19951104 Ver 1_COMPLETE FILE_19950110

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Ja mes & Hunt, Jr., G ove mor
Jonathan R Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Mattew T. Murphy
Southeastern Enterprises, Inc.
1508 Southeast Harbor Drive
Wilmington, N.C. 28409
Re: Compliance Inspection of Telfair Forest Subdivision
Dear Sirs:
LT .I ? FAA
ID FE F1
May 5, 1997
New Hanover County
DWQ Project # 951104
On December 18, 1995 you were issued General Water Quality Certification Nos. 2671 and 2732
authorizing 0.96 acres of wetland impacts needed to develop the Telfair Forest Subdivision off US 421
South, New Hanover County. This certification contained the specific conditions that deed restrictions
shall be placed on the remaining wetlands to prevent future wetland fill.
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. We found that the main road had been put in and graveled
and construction had begun on the residential structures. Another site visit will he made after construction
of the subdivision is complete to verify full compliance with the 401 Water Quality Certification.
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 (919)
733-1786 or Jim Gregson at [phone].
Sincerely, At, -
Peter B. Colwell
Environmental Specialist
cc: Jim Gregson, DWQ Wilmington Regional Office
USACOE Wilmington Field Office
John Domey, DWQ Central Office
Environmental Sciences Branch • 4401 Reedy Creek Road
Telephone [phone]
An Equal Opportunity Affim?adve Action Employer
Telfair.951104
• Raleigh, North Carolina 27607
FAX # [phone]
5016 recyded/10% post consumer paper
May 5, 1997
New Hanover County
DWQ Project # 951104
Mr. Mattew T. Murphy
Southeastern Enterprises, Inc.
1508 Southeast Harbor Drive
Wilmington, N.C. 28409
Re: Compliance Inspection of Telfair Forest Subdivision
Dear Sirs:
On December 18, 1995 you were issued General Water Quality Certification Nos. 2671 and 2732
authorizing 0.96 acres of wetland impacts needed to develop the Telfair Forest Subdivision off US 421
South, New Hanover County. This certification contained the specific conditions that deed restrictions
shall be placed on the remaining wetlands to prevent future wetland fill.
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. We found that the main road had been put in and graveled
and construction had begun on the residential structures. Another site visit will be made after construction
of the subdivision is complete to verify full compliance with the 401 Water Quality Certification.
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 (919)
733-1786 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
Telfair.951104
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
401 COMPLIANCE MONITORING
FORM
DWQ Investigator: ), 6'11 DW #
ylZ ? Q
Date : q lq7 Time: Regional Office: 14/,,per} / County:
Project Name: TQ I (- o(-k ?di QSI? t 9
Permittee: 50 0 -f4 e6+t y G7 4evf0e,`5 e.5 , 'I'ti&
Location of Project: ,50(44 i ?Ii 5
Type of Development Authorized:
S,?f'ev1 f"i ( JGr?G??
Type of Permit / Water Quality Certification: A/W It o? / 2737, o,70'71
Type of II Impact: ?'?? -d y^ 2 /ot L) W4 Gs? 511/ f a cr055
6 of TeLfairS Cvr 14144 latj
Wetland Type and DWQ Rating: PO G /
Nearest Stream: (-e l to V 5 Ce K Basin/Sub.:
Distance of Wetland Impact from Nearest Surface Water: 0- /5
Specific 401 Conditions: ?/]
i"/-Q -eGi tG> 5 -?!/` ? <i l G b i4 s O (/1 Gf (( 1p-2 //sZG? e vI r`Gt
UVA(aJ s
Is project in compliance with all conditions:' Y) / N
Comments / Description: A /,aCe- rp ?Z"GSS??? I ?t dti
5 a'-fl\, AO/[GF UI?P!? JbLE
0 Gt G U'o

Is there a violation of the 401 Certification authorization ? No
If so complete the enforcement section on the back of this form and forward copy to
the Central / Regional Office.
Signature: Date: 12-
DWQ 17196
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
00^v7A
ID EHNF=1
December 18, 1995
New- Hanover County
DEM Project # 951104
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Southeastern Enterprises, Inc.
1508 Southeast Harbor Drive
Wilmington, NC 28409
riLE" COP
Dear Sirs:
You have our approval to place fill material in 1.27 acres of wetlands or waters for the purpose
of constructing a road crossing and lot fill west of US Hwy 421 adjacent to the Cape SubdiN ision, as
you described in your application dated 15 November 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 all remaining wetlands to prevent future wetland 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 Domey at 919-733-1786.
Sincerely,
?4 OnH o w a, r. 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
951104.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 60% recycled/ 10% post-consumer paper
NL DEM WU LNV: Li rax:,jij- ,55-??+?? Nov 15 ``b 'J:4?) r. U6/Ub
Reviewer: 3atN DC?RNEY WY SuPV .. <N
ENVIRONMENTAL SCIENCES BRANCH DATE. ?
JBJECT: WETLAND STUFF REPORT AND RECOMMENDATIONS
,c**EACH ITEM MUST BE ANSWERED (USE N/A POP, NOT APPLICABLE) :t
PERMIT YR. 95 PERMIT NO: 000111104 COUNTY: NEW HANOVER
APPLICANT NAME: SOUTHEASTERN ENTERPRISES
PROJECT TYPE: ROAD CONSTRUCTION 1 PERMIT-TYPE:
RCD FROM CAA: APP NW14/26
Ct7E #-. DATE FRM-CAA: 10/17/95
-
kf-G OFT ICE : WIRO
IVER ANA_SUB-BASINJ. 030624 S. R INDEX-NO: 18--87-31.5-1
STREAM-CLASS: SC
WL-'IMPACT?: 61N WL_TYPE: Poo- R?6osj
WL REQUESTED: WL ACR-ES`?? : Y10 o,p?' Fo
4 .97 ?- ?
WL_SCORE.M : WATER IMPACTED BY FILL?:, / Nl9?sC/?N
MITIGATION? : Y f MITIGATION-TYPE
MITIGATION SIZE: DID YOU REQUEST MORE INFO?: YD
IS WETLAND RATING SHEET ATTACHED?: Y/N
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?:(J/N
RECOMMENDATION (Circle One): ISSUE 1 SSU r/ ON DENY
COMMENTS :
61
25
egional office ?
P v
Central Files
712 C/ CZ

