19951124 Ver 1_COMPLETE FILE_19951031

State of North Carolina
Department of Environment,
Health and Natural Resources MI.WA 0.
Division of Environmental Management
James B. Hunt, Jr., Governor
1:3 F
Jonathan B. Howes, , Secretary C
A. Preston Howard, Jr., P.E., Director
November 6, 1995
New Hanover County
DENT Project # 951124
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Ken Gerbert
1919 Inverness Lane
Wilmington, N.C. 28405
Dear Mr. Gerbert: FILE At") y
You have our approval to place fill material in 0.014 acres of wetlands or waters for the purpose
of constructing a road at Landfall Subdivision, North of Aboretum Drive, as you described in your
application dated 17 October 1995. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 2732. This certification allows you to use
Nationwide Permit Number 14 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. Deed
restrictions shall be placed on remaining jurisdictional wetlands shown on the Wentworth Townhouses
plan to prevent any 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 thi, 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.
Sincerel Wston Howard, Jr r . .
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr., John Domey
Central Files
Charlie Hollis 951124.1tr
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
CHARLIE HOLLIS
Regulatory Consultant ?C7
138 Green Forest Dr.
Wilmington, NC 28409 40'
Phone Phone/FAX [phone] ?\ 1 ?to*3
V
February 24, 1998 ??
Project: Mr. Ken Gebert; Landfall Subdivision
New Hanover County; DWQ# 951124
r_
Mr. John Domey
N.C. Division of Water Quality fa '
4401 Reedy Creek Road FEB 2 6
Raleigh, NC 27607
6YETl.MID'
Dear John, WATER QU: ?Ll ? ?r?r€r? .
Please reference your letter of January 20, 1998 regarding the above project and your concern that a
violation had occurred at this site. Please be advised that no activity has taken place in jurisdictional wetlands on this
project.
By way of background, this area was extensively ditched and disturbed in the early 1990's and the wetlands
that remained in early 1993 were mapped and approved by the Corps of Engineers. When Mr. Gebert acquired the
property in 1995 and engaged my services, it was apparent that most, if not all of this area no longer contained
jurisdictional wetlands. In order to determine development feasibility, however, Mr. Gebert used the 1993 wetland
map to request a approval under NWP-14 to construct a simple road crossing. This approval was granted by the
Corps and your office in November 1995.
As the planning for this project proceeded, it became obvious that whatever wetlands had existed were no
longer present and the Corps of Engineers was requested to reconsider their 1993 delineation. At an onsite meeting
on January 9, 1997, Mr. Mike Taylor of the Wilmington District Regulatory Branch confirmed that no jurisdictional
wetlands were present within Mr. Gebert's project limits. A confirming letter was written by Mr. Gary Mitchell who
met with Mr. Taylor on February 6, 1997 and forwarded to the Corps and to W. Gebert. Based on that Corps
determination, the project was revised and expanded into those areas previously mapped as wetlands and thereby
appeared to your staff as a violation.
We regret that you were not advised of the change in the wetland status of this site, and regret the
inconvenience and confusion this may have caused for you and your staff. Please contact me if you have any
questions.
Sincerely,
Charlie Hollis
Cy: Ken Gebert
Mike Taylor
Gary Mitchell
DIVISION- OF WATER QUALITY
WATER QUALITY SECTION
401 COMPLIANCE MONITORING
FORM
54--e?er? 414 ,s GQ 1?W /? _
DWQ Investigator: J DWQ #
Date Time: 111'3d Regional Office: tlt%'WO _
County:
Project Name: e 6,e,11- tlz q 1 4"-ov taws Lto ?cS?1 C ??
Permittee: !ir ?e ke r f
Location of Project: Sir Ae?D?
Type of Development Authorized: 90' a 'Cr?Yaf si v< l`
Type of Permit / Water Quality Certification: Gt/ /
Type of Impact:
/ l eO? SS9
lam"
Wetland Type and DWQ Rating Ll/ /
Nearest Stream: 1 ?0 Vi .Z w
Basin/Sub.:
Distance of Wetland Impact from Nearest Surface Water: 6l;k- 10O7-'
Specific 401 Conditions:
Is.project in compliance with all conditions:,' Y / N
-
Comments / Description: ti ?vI oY i 2 c? (??O
a InW IVS ?OeP,4 ?-,.We J r?-P Gy? CLl
Is there a violation of the 401 Certification authorization ? /
If so complete the enforcement section on the back of this form and forward copy to
the Central / Regional Office.
Si nature:/?
g Date:
DWQ 12/96
0 f W F eq?
Sau
ENFORCEMENT
I. Is there a previous history of 404 / 401 activity on the property? lG S i L ???1
If so, give any details:
Nature of Violation (fill, excavation, etc.): X CPSS ?i
Acres: 1,77
Wetland Rating (if possible):
Significant uses impacted:
__ "y? e v ?aUu Ei I
Were downstream uses impacted?
Could- the impacts have been avoided or significantly minimized? JeS
