19960309 Ver 1_COMPLETE FILE_19960328

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality

JamesB. Hunt,Jr., Governor
Jonath an B. I-b wes, Secreta ry
A. Preston I-bward, Jr., P.E., Director

_RA

DEHNR

July II, 1996
New Hanover County
DWQ Project # 960309

APPROV AL of 401 Water Quality Certification and ADDITIONAL CONDITIONS

United Dominion Realty Trust
10 South Sixth Street
Suite 203
Richmond, VA 23219-3802

Dear Sirs:

You have our approval to place fill material in 0.82 acres of wetlands or waters for the pUrpose of
constructing roads and buildings at Mill Creek Apartments, Phase 2, as you described in your application
dated 18 April 1996. After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification Number 2671. This certification allows you to use Nationwide Permit Number
26 when it is issued by the Corps of Engineers. .
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. For this
approval to be valid, you must follow the conditions listed in the attached certification. A deed restriction
shall be placed on the property 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 fmal and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786.

Attachment

cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Central Files
John Ryder; Century Von Oesen

960309.ltr

Division of Water Quality · Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer . 50% recycled/10% post consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality

JamesB. Hunt,Jr., Govemor
Jonathan B. f-bwes, Secretary
A. Preston f-bward, Jr., P.E.,Director

,RA

DEHNA.

July 11, 1996
New Hanover County
DWQ Project # 960309

APPROV AL of 401 Water Quality Certification and ADDITIONAL CONDITIONS

United Dominion Realty Trust
10 South Sixth Street
Suite 203
Richmond, VA 23219-3802

Dear Sirs:

You havc our approval to place fill material in 0.82 acres of wetlands or waters for the pUrpose of
constructing roads and buildings at Mill Creek Aparttnents, Phase 2, as you described in your application
dated 18 April 1996. After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification Number 2671. This ccrtification allows you to use Nationwide Permit Number
26 when it is issued by the Corps of Engineers. .
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. For this
approval to be valid, you must follow the conditions listed in the attached certification. A deed restriction
shall be placed on the property 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
Administrativc Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are fmal and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786.

Attachment

cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Central Files
John Ryder; Century Von Oesen

960309.ltr

Division of Water Quality . Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer . 50% recycled/1 0% post consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources

,AVA.

DEHNR

Ja mes B. Hunt, Jr., G ove mor
Jonathan B. Howes, Secretary
Steven J. Levitas, Deputy ~cretary

D A-1E: : 5/-:1 3)1 7

Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607 .
FAX:[phone]

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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, J r., P .E., Director

AVA

DEHNA.

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May 7, 1997
New Hanover County
DWQ Project # 960309
CaE #199603076

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APPROV AL of 401 Water Quality Certification and ADDITIONAL CONDITIONS

United Dominion Realty Trust
c/o .<:"phen PIe
10 S 6th Street
Suite 21
Richmond, VA 23219-3802

Dear Mr. PIe:

You have our approval, in accordance with the attached conditions and those listed below, to place filI
material in 0.82 acres of wetlands or waters for the plITpose of constructing roads and apartment buildings at Mill
Creek Aparunents, Phase 2, as you described in your application dated 28 April 1997. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Number 3108. This
certification allows you to use Nationwide Permit Number 26 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must
follow the conditions listed in the attached certification and any additional conditions listed below. A deed
restriction or conservation easement shall be added to the remaing wetlands to prevent future fill. In addition, you
should get any other federal, state or local permits before you go ahead with your project including (but not limited
to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations.
This approval wilI expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the
General Certification.
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 Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone John Dorney at 919-733-1786.

,
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Sincerely,

Attachment

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cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Central Files
John Ryder; Century/Von Oesen

Division of Water Quality . Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd.. Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer. 50% recycled/10% post consumer paper

960309.itr

(CJF~JN1rl(JfJR;.~\{/von Oesen

CONSULTING ENGINEERS

April 28, 1997

Mr. John Dorney
NCDEHNR - Division of Water Quality
Environmental Science Branch
4401 Reedy Creek Road
Raleigh, NC 27607

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Re: Renewed NWP-26 for
Mill Creek Apartments
Wilmington, NC
DWQ Project No. 960309

Dear Mr. Dorney:

On March 8, 1996, a NWP-26 was obtained from the USCOE to allow 0.82
acres of wetland impact on the above project. On July 11,1996,401 Water
Quality Certification was obtained for this project from Water Quality.