"71-1
xl? C ?. C4,_
NU DEM WU ENV6U 1 f a : 919- r'66-9!t9
NOV 1t '9t 9:4?D I'. U4/Ub
DEM ID; 9.b .?.-.. - ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 14 and 96
JO.
Nationwide permits that re
Nationwide permits that req
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E.
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPI
SEVEN (7) COPIES SHOULD B1; SENT TO
PLEASE PRINT.
1. Owners Name:
2. Owners Address: 1508 Sou
FORM FOR
notification to the Corps of Engineers
application for Section 401 certification
WA R QUALITY PLANNING
DIVISION OF FNVIRONMENTAL MANAGEMENT,,.,,.,. r
NC DEPARTMENT OF ENVIRONFEn
AND NATURAL RESOURCES i s y ,..W .Y
P.O. Box 29535
Rai igh, NC 27626-0535 >'
A MR. JOHN DORNEY OCT ? 7 ????
Tel hone (919) 733•-1786 w
1I
tCA ON SHOUi:D BE SEW TO THE CC)I'',O . GINEERS.
N.C. DIVISION OF ENVIRONMENTAL `MANAGEMEN'T,
INC.
Harbor Dive; Wilmington NC 28449
3, Owners Phone Number (Home):
4. If Applicable: Agent's name or responsible
AGENT: CHARLIE HOLLIS
REGULATORY
5. Location of work (MUST ATTACH MAP).
Nearest Town or City: Carolina Beach
Specific Location (Include road numbers, land
etc.):---RPQt- of ILS, Hwy .421; Adjaaent to
(Work):
official, address, phone number:
DU GREEN FOREST DIVE:
6. Name of Closest Streaxn/River:
7. River Fusin:
Fear
New Hanover
it Crekk
8. Is this project located in a watershed classified as rout. SA, HQW, ORW, WS I, or WS II? YES NO
9. Have any Section 404 permits been previously re uestod for use on this property? YES (] NO
If yes, explain.
10. Estimated total number of acres of waters of
U.S., including wetlands, located on project site: 25
11. Number of acres of waters of the U.S., inc
NWP-14
Filled: Crig_LA"
zmk"x
Flooded.
wetlands, impacted by the proposed project:
NWP-26
;0 "B" CRSG_'_Crr
0.26 .23 0.78
Excavated:
Total Impacted:
I
NC: DEM WU ENV?l i r ax:,j1j-(66-?ubu NOV 1b "fib 'J :4b h'. UbJUb
12. Dcscription of propose-i work (Attach PLANS-8 1/2" X l l" drawings only): C nstruct street through
property
13. Purpose of proposed work: Provide aGces ` to high ground areas
14. State reasons why the applicant believes that this
taken to minimize wetland impacts. -Wetlands
existin road bed and has taken shortes
15, You are required to contact the U.S, Fish and Wil(LAMES) regarding the presence or any Federally listed
habitat in the permit area that may be affected by the
RESPONSES FROM THE USMS ANIXOR NMFS
16. You are, required to contact the State Historic 1
properties in the permit area which may be affected b;
RESPONSE FROM TliE SHPO SHOULD BE.FOP0
17. AddAonal information rrqu.imd by DEM:
A. Wctland delineation map showing all wetlan
B, If available, representative photograph, Qf we
C. If delineation was performed by a consultant
delineation line,
D_ If a stormwater management plant is required
E. What is land use of surrounding property? -
F. 11 applicable, what is proposed n'iethod of sev
AGENT.;
vity must be carried out in wetlands. Also, note measures
route across wetland area
i.life Service (USFWS) and/or National Marine Fisheries Service
>rproposed far listing endangered orthreatened species or critical
roposed project. Have you done so? YES NO[
]
SHOULD BE FORWARDED TO COIFS,
reservation Officer. (SHPO) regarding the presence of historic
the proposed; project'? Have you done so? YES,*X) NO(
]
1A.R pED TO CORPS.
s, streams, and lakes on the property.
ands to be impacted by project.
include all data sheets relevant to the placement of the
for this project, attach copy.
_ Residential
age disposal?
MIARLTE 801.1.
az?? Z/-,/ g "
O:s Signature Date
NC DELIWQ ENV CI Fax:[phone]
?x7 fax ?
d
7
tl
Uf
LL
J
Q
v
AJ
ti
d
V
d*J
F-

il
l{
+
11{
0 m
't
2

I

? Q
y
t
t
r
/`l ! y?W
1 ? Y
'

