19931047 Ver 1_Complete File_19971013

State of North Carolina
Department of Environment, 'Av
Health and Natural Resources Ar&
Division of Environmental Management James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary E ?---' N
A. Preston Howard, Jr., P,E„ Director
May 3, 1994
CAPESIDE Developers, Inc.
1111 The Cape Blvd.
Wilmington, N.C. 28412
Dear Sirs:
Subject: Proposed fill in Wetlands or Waters
Residential fill, road crossings and pond creation
New Hanover County
DEM Project #931047, COE# 1993000925
We have reviewed your request for 401 Water Quality Certification to
place fill material in 2.97 acres of wetlands or waters which are tributary to
Cape Fear River for lot fill, road crossing and pond creation located at The
Cape subdivision in New Hanover County as described in your submittal dated 16
December 1993. Based on this review, we have determined that the proposed
fill is covered by General Water Quality Certification No. 2671. A copy of
the General Certification is attached. This Certification is necessary for
coverage under Corps of Engineers' Nationwide Permit No. 26. Wetlands (about
0.4 acres) south of the road and adjacent to the proposed pond shall be
retained as a water quality filter. The ditch through this area shall be
partially blocked to ensure that the wetlands can filter the local runoff.
This action completes DEM's review under Section 401 of the Clean Water Act.
If this Certification is unacceptable to you, you have the right to an
adjudicatory hearing upon written request within thirty (30) days following
receipt of this Certification. This request must be in the form of a written
petition conforming to Chapter 150B of the North Carolina General Statutes and
filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N.C. 27611-7447. Unless such demands are made, this Certification shall be
final and binding.
If you have any questions, please contact John Dorney at 919-733-1786.
Sincerely,
reston Howard, J P.E.
93104"l.ltr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
Charlis Hollis
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
NORTH CAROLINA - DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
93104
In accordance with 15A NCAC 2H .O5OO,L l'e s t (?( ?eAOI M . DWQ Project # 97044W, is authorized to impact
the surface waters of the State of North Carolina as indicated below for the purpose(s) of ct&k9(d o?/?^?!('All
activi ties associated with these authorized impacts must be conducted in accordance with the conditions listed in the attached
certification transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
AUTHORIZED IMPACTS:
l acres of Class WL wetlands
acres of riparian wetlands
-2 acres of non-riparian wetlands
F=-F a.

acres of Class SWL wetlands
linear feet of stream channel
(other)
l
LOCATION:
COUNTY:
BASIN/SUBBASIN:
COMPENSATORY MITIGATION REQUIREMENT PP, 0aLA1\)D
l L Ct rz/ (i nod p
STOR?}To10 P6Z?ff112"
As required by 15A NCAC 2H.0506, and the conditions of this certification, you are required to compensate for the above
impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to
conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Wetland Restoration Programs must
be rounded to one-quarter acre increments according to 15A 2R .0503(b)
acres of Class WL wetlands
acres of riparian wetlands
acres of non-riparian wetlands
acres of Class SWL wetlands
linear feet of stream channel
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee
to the Wetlands Restoration Fund per 15A NCAC 2R .0503. If you choose this option, please sign this form and mail it to the
Wetlands Restoration Fund at the address listed below. An invoice for the appropriate amount of payment will be sent to you
upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION
PROGRAM.
Signature
Date
WETLANDS RESTORATION PROGRAM
DIVISION OF WATER QUALITY
P.O. BOX 29535
RALEIGH, NC 27626-0535
[phone] ext. 358
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Duality
James S. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Joe Coughlin
Capeside Developers, Inc.
111 The Cape Blvd.
Wilmington, N.C. 28412
October 13, 1997
New Hanover County
DWQ # 931047
COE # 199401134
FILE COPY
SUBJECT: CORRECTIVE ACTION MEETING
Pinehurst Subdivision
Dear Mr. Coughlin:
On October 7, 1997 you and Mr. Mick Brekke met with Mr. Pete Colwell and myself from
DWQ's Central Office. The purpose of the meeting was to clear up confusion created from Mr. Colwell's
first compliance evaluation inspection, further document violations on site, and discuss corrective
measures.