Due to the expiration of all USCOE NPWs in January 1997, it became
necessary to obtain a new NWP-26 f,Q.r this project on March 19, 1997. A copy of
the permit is attached.

According to our conversation with Greg Price, it is our understanding that
a new 401 certification is not necessary. We are sending you a copy of the new
NWP-26 for your files.

Please call if you have any questions.

Sincerely yours,

CENTURY/von Oesen

~P: Ryder, ASLA, PWS
Environmental Project Manager

Enc.

cc: Mr. Greg Duggan (UDRT)

dsb/4465.02

805 N, THIRD STREET I P,O. DRAWER 2087 I WilMINGTON, NORTH CAROLINA 28402 I 910-763-0141 FAX [phone]

u.s. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

RECEIVED
MAY 05 1991.

ENVIRONMENTAL SCIENCES

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Address

County }I-ew 10. 'vi (A..;-P'1

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Telephone No.
Size and Location of project (water body, road name/numb r, town, etc.)
~(Ofu\-t (ocC\~J. o-\~ V~v-V' Ave. 1<+. g 7 Q(..K5 10-\41) ?>-, S a.c~ <:> ~e.+)
M , !( C rt..e V. VtII....<.l,. +0 fV), ' I \ C \'"'e. e.. K A p\ '7 .

~1'll 0 V?
Description of Activity r, , 0 L.
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Applicable Law:
(check all that apply)

Section 404 (Clean Water Act, 33 D.S.C. 1344).
Section 10 (River and Harbor Act of 1899).

Authorization:

Nw '2..~

Regional General Permit Number.
Nationwide Permit Number.

Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished
in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone [phone]. For any
activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal
Management, telephone (9 I 9) 733-2293.

Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.

This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.

If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below.

Date I <t M(A,v(, \.It 9 '1

Corps Regulatory Official MR. MfC ~d S. ,o.v {O'("
I
Expiration Date of Verification I'~ be.e.. 98

SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COpy OF THIS FORM, IF REQUIRED OR AVAILABLE.

Telephone No. 610) 'Z5/- %'3 f

CESAW Form 591
Revised July 1995

GENERAL CONDITIONS

1. Navigation. No activity may cause more than a minimal adverse effect on navigation.

2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public
s~~~ .

3. Erosion and Siltation Controls. Appropriate erosion and siltation controls must be used and maintained in effective
operating condition during construction, and all exposed soil and other fills must be permanently stabilized at the earliest
practicable date.

4. Aquatic Life Movements. No activity may substantially disrupt the movement of those species of aquatic life indigenous
to the waterbody, including those species which normally migrate through the a~ea, unless the activity's primary purpose is to
impound water.

5. Equipment. Heavy equipment working in wetlands must be placed on mats or other measures must be taken to minimize
soil disturbance.

6. Regional and Case-by-case Conditions. The activity must comply with any regional conditions which may have been
added by the Division Engineer and any case specific conditions added by the Corps.

7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a
river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official
study status. Information on Wild and Scenic Rivers may be obtained from the National Park Service and the U.S. Forest
Service.

8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water
rights and treaty fishing and hunting rights.

9. Water Quality Certification. In certain states, an individual state water quality certification must be obtained or waived.

10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence
must be obtained or waived.

11. Endangered Species. No activity is authorized under any NWP which is likely to jeopardize the continued existence of
a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered
Species Act, or which is likely to destroy or adversely modify the critical habitat of such species. Non-Federal permittees shall
notify the District Engineer if any listed species or critical habitat might be affected or is in the vicinity of the project and shall
not begin work on the activity until notified by the District Engineer that the requirements of the Endangered Species Act have
been satisfied and that the activity is authorized. Information on the location of threatened and endangered species can be
obtained from the U.S. Fish and Wildlife Service and National Marine Fisheries Service.

12. Historic Properties. No activity which may affect Historic Properties listed, or eligible for listing, in the National Register
of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR 325, Appendix C. The
prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National
Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the
National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and
existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic
Places (see 33 CFR 330.4(g)).