1

20A %I C)

No to PD ' Y5 9: 4b

N
v U
u
]

A
u
F. Ub/Ub

ca
warn

4 w qp
04 CN
c'7
E
A W
V W
?, G
W 16 0

a
b0 a

a

CO
a
C
?
A
as
- Hildom

Y >4
r Rf" Ct ?
QI
v
A
o?A
4.
N
W
r7 qo
5
** $ FR .iL}Mi
0
1.4
wo ' r F
Vol
RIVFR
COUNTY !river -n•
n N1r
r -6
s.
? Y
?ti ? V
NC DEM WO ENV CI
u
0
0 '
U
N
LL,
J _
d qA
0 j
Y
(1j ?

(•1. ?? ?? CiW U Y
I
dl N J
/ / 41
I L I l r3

I
N

y y
lo
w
r ? ? v yi

?• _ tIn 0
q?
1M1 qJ gars
r y11? ?+1

?
V ?
to . Y v
•r

?v 1 w
Fax:[phone]
N ? ! ?__L
r I
6
H ?
F4
?
IN
r1
C
In
n Q
ti
h
M
y
Nov 15 '95 9:47 P.01/02
ev

? f?l? CJ O ? ? CV CrS
Q CO W
i.1 w z 0

]r ? pQ
'??'j C1
W
W ' r? y

00 ?
- -? HIHON
rn 0
H
Ln
p

a
11tw

4;:IZ7
i
IN 1i

C`J
cad
U
F?
I
r

H
U

D

6

Z

N

0
1 ?

t r
i'.
11
NOV It) 'Jb 'J: 4d r. U2/U2

N

a
Z

A a?
?n

C H
N ? N
H ? la

w b o
?
a
z ua +? .,4
V+ 14
U m o
' Gh O ra
H vj
a
U
w
WF ?
5t ?
x
W
H
ti
v
m
w
0
a
a
a
S w°' F
coukrr
?COUY R?uer
Por
4?N iAS1d???
all, 41 1
1 l

NC DEM WO ENV CI
k
t
y?
R

Fax:[phone]
? tl ? n
? o o ?a
w
Fem. 4'1 ?t .i
N
1 O '^?
?w
e
i L.

0

If
U

C? ?

y r.
u

q'
w
w r
x ??
z

c?
i
I1?+
1
V
n
V
Cti ?
r-I ?1
L7
N
?. q
y ;;p
W4
P. 01`01
f j Q I-•?-
N

c?

H' 14 4-1

Q
e°
a
fr ? .f i

ua
N ? ?

Q ?

u7
C?
*?
V f I
`
:-r

W

W
Q
Nov 15 '95 9:49
.- W
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
Jamesa Hunt, Jr., Govemor
Jonathan R Howesy Secretary
A. Preston Howard, Jr., P.E., Director
LT.WMAI
A&14
ID E-= F=1
FAX TO:?
FAX NUMBER:
FROM: A+e Cd l tlv e 6 1
PHONE: 733- C 7? s
NO. OF PAGES INCLUDING THIS SHEET:, 9
COMMENTS: i vh Ca i yo tr -fa k-e Gl l o® k
a ? -f k3
4C)/ r C."'e 54 ?
? 4-01, ?&/
?a !/2 rvt e q L"y'?! (o Lt/? ??, ?ov ?h rll
??y
Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal opportunity Affirmative Action Employer 501/6 recycled/105/6 post consumer paper
DIVISION OF ENVIRONMENTAL MANAGEMENT
October 23, 1995
MEMORANDUM
TO: Dave Adkins
Wilmington Regional Office
FROM: John Dorney 8 0"0?
RE: 401 Certification Review
Please review the enclosed 401 Certification applications by November 8, 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
1. Southeastern Enterprises (2 week review)
# 951104
New Hanover County
The other enclosed material (if any) is for your general information and use as appropriate.
Enclosure
KEMORANDUM PRINT NAMES:
Reviewer:
TO: JOHN DORNEY WQ SUPV.:
ENVIRONMENTAL SCIENCES BRANCH DATE:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
**EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE)
PERMIT YR: 95 PERMIT NO: 0001104 COUNTY: NEW HANOVER
APPLICANT NAME: SOUTHEASTERN ENTERPRISES
PROJECT TYPE: ROAD CONSTRUCTION PERMIT TYPE: NW14/26
COE It : DOT Ik :
RCD
FROM
CDA: APP DATE_FRM_CDA: 10/17/95
_
_
REG OFFICE: WIRO
RIVER AND SUB BASIN J: 030624
STREAM CLASS: SC
WL IMPACT?: Y/N
WL REQUESTED:
WL SCORE M :
MITIGATION?: Y/N
MITIGATION SIZE:
STR INDEX N0: 18-87-31.5-1
WL_TYPE:
WL ACR EST?: Y/N
WATER IMPACTED BY FILL?: Y/N
MITIGATION TYPE:
DID YOU REQUEST MORE INFO?: Y/N
IS WETLAND RATING SHEET ATTACHED?: Y/N
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/N
RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY
COMMENTS:

CC: Regional Office
Central Files
DEM ID: 9 51 1 Cj q ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 14 and 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
NC DEPARTMENT OF ENVIRONi
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Tele hone (919) 733 -1786
e? c
OCT 1 T 1995
P
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 MIANAGEI EM T.
PLEASE PRINT.
1. Owners Name: SOUTHEASTERN ENTERPRISES, INC.
2. Owners Address: 1508 Southeast Harbor Drive; Wilmington NC 28409
3. Owners Phone Number (Home):
(Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
AGENT: CHARLIE HOLLIS
REGULATORY CONSULTANT
138 GREEN FOREST DRIVE: WILMINGTON NC 28409
5. Location of work (MUST ATTACH MAP). County: New Hanover
Nearest Town or City:
Car6lina Beach
Specific Location (Include road numbers, landmarks, etc.): Wpsr of tl_s- Hwy 421; Adjacent to
Thp rape 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
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: 25
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
NWP-14 NWP-26
Filled: Crsg- -"A" CRSG "B" CRSG-"C"
- --
% 0.26 0.23 0.78
Flooded:
Excavated:
Total Impacted: 0. 2 6 + n-23 - 0-7A - 1.27 A .
12. Description of proposed work (Attach PLANS-8 1/2" X I V drawings only): Construct street through
Property
13. Purpose of proposed work: Provide access to high ground areas
14. State reasons why the applicant believes that this activity must be carved out in wetlands. Also, note measures
taken to minimize wetland impacts. Wetlands separate high eround areas • alignment has followed
existin road had and has taken shortest route across wetland areas
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 orproposed 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 jJ 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)fX ] 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. If applicable, what is proposed method of sewage disposal? c?mm,,,,;
VHARLJE_HQLL Jzg? ?0 /3 gs
AGENT. SQW}ts Signature Date
'WI
N
0 ?
U i
1
J 1
Q 1
J
W
U'
1-

' --? I N. i.i N? N I N ?T` I
r ?T
O N

N
0
z
w A ?

N M

v
x z W
w o
W W y O
41

cs: ?y3
CO

y H O
o?
?
A y
w
a
a
O

E-4
l
d a
l
O W ?
>4 z
`?1 • ?a?
S ,
. n
CJ \ H
?
p ? A
P a

P4 w U

A

IN
i
i
I
0
V
Q
J
J
N
v
1

J
f
4
m,
Y

/

V
M
CA N
O
z II
a?
U ?C
A -
?o
H ?
I
h
J O
b h
IAJ
?Q
Z J
J ll

V
d

d N
O
z
u

O

? A -
y ?o

? n ? r-I
W

N ? r
2 „

~ 4
J
3 W ?
J
h
O
J "
N N R
2?? K
J V jj V'
M p 2 J
3vW+?i _
U
C7 d
z
N00
C4 r
W
oa0
U
?D
A N
I
WH
3
0
em
n?
a
uQ
I4
?o
N
d3
U