As a result of this meeting, it was determined that approximately 0.4 acres of wetlands (which
were to be preserved) had been filled During the meeting several options for restoration of this area were
discussed. The first option was making payment into the Wetland Restoration Program (WRP). To this end
Mr. Ron Ferrell's phone number was provided to investigate this option further. The second (and preferred
by DWQ) option is that of onsite restoration of the impacted 0.4 acres. This could be accomplished by
removing the existing fill and restoring this wetland back to its original grade. If this option is chosen, it is
recommended that an environmental consultant be contacted to ensure that this restoration is carried out
correctly.
Please provide this office with information regarding what course of corrective action you will
take. If you should have any questions regarding this matter or the 401 process in general please feel free to
call at [phone].
Sincerely, _
Eric D. Fleek
Water Quality Certification Program
Cc: DWQ Wilmington Regional Office
USACOE Wilmington Regional Office
Charlie Hollis
Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equat Opportunity Affirmative Action EmOoyw 50% nwycWM0% poet consumer paps
A 4
Ago%
EDEHNR
DIVISION' OF WATER QUALITY
WATER QUALITY SECTION
401 COMPLIANCE MONITORING
FORM
DWQ Investigator: DWQ #
Date Time: 1m5- Regional Office: County: l?
Project Name: ( u? ?? q ? k Cale
Permittee:
Location of Project:
DO ??
Type of Development Authorized: ly?li 24 1, ( Op(f (CCk4
Type of Permit / Water Quality Certification:
Type of Impact:
Wetland Type and DWQ Rating: Pd C
Nearest Stream: T?-I f -q i ?7 (?, AL, Basin/Sub.:
Distance of Wetland Impact from Nearest Surface Water:
Specific 401 Conditions:

Is project in compliance with all conditions:' Y / N>
Comments / Description: N Y Qcx `:?o
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.
Signature: Date;
DWQ 12196
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DIVISION OF WATER QUALITY
WATER QUALITY SECTION
401 COMPLIANCE MONITORING
FORM
DWQ Investigator: l? LreeLgei't 6c) /u, e, (l DWQ # 731P,1-7
Date Time: Regional Office: Wl- & County: Pf61C' ?1gA1C1W'''
Project Name: e Cql?7G 4 X14e 1761
/
Permi ttee: a?P 4 ?
)??P y q de l ens
Location of Project: Lo kv
Type of Development Authorized: Je ?i ?(P?! ??? ?vl F Cotter.
Type of Permit / Water Quality Certification: Z6 / z? 7/
Type of Impact: /1 a?f?S i lot ti?lA i Lt'iare f
Wetland Type and DWQ Rating: GAG /
Nearest Stream: Fe 11 ?? ?5 CV k7 Basin/Sub.:
Distance of Wetland Impact from Nearest Surface Water:
Specific 401 Conditions: yyd Cr, ?qd .s/ o ?` U l?o?r?o er
Is project in compliance with all conditions:
Comments / Description: _
-Urea !d ex ? f,,
Y oq? i
0 rea I4 ? VVI
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Y / (fN)
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Is there a violation of the 401 Certification authorization ? K0 5
If so complete the enforcement section on the back of this form and forward copy to
the Central / Regional Office.
Signature: Date: /Z ?7
DWQ 12/96
ENFORCEMENT
1. Is there a previous history of 404 / 401 activity on the property? l 5
If so, give any details: _.,C ar e )O.e,,Ie l op es e4j
jA ei -I? bDY kl0eJj
Nature of Violation (fill, excavation, etc.): Fill
?tvuse, Uo?rs fv?/?,r??ir o? J
WGf I?j1 ctwg ?a ke ?N?,Sev°vP 47y qCl Acres: 0(
Wetland Rating (if possible): 10
Significant uses impacted: lil/a f'e r
Were downstream uses impacted? VVo
Could, the impacts have been avoided or significantly minimized?
f Ps
Could the activity have been authorized? JV°
Is restoration or mitigation appropriate for the unavoidable impacts? A,-" 4 aw
Staff Recom
for Future Action:
State of North Uaroiina
Department of Environment, MilrTA
0 or
Health and Natural Resources 4 Division of Water Quality James Hunt, Jr., Governor
Jonathan B. Howes. Secretary
A. Preston Howard. Jr., P.E., Director
August 7, 1997
New Hanover County
DWQ Project# 931047
COE# 199401134
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Joe Coughlin
Capeside Developers, Inc.
