19950891 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
WIPWAA
C)EHNF=1
October 6, 1995
New Hanover County
DEM Project # 95891
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Bill Clark Construction
1420 Commonwealth Avenue
Wilmington, N.C. 28403
p
uo' T
Dear Clark: FILE C
You have our approval to place fill material in 1.20 acres of wetlands or waters for the purpo_,°
of constructing a multi-family development at Willoughby Park, as you described in your application
dated 28 September 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 Nationazde
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, applicant must comply with DEM Coastal Stormwater Rules. Stormwater from the roads
should be directed to sheetflow into remaining wetlands as much as practicable. 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,
ston Ho ard, 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
Jeff Fentress; Stroud Engineering
Charlie Hollis
958911tr
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
- - - A
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 2S402-1890
REPLY TO
ATTENTION OF
October 31, 1995
Regulatory Branch
Action ID No. 199505097 and Nationwide Permit No. 26
Bill Clark Construction
1420 Commonwealth Avenue
Wilmington, North Carolina 28403
Dear Sir:
Reference your application of August 18, 1995, for Department of the Army
(DA) authorization to discharge dredged and fill material into 1.73 acres of
jurisdictional wetlands, located above the headwaters of Mott Creek, on your
property north of Carolina Beach Road and west of College Road, in New Hanover
County, North Carolina for the purpose of developing a multi-family
residential community.
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,
pursuant to Section 404 of the Clean Water Act, was provided by Nationwide
Permit No. 26 for discharges of dredged or fill material into headwaters and
isolated waters.
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 a consistency determination
from the North Carolina Division of Coastal Management (NCDCM), if your work
is located in the coastal area. You should contact Mr. John Dorney, telephone
[phone], 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 nationwide permit is modified,
reissued, or revoked. All the nationwide permits are scheduled to be
modified, reissued, or revoked prior to January 21, 1997. It is incumbent on
you to remain informed of changes to the nationwide permits. We will issue a
public notice announcing the changes when they occur. Furthermore, 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 9 Recycled Paper
N
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 27607
Mr. Bob Stroud, District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Mr. Charlie Hollis
Regulatory Consultant
138 Green Forest Drive
Wilmington, NC 28409
2

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
F== Fl
October 6, 1995
New Hanover County
DEM Project # 95891
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Bill Clark Construction
1420 Commonwealth Avenue
Wilmington, N.C. 28403
Dear Clark:
You have our approval to place fill material in 1.20 acres of wetlands or waters for the purpose
of constructing a multi-family development at Willoughby Park, as you described in your application
dated 28 September 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, applicant must comply with DEM Coastal Stormwater Rules. Stormwater from the roads
should be directed to sheetflow into remaining wetlands as much as practicable. 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,
C
ston Ho ard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office ?/ - _9 -5
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
Jeff Fentress; Stroud Engineering
Charlie Hollis
95891.1tr
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
STATE
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr. DIVISION OF ENVIRONMENTAL MANAGEMENT Jonathan B. Howes
Governor WATER QUALITY SECTION Secretary
September 18, 1995
Mr. Pete Avery
New Hanover County Planning Department
320 Chestnut Street
Wilmington, North Carolina 28401
Subject: DEM COMMENTS
Willoughby Park
New Hanover County
Dear Pete:
The Wilmington Regional Office received your request for comments concerning Willoughby Park
on September 15, 1995. Based on a cursory review of the plan only, and pending a complete Stormwater
Submittal, this project will be able to meet the State's requirements for a Detention Pond. Ponds are not
allowed to be constructed in wetlands, however, since portions of the wetland in question areconsidered
poor quality and not worth saving, a pond may be used. The following items should be addressed in the
Stormwater Submittal:
1. Completed permit application form.
2. Required high density fee of $385.00
3. Built-upon area and engineered system design calculations.
4. Two sets of plans and details.
5. A signed Operation and Maintenance plan.
6. All impervious surfaces must be directed to the pond. Please show how drainage from the
buildings, tennis court, and pool areas will be collected and directed to the pond.
7. Provide inverts for all drainage structures.
8. Various other requirements by the wetlands group must be addressed, including the
relocation/deletion of buildings 1, 2, 8 and 18 and the relocation of lots 1, 26 and 27.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer
r
r
Mr. Avery
September 18, 1995
Willoughby Park
Please remind the owner that a complete Stormwater Submittal must be received by this Office at
the time of the Erosion Control Submittal, prior to the initiation of construction. The comments given here
do not constitute acknowledgement of any such submittal. If you have any questions, please call me at 395-
3900.
Sincerely,

