19950338 Ver 1_COMPLETE FILE_19950110

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James & Hunt, Jr., G ovemor
Jonathan & Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Ms. Melba Faye Hefelfinger
6940 Market Street
Wilmington, N.C. 28405
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April 28, 1997
New Hanover County
DWQ Project # 95338
Re: Compliance Inspection of Proposed Project at Military Cutoff Road
Dear Ms. Hefelfutger%
On August 28, 1995 you were issued General Water Quality Certification No. 2671
authorizing 2.7 acres of wetland impacts needed to develop lots 130 to 136 along Sedgley Drive
in The Cape Subdivision, New Hanover County. This certification contained the specific
conditions that fill is not allowed north of a line intersecting a point 100 feet from the northeastern
corner of the property and 150 feet from the northwestern corner of the property and that a
stormwater management plan is required.
As part of an ongoing compliance monitoring and enforcement program for 401 Water
Quality Certifications, Jim Gregson from the Division's Wilmington Regional Office and myself
made a compliance inspection of the project site on April 24, 1997. From our inspection it
appears that no-work on the project has been started and no wetlands have been impacted. Please
be aware that your Nationwide Permit from the US Army Corps of Engineers (USACOE) has
likely expired and if so, your 401 Water Quality Certification will have expired also. You should
contact the USACOE Wilmington field office to see if you need to renew your authorization to
impact the wetlands on your project site. Should you need to reapply for USACOE authorization
you will also need to reapply for the 401 Water Quality Certification. As of October 1 1996,
North.Carolina Administrative Code 15A NCAC 2H.0506 now requires compensatory mitigation
for wetland impacts which total greater than one acre in size.
Your cooperation in adhering to the conditions of your 401 Water Quality Certification is
appreciated. Should you have any questions concerning this matter please feel free to contact me
at [phone] or Jim Gregson at [phone]_
Sincerely,
Peter B. Colwell
Environmental Specialist
cc: Jim Gregson, DWQ Wilmington Regional Office
USACOE Wilmington Field Office
John Dorney, DWQ Central Office
Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal opportunity Af anawe Action Employer 509'6 recyciewl0% 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., RE., Director
CERTIFIED MAIL
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August 28, 1995
New Hanover County
DEM Project # 95338
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Ms. Melba Faye Hefelfinger
6940 Market Street
Wilmington, N.C. 28405
Dear Mr. Hefelfinger: FILE
? You have our approval to place fill material in 2.59 acres of wetlands or waters for the purpose
of constructing a commercial development at Military Cutoff Road, as you described in your
application dated 29 May 1995. 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 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. Fill is
not allowed north of a line intersecting a point 100 feet from the northeastern corner of the property
and 150 feet from the northwestern comer of the property. Applicant is reminded that a stormwater
management plan which does not require wetland fill will be needed for this property. 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 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 Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
P ston oward, P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Domey
Central Files
95338.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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Signed
N.C. Dept. of Environment, Health, and Natural Resources
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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
August 9, 1995
Ms. Melba Hefelfmger
6940 Market Street
Wilmington, N.C. 28405
Dear Ms. Hefelfinger;
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?EHNR
FILE COPY
Thank you for your letter of 26 June concerning the 401 Water Quality Certification
issued to you for two (2) acres of wetland fill near Military Cutoff Road and the Ogden
Rescue Squad near Wilmington. In response to your letter, I and Ron Ferrell visited your
site on 3 August 1995.
. The wetlands which you have not been allowed to fill are adjacent to the Carolina
Builders facility. A culvert is located under Military Cutoff Road which carries stormwater
flow into this wetland. This area is essentially the uppermost portion of Howe Creek which
is classified as SA ORW (Outstanding Resources Waters). These wetlands along this
"channel" provide essential water quality filtration to protect Howe Creek from stormwater
runoff from Military Cutoff Road, Carolina Builders, the Roses shopping center, Ogden
Rescue Squad facility and other development upstream. Given the sensitivity of Howe Creek,
the value of these wetlands for water quality and the developablity of the remainder of the
tract after filling the rest of the wetlands, DEM cannot approve additional wetland fill on this
site. By way of clarification, a width of about 150 feet of wetland shall remain undisturbed
from the northern property line adjacent to Carolina Builders in order to protect Howe Creek.
As stated in the Certification, you have the right to appeal the 401 Certification
decision within 60 days of receipt of the Certification which was dated 26 June 1995. Please
call me at 919-733-1786 if you have any questions.
Sincerely
+Jon Dorney
uality Certific on Program
cc: Central Files
Wilmington District Corps of Engineers
Ron Ferrell
Jim Gregson; Wilmington Regional Office 95338.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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tto of North Carolina
partment 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
?EHNR
June 26, 1995
New Hanover County
DEM Project # 95338
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Melba Faye Hefelfmger
6940 Market Street
.,.
C },,A
Wilmington, N.C. 28405 FILt Dear Mr. Hefelfinger:
You have our approval to place fill material in about 2.0 acres of wetlands or waters for the
purpose of constructing a commercial development at Military cutoff road, as you described in your
application dated 29 May 1995. 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 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.
Wetlands in the left-hand side (north side) of the property shall not be filled since they treat existing
stromwater. Applicant is reminded that a stromwater management plan will be needed for this
property. 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 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 Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
f-"
Sincerely,
?l
r on Howar , Jr. P:E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
95338.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
Regulatory Branch
May 5, 1995
Action ID No. 199502072 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Ms. Melba Faye Hefelfinger
6940 Market Street
Wilmington, North Carolina 28405
Dear Ms. Hefelfinger:
Please reference your application dated March 24, 1995, requesting
Department of the Army (DA) authorization to discharge fill material into
three acres of jurisdictional wetlands located above the headwaters of Howe
Creek. The proposed fill will be used to create high ground for commercial
use on your property located off Military Cut Off Road, Wilmington, North
Carolina.
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 was
provided, pursuant to Section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolated waters by Nationwide
Permit #26.
Your work is authorized by this nationwide permit 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.
This verification will be valid until the permit is modified, reissued or
revoked, which will occur prior to 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.
Printed on ® Recycled Paper
-2-
Questions or comments may be addressed to Mr. Marta Boris, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copy Furnished (without enclosure):
Mr. Steve Benton
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raall igh, North Carolina 27611-7687
r. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. Robert C. Stroud
Division of Coastal Management
NC Dept. of Environment, Health
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-2188
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AREA CODE NUMBER EXTENSION
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CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
Signed
N.C. Dept. of Environment, Health, and Natural Resources
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IMPORTANT
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AREA CODE NUMBER EXTENSION
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CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
Messa
Signed
N.C. Dept. of Environment, Health, and Natural Resources

