153
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Richard Giannotti
UDRT of North Carolina LLC
10 South Sixth Street
Suite 203 Copy 1 FILE Richmond, VA 23219-3802
Dear Mr. Giannotti:
You have our approval to place fill material in 0.98 acres of wetlands or waters for the purpose
of constructing an apartment complex at the north west corner of Racine Drive and New Centre Drive,
as you described in your application dated 15 December 1994. After reviewing your application, we
have decided that this fill is covered by General Water Quality Certification Number 2671. This
certification allows you to use Nationwide Permit Number 26 when it is issued by the Corps of
Engineers.
This approval is only valid for the purpose and design that you described in your application: -If
you change your project, you must notify.us and you maybe required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification.
Applicant must contact DEM, Wilmington Regional Office in writing to determine whether stormwater
control will be necessary for this site. In addition, you should get any other federal, state or local
permits before you go ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 30 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 Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
, Jr.
PssLttoonn'HH1'ard4
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office .
Mr. John Domey
Central Files 941153.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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C7EHNF=?L
N.C. DEPT. OF ENVIRONMENT, HEALTH,AND NATURAL RESOURCES
Environmental. Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607 S ?s
FAX:[phone]
FAX TO: -7; C°, r-e a c F-, V-\ I FAX NUMBER:
PLEASE DELIVER
Voice:
FROM: U,?k S - ----
PHONE: `'1 I-? -
NO. OF PAGES INCLUDING THIS SHEET:
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
February 3, 1995
MEMORANDUM
To: John Dorney
Through: Dave Adkins` 1
From: Stephanie Pe ter Subject: Revision of recommendations for Project # 941153, UDRT of North Carolina
LLC, New Hanover County
In response to a memorandum dated January 12, 1995 from Richard Hamilton,
Assistant Director on the N.C. Wildlife Resources Commission, Jim Gregson and I revisited
the site in question. As mentioned by WRC staff, there were a few areas of ponded water,
at least one of which was a result of compaction due to the disturbed nature of much of the
upland area. All ponded areas were less than 10 feet in diameter. However, what they
described as an intermittent stream, appeared to be a groundwater seep. It was
approximately 20 feet in length, with visible flow into a culvert beneath Racine Drive. The
culvert empties into a stormdrain which discharges into Clear Run Creek, a tributary of Bradley
Creek. There was no surface flow at the head of this area, indicating that flow originates
from groundwater rather than surface water. While the wetland area may receive stormwater
flow during severe storm events, if at all, there was no indication of stormwater runoff (i.e.
wrack lines or areas clear of debris indicating stormwater flow). This would seem to indicate
that there had been no significant stormwater flow occurring in this area, at least for the last
few months because fallen leaves appeared undisturbed. Based on data received from the
National Weather Service, rainfall for the month of November was close to normal; December
had 3.3 inches above average rainfall, with a 3.3 inch 24 hour event; January was
approximately one inch above normal.
A reevaluation of the wetland rating provided a revised score of 27, as opposed to the
original 17. Since the largest wetland area is along the property edge, avoidance of the these
areas could be incorporated into the development plan. It should be noted that stormwater
detention does not appear to be addressed in the draft diagram included in the application.
Linda Lewis of our staff has been notified and will be in contact with the developer.
SP:941 153.MEM
cc: Wilmington Regional Files
F R?cF??Fo
FM',Ro B 1 •?19
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FE2-07-1995 1 e : 1.3 FROM EHNP W I LM RELY OFF I CE TO 99197=9959 P.02
DIVISION OF ENVIRONMENTAL
WATER QUALITY SECTION
Fabruary 3, 1995
Pu1Em _MQJRAkDU Vi
To. John Dorney
Through: Dave Adkins
From. Stephanie Fetter
Subject. Revision of recrrnmenda°ions for project # 941153, UDRT of North Carolina
LLC, New Hanover County
in fespcnse to a Memorandum dated January 12, 1995 from Richard Hamilton,
Assistarit iT'ector on the N.C. Wildlife Jesources Commission, Jim Gregson and i revisited
the site in question. As mentioned by WRC staff, there were a few areas of ponded water,
at least one of which was a result of compaction due to the disturbed nature of much of the
upland area. All ponded areas were less than 10 feet in diameter. However, what they
described as an intermittent stream, appeared to be a groundwater seep. it was
approximately 20 feet in length, with visible flow into a culvert beneath Racine Drive. The
culvert empties into a storrndrain which discharges into Clear Faun Creek, a tributary of Bradley
Creek. There was no surface flow at the head of this area, indicating that flow originates
from groundwater rather than surface water. While the wetland area may receive stormwater
flow during severe storm events, if at all, there was no indication of stormwater runoff (i.e.
wrack lines or areas clear of debris indicating stormwater flow). This would seem to indicate
that there had been no significant stormwater flow occurring in this area, at least for the last
few months because fallen leaves appeared undisturbed. Based on data received from the
National Weather Service, rainfall for the month of November was close to normal; December
had 3.3 inch as above average rainfall, with a 3.3 inch 24 hour event, January was
approximately one inch above normal.