111 The Cape Blvd.
Wilmington, N.C. 28412
Subject: 2nd NOTICE OF VIOLATION
401 Water Quality Certification
Pinehurst Subdivision
Dear Mr. Coughlin:
On May 3, 1994 you were issued General Water Quality
Certification No. 2671 authorizing 2.97 acres of impacts to
wetland and waters needed to develop the Pinehurst Subdivision of
The Cape in New hanover County. This certification was issued for
the road crossings and pond excavation identified on the
"Conceptual Site Plan" submitted with your application. The
certification contained specific conditions that the wetlands
(0.4 acres) south of the road and adjacent to the proposed pond
shall be retained as a water quality filter and the ditch through
this area shall be partially blocked to ensure that the wetlands
can filter the local runoff.
On April 24, 1997 Mr. Jim Gregson from the Division's
Wilmington Regional Office and Mr. Pete Colwell from this office
conducted a compliance evaluation inspection of the
aforementioned project. As a result of the inspection it was
noted that roads and utilities had been installed and a number of
homes were either built or under construction. In addition it was
also noted that the pond had been moved, the wetland area along
the south side of the road had been filled for lots, and the
wetland which was to be preserved as a water quality filter now
has two houses built upon it.
As a result of this inspection, on May 6, 1997 a Notice of
violation was issued to you. This Notice of Violation warned you
that continuing unauthorized activities may result in civil
penalties or other legal actions against you.
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Cpportunfty Affirmative Ac'Jon Employer • 50% recycled/100/9 post consumer paper
Mr. Joe Coughlin
2nd Notice of Violation
Capeside Developers-Pinehurst Subdivision
In addition, you were requested to CEASE AND DESIST any further
unauthorized activities in waters or wetlands of the State and
you were also requested to respond to the Notice of Violation
within 10 days stating your intentions to resolve this matter. As
of this writing, this office has not received your response. You
are again requested to respond to this Notice of Violation within
10 days. Failure to respond may result in the formal withdrawl of
your 401 Water Quality Certification and may also result in the
EPA and/or the US Army Corps of Engineers pursuing an enforcement
action against you.
This office would also like to take this opportunity to
remind you that as of October 1, 1996, North Carolina
Administrative Code 15A NCAC 2H.0506 now requires compensatory
mitigation for wetland impacts greater than one acre in size.
Consequently, wetland impacts above the authorized 2.97 acres
would require compensatory mitigation. Additionally, you are
reminded that by copy of this letter the Division is again
requesting that the USACOE review this project and place any
pending applications for this project on administrative hold
until this violation is resolved.
Your cooperation in resolving this violation as quickly as
possible is appreciated. If you have any questions regarding this
action please contact Mr. Eric Fleek or myself at [phone].
qo cer??ely?,
n R. Dorney
er Quality rtification Program
cc: Central Files
DWQ Wilmington Regional Office
ftic Fleek 'DWQ Raleigh Central Office,4
USACOE Wilmington Regional Office
Jill Hickey, NC Attorney General's Office
Charlie Hollis, Wilmington
CHARLIE HOLLIS
REGULATORY CONSULTANT
138 Green Forest Drive
Wilmington, NC 28409
910/392-6833 or 799-008
April 28, 1994
Project: Capeside Developers, Inc.
DEM Project #931047
Mr. John R. Dorney
N.C. Division of Environmental Management
Wetlands and Technical Review Group
P.O. Box 29535
Raleigh NC 27626-0535
Dear Mr. Dorney:
u i
,.;? li,. ? Cc?cl n
Please reference your letter of April 19, 1994 to Capeside
Developers, Inc. regarding their request for the use of the 401 Water
Quality Certification for NWP-26 for filling and converting to a lake,
3.37 acres of jurisdictional wetlands at The CAPE subdivision in New
Hanover County. Your letter expressed concern from your office for the
loss of some of those wetlands located in the southwestern corner of the
Capeside tract. In response to your letter we wish to offer several
comments that, hopefully will speak to your concerns and i.nable the
Capeside project to move forward as planned.