a?
Z
H
A
O 104 4 N M

H a

U
O
V
~ W x z
z ij r. M

1-4 N 41
z a
.? n
c
o
3
co
H O
t!1 O '"?
ra
A y
W
a
a
U
z
H

O
a
o
U ?D
II
H
3
O
U
a
F
W
A

PO
U
z
H
a
U
A
WH
3
li?? .Gll
I
Y
Z
i

I

I
?
z
H

U

i
q % ? ??t
1 r

H
w
3
U
U
z
H
N
V
A
F
z
I '
I I? ?
t
z
3
N
v
z
.-. ,?
I •,4
A
o
O H N
tx
W x z
H W O
QO
oz
0
F E
V2 1-4
L"I
X003
H O
y o -4
H Lo
A
a
c7
z
H
rn
a
U
A WW
Cj
O
w z
0
z
0
H
d
U
O
a
cn
w
0
N
4j
d
d
cn
? i
s - m
?. m r
N ?
L
q O
D H?
ST.
y?N^rti
16 vi
? l? J N?`?J?"• r,r
o 0
u ° ? O
1!1 m F
RIVER ? < N • g
a
------_m-_ COUNTY
COUNTY River '?-•
Fear o
0,2
•? i Z
-> > 0
DEM ID: !9 51 l d y ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 14 and 26
JOINT FORM FOR
Nationwide permits that require notif cation to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, w --
1
S !? F
P.O. Box 1890 AND NATURAL RESOURCE 7
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535 s
Telephone [phone] ATTN: MR. JOHN DORNEY 00T
Telephone (919) 733•-1786
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE C gffl MUMKE?RS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONME T.
PLEASE PRINT.
1. Owners Name: SOUTHEASTERN ENTERPRISES, INC.
2. Owners Address: 1508 Southeast Harbor Drive; Wilmington NC 28409
3. Owners Phone Number (Home):
(Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
AGENT: CHARLIE HOLLIS
REGULATORY CONSULTANT
138 GREEN FOREST DRIVE: WILMINGTON NC 28409
5. Location of work (MUST ATTACH MAP). County: New Hanover
Nearest Town or City:
Car&lina Beach
Specific Location (Include road numbers, landmarks, etc.): west of U.S- Hwv 421; Adjacent to
The Can- 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 i ] 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: 25
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
NWP-14 NWP-26
Crsg
Filled: "A" CRSG "B" CRSG "C_"
- - zoducA 0.26 0.23 0.78
Flooded:
Excavated:
Total Impacted: 0. 26 + 0-21 - Q _7R - 27 A
a J.
1 2. Description of proposed work (Attach PLANS-8 1/2" X I V drawings only): Construct street through
ro ert
13. Purpose of proposed work: Provide access to high ground areas
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 high Around areas: alignment ha follow d
existing road had and has taken shortest route across wetland areas
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 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 ?CXJ NO[
J
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Off icer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES J NO[ J
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. If applicable, what is proposed method of sewage disposal? _ Cnmmnni rY
--
rHARETF-HOLL ?? /J (?,s
AGENT. SQMW{j;s Signature Date

_ ? '- ?NI? Nei ?
U ?lh?
aQ (
to W 40[_ f?tu?
o' E/ro _
en c0 //? ran
Tel , q?
Luf? /
w
pi 17.
N
X28.0 an'1o. -tn
0
?•^ o i?,? ?4Z?7 Q
111
41>
32 1 ? L' Z
4 t r?40 0
v ?. 0 ?.lyl',r
%? vJJj S ? Y.
? 0? s` ti` N S E' ` Y
0 )\ n
U 0 V ) iF titi?N r 's? j 0
13
V al .S
/ v
s?> ui
? tt/ / U? n Q
N vb ?? 3 / A e> -
.. y so
Qr
(?J.i? N Trl 27 181 m
u „
it .v w (? O
v 1 L7 n '"`ill -
?- I I N a v
I J W / Q `+? • ?`
hla ?
?? ? a W ?j v Lv
1 v ? 0
?•C) _ uvt c o d ? v
O. O ?L K ?
N: +1 ±
Fl} 4p .j J
`
or ^ c
? ' vF
.icp
'? MIIR ,lo N '
ON I I " ?_ T
%
-t
N

? U
z
hAO
N W 0 00
?? f!1 V O 04 N
°z Wxz
y
ca w zya
N w o
d
°
z 4j •?
7
CW9 d 0
co
-•F--- xsxox
y a LAI

H
A O '..1
?
a
a
M
W
0
r4
41
a?
x
z

Ef H?j ?
O W \
>4 z

P 04 44
P4 0

A
z
6

Ok, x
1
.o
N
ad
z
H
U
0
N
W
In
a
V
A
E
3

r

P4
V
z
H
w
U
A
H

I f, r
I
? ,I r?
I r
f y
y
i
i

d
i
?
1

1
z
H

!
p (

{i

e
I
3 A O'
z w $4 -*
0 00
O 1-4 IN
H >•+
U W x z
1.4 W ? O
Z
CD
°z .?
c-y
x003
E? O
Lf)
N O
H to
A
rs?
z
H
N
LYE
U
A
w
0
z
0
H
d
V
°a
aW
U
0
z
m
4-1
O
N
d
d
x
Uiti
p
9 d?
r?
i'
? , ? m
oa,7
t"
af
m

?plspOJp?/4/ /
Oa08N
O
Q ft
Syh, m?\
y ST.
Q4r?H? ? ?W
v v
®
?
'
a sOy
4
?
O
Y 41??
° z
v g
Y Y • AQ m
RIVER ec < i $ MMA H
g oo/`?
r U
O
a
c? _? ..=_t?__m? _ COUtr
COUNTY River -•
Fear
o? 1;.°.
O O Y• _ v
C
i
o 0
0 • m(
0
4
0
N
ANTAt?? ?
O
pI
in
n C a µ0 ?` a.

?. k

I EQ N
z

m u
I
fn ?o n
^
?
F
??
y U k Q J
h
R 3 A
Q h N Q
.\^
`'??\
?v •? W
ixxa
ti

2
O N

{V J Q
W
N
" W
Q
a? Q

Y ?
a
1

r?

J
0
Q / V
d

d N
O
z
n
0
Q cn co

u U K
? A -
W
H v

O H
?
J ?

h ? r

W
J

d ?
2
I
o ter'

+ z
~
I r+
w Q ?