Linda Lewis
Environmental Engineer
DA/arl: S:\WQS\STORMWAT\COMMENTS\WILLOUGH.SEP
cc: Bill Clark Construction
Linda Lewis
Mt Jin.Dorney, Water Quality Planning
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 15, 1995
Bill Clark Construction
1420 Commonwealth Avenue
Wilmington, N.C. 28403
Project # 95891
Dear Mr. Clark:
1:3 EHNF1
F I L E CP,,
The Division of Environmental Management, Water Quality Section has reviewed your plans for the
discharge of fill material into 1.73 acres of waters and/or wetlands located at US 421 near NC 132 in New
Hanover County for Willoughby Park (residential development). Based on this review, we have identified
significant uses which would be removed by this project. These uses are water storage, streambank stabilization,
pollutant removal 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 the wetland fills for apartment building 18,8 and 2 and
lots 1, 26 and 27? Protection of these (and remaining wetlands) will help protect water quality in the proposed
pond. 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 any questions.
Sincerely
Joh R. Dome,
W ter Quality
cc: Wilmington DEM Regional Office
Wilmington Office Corps of Engineers
Central Files
Charlie Hollis
Brad Hammers; WRC
95891.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

DEM ID: _ 9 5 8 011 ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 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 MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEAUTI I,
AND NATURAL RESOURCES ----- _ _
P.O. Box 29535 .:
Raleigh, NC 27626-0535 22
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: BILL CLARK CONSTRUCTION
2. Owners Address: 1420 Commonwealth Avenue; Wilmington NC 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 HannvPr
Nearest Town or City: Wilmington
Specific Location (Include road numbers, landmarks, etc.): On NE side of U.S. Hwy 421 (Carolina Beach Rd)
approx 1/2 mile north of intersection with N.C. Hwy 132 (College Road)
6. Name of Closest Strearn/River: Mott Creek
7. River Basin: Cape Fear
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS lI? 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: 3.5
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0.91
Drained:
Flooded:
Excavated: 02
Total impacted:- 1.73

12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Construct access streets
residential buildings, and storm water retention pond
13. Purpose of proposed work: Multifamil develo ment
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to mirdmize wetland impacts. farrow w r 1 and "fin Prs" bi ?r
the property requirine --
wetland disturbance; buildings and streets have been aligned so as to minimize wetland
im
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NN'IFS) 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 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
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. NO [ J
IT 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 island use of surrounding property? uPCirIP„r;ai
F. If applicable, what is proposed method of sewage disposal? Community
AGENT. S? Signature Date
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STROUD ENGINEERING, P.A.
CONSULTING ENGINEERS
1078 COMMERCE STREET
GREENVILLE, NORTH CAROLINA 27858
[phone]
September 28, 1995
Mr. John R. Dorney
Water Quality Certification Program
N. C. Department of Environment, Health
and Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
RE: Project # 95891 - Willoughby Park
Dear Mr. Dorney:
Pursuant to our phone conversation this morning we have again
gone to the "Drafting Board" with hopes of removing more of this
project from the wetlands. The attached plan is the result of our
efforts. The original fill permit requested 1.73 acres of
disturbance permitted in existing wetlands. With the submission
of this revised layout we would like to amend that number to 1.20
acres which would represent a thirty one percent reduction. I
will give you a call once you've had time to review the attached
map.
ames H. Fentress, Jr., E. 20643
Thank you,
JHF/bsf
CC: Charlie Hollis
Bill Clark
? ?O
RFcFj
14 01P 49,I
107 COMMERCE ST.
SUITE B
GREENVILLE, NC 27858
[phone]
HESTRON PLAZA ONE
SUITE 102
MOREHEAD CITY, NC 28557
[phone]