13. Water Supply Intakes. No discharge of dredged or fill material may occur in the proximity of a public water supply intake
except where the discharge is repair of the public water supply intake structures or adjacent bank stabilization.

14. Shellfish Production. No discharge of dredged or fill material may occur in areas of concentrated shellfish production,
unless the discharge is directly related to a shellfish harvest activity authorized by nationwide permit.

15. Suitable Material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, car
bodies, etc.) and material discharged must be free from toxic pollutants in toxic amounts.

16. Mitigation. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the
maximum extent practicable at the project site (i.e., on-site), unless the District Engineer has approved a compensation
mitigation plan for the specific regulated activity.

17. Spawning Areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent
practicable.

18. Obstructions of High Flows. To the maximum extent practicable, discharges must not permanently restrict or impede
the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to
impound waters).

19. Adverse Impacts from Impoundments. If the discharge creates an impoundment of water, adverse impacts on the
aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum
extent practicable.

20. Waterfowl Breeding Areas. Discharges into breeding areas for migratory waterfowl must be avoided to the maximum
extent practicable.

21. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to
their preexisting elevation.

vQI/,t:;,u. IIUlIl.v'., \..:lVVt:'llVI
Jonathan B. f-bwes. Secretary
A. Preston f-bward,Jr., P.E.,Director

DEHNR

luly 11, 1996
New Hanover County
DWQ Projcct # 960309

APPROVAL of .tOI Water Quality Certification and ADDITIONAL CONDITIONS

United Dominion Re3lty Trust
10 South Sixth Street
Suite 203
Richmond, VA 23219-3802

Dear Sirs:

You have our approval to pbce fill materi31 in 0.82 acres of wetlands or waters for the purpose of
constructing roads and buildings at Mill Creek Apartments, Phase 2. as you described in your application
dated 18 April 1996, After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification Number 2671. This certification allows you to use Nationwide Pennit Number
26 when it is issued by the Corps of Engineers. ,
ll1is approv3.1 is only valid for the purpose and design that you described in your application. If you
ch3nge your project. you must notify us and you may be required to send us a new appli~tion. For this
approval to be valid. you must follow the conditions listed in the at~ched certification. A deed restriction
shall be placed on the property to prevent future wetland fill. In addition, you should get any other federal,
s~te or local penn its before you go ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an adjudi~tory h~ring.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which confonns to Chapter 150B of the North Carolina General S~tutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
arc final and binding unless you ask for a hearing.
ll1is letter completes the review of the Division of Water Quality under Scction 401 of the Clean Water
Act. If you have any questions, please telephone lohn Dorney at 919-733-1786.