O 00
H N
M

/
1
F Lei
U
0
wxz M
1.4 w 1Ij r.
1
O .0
z H .? cn
?n 0 :4
00
O
J N H
?
.-1
0
-
IV 1-4
A ?
I
U
. U d
H co
to ?
U
?
o
o z
y
n
U cn
A N ? O
_I U ?O
AA II
W
3 ,
H
W
3

?
o
to L+4
0 o O ?U
u? a
H
F
W
A

DEM ID: 9 5 I I O g ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 14 and 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 ENVIRONMENT
NC DEPARTMENT OF ENVIRC
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone (919) 733•-1786
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONM
PLEASE PRINT.
OCTI7I
1. Owners Name: SOUTHEASTERN ENTERPRISES, INC.
2. Owners Address: 1508 Southeast Harbor Drive; Wilmington NC 28409
3. Owners Phone Number (Home):
(Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
AGENT: CHARLIE HOLLIS
REGULATORY CONSULTANT
138 GREEN FOREST DRIVE: WILMINGTON NC 28409
5. Location of work (MUST ATTACH MAP). County: New Hanover
Nearest Town or City
Car&lina Beach
Specific Location (Include road numbers, landmarks, etc.): w,.-sr of u. s _ Hwy 421; Adjacent to
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 f ] 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: 25
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
NWP-14 NWP-26
Filled: Crsg- -'W'_ CRSG "B" CRSG "C"
-
% 0.26 0.23 0.78
Flooded:
Excavated:
Total Impacted: 0.26 + n_23 - Q -7A - 1.27
Ac
r b+. s
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Construct street through
ro ert
13. Purpose of proposed work: Provide access to high ground areas
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 high round areas- ali nment ha followed
existing road bed and has taken shortest route across wetland areas
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 orproposed 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 kX) 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)tX
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 stormwat.er management plan is required for this project, attach copy.
E. What is land use of surrounding property? Residential
F. If applicable, what is proposed method of sewage disposal? CAmmt_ ,_ n,,
VRA
L gs
AGENT. S0M9k Signature Date

?-/
N
in
d
? e!
0
U 0
N
J ?
V
x
J
W
U'
yyW
L1
r
\N?Z?iT
ah
1 I M4R f.o N t
1? I? N ??) N I N N I N
_ r T
N
N

z
A O'
?4
C? ? N M
H x z °
W

W z r.
W N o
H d ? y

Z? 04
x
co

c/1 H
' i
A
ra
A O
?
W
a'
a
z
O
0-4 ^
d

O W
'

•?
>4 z
+ o?
r ` 4 7+ A 'C7
a A

`d f OW.i
R H
04

A

\13
N
v
o
--f - HJLHON

1.
.
z
H
R
V
A
F

U
z
H
a
U
A
F
3

d
/
/
1

V
z
H
C11

.

---111

U

62
r/
r
t?
I
I
I?
I
I
i

y
i
N

U

d
Z
7
,
cy?
A

0 0
a ? N M
,
.,

x w
0
U W
z N
w °
u
0
00 ?
0
dc°n?
:
x co
O

c/1 F
Lr)
AO '"I
H
A N

a
W
0
z
H

°
a
V

€ A W
'?

y
?
'
o
z

o
z
0
H

U
°
a

/ips d m o
4pl + v m m

0 ap8N0 ?b/sbpJp?lu/ ^ -C?. a`p[
o
S
r/Y
JOS\EP
ST.
N 7Y `
Ob r V .
c° » r
O O
Y 1 A° m ' F
RIVER oc < i? c_° ^ ? d

couN
?1- a
COUNTY River '
•
Fear-?--?.
g.°_
e• • ml
Oi(9
`
ANTAT?ON
P?
m p
o O a° `? ?

W N
O ? I
C.7 h
z u
~
O h
p
?.r
c
n
tJ) ?p M J?
? °

W J ri i ?O
N

Fajv 22=R
? I ~

H.t
Q N
`
31
cr,
3 u J tk E co
ZO h-I 0 N M
/ H t?C U O
? U F x z M
J p Lra W N 0 LJ

rk
ci 1-4 Cd 4)
I
b q
z bA
r
¢
' W W
uQ UU d y?
i
e co
J ll R1. O
? F
a
H O
vj

a3
V A
W
? C7 d Pa
z
Cn r- U
V) z
00 H
p; v U)
U ?o O
A N 0.i O
U ?O
II
?
W
3
H
?