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DIVISION OF ENVIRONMENTAL MANAGEMENT
August 24, 1995
MEMORANDUM
TO: Dave Adkins
Wilmington Regional Office
FROM: John Dorney Z rJjza-c 4,--
RE: 401 Certification Review
Please review the enclosed 401 Certification applications by September 11, 1995. Please call me if
you or your staff have any questions, or need assistance in these reviews.
PLEASE COMPLETE THE NEW STAFF REPORT AND RECOMMENDATION FORM
Bill Clark Cosntruction (2 week review)
# 95891
New Hanover County
The other enclosed material (if any) is for your general information and use as appropriate.
Enclosure
---------------
!Vt - --- - - --- -

+ + fa

VE
APPLICANT NAMF: biLl CLARK

P
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. y -- - -

MITIGATION?: Y/-!,T MITT GATIONI TYPE:

19
, ..;
, WETLAND OPTING SH47?
;
707 °
1S"`_....._.
& _ _- -»
DEM ID: _ 9 sag I ACTION ID:
RECEIVE
Auc 2 21995
Nationwide Permit Requested (Provide Nationwide Permit #): 26 EWIRONWENTALSCIENCES
BRANPIH
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]
ONE (1) COPY OF TIUS 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: BILL CLARK CONSTRUCTION
2. Owners Address: 1420 Commonwealth Avenue; Wilmington NC 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: Wilmington
Specific Location (Include road numbers, landmarks, etc.): On NE side of U.S. Hwy 421 (Carolina Beach Rd)
approx 1/2 mile north of intersection with N.C. Hwy 132 (College Road)
6. Name of Closest Stream/River: Mott Creek
7. River Basin: __ Cape Fear
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS 1, or WS 11? YES () NOx(X)
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: 3.5
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0.91
Drained:
Flooded:
Excavated: R
Total Impacted: 1.73

12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Construct access streets
residential buildings, and storm water retention and
13. Purpose of proposed work: Multifamily development
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Narrow wet t and "f in er " bisect
wetland disturbance; buildings and streets have been alignedhsoDasDtotminimizelwetland
imp
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
WNIFS) 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
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. NO [ J
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
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. ? NO [
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? ues; dpnr 9 a i
F. Lf applicable, what is proposed method of sewage disposal? Community
AGENT. S76H" 0- P-,-L2?S- Signature Date
I'HrCVLIINN (fit.At h^INUHU/ U.J. hVV T 421
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SEP-28-95 THU 9;:8 AM STROUD EKGI)IEERI?G FAX NO. 19197562345 F. 1
STROU.D ENGINEERING, P. A.
107 B COMMERCE STREET
GREENVILLE, NORTH CAROLINA 27958
TEL (919) 7.56-,93.52
FAX [phone]
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FACSIMILE TRANSMITTAL
DATE : I?`?'
ATTENTION:
FROM:

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SUBJECT: Nfiaiw
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SEP-28-95 THU 9::9 AM STROUD EXGI1FERING