Could the activity have been authorized? /Q f z4e w yQ ro ?v
Is restoration or mitigation appropriate for the unavoidable impacts? /? i l ?' g 5'oh
Staff Recommendat ions for Future Action:
i?'?Ie ;?:z evcJh?iofo 14 o QXcess f'? ?l , doss, 77;;
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
January 20, 1998
DWQ# 951124
New Hanover County
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Ken Gebert
1919 Inverness Lane
Wilmington, N.C. 28405
SUBJECT: NOTICE OF VIOLATION
Landfall Subdivision-North of Aboretum Drive
Dear Mr. Gebert:
On November 6, 1995 you were issued General Water Quality Certification #2732 authorizing you to place
fill material in 0.014 acres of wetlands for constructing a road crossing in the Landfall subdivision, North of Aboretum
Drive. The conditions contained in this Water Quality Certification required you to place remaining wetlands indicated
on the Wentworth Townhouses plat under deed restrictions to prevent future impacts.
On January 14, 1998 Mr. Pete Colwell from the North Carolina Division of Water Quality's (NCDWQ)
Central Office and Mrs. Joanne Steenhuis from NCDWQ's Wilmington Regional Office conducted a compliance
evaluation inspection at the aforementioned site. As a result of this inspection it has been determined that in addition to
the authorized 0.014 acres you have placed fill in the remaining -1.6 acre wetland area. This additional 1.6 acre
unauthorized fill is a violation of the Federal Clean Water Act.
You are hereby requested to CEASE AND DESIST any further activities in wetlands. These unauthorized
impacts may result in an enforcement action being pursued against you by one or more of the following agencies:
NCDWQ, U.S. Army Corps of Engineers, EPA. In addition, if wetland impacts on this site have exceeded one (1) acre
in impact you may be required to remove this unauthorized fill, conduct wetland mitigation, or make payment into the
Wetland Restoration Program.
Please respond to this letter within 14 days upon your receipt. Your response should include why these
unauthorized impacts occurred and what measures you plan to implement to rectify this matter. If you should have any
questions regarding this matter please feel free to call Mr. Pete Colwell or myself at [phone], or Mrs. Joanne
Steenhuis at [phone].
Sin C__?
John ey
Wat Quality Certification Pro am
Cc: Jonne Steenhuis, NCDWQ, Wilmington Regional Office
Mike Taylor, USACOW, Wilmington Feld Office
Cathy Matthews, USEPA
Charlie Hollis
Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action. Employer 50% recycled/10% post consumer paper
1OP; --•--$..
DEM ID: 95 11 Qq
Nationwide Permit Requested (Provide Nationwide Permit #):
ACTION ID: AA
14
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 WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMEP-7
P.O. Box 1890 AND NATURAL RESOURCES! 5
Wilmington, NC 28402-1890 P.O. Box 29535
i r
ATTN: CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY ' OCT z 0 1995
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CO
?RS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMEN`' -.?
PLEASE PRINT.
1. Owners Name: __ KEN GEBERT. 1919 Inverness Lane:
2. Owners Address: Wilmington NC 28404
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
Specific Location (Include road numbers, landmarks, etc.): Landfalli uh ivi ion; North of
Aboretum Drive
6. Name of Closest Stream/River: Hose Creek
7. River Basin:
AIWW
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS-II? YES k? NO ( )
9. Have any Section 404 permits been previously requested for use on this property? YES (Xk NO [ ]
Ifyes,explain. Other various permits within Landfall (no other for this project)
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 1.7 Ac
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0.014 Ac (600 SaFt)
Drained:
Flooded:
Excavated:
Total Impacted: oxi4 Ac (600 SaFt)
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Construct street across
small area of wetland (600 S Ft)
13. Purpose of proposed work:__ Complete circular drive within Project
14. State reasons. why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Alignment of street has been designed to avoid all but
the re uested 600 S Ft area
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMPS) 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 [Xx] 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 kXJ 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? RP 'r?Pnt . a1
F. If applicable, what is proposed method of sewage disposal?
rHART.TV. "M
AGENT. SOlXs Signature
Date
g
x
F
O

1
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BAR SCALE
to ao o w 120' wo'

PREDISCHARGE NOTIFICATION NWP-14
WENTWORTH TOWNHOUSES AT LANDFALL
KEN GEBERT
1916 Inverness Lane
Wilmington NC 28405
October 17, 1995
LOCATION

/ I
/ I
1. _
" V
600 SgFt WETLAND i'
\ \ / TO BE FILLED