19950687 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
p E H N F1
A. Preston Howard, Jr., P.E., Director
September 5, 1995
New Hanover County
DEM Project # 95687
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Larry Willoughby
9008 St. Stephens Place
Wilmington, N.C. 28412
Dear Mr. Willoughby:
TILE G" UY
You have our approval to place fill material in 1.72 acres of wetlands or waters for the purpose
of constructing a residential development at West of US 421, north of The Cape subdivision, as you
described in your application dated 29 June 1995. After reviewing your application, we have decided
that this fill is covered by General Water Quality Certification Numbers 2732 and 2671. These
certifications allow you to use Nationwide Permit Numbers 14 and 26 when they are 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. Deed
restrictions shall be placed on remaining wetlands to prevent future fill. 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.
Sincerely,
A. Presto Howard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Domey
Central Files
Charlie Hollis 95687.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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Coun,L Wetland area acres Wetland width feet
Name of evaluator
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DEM ID: q 5 (egl ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 14 & 26
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
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANA(
NC DEPARTMENT OF ENVIRONMENT, H
AND NATURAL RESOURCESa
P.O. Box 29535
Raleigh, NC 27626-0535 ! g
ATTN: MR. JOHN DORNEY'
Telephone [phone]
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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. LARRY WILLOUGHBY
2. Owners Address: 9008 St.Stenhens Place; Wilmington NC 28412
3. Owners Phone Number (Home):
(Work):
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: Carolina Beach
Specific Location (Include road numbers, landmarks, etc.): West of U. S. 421; north of The Cape
Subdivision
6. Name of Closest Stream/River: Telfair Creek
7. River Basin: Cape Fear
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [d
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO (L}
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 7 Acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
NWP-14 NWP-26
Filled: 0 22 1 50
Drained:
Flooded:
Excavated:
Total Impacted: 0.22 + 1.50 = 1.72 Acres
.V 0
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Construct street access
into site and provide stub-out streets to adjacent property; fill corners of some
residential lots to render them buildable
13. Purpose of proposed work: Construct residential subdivision
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Wetlands separate sections of property and. orevent use of some
areas for lots. Man areas of wetlands have been avoided where possible.
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 VR] 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? YEStx ] 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? "I- - - ntial
F. If applicable, what is proposed method of sewage disposal? Community
AGENT. SQDM_s Signature Date
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KN North Carolina Wildlife Resources Commission KN
512 N. Salisbury Street, Raleigh, North Carolina 27611, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Dorney
Division of Environmental Management
FROM: Bennett Wynne l
Habitat Conservation Program
DATE: August 1, 1995
SUBJECT: Larry Willoughby 401 Water Quality Certification
for filling wetlands associated with subdivision
development, near Carolina Beach, New Hanover
County, North Carolina. DEM ID: 95687.
The Wildlife Resources Commission has reviewed the
subject permit application. A site visit was made on July
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 et. seq.).
The applicant has applied for Water Quality
Certification to place fill in wetlands for development of
an access road and residential lots. Despite some
expenditure of effort by the developer to avoid wetlands, a
total of 1.72 acres of wetlands vegetated with greenbriar,
grape, wax myrtle, sweet bay, and loblolly pine would still
be lost. These wetlands retain stormwater and provide
habitat for raccoon, oppossum, mink, and a variety of
reptiles and amphibians. We will not object to
certification, however, provided deed restrictions are
placed on all project land parcels preventing further fill
of wetlands.
Thank you for the opportunity to comment on this
project. If you need to discuss these comments or need
additional assistance, please call me at [phone].

cc: Frank McBride, Program Manager
William Wescott, Coastal Hab. Con. Coordinator
S:drive (boatfish\habcon)
State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
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July 14, 1995
Mr. Larry Willoughby
9008 St. Stephens Place
Wilmington, NC 28412
RE: Nationwide Permit Application/ 1.72 Acres For Subdivision Streets
West of 421/North of The Cape/ New Hanover County Dear Mr. Willoughby:

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The North Carolina Division of Coastal Management has reviewed the above-referenced application for a
Nationwide Permit dated June 27, 1995 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 consistent with the North
Carolina Coastal Management Program provided the following conditions are met:
1. The activity described in the above-referenced application qualifies to receive one of the Nation-
wide Permits described in 33 CFR Part 330 with the exception of Numbers 17, 21, 24, and 34
which were found inconsistent with the North Carolina Coastal Management Program.
2. A 401 Water Quality Certification is received, where required, from the North Carolina Division
of Environmental Management.
This letter does not relieve you of the responsibility to insure that all other State authorization and/or permit
requirements are met prior to implementation of the project. Please feel free to contact me at [phone] if
you have any questions or need further assistance.
Sincerely,

C. Robert Stroud, Jr.
District Manager
cc: Preston P. Pate, Jr., DCM
Steve Benton, Consistency Coordinator
David Franklin/Wilmington District COE
John°nlaleigh .
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer
.-
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
October 5, 1995
Regulatory Branch
Action ID No. 1995004165, Nationwide Permit No. 26 (Headwaters and Isolated
Waters) and Nationwide Permit No. 14 (Minor Road Crossings)
Mr. Larry Willoughby
9008 St. Stephen Place ?j
Wilmington, North Carolina 28412
Dear Mr. Willoughby:
Reference your application of June 27 1995, requesting Department of the
Army (DA) Nationwide Permits (NWP) to discharge excavated and fill material
into 1.72 acres of wetlands above the headwaters of Telf air Creek for the
stated purpose of developing a residential subdivision. Your application
identified a discharge of fill material into 1.50 acres of wetlands (NWP 26)
for creating roads and building lots in addition to the construction of an
additional road crossing impacting 0.22 acre of wetlands (NWP 14). This
discharge would occur on your Bayleaf Village subdivision property which is
located on the west side of U.S. Highway 412, south of Wilmington, in New
Hanover County, 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 NWP 26 and for
roads crossing waters of the United States (including wetlands) by NWP 14,
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 high flows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer (DE) in accordance with the "Notification"
general condition.
Printed on WM Recycled Paper
.. - - .
-2-
Your work is authorized by these nationwide permits provided it is
accomplished in strict accordance with the enclosed conditions, according to
your submitted plans (copy enclosed), and provided that you receive a Section
401 water quality certification from the North Carolina Division of
Environmental Management (NCDEM) and a consistency determination from the
North Carolina Division of Coastal Management (NCDCM). You should contact Mr.
John Dorney, telephone [phone], regarding water quality certification,
and Mr. Steve Benton, telephone [phone], regarding consistency
determination. These nationwide permits do not relieve you of the
responsibility to obtain other required State or local approvals.
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.
Questions or comments may be addressed to Mr. Matt Flint, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure) :
Mr. Steve Benton
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
New Hanover County
Inspections Department
County Office Building Annex
Room 203
414 Chestnut Street
Wilmington, North Carolina 28401
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845