The CAPE subdivision is an old project began about 20 years ago
with a view to developing homesi_tes around an 1.8-hole golf course. At
that time the golf course was built and the surrounding areas were
prepared for the homesites. Roads and utilities were installed, high
ground was graded as necessary and wet areas were made into lakes, or
were filled or drained. This Capeside site, located between Fairways 5
and 9 on the golf course, was no exception. Because it was wet, large
drainage ditches were constructed through the site and a roadway was
cleared and filled through the center of the tract. These ditches and
road are present today; and, except for the larger trees, the site has
been cleared and mowed in the past. A plan showing those ditches is
enclosed.
Early in the planning by Capesi.de Developers, it was rioted that the
drainage outlet from this tract had been installed under Lakeview Drive
at an elevation that held the ditch water at a high level and had caused
the tract to be only partially drained. The initial plan was to lower
the culvert, maintain the ditches leading to It and drain out the site.
Upon further consideration, a more attractive plan was chosen that would
leave the culvert in place and create a lake behind it which would
receive all of the drainage from the existing ditches. With this plan,
rather than drying out the site with improved drainage, a permit would
be sought to construct the lake and fill the remaining areas for
homesites and streets. The permit (PDN for NWP-26) was requested on
December 1.4, 1993.
Page 2
The agency review of this project has gone exceedingly slow.
Nearly 30 days after the application, the Corps called to say they had
not found all of the wetland flags in the field. The flags were
restored and re-examined by the Corps and an agreement voiced in late
February that the alignment was satisfactory. Subsequently the Corps
did not object to the PDN and their letter of approval was sent out on
April 8, 1994. Earlier, by letter of February 7, 1.994, DEM requested a
general site plan which was furnished on February 16th. For over four
months, no concerns were i_ndi.cated from any agency until your letter of
April 19th.
We have examined your letter and do not agree that significant
wetland uses would be removed by this project as proposed. The wetlands
that are present are marginally jurisdictional and are severely degraded
by past drainage and clearing and mowing. The existi.rig drainage would
by now have surely rendered nearly all of the area non-jurisdictional if
the ditch maintenance and the Lakeview Drive outfall modi.fi.catton had
been accomplished in early December 1993 as originally planned.
Instead, with the proposed plan, considerable water storage and aquatic
habitat will be created. The wetland uses listed in your letter will
best be assured by i.mplementi.ng the environmentally conscious plan we
have proposed rather than by leaving portions of this highly altered
area in its degraded "natural state".
This lengthy process has been costly for the owners, and we would
urge your early consideration of these comments which we hope will make
a difference in your position on this project.
Please contact me if further information would be helpful.
S'. erg y,
Charlie Hollis
Encl: Ditch Plan
Cy: Jim Gregson
Joe Coughlin
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NORTH - ;
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard. Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Joe Coughlin
Capeside Developers, Inc.
111 The Cape Blvd.
Wilmington, N.C. 28412
Ar4?EHNF1
August 7, 1997
New Hanover County
DWQ Project# 931047
COE# 199401134
Subject: 2nd NOTICE OF VIOLATION
401 Water Quality Certification
Pinehurst Subdivision
Dear Mr. Coughlin:
On May 3, 1994 you were issued General Water Quality
Certification No. 2671 authorizing 2.97 acres of impacts to
wetland and waters needed to develop the Pinehurst Subdivision of
The Cape in New hanover County. This certification was issued for
the road crossings and pond excavation identified on the
"Conceptual Site Plan" submitted with your application. The
certification contained specific conditions that the wetlands
(0.4 acres) south of the road and adjacent to the proposed pond
shall be retained as a water quality filter and the ditch through
this area shall be partially blocked to ensure that the wetlands
can filter the local runoff.