C
O
? ? !1
o t

/ 0-4
F
tL
J W
m A
/ v

d N
O
C7
z II

CA co

? A
h
0
?
h
H
J
4
1
.
h ? r

Q ?j
J Q r
/ t W
J
/
-ii?
! r
i

0/-99S
® 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
Division of Environmental Management, DEHNR
ti
FROM: W William Wescott, Coastal Habitat Coordinator
Habitat Conservation Program
DATE: November 15, 1995
SUBJECT: Nationwide 401 Permit Application for Southeastern Enterprises, INC., 1508
Southeast Harbor Drive, Wilmington, New Hanover County, North Carolina.
(Project # 951104)
Staff biologists with the Wildlife Resources Commission have reviewed the project and
associated impacts on wildlife and fishery resources in the area. An onsite investigation was
conducted on November 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.) and
Section 401 of the Clean Water Act (as amended) and North Carolina General Statutes (G. S.
113-131 et seq.).
The applicant is proposing to fill 3 sections of `404' wetlands to construct a roadway to
access high ground for a proposed subdivision. The project appears to be an extension of the
Telfair Forest Subdivision. The road alignment has partially followed an existing narrow road bed
and the applicant has attempted to minimize other wetland impacts by crossing wetland areas at
their narrowest point. Although total project acreage was not included in the permit application,
25 acres within the project area consists of'404' wetlands or other waters of the U. S. The
immediate impacts to wetlands from the road construction total 1.27 acres. One of the proposed
fill areas appears to be the headwaters of Telfair Creek, or a small tributary to Telfair Creek, a
tributary of the Cape Fear River. The wetlands on the project site provide valuable wildlife
habitat and serve as travel corridors for numerous species of amphibians, reptiles, birds, and
mammals. These wetlands also protect water quality in the Cape Fear River by filtering pollutants
and buffering storm water runoff
The project as proposed would immediately destroy 1.27 acres of wetlands and another 23
acres of `404' wetlands will be threatened by future development. We have determined that this
project is inconsistent with our Policies and Guidelines for Conservation of Wetlands and Aquatic