At~chment

Sincerely,

~~~~~
, I .. )

cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. lohn Dorney
Central Files
lohn Ryder; Century Von Oesen

960309.ltr

Division of Water Quality . Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity AHirmative Action Employer . 50% recycled/10% post consumer paper

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OEvaOPABLE AREA EXHIBIT

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MEMORANDUM

PRINT NAMES:
ReViewer:~' ~;v
JOHN DORNEY WQ SUPV.: ~~
ENVIRONMENTAL SCIENCES BRANCH DATE:

TO:

SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS

***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***

PERMIT YR:
APPLICANT NAME:
PROJECT TYPE:
COE _" :
RCD FROM CDA:
- -
REG OFFICE:

96 PERMIT NO: 0000309
UNITED DOMINION REALTY TRUST
RESIDENTIAL DEVELOP.

COUNTY: NEW HANOVER

APP
WIRO

PERMIT TYPE: NW 26
DOT_" :
DATE_FRM_CDA: 04/23/96

RIVER_AND_SUB_BASIN_": t73 0 Co 17-
STREAM_CLASS: CS<..v

STR_INDEX_NO: /~ - 7 '-1- b 3 -~

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WL_IMPACT? : @N WL_TYPE: ft.-uF

WL_REQUESTED: o,t)... WI. ACR EST?: Y /(fj)

WL_SCORE(II): ~ WATER IMPACTED BY FILL?: Y/~

MITIGATION?: Y/~ MITIGATION TYPE: /V/4

MITIGATION SIZE:~/I~ DID YOU REQUEST MORE INFO?: YlN

IS WETLAND RATING SHEET ATTACHED?: C9/N

HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/N

RECOMMENDATION (Ci~cle one):~)ISSUE/COND DENY ~

COMMENTS: . ~IZlJ ~ ~ A/)~~ ~ vu0d /1 /?~,J(/ ~^-~v(

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Wetland type (select one)*

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o Bottomland hardwood forest 0 Pine savanna

5:('Headwater forest 0 Freshwater marsh

o Swamp forest 0 Estuarine fringe forest

[lfwet flat 0 Ephemeral wetland

o Pocosin 0 Carolina Bay

*The rating system can: :t be applied to salt or brackish marshes or stream channels
r;" / /",/",,;' I''' /",/""",/""",,/ / //" / /"" / /'" / / I''''' / / /"",'" / /" /"" //""" /' /" / /,/ /" /;' //" //"" , /" /" /"" /""""" /""""" / /" / /" / / /"",/""";?,, /""""" / /"" / // /" / / /;'""""""" '///' I
: IL>> /) weight '. ~

i ~ Water storage ~' x 4.00 -..J{ ~

~ A Bank/Shoreline stabilization D x 4.00 _ ~ I

i T Pollutant removal -L- * x 5.00 _ ~

~ n Wildlife habitat '3 x 2;00 - ~ I
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o Bog forest
Cl Bog! fen
o Seep
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')12 N. Salishury Street, Raleigh, North Carolina 27611, YIY-73)- 3 NI
Charles R. Fullwood, Executive Director

MEMORANDUM

TO: John Dorney
Division of Environmental Management

FROM: Bennet t Wynne /...-{J
Habitat conse~ation Program

DATE: May 21, 1996

SUBJECT: United Dominion Realty Trust (Mill Creek
Apartments, Phase 2) request for 401 Water Quality
Certification to fill wetlands, near intersection
of Kerr Avenue and Randall Parkway, Wilmington,
New Hanover County, North Carolina. DEM ID:
960309.

The Wildlife Resources Commission has reviewed the
subject request for Water Quality Certification. A site
visit was made on May 16, 1996. 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 the Clean Water Act of 1977 (as amended).

The applicant wishes to construct 9 apartment buildings
with access driveways and parking lots in a wooded area near
Burnt Mill Creek and a city park. The workplat indicates
most of the project has been sited to avoid wetlands.
Building 2, however, appears to require filling of 0.82 acre
of wooded wetlands providing habitat for raccoon, opossum,
and a variety of songbirds. These wetlands also appear to
be associated with Burnt Mill Creek and provide a water
quality protection function. To reduce the extent of
wetland impacts, we recommend that Building 2 be reduced in
size by approximately half.

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NCWRC, DEM ID:960309, 5-21-96

p.2

Thank you for the opportunity to comment on this
project. If you need to discuss these comments or need
additional assistance, please call me at [phone].