On April 24, 1997 Mr. Jim Gregson from the Division's
Wilmington Regional Office and Mr. Pete Colwell from this office
conducted a compliance evaluation inspection of the
aforementioned project. As a result of the inspection it was
noted that roads and utilities had been installed and a number of
homes were either built or under construction. In addition it was
also noted that the pond had been moved, the wetland area along
the south side of the road had been filled for lots, and the
wetland which was to be preserved as a water quality filter now
has two houses built upon it.
As a result of this inspection, on May 6, 1997 a Notice of
Violation was issued to you. This Notice of Violation warned you
that continuing unauthorized activities may result in civil
penalties or other legal actions against you.
Division of Water Quaiity • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer • 500% recycled/100/6 post consumer paper
Mr. Joe Coughlin
2nd Notice of Violation
Capeside Developers-Pinehurst Subdivision
In addition, you were requested to CEASE AND DESIST any further
unauthorized activities in waters or wetlands of the State and
you were also requested to respond to the Notice of Violation
within 10 days stating your intentions to resolve this matter. As
of this writing, this office has not received your response. You
are again requested to respond to this Notice of Violation within
10 days. Failure to respond may result in the formal withdrawl of
your 401 Water Quality Certification and may also result in the
EPA and/or the US Army Corps of Engineers pursuing an enforcement
action against you.
This office would also like to take this opportunity to
remind you that as of October 1, 1996, North Carolina
Administrative Code 15A NCAC 2H.0506 now requires compensatory
mitigation for wetland impacts greater than one acre in size.
Consequently, wetland impacts above the authorized 2.97 acres
would require compensatory mitigation. Additionally, you are
reminded that by copy of this letter the Division is again
requesting that the USACOE review this project and place any
pending applications for this project on administrative hold
until this violation is resolved.
Your cooperation in resolving this violation as quickly as
possible is appreciated. If you have any questions regarding this
action please contact Mr. Eric Fleek or myself at [phone].
y
Si cerely,
F : , Dot Z_t__i_f
alitication Program
W er Qu
cc: Central Files
DWQ Wilmington Regional Office
Eric Fleek DWQ Raleigh Central Office
USACOE Wilmington Regional Office
Jill Hickey, NC Attorney General's Office
Charlie Hollis, Wilmington
MEMO
TO: 7/1 e
fn e 4 vl^j 5"4
DATE:
SUBJECT:

From:
STAk 44
North Carolina Department of Environment,
Health, and Natural Resources gDo Printed on Recycled Paper
•?rY Wnn, vaaa??
Y? R.se.,rt
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Ja mes R Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
1:3 FE F=1
May 6, 1997
New Hanover County
DWQ Project # 931047
COE# 199401134
CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Mr. Joe Coughlin
Capeside Developers, Inc.
11 I 1 The Cape Blvd.
Wilmington, NC 28412
Re: Notice of Violation of the 401 Water Quality Certification for Pinehurst Subdivision
Dear Mr. Coughlin:
On May 3, 1994 you were issued General Water Quality Certification No. 2671
authorizing 2.97 acres of impacts to wetlands and waters needed to develop the Pinehurst
Subdivision of The Cape, New Hanover County. This certification was issued for the road
crossings and pond excavation identified on the "Conceptual Site Plan" submitted with your
application. The certification contained the specific conditions that the wetlands (0.4 acres) south
of the road and adjacent to the proposed pond shall he retained as a water quality filter and the
ditch through this area shall be partially blocked to ensure that the wetlands can filter the local
runoff.
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 Pete
Colwell from this office made a compliance inspection of the project site on April 24, 1997. They
found that the roads and utilities had been put in and a number homes were built or under
construction. They also found that the pond had been moved, the wetland area along the south
side of the road has been filled for lots, and the wetland area to he retained as water quality filter
now has two houses built on it.