A reevaluation of the wetland rating provided a revised score of 27, as opposed to the
original 17. Since the largest wetland area is along the property edge, avoidance of the these
areas could be incorporated into the development plan. It should be noted that stormwater
detention does not appear to be addressl?ld in the draft diagram included in the application.
Linda Lewis of our staff has been notified and will be in contact with the developer.
SP.0471531.,MFz I
cc. Wilmington Regional Files
TOTAL P.02
199s
e2q^?ti c?^,?s
® North Carolina Wildlife Resources Commission 0
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
MEMORANDUM Charles R. Fullwood, Executive Director
TO: John Dorney
Water Quality Section
Division of Environmental Management, DEHNR
FROM: Richard B. Hamilton
Assistant Director
DATE: January 12, 1995
SUBJECT: UDRT of North Carolina LLC's 401 Water Quality
Certification request for development of an apartment
complex in wetlands at the intersection of Racine Drive
and New Centre Drive, Wilmington, New Hanover County,
North Carolina. DEM ID: 941153.
Staff biologists with the Wildlife Resources Commission have
reviewed the subject application. .A site visit was made on
January 9, 1995. Our comments are provided in accordance with
provisions of the Fish and Wildlife Coordination Act (48 Stat.
401, as amended; 16 U.S.C. 661 et. seq.) and Section 401 (b) of
the Clean Water Act (as amended) and North Carolina General
Statutes (G.S. 113-131 et seq.).
The applicant has applied for 401 Water Quality
Certification to fill 0.98 acre of wetlands vegetated with red
maple, bay, willow, cypress, greenbriar and blackberry to
facilitate construction of apartments and associated parking
areas. Several pools of water were present in an intermittent
stream at the time of our site visit. Water was flowing from the
largest of these pools and entering a culvert beneath Racine
Drive, indicating a hydraulic connection to Bradley Creek. Site
wetlands appeared to be performing important stormwater
filtration (water quality), and retention (flood control)
functions. They are also providing habitat suitable for use by
raccoon, muskrat, opossum, amphibians and various songbirds.
As proposed we find this project inconsistent with our
Policies and Guidelines for Conservation of Wetland and Aquatic
Habitats. It is the policy of this agency to oppose projects
which "displace, damage, or modify wetland values and functions"
We also believe that this project is inconsistent with the
URDT of North Carolina LLC 2 January 12, 1995
DEM ID: 941153
Environmental Protection Agency's Section 404 (b)(1) guidelines
in that the project does not constitute a water dependent
activity. Due to these factors, we request that a 401 Water
Quality Certification not be issued. Modification of the project
to avoid or minimize wetland impacts would result in a more
favorable review by this agency.
Thank you for the opportunity to comment on this project.
If you need to discuss these comments or need additional
assistance, please call Bennett Wynne at [phone].
BW/fm
CC: The Honorable Roy Gerrodd Sowers, III
The Honorable Dr. Harley A. Phillips
Bennett Wynne, Fisheries Coordinator
Brad Hammers, District 2 Fisheries Biologist
Bobby Maddrey, District 2 Wildlife Biologist
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C-- Regional Off ice
tl°ntral `, i l es,
RECEIVED
JAN 12197,7
S"WNAl9ffAL 9CIMCES
14
QA.ANe
DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR
Nationwide permits that require notif cation to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WII..MINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P. O. Box 1890
Wilmington, NC 28402-1890
ATM: CESAW-CO-E
Telephone [phone]
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONME:?I'I'AL MANAGEIviENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
A= MR JOHN DORNEY
ONE (1) COPY OF THIS COMPLETED P.PPT CATION SHOULD BE SENT TO TIC CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF E?v VIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: UDRT of North Carolina LLC
2. Owners Address: 10 South Sixth Street, Suite 203, Richmond. VA 23219-3802
3. Owners Phone Number (Home): (Work): [phone]
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
UDRT of North Carclina LLC - Attention: Mr.Richard Giannotti
10 South Sixth Street, Suite 203
Richmond, VA 23219-3802
5. Location of work (MUST ATTACH MAP). County: . New Hanover
Nearest Town or City: Wi 1 mi ngton, NC
Specific Location (Include road numbers, landmarks, etc.): Site located cm northwest corner of
intersection of Racine Drive and New Centre Drive
6. Name of Closest StreanvRiver. Bradl ev Creek
7. River Basin:
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [X )
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [X]
If yes, explain.
10. Estimated total number of acres of waters of the, U.S., including wetlands, located on project site:
0.98
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0.98 acres $
Drained:
Flooded.
a'
Excavated: S %
Total Impacted: 0.98 acres
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