cc:

william Wescott, Coastal Hab. Con. Coordinator
S:\boatfish\habcon\coast\d2 (401udrt.doc)

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CE~IY'rlTJH:;'1r/VOll OeSell

CONSULTING ENGINEEF1S

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April 18, 1996

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Mr. John Dorney
Water Quality PlanILltg
DEM - NCDEHNR
P. O. Box 29535
Raleigh, NC 27626-0535

Re: Section 401 Water Quality Certification
Mill Creek Apartments, Phase 2
Wilmington, NC

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Dear Mr. Dorney:

On April 12, Hl ~6, our office contacted the Water Quality Planning Section
on behalf of our clien t, UDRT, to inquire about the status of Mill Creek
Apartments, Phase 2 We were told by Mr. Steve Kroger that the application had
not been submitted in adequate quantity to be considered a complete application.
This seven (7) copy submittal is made to you in an effort to correct this problem.

The original Nationwide Permit application form and wetland delineation
were supplied by Parks Downing of Soil Tech Engineering at the direction of
UDRT. As of this correspondence, you are requested to contact CENTURY/van
Oesen in all matters relating to the request for 401 Water Quality certification for
this project.

At the time of the original permit application submittal, contact had not
been made with the U.S. Fish and Wildlife Service to inquire about endangered
species, and the State Historic Preservation officer regarding the presence of
historic properties on the site. At the time of this correspondence, both agencies
were notified about this project by telephone.

The original submittal also contained a copy of an uncertified copy of the
wetlands delineation performed by Soil Tech Engineering and surveyed by Hobb~
Surveying Company. Ms. Marta K1esath, USCOE, has been on the site and has
verified the wetlands delineation. The attached copies reflect her efforts in this
regard.

805 N, THIRD STREET I PO DRAWER 2067 I WilMINGTON, NORTH CAROLINA 28402 I 91(J-763.0141 FAX 91~,7~.H!~'

.' 1"
I ./
I
/ DE..'v{ ID:

ACTION ill:
26

"-"

/

Nationwide Permit Requested (provide Nationwide Permit #):'

JOINT FaRly! FOR

Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification

WATER QU AlJ.TI PI..Al'~1'ffi'~G
DIVISION OF ENVIRONME.J.'ITAL tvL-\.i.'TAGE.y[E~"T
NC DEPARTMENT OF EN"V1RO~1v(ENT, HE.-\LTri,
AND NATURAL RESOURCES
P.O. Bo:t 29535
Raleigh, NC 27626-D535
ATrN: MR. JO HN' DO R. ~'EY
Telephone [phone]
ONE (1) COpy OF nus COMPLETED APPUCATION SHO'G'LD BE S~"T TO TrIE CORPS OF E."iG:C-~'E:::?.S.
SEVEN m COPIES SHOUl.D BE SENT TO THE N.C. DMSION OF ENVTRON1vlE:.'IT.-\.L ~L-\.i.'TAGE:Vt::::;.iT,
PLEASE PRINT.
1. Owners~:une: United Dominion Realty Trust

2. Owners Address: 10 South Sixth Street, Suite 203, Richmond, Virginia 23219-3802

3. Owners Phone Number (Home): (Work): [phone]

4. If Applicable: Agept's name or responsible corpOr:lte official. address. phone number:

WIL.'vlINGTON DISTfUCf ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF TIrE AR.'v1Y
P.O. Bo:,< 1890
W1lmi.ngmn.. NC 23402-1390
ATTN: CESAW-CO-E
Telephone [phone]

5. ~oC:ltion or work r..-ruST ATT.J...CH ~1A.P). County: New Hanover County
Ne:lIestTownorCicy: Wilmington, North Carolina
SS'ecilic Loc:Hion (Include ,oad numcers, landmarks, etc.): West of 388 Kerr A venue (SR 1175) and
adjacent to Randall Parkway

~. ~~e of C:ases~ S~~2.!:'"j~'/e:-:

Burnt Mill Creek

7. River 8a.s~~;

3, L; this ~re!e-:: lee:!.:::::: :L :l '''':J.r.:=rs;:e~ ::J.Ss~-::::::i J.S T:UL.:L SA. :-:Q\V, OK.;;,... \y'S L cr 'w'S IT:' -, , j

~:',~, . ,<'

9, Have :m:{ Sec:ion -!.OJ. iJe:7.lits b:~~ ?re'{'~ous:y r~queste-:!. fer!.:.S~ on ~..:..s ?ro~e:-:-j:

,~-
~ .:..)

:;0 ~\

U yes, e:cplain.

10. Estimated cocal number or" JC~ or" waters of the U.S., inc!UCi11g wdands. loc:lted on proje-:: site:
3,5 acres

~ ~ :-;ur:1oe, or" JC':':S ,of ',I{:1(:::-:; or" :i:e :_',5.. :r.c::':c::1g '....e~:l!'.~. :'::::;:Jc:e::::;y :.':c ?r::~csc-:: ;:r:JC:2:

F:.:.:cd:

0,82 acres

D~t:~:

~cec:::d:

0.02 acres

E:;,cav:ued:

Tot:1.l Impacted:

0.82 acres

,/

. 12.

Description of proposed work (.-\tDC!:J. PL\...'lS.8 1/2" X 11. drawings only):
apartment buildings with access drives and parking areas

Construction of nlne

13. Purpose of proposed work: To improve existing unuseable areas into a well designed
apartment complex incorporating wetland features.

14, State reasons why the applic:lIlt bdie'les that this activity must be c:mied out in wetlands. Also. note me~J.Su~:,;
t:l.ken to minimi7..e wetland impactS. The Dlanred ~loorent ~ld irrurove ex; stinq tr.useable vec-.etated arP.iJ~)

to a safe attracti'le apartnart carp 1 ex that is astteti call y p 1 €aSi ~. (See Be 1 Q,l/)

15. You are required to cootac: the C.S. Fish and Wildlife S~~ (USFWS) and/or Naricr..:li \far..r:eEsne::es S~;-r.c~
~lFS) reg:miing the preseoce or any Federally listed orpropo~d for listing endanger-ed or :b.re:J.tened s-;:ecies or c:-iC::C:l.l
habitat in the permit are:l that may be affected by the propo~d project Have you doce so? YES [] ~;O [X ]

RESPONSES FROM THE USFWS A.'ID/OR NMFS SHOULD BE FORWARDED TO CORPS,

16. You are required to con~c: the State Historic Preservation Offic::r (SHPO) re3:trc!ing the presence or rus:cr.c
properties in the permit ~ which may be affected by the proposed project? Have you done so? YES [] NO (X !
RESPONSE FROM THE SHPO SHOLJ"LD BE FORWA..ttDED TO CORPS.

17. Additional information required by DE..'v{:
A. Wetland deline:ltion map showing ail wetlands. stre:uns. and ~ on the prope:::r,
B. If available. re?resent:Uive photograph of wetlands to be impacted by project
C. If deline:uion was performed by a consultant. include all dat:1 sh~tS relevant to the placement of the
delineation line.

D. If a stormwater ITUIlageme:1t plan is required fer this project, iltt:lCtl copy.
E. \Vhatislanduseofsurroundingpropeny? Residential to the east and south, (See belry....)

F. If apPUQble. what is proI=cse::i :nemed of sewage dis~s.:li? City Vtilities available

c.....) -', ) ~ e-
, /
O'.lfr.:::,'s Signaru~
"::::'::::./~-~?4~ ,..,..~--~~-=:: '- ,.:-/-
\ . -
:./.?/~ or-:=- IV ,C - - <;.--

? '2-.-- ~;.

14. Silt protErti 00 ard eras i ()1 <mtro 1 IT'e3.SUreS i rd Ldi ~ a reta1t i ()1 ~ '..n 11 t€ a:nstru:ted to
prota:t t'i'e SlaTCl..I'di ~ area ard envi T'() lie It.

lIE. Canrerci a 1 ~ 1 q:naTt ard an i rd.1stri a 1 pari< to tte ....est am ra111.

. .._- .

cC]~NT1[JJRC~[/von Oesen

CONSULTING ENGINEERS

April 18, 1996

Mr. John Dorney
Water Quality PI ann 1 ,g
DEM - NCDEHNR
P. O. Box 29535
Raleigh, NC 27626-0[1(:5

rJo {,
I )
I f:) I
L1f

Ii

~231!R>

I ..~

R.e: Section 401 Wat,(lr Quality Certification
Mill Creek Apa:tments, Phase 2
Wilmington, NC

L,

..- ....:......., '"-~'''

Dear Mr. Dorney:

On April 12, 1~) ~6, our office contacted the Water Quality Planning Section
on behalf of our clien t, UDRT, to inquire about the status of Mill Creek
Apartments, Phase 2 We were told by Mr. Steve Kroger that the application had
not been submitted in adequate quantity to be considered a complete application.
This seven (7) copy submittal is made to you in an effort to COITect this problem.

The original N,~tionwide Permit application form and wetland delineation
were supplied by Pari- s Downing of Soil Tech Engineering at the direction of
'JDRT. As of this COT."t.spondence, you are requested to contact CENTURY/van
Oesen in all matters n';ating to the request for 401 Water Quality certification for
';his project.

At the time of the original permit application submittal, contact had not
been made with the U.S. Fish and Wildlife Service to inquire about endangered
species, and the State Historic Preservation officer regarding the presence of
historic properties or, the site. At the time of this correspondence, both agencies
were notified about f1 is project by telephone.

The original submittal also contained a copy of an uncertified copy of the