The Division requests that you CEASE AND DESIST any further unauthorized activities
in waters or wetlands of the State. Continuation of the unauthorized activities may result in civil
penalties or other legal action against you. In order to resolve this matter you are requested to
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
-.
respond to this letter within 10 days as to your intentions and actions to resolve this matter and
ahate continuing violations. The Division also rcquests that you remove all unauthorized fill or
make a new application for the additional impacts. It should he notes] here that as of October 1
1996, North Carolina Administrative Code 15A NCAC 21-1.0506 now requires compensatory
mitigation for wetland impacts which total greater than one acre in size. Therefore, wetland
impacts above the authorized 2.97 acres would require compensatory mitigation. By copy of this
letter the Division is requesting that the USACOE also review this project and place any pending
applications for this project on administrative hold until this violation is resolved.
Your cooperation in resolving this violation as quickly as possible is appreciated. Should
you have questions about this action please contact Jim Gregson at the DWQ Wilinington
Regional Office [phone] or Pete Colwell or mysell' at [phone].
Sin ,rely,
Joh R. Dorney
Water Quality Certilication Program
cc: Central Files
Jim Gregson, DWQ Wilmington Regional Office
Pete Colwell, DWQ Raleigh Central Office
USACOE, Wilmington Field Office
Jill Hickey, NC Attorney General's Office
Charlie Hollis, Wilmington
Pinehurst.vio
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
Date: April 13, 1994
To: John Dorney
Planning Branch
From: James H. Gregson%e
Wilmington Regional Office
Through: Dave Adkin
Wilmington onalOffice
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Central Office Permit #931047
Capeside Developers Inc.
New Hanover County
F APR 1 8 1994
Please find the attached Wetland Rating Sheet for the Subject project requesting 3.37
acres of wetland disturbance within an existing subdivision. Although this wetland does not rate
as high as a larger pocosin of this type, it is recommended that at least some if not all of the
area adjacent to the proposed lake be preserved. We have no objection to the fill requests in the
0.76 and 0.44 acre areas.
6)11"? (C;,-
JHG:931047. Apr
cc: Wilmington Regional Office Files
Central Files

'L Wetland area acres Wetland width ?0L'
feet
s
Name of evaluator Date y-ice 9`/
•
.
•
•
Wetland type (select one) 0 Other
? Swamp forest ? Shoreline •
? Bottomland hardwood forest ? Brackish marsh
? Carolina bay O Freshwater marsh
U' Pocosin ? Bog/Fen •
? Pine savannah O Ephemeral wetland
? Wet flat •

The rating system cannot be applied to salt marshes. •
.
• • ........ • • • • • • • • . • • • • • •sum
1 • • • • • • • . • • • • • • • .. • • • • • • • . • • . • •
2 Water storage I - •
Bank/Shoreline stabilization _0.' x 4.00
Pollutant removal

Sensitive watershed:

Travel corrkior
x 1.50 =
Weiland score.
Special ecological attributes D •
Wildlife habitat .J x 1.50 = .
Aquatic life value
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x 0.25 ?:< ;:: •
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
April 8, 1994
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199401134 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters
Mr. Joe Coughlin
Capeside Developers, Inc.
1111 The Cape Building
Wilmington, North Carolina 28412
Dear Mr. Coughlin:
Reference your application of December 1, 1993, for Department of the
Army (DA) authorization to impact 3.37 acres of jurisdictional wetlands. The
work involves discharging fill material into 2.67 acres of wetland and
excavating 0.70 acres of wetland. The area to be impacted is located above
the headwaters of an unnamed tributary to the Cape Fear River on your property
in the Cape subdivision, Lakeview Drive off of Carolina Beach Road, Carolina
Beach, New Hanover County, North Carolina.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolated waters.
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, in the coastal area, a
consistency determination from the North Carolina Division of Coastal
Management (NCDCM). You should contact Mr. John Dorney, telephone (919) 733-
1786, 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 for two years from the date of this
letter unless the nationwide authorization is modified, reissued or revoked.
Also, this verification will remain valid for the two years if, during that
period, the nationwide permit authorization is reissued without modification
or the activity complies with any subsequent modification of the nationwide
permit authorization. If during the two years, the nationwide permit
authorization expires or is suspended or revoked, or is modified, such that
the activity would no longer comply with the terms and conditions of the
nationwide permit, activities which have commenced (i.e., are under
construction) or are under contract to commence in reliance upon the
nationwide permit will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration,
modification or revocation, unless discretionary authority has been exercised
on a case-by-case basis to modify, suspend, or revoke the authorization.