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STROUD
P.A.
CONSULTING ENGINEERS
1078 COMMERGE STREET
IT/ GREENVILLE, NORTH CAROLINA 278N
(919) 766-B36f?
Sept~erber 26„ 39'95
Mr. John R. Dorney
Water Quality Certification Program
w. C. Department of Environment, Health
and Natural Resources
PDEt Office Box 29535
Raleigh, Werth Carolina 27626-0535
RE: Project # 95891 - Willoughby Park
Dear Mr. Darney:
.*0101
F. 2
Pursuant to your letter to Mr. Clark dated September 15, 1995
concerning the above referenced project I would life to present
an explanation oaf our request to fill or otherwise disturb 1.73
acres of wetlands. From the beginning we have attempted to
minimize the impact on wetlands, however this has been.difficult
with the additional constraints placed on us by County.zoning.
The County zoning laws severely limit the density within the 200
feet wide strip around the perimeter of the property. This
forces the development to tiae ulterior where there is a potential
for a greater wetlands impact. in order to minimize this impact
the developer has reduced the density to 90% of the allowable
density for this zone. Any further reduction in density would
not be economically feasible.
We do however understand your concerns therefore we have again
gone to the "Drafting Board" with hopes of removing as much of
this project from the wetlands as possible. The attached plan is
the result of our efforts. The original fill permit requested
1.73 acres of fill permitted in existing wetlands. With the
submission of this revised layout we would like to amend that
number to 1.35 acres whicli would represent a twenty percent
reduction.
Thank you,1 r ,
es,x. Fentress, Jr., F.E. 20643
JHF/bsf
CC: Charlie Rallis d
Bill Clark
107 OOMMERCE ST.
SUI'T'E 8 .
GREENVILLE, NO 27668
[phone]
FAX NO. 19197562345
NESTRON K AZA ONE
SUITE tea
MOREHEAD CITY, NC 28687
[phone]
SEP-28-95 THU 9: ' 9 AM S'TROUD ENGINEERING FAX KO. 19197562345 F. 3
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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
7671 Date
Post-it" ax Note
MEMORANDUM To From
Co.
Co./Dept.
TO: John Dorney Phonf
Phone #
Water Quality Section, DEM Fax # Fax #
Z
FROM: William Wescott, Coastal Habitat
Habitat Conservation Program
DATE September 11, 1995
SUBJECT: 401 Water Quality Certification for Bill Clark Construction for filling and
excavating wetlands associated with subdivision development, Wilmington, New
Hanover County, North Carolina. DEM ID: 95891.
Staff biologists with the Wildlife Resources Commission have reviewed the subject permit
application. A site visit was made on September 6, 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 has applied for Water Quality Certification to place fill in wetlands for
development of an access road and residential lots and to excavate wetlands for the construction
of a storm water retention pond within the development. As proposed, a total of 0.91 acres of
wetlands will be filled and 0.82 acres of wetlands will be excavated. Vegetation on the site
includes but is not limited to common reed, red maple, water oak, bay, wax myrtle and dogwood.
These wetland areas provide valuable wildlife habitat for small mammals, reptiles, amphibians and
a variety of song birds, serve as wildlife travel corridors and provide filtration and buffering of
runoff which protects water quality in surrounding areas. Therefore, we recommend that
certification be conditioned to require the following project modifications:
.Z--
1. Residential lots 1, 8, 9, 26 and 27 be modified, deleted or deed restrictions prohibiting
perspective property owners from impacting wetlands be required.
_,
,-
2. Buildings' #2 and #8 be reconfigured or deleted from the project plans.
Wetland areas for the access road to residential lots be bridged.
Thank you for the opportunity to comment on this project. If you need to discuss these
comments or need additional assistance, please call Brad Hammers at [phone].
BH/ww
cc: Bennett Wynne, Fisheries Coordinator
Brad E. Hammers, District 2 Fisheries Biologist
Bobby Maddrey, District 2 Wildlife Biologist
Project name-
Count} PA-A)
Dame of evalua
etland are,
U
r
Wetland type (select one)*
? Bottomland hardwood forest
Oig-Headwater forest
? Swamp forest
? Wet flat
? Pocosin
? Bog forest
Dearest road, .
acres Wetland width
-.vase
? Pine'sava-na
? Freshwater marsh
? Bog/fen
? Ephemera' wetland
? Carolina Bay
? Other

t
'The rating system cannot be applied to salt or brackish marshes o stream channels

J
' ht
wei
Water storage g
x 4.00
j,
Bank/Shoreline stabilization
x 4.00 = <f
4 tfvetland Score
J
J
%

Pollutant removal

x 5.00

Wildlife habitat x 2.00 : ' ;:-
/
.
J
Aquatic life value
x 4.00
Recreation/Education ? x 1.00 = , J
. * Add 1 point if in sensitive watershed and > 10% no npoint disturbance within 1 /2 mile upstream, upslope, or radius

J7
Pr?bject n e I?Tearest road. Q AI County s <<
?-?--w-? - etland area acres Wetland width
Dame of evaluator ate
Wetland type (select one)*
? Bottomland hardwood forest ? Pine-savanna
UeHeadwater forest ? Freshwater marsh
? Swamp forest ? Bog/fen
? Wet flat ? Ephemera' wetland
? Pocosin ? Carolina Bay
? Bog forest ? Other

I'll
C-
{ feet-
*T'he rating system cannot be applied to salt or brackish marshes or stream channels
weight
?- Water storage x 4.00 =
WetlandScore
Bank/Shoreline stabilization 1 x 4.00 =
Pollutant removal' x 5.00
Wildlife habitat x 2.00 =
Aquatic life value x 4.00 =
'?- Recreation/Education x 1.00 =
C * Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 1 /2 rr:ile upstream, upslope, or radius
57