19950769 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
APPROVAL of 401 Water Quality Certification
Mr. Nathan Sanders
SANCO of Wilmington
110 Hinton Avenue
Wilmington, N.C. 28403
Dear Mr. Sanders:
FILE
You have our approval to place fill material in 2.28 acres of wetlands or waters for the purpose
of residential construction at the end of Peiffer Avenue in New Hanover County, as you described in
your application dated 25 July 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. 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,
Pre n ow , 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
Charlie Hollis 95769.1tr
ATI.KTAAM * 00
?EHNR
September 14, 1995
New Hanover County
DEM Project # 95769
P.O. Box 29535, Raleigh, North Caroina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

CHARLIE HOLLIS
REGULATORY CONSULTANT
138 Green Forest Drive
Wilmington, NC 28409 RECEIVcp
910/392-6833 (Phone/FAX)
. SEP 13 1995
September 11, 1995
RON?y fNrgL Project: SANCO of Wilmington; Peiffer Avenue ^!New Hanover County
DEM ##95769; COE ID /#199504500
Mr. John R. Dorney
Water Quality Certification Program
N.C. Division of Environmental Management
P.U. Box 29535
Raleigh NC 27626-0535
Dear Mr. ??o
Please refer to your letter of August 30, 1995 to SANCO of Wilmington
expressing your concerns about the above project and requesting additional
project details.
The wetlands on this site are.totally contained within an isolated
pocket located within the property except for a small section extending for
a few yards offsite to the east. The wetland area has been subjected to
fires, fire-plow paths, cross-traffic by trail bikes and other neighborhood
all-terrain-vehicles, and mowing. It has no source of water other than
rainfall, and runoff now is ponded and/or channelled by the bike trails and
fire breaks.
We were surprised by the statement in your letter that "water and
wildlife habitat" were identified as "significant uses". Although the
wetlands on this site satisfy the jurisdictional criteria, we believe they
are very limited in function and value; there is little or no "water" value
since these marginal wetlands are not adjacent to any stream or drainway,
nor do they provide much in the way of storage since they are bisected by
trails and fire breaks. Wildlife habitat is also quite minimal, in our
opinion. There are few trees within the wetland (perhaps because of past
fires) and the vegetation is limited to generally sparse shrub/brush which
has been mowed.
Development of this site, because of its elevation would primarily
involve grading and draining rather than fill. Although it may be possible
to develop the site so as to avoid some of the requested wetland
disturbance, perhaps as you suggest in your letter; the remaining fragmented
wetlands could not survive alongside the developed (drained) areas. Indeed,
such a plan was considered during our planning for this project (when we
thought we may not need to request work that would disturb less than one
acre), but we realized that to merely construct the needed road into the
site would introduce drainage that would soon eliminate the remaining
• '?
Page 2
(Continued)
wetlands. In view of that, we proceeded to request approval for the
anticipated adverse impact on all of the 2.28 acres. Indeed, actual
ground-disturbing activity may or may not actually take place within the
entire 2.28 acres, but upon completion of the project, we doubt that much,
if any, would remain jurisdictional.
We sincerely urge your consideration of these comments and your
reconsideration of the limitations you have suggested. Please contact me if
you have any questions or need additional information.
S71*r ly,
.
Charlie Hollis
Cy: Mr. Jim Gregson. NCDEM, Wilmington
Matt Flint, COE
Nathan Sanders, SANCO
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
?EHNR
August 30, 1995
SANCO of Wilmington
110 Hinton Avenue
Wilmington, N.C. 28403
FILE COPY
Project # 95769, COE 199504500
Dear Sirs:
The Division of Environmental Management, Water Quality Section has reviewed your plans
for the discharge of fill material into 2.28 acres of waters and/or wetlands located at the end of Peiffer
Avenue 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 and wildlife
habitat. Furthermore, insufficient evidence is present in our files to conclude that your project must be
built as planned in waters and/or 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 residential development without filling lot 11 and
the unnumbered lot as well as the area west of the lots. An approved stormwater plan is also needed.
Any documentation such as 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 y q stions.