-2-
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
O. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. Charlie Hollis
138 Breen Forest Drive
Wilmington, North Carolina 28409
Mr. Steve Benton
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
*r' John Dorney
,Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. Robert C. Stroud
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
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
April 19, 1994
Capeside Developers, Inc.
1111 The Cape Blvd.
Wilmington, N.C. 28412
Project # 931047
Dear Sirs
DEHNR
The Division of Environmental Management, Water Quality Section has
reviewed your plans for wetland fill for 3.37 acres of wetlands at The CAPE
subdivision in New Hanover County for lot fill and lake creation. Based on
this review, we have identified significant uses which would be removed by
this project. These uses are water storage, pollutant removal and wildlife
habitat. Furthermore, insufficient evidence is present in our files to
conclude that your project must be built as planned in wetlands. Therefore,
we are moving toward denial of your 401 Certification. 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 fill of these wetlands. Specifically can you construct your
residential development without impacting the large 2.2 acre wetland? We have
no objection to the fill of the 0.76 and 0.44 acre parcels since they are
fragmented. Any documentation such as maps and narrative which you can supply
to address upland alternatives 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.
Si cerely,
John R. Dorn4 j
Wetlands and Technic '.l Review Group
931047.1tr
cc: Wilmington DEM Regional Office
John Parker., Division of Coastal Management
Wilmington Office Corps of Engineers
Central Files
Charlie Hollis
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 6096 recycled/ 10% post-consumer paper
Stl1iE ?';?
_J w
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor Division of Coastal Management Roger N. Schecter
Jonathan B. Howes, Secretary Director
March 31, 1994
Ik ,,
Capeside Developers, Inc.
1111 The Cape Boulevard ¢
Wilmington, NC 28412
RE: DEM ID# 931047, Nationwide Permit Application
Lakeview Drive, The Cape Subdivision, New Hanover County
Dear Capeside Developers:
The North Carolina Division of Coastal Management has reviewed the above-referenced application for a Nationwide
Permit dated December 14, 1993 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 [phone] if you
have any questions or need further assistance.
Sincerely,
C. Robert Stroud, Jr.
District Manager
CRS/tlh
cc: Preston P. Pate, Jr.,DCM
Steve Benton, Consistency Coordinator
Wilmington District Engineer; ATTN: CESAW-CO-E
John Dorney, DEM/Raleigh
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 * Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer
L? C?/ ? b i
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
Capeside Developers, Inc.
1111 The Cape Boulevard
Wilmington, N.C. 28412
Dear Sirs:
February 7, 1994
Re: Capeside Developers, Inc.
New Hanover County
DEM #931047
Amw)i
[D F= P1
The Division of Environmental Management has reviewed your
submittal for a 401 Certification for fill of 3.37 acres of wetlands
for residential development,New Hanover County. Your application was
not complete since a general site plan was not included. Therefore we
are not able to determine whether these wetlands must be filled.
Please provide information regarding the location of your residential
lots and roads. This information is needed by DEM in order for us to
decide whether this modification is practicable.
I can be reached at 733-1786 if you have any questions. Until
this information is received, I will request (by copy of this letter)
that the Corps of Engineers place this project on hold.
931047 on
Sincerel ,
Jo n R. Dorney
cc: Wilmington DEM Regional Office
Wilmington District of COE
Wilmington Field Office COE
Central Files
Charlie Hollis
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affin7,ative Action Employer 50% recycled/ 10% post-consumer paper
C?,5 lo V DEM ID: _ ACTION ID;
Nationwide Permit Requested (Provide Nationwide Permit #): Z 11 Ynil 6"
JOINT FORM FOR
Nationwide permits that require notification to the Cor s o-`'
Nationwide permits that require application for Section ca ion
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535
ATM: CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] ATM: 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: CAPES I DE DEVELOPERS, INC.