wetlands delineation J lerformed by Soil Tech Engineering and surveyed by Hobbs
Surveying Company. Ms. Marta Klesath, USCOE, has been on the site and has
verified the wetlands ;lelineation. The attached copies reflect her efforts in this
regard.

805 N, THIRD STREET I P,O, DRAWER 20B7 I WilMINGTON, NORTH CAROLINA 28402 I 910-763-0141 FAX [phone]B6

.

]@:N1rl[JJrrfl!von Oe s e n

/ CONSULTING ENGINEERS

Mr. John Dorney
Re: Section 401 Water Quality Certification
Mill Creek Apartments, Phase 2
Wilmington, NC
April 18, 1996
Page 2

Your timely response is greatly appreciated.

Sincerely yours,

CENTURY/v

jq Ryder, A.S.LA
Environmental Project Manager

Ene.

cc: Mr. Steve Pleseoe
Ms. Susan Zwicker

dsb/4465

Apt-

18-960l:44F'
. l'" !O'~O 1;>;;)0

'O'/'lU.. ,~~ "lltll

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.. PE., Director

Mr. Stephen Plescow
UDRT of ~Orth Carolina, LLC
10 South Sixth Street
Suite 203
Richmond, VA 23219-3802

Dear Mr. Plescow:

Re: Proposed land clearing of wetland\;
New Hanover County
DEM #960309

t"DRT CO:'\STRt'CTIO

P.Ol
~ 002 006

AVA,

DEHNR

Aprilll, 1996 A'fi-.{A.. .
J&~
~~

01128 March 1996 you wrote the Division of Environmental Management (DEM)
reaardin& your plan to fill wetlands for the purpose of constt'UCting an apamnent complex.
in New Hanover County. Your lener sought approval from OEM to fill in these wetlands.
The enclosed application needs to be completed and rerumed to us with 1 copies of the
applicarion, supporting maps including a site plan and documentation.

Please call me at 919-733-1786 if you have any questions.

cc:

Wilmington DEM Regional Office
Wilmington Corps of Engineers
Central FlieS

RECEl Vl~JJ
I~FR 1 [J 19%

CENTURY I\'na O!::S:::':

Sincerely,

~I~I'( :;
10 R. norney
W leT Quality Certifica on Program

960309.app

5

Environmental Sciancas Branch, 4401 Reedy Creek Rd.. FlalAigh. NC 27607 T.'ephon9 9'9-73..1-1786 FAX 1# 733-9959
An Equal Oppor1unlty Affirmativ9 Action Employer . 50% racydsdl1 0% post COnSumer paper

-- --

United Dominion
REALTY TRUST

lzECEl \rt', ( )

~..\ ~,\~ 2 fj '1'./

Mr. John Dorney
Water quality Planning
Division of Environmental Management
N.C. Department of Environment, Health and
Natural Resources
P.O. Box 29535
Raleigh, N.C. 27626-0535

CENTl;RY!vl):l : I

RE: NWP Permit
Mill Creek Apartments, Phase 2
Wilmington, N.C.

Dear Mr. Dorney,

Attached please find a copy of a letter from our environmental
consultant requesting a NWP permit for the above referenced
project. I am transmitting the executed permit request and a print
of the wetlands survey for this site.

We have recently met with the
Engineers to review the impacts
our delineation and proposed
attached permit.

Wilmington Office of the Corp of
of this project. The Corp reviewed
development plan and issued the

Please advise me of any further information you require in relation
to this permit request. We are available to meet with you in
Raleigh or at the project site at your convenience if necessary.

Sincerely,

~.--e---

Stephen T. Plescow, P.E.
Development Manger for
UDRT of North Carolina, L.L.C.

CC: Mr. Parks Downing
Ms. Marta Klesath
r'l s. Lis a S e it z
Mr. Richard Giannotti
Mr. John Ryder
(cr3deml)

: j 'I \, T' i __ I"!: i : I ..,

" 1. ",' ! I ~ i 'I .

7650 MARKET STREET
WILMINGTON. NORTH CAROLINA 28405

March 15, 1996

OFFICE: 910-686-9114
FAX: [phone]

Water Quality Planning
Division of Environmental Management
NC Department of Environment, Health
and Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535

Attention:

l'vIr, John Dorney

Reference:

NWP 26 Permit
Mill Creek Expansion
Wilmington, North Carolina
Job No. 565-94

Dear Mr, Dorney:

Attached is a nationwide permit request for the development of a 14,9 acre parcel located
in New Hanover County, North Carolina, The tract is located west of388 Kerr Avenue and
adjacent to Randall Parkway and the planned development would include the placement of
fill in the area