ater Qfiality Certification Program
cc: Wilmington DEM Regional Office
Wilmington Office Corps of Engineers
Central Files
Charlie Hollis
95769.nty
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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DEM ID: q -7 6 q ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 96
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
ATM: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING [
DIVISION OF ENVIRONMENTAL MANA-_.?.. _.., '
NC DEPARTMENT OF ENVIRONMENT, TH,
AND NATURAL RESOURCES P 5 -
P.O. Box 29535
Raleigh, NC 27626-0535
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,
Owners Name: _ SANCO of Wilmington Service Corporation
Owners Address: 110 Hinton Ave, Wilmineton 28403
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 (9]0) 392_6R33
5. Location of work (MUST ATTACH MAP). County: New Hanover
Nearest Town or City: Wrightsville Beach, N.C.
Specific Location (Include road numbers, landmarks, etc.): At end of pavement of Peiffer Ave,
Approx 2000' south of Oleander Drive
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-IT? 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: 2.28 Ac
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled
2.28 Acres
Drained:
Flooded:
Excavated:
Total Impacted: 2.28 Acres

12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Consrrnrr street and grade
and level adjacent areas for residential lots
13. Purpose of proposed work: Construct small 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 on this site are not good quality and are bisected
by KXXXKKXXUKN 4 wheel-drive trails; wetlands cut across the property such that distmrbanc
o , co rust 0*
ec
15. You are required to contact the U.S. Fish and Wildlife Service ?SPVsas n2r Nrauon=nne Fpi; i es ervice
(NMFS) 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 perniit area which may be affected by the proposed project? Have you done so? YES kx) 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. Lf applicable, what is proposed method of sewage disposal? Commun ' Y
AGENT. SO)MPAk Signature Date

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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
August 14, 1995
SANCO OF WILMINGTON
110 Hinton Avenue
Wilmington, NC 28403
RE: Action I13#1999504500, Nationwide Permit Application
2.28 Acres of Fill/ End of Peiffer Avenue, Wilmington, New Hanover County
Dear Sanco:
RECEIVED
AUG 1 a1995
ENVIRONMENT ^uSclENCES
The North Carolina Division of Coastal Management has reviewed the above-referenced application for a
Nationwide Permit dated July 17, 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. i
District Manager
cc: Preston P. Pate, Jr., DCM
Steve Benton, Consistency Coordinator
Matt Flint, Wilmington COE
OWN 1V 90 K IV, DO " W_ 1 0
NF=?L
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer
i
® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Dorney
Water Quality Section, DEM
FROM: Franklin T. McBride, Manager,?
Habitat Conservation Program
DATE August 11, 1995
SUBJECT: SANCO of Wilmington Service Corp. 401 Water Quality Certification for filling
wetlands associated with subdivision development, near Wrightsville Beach, New
Hanover County, North Carolina. DEM ID: 95769.
Staff biologists with the Wildlife Resources Commission have reviewed the subject
permit application. A site visit was made on August 8, 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. As proposed, a total of 2.28 acres of
wetlands including common reed, red maple, water oak, sweet bay, loblolly pine and longleaf
pine would be lost. No attempt to avoid or minimize wetland impacts has been made. Project
wetlands provide habitat for raccoon, opossum and a variety of songbirds. Tracks observed
during our site visit indicate deer are using the area as well. Site wetlands do not appear to be
directly connected to surface waters, but that should not imply they have no stormwater retaining
and filtration functions. Filling the wetlands may indeed divert stormwater normally retained
onsite into adjacent surface waters where water quality impacts could occur. Therefore, we
recommend that certification be conditioned to restrict residential lot construction (and
associated fill) to the property's available highground.
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
t
DEM ID: 135 7(a 9 ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
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 MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
2c>
1?
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: SANCO of Wilming ton Service Corporation
2. Owners Address: 110 Hinton Ave, Wilmington 28403
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: Wrightsville Beach, N.C
Specific Location (Include road numbers, landmarks, etc.): At end of pavement of Peiffer Ave,
Approx 2000' south of Oleander Drive
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 11? YES [) NO
9. Have any Section 404 permits been previously requested for use on this property? YES (J NO
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 2.28 Ac
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 2.28 Acres
Drained:
Flooded:
Excavated:
Total Impacted: 2.28 Acres
.t
P,
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Conatrnrr street and grade
and level adjacent areas for residential lots
13. Purpose of proposed work: Construct small 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 on this site are not goon quality and are bisected
by ;f XXXKIXtFtiKU 4 wheel-drive trails; wetlands cut across the property such that distmrbanc
s
aj?
co ruct 0*
ec .
15. You are required to contact the U.S. Fish and Wildlife Service MSPV as n A*. ation2manne Fpsiei?ies ervice
WNTS) 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 [%X 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 permit area which may be affected by the proposed project? Have you done so? YES kX] 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. Lf a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? rtes d .n i at
F. If applicable, what is proposed method of sewage disposal? _ Co mnni v
-MIA X,
AGENT. SOAWAk Signature Date
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