2. Owners Address: _ I I I I The Cape Blvd. ; Wi.lminQton NC 2841
3. Owners Phone Number (Home);
(Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
CHARLIE HOLLIS
138 GREEN FOREST DRIVE
W MIN TON N 28409 PHONE* 910-392-6833
5. Location of work (MUST ATTACH MAP). County: NEW HANOVER
Nearest Town or City: CAROLINA BEACH. N.C.
Specific Location (Include road numbers, landmarks, etc.): The CAPE Subdivision
Lakeview Drive
6. Name of Closest Stream/Piver: Cape Fear R.i ver
7. River Basin: Cane 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 [x]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
50 Acres
Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 2.67
Drained:
Flooded:
Excavated:
Total Impacted:- -A 't7 zcras
,? z.91

12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
(1) Construct water control structure in existing drainage ditch
upstream of Lakeview Drive, then excavate approx. 0.7-acre lake/water
retention area to a depth of approximately 3.01. (2) Fill remaining
2.67 acres of previously cleared and disturbed wetlands to a depth of
about 1.0'. NOTE: All wetlands on this site were cleared in the past
and have been maintained as mowed areas.
13. Purpose of proposed work:
Residential 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.
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 specie or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [1/I NO [ ]
RESPONSES FROM THE USFWS AND/OR NWS 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 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? /CAS/PMtT/N-i-
F. If applicable, what is proposed method of sewage disposal? C&14 M ?Tr
C11AUr.Tr•.
AGENTS OAMk Signature Date
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CONTROL STRUCTURE DRIVE
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EXISTING DITCH
PROPOSED LAKE
(No Scale)
CAPESIDE DEVELOPERS, INC.
1111 THE CAPE BLVD.
WILMINGTON NC 28412
PREDISCHARGE NOTIFICATION
NATIONWIDE PERMIT NO.26
DECEMBER 1993
SHEET 2 of 2
VICINITY MAP
NOT TO SCALE
I
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
November 12, 1993
IN REPLY REFER TO
Regulatory Branch
Action ID No. 1993000925, Nationwide Permit No. 26
Capeside Village
Capeside Developers
c/o Joseph S. Hill, Jr. and Associates
1602 Harbor Drive
Wilmington, North Carolina 28401
Dear Sirs:
YSIT C
Reference our letter of January 25, 1993, concerning the proposed
Capeside Village development, on a tributary of Telfairs Creek, off of U.S.
421 near Carolina Beach in New Hanover County, North Carolina, and the need to
obtain authorization, pursuant to Section 404 of the Clean Water Act, from
this office prior to the placement of fill material in wetlands subject to our
regulatory jurisdiction.
Mr. Jeff Richter of my staff has recently conducted an onsite inspection
of the development and determined that approximately 5,000 square feet of
jurisdictional wetlands, located in the headwaters of the tributary, have been
ditched, drained and/or filled as a result of ongoing work.
Nationwide Permit No. 26 (33 CFR 330.5(a)(26)) authorizes the significant
adverse modification of up to ten acres of waters or wetlands through a
discharge of dredged and/or fill material if the waters or wetlands are above
the headwaters point of a stream or if they are isolated from any adjacent
waters or wetlands by high ground. Modifying up to one acre of jurisdictional
area does not require prior notification of this office.
As the modification of less than one acre through discharge of dredged
and/or fill material is authorized by Nationwide Permit No. 26, your work, as
observed by Mr. Richter, is presently authorized. Any additional modification
of jurisdictional waters or wetlands will require prior coordination with Mr.
Richter. To prevent an unintentional violation of Federal law, wetlands
should be identified, delineated, surveyed and indicated on development plans.
Although Mr. Richter may be contacted to identify wetlands, because of the
delay that his workload will inflict on a timely response, you may choose to
engage an environmental consultant. The efforts of the consultant, the
delineation of the wetlands, will be subject to Mr. Richter's verification.
We do not recommend, endorse or exclusively approve any consultant.
Any questions or comments regarding this matter may be addressed to
Mr. Richter, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
NOV 2 91993
Enclosure
-2-
Copy Furnished (without enclosure):
r. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535