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 28, 1995
Ms. Melba Faye Hefelfinger
6940 Market Street Road
Wilmington, N.C. 28405
Project # 95338
Dear Ms. Hefelfinger:
?EHNF?
FILE COPY
The Division of Environmental Management, Water Quality Section has reviewed your plans
for the discharge of fill material into 3.0 acres of waters and/or wetlands located at military cut-off
road near Ogden in New Hanover County for commercial development. Based on this review, we
have identified significant uses which would be removed by this project. These uses are water storage
and wildlife habitat. Furthermore, insufficient evidence is present in our files to conclude that your
project must be built as planned in this about of wetlands. Therefore, we are moving toward denial of
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. Specifically can you construct your commercial development with less wetland fill?
What plans exist to address stormwater from the site? Any documentation such as site plans, maps
and 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 our Mr. Jim Gregson at the Wilmington
Regional Office at 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845. I can be reached at
919-733-1786 if you have any questions.
Sincerely,
Jo R. Dorney
ater Quality ification Program
cc: Wilmington DEM Regional Office
Wilmington Office Corps of Engineers
Central Files
95338.1tr
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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® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM: 0 W
TO: John Dorney
JTF
Water Quality Planning MAY - 8 19%
Division of Environmental Management, DEHNR n c ^
fSt_a?htr?a ?i:;"va
FROM: Richard B. Hamilton f n _,
Assistant Director
DATE: May 2, 1995
SUBJECT: Melba F. Hefelfinger, 401 Water Quality Certification request for
commercial development in wetlands along Military Cut-off Road,
Wilmington, New Hanover County, North Carolina. DEM ID: 95338
Staff biologists with the Wildlife Resources Commission have completed review of
the project with regards to associated impacts on wildlife and fishery resources in the area.
A site visit was made on April 24, 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.
661-667d), Section 401(b) of the Clean Water Act of 1977 (as amended), and the North
Carolina General Statutes (G.S. 113-131 et seq.)
The applicant proposes to fill a total of 3.0 acres of a 3.84-acre tract of wooded
wetlands for the development of a commercial lot without providing mitigation for the
wetland impacts. Vegetation on the site includes red maple, wax myrtle, loblolly pine,
bay, ferns, willow and cattail. Wetlands on the site provide suitable habitat for raccoon,
opossum, woodcock and a variety of reptiles, amphibians and song birds. Deer tracks
were observed throughout the property and there was evidence of hunting (deer stands,
old bait piles). Stormwater from the roadway drains onto the property via a culvert and a
ditch along the northern property line drains to a tributary of Howe Creek, classified SA.
Wetlands such as those found on this site provide functions that benefit the public
as well as fish and wildlife. Wetlands retain and purify stormwater runoff and provide

DEM ID: 95338 2 May 2, 1995
valuable habitat for numerous species of fish and wildlife. These wetlands contribute to
the overall biological productivity of adjacent waters.
As proposed, this project is inconsistent with our Policies and Guidelines for
Conservation of Wetlands 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 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.
Thank you for the opportunity to comment on this project. If further information
is needed, please contact Bennett Wynne at [phone].
BW/fm
cc: The Honorable Roy Gerodd Sowers, III
Bennett Wynne, Coastal Fisheries Coordinator
William Wescott, Coastal Habitat Coordinator
Brad Hammers, District 2 Fisheries Biologist
Bobby Maddrey, District 2 Wildlife Biologist