Southeastern Enterprises, INC. 2 November 15, 1995
Habitats. 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. However, we would not recommend that a 401 Water Certification be denied if deed
restrictions prohibiting perspective property owners or the applicant from impacting wetlands is
required for all lots containing wetlands.
We also recommend for wetland crossing "C" that the stream be bridged rather than
culverted and filled, thereby reducing the immediate impacts to wetlands and aquatic fauna on the
project site. Also, we recommend that applicant take all necessary precautions to avoid siltation
and filling of additional wetland areas along the narrow roadway in area "C".
Thank you for the opportunity to comment on this project. If you have any concerns
about our comments, please contact Brad E. Hammers at (919)-939-1167.
cc: Bennett Wynne, Fisheries Coordinator
Brad E. Hammers, District 2 Fisheries Biologist
Bobby Maddrey, District 2 Wildlife Biologist
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF April 1, 1996 VVV///
Regulatory Branch
Action ID No. 199404416 and Nationwide Permits No. 14 and 26
1UU
Southeastern Enterprises, Inc.
ATTN: Mr. Matthew T. Murphy
1508 Southeast Harbor Drive
Wilmington, North Carolina 28409
Dear Mr. Murphy:
Reference your application of October 13, 1995, for Department of the
Army (DA) authorization to discharge fill material into 1.27 acres of
jurisdictional wetlands, located above the headwaters of Telfair Creek, south
of The Cape subdivision, and west of Telfair Forest subdivision, near Carolina
Beach, New Hanover County, North Carolina. The purpose of the proposed work
is to create a road crossing through wetlands that will provide access to your
high ground property.
Processing of your nationwide permit verification has been suspended for
several months pending an investigation of a historic property, in the permit
area, which was believed to be associated with the adjacent Sedgeley Abbey
historic site. I appreciate your patient cooperation in providing the
information which was necessary to complete your nationwide permit
verification.
Based on the archaeological research and report completed on your behalf
by Coastal Carolina Research, Inc. and our consultation with archaeologists on
the staffs of the U.S. Army Corps of Engineers and the North Carolina State
Historic Preservation Office (SHPO) I have determined that the Sedgeley Abbey
Causeway (site no. 31NH701**) appears to be eligible for inclusion in the
National Register of Historic Places (NRHP), pursuant to 36 CFR Part 63. The
site appears to be eligible for the NRHP under Criterion A: associated with
events that have made a significant contribution to the broad patterns of our
history; and Criterion D: has yielded, or may be likely to yield, information
important in prehistory or history, for its place in the settlement and growth
of the lower Cape Fear region.
You have informed us that your work plans call for the excavation of the
causeway and removal of the material to a high-ground disposal site, followed
by construction of a modern road on the alignment of the causeway.
In accordance with the rules and regulations contained in 33 CFR Part 25,
Appendix C, 15, (c), (1) it is my determination that the information gained
during the study of the site provided the necessary documentation for a
finding of no adverse effect on the NRHP eligible property. Furthermore it is
my determination that site 31NH701** is unlikely to yield additional
information important to the understanding of the causeway itself. The SHPO
has stated its concurrence with this determination in a letter dated March 6,
1996.
/I
The documentation contained in this permit action file demonstrates the
Corps of Engineers compliance with the requirements of 33 CFR Part 325; and
satisfies Nationwide Permit General Condition No. 12.
Nationwide Permits are contained in, Title 33, Code of Federal
Regulations (CFR), Part 330.6, published in the Federal Register on November
22, 1991. Authorization, pursuant to Section 10 of the Rivers and Harbors Act
of 1899 and Section 404 of the Clean Water Act, was provided by Nationwide
Permit No. 14 for fills for roads crossing waters of the United States
(including wetlands and other special aquatic sites). 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, located in North Carolina's coastal area, is authorized by
these two nationwide permits provided it is accomplished in strict accordance
with the enclosed conditions and any required State authorization. A
consistency determination is required from the North Carolina Division of
Coastal Management (NCDCM). Contact Mr. Steve Benton, telephone (919) 733-
2293 for this consistency determination. A Section 401 water quality
certification is required from the North Carolina Division of Environmental
Management. Contact Mr. John Dorney, telephone [phone] for this
certification. 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 nationwide permits are
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 me by writing the above
address, or telephoning [phone].
Sincerely,
Matthew Flint
Regulatory Specialist,
Wilmington Regulatory Field Office
Enclosure
Copies Furnished (without enclosure) :
Mr. David Brook
North Carolina Department
of Cultural Resources
109 East Jones Street
Raleigh, North Carolina 27601-2807
Mr. Mark Wilde-Ramsing
North Carolina Department
of Cultural resources
Underwater Archaeology Unit
Post Office Box 68
Kure Beach, North Carolina 28448
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
v Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Bob Stroud
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, North Carolina 28409
-- Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
November 28, 1995
Southeastern Enterprises, Inc.
1508 Southeast Harbor Drive
Wilmington, NC 28409
A&4
?EHNFi
RE: Nationwide Permit Application, 1.27 Acres Of Fill
West of Hwy 421, Adj. To The Cape, New Hanover County
Dear Sirs:
The North Carolina Division of Coastal Management has reviewed the above-referenced application for a
Nationwide Permit dated October 13, 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
Nationwide 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 (910)
395-3900 if you have any questions or need further assistance.
Sincerely,
C, 6_U(9?_4tll -
C. Robert Stroud, Jr.
District Manager
cc: - Preston P. Pate, Jr., DCM
Steve Benton, Consistency Coordinator
Matt Flint, Wilmington District COE
John Dorney, .DEM/Raleigh
x G
?tS
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer
- ? f 41®k.
® 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
Division of Environmental Management, DEHNR
2
FROM: William Wescott, Coastal Habitat Coordinator
Habitat Conservation Program
DATE: November 15, 1995
SUBJECT: Nationwide 401 Permit Application for Southeastern Enterprises, INC., 1508
Southeast Harbor Drive, Wilmington, New Hanover County, North Carolina.
(Project # 951104)
Staff biologists with the Wildlife Resources Commission have reviewed the project and
associated impacts on wildlife and fishery resources in the area. An onsite investigation was
conducted on November 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.) and
Section 401 of the Clean Water Act (as amended) and North Carolina General Statutes (G. S.
113-131 et seq.).
The applicant is proposing to fill 3 sections of `404' wetlands to construct a roadway to
access high ground for a proposed subdivision. The project appears to be an extension of the
Telfair Forest Subdivision. The road alignment has partially followed an existing narrow road bed
and the applicant has attempted to minimize other wetland impacts by crossing wetland areas at
their narrowest point. Although total project acreage was not included in the permit application,
25 acres within the project area consists of'404' wetlands or other waters of the U. S. The
immediate impacts to wetlands from the road construction total 1.27 acres. One of the proposed
fill areas appears to be the headwaters of Telfair Creek, or a small tributary to Telfair Creek, a
tributary of the Cape Fear River. The wetlands on the project site provide valuable wildlife
habitat and serve as travel corridors for numerous species of amphibians, reptiles, birds, and
mammals. These wetlands also protect water quality in the Cape Fear River by filtering pollutants
and buffering storm water runoff
The project as proposed would immediately destroy 1.27 acres of wetlands and another 23
acres of `404' wetlands will be threatened by future development. We have determined that this
project is inconsistent with our Policies and Guidelines for Conservation of Wetlands and Aquatic
.. •
Southeastern Enterprises, INC. 2 November 15, 1995
Habitats. 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. However, we would not recommend that a 401 Water Certification be denied if deed
restrictions prohibiting perspective property owners or the applicant from impacting wetlands is
required for all lots containing wetlands.
We also recommend for wetland crossing "C" that the stream be bridged rather than
culverted and filled, thereby reducing the immediate impacts to wetlands and aquatic fauna on the
project site. Also, we recommend that applicant take all necessary precautions to avoid siltation
and filling of additional wetland areas along the narrow roadway in area "C".
Thank you for the opportunity to comment on this project. If you have any concerns
about our comments, please contact Brad E. Hammers at (919)-939-1167.
cc: Bennett Wynne, Fisheries Coordinator
Brad E. Hammers, District 2 Fisheries Biologist
Bobby Maddrey, District 2 Wildlife Biologist
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
November 28, 1995
Southeastern Enterprises, Inc.
1508 Southeast Harbor Drive
Wilmington, NC 28409
?EHNR
RE: Nationwide Permit Application, 1.27 Acres Of Fill
West of Hwy 421, Adj. To The Cape, New Hanover County
Dear Sirs:
The North Carolina Division of Coastal Management has reviewed the above-referenced application for a
Nationwide Permit dated October 13, 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
Nationwide 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 (910)
395-3900 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
Matt Flint, Wilmington District COE
John Dorney, .DEM/Raleigh
ff?,
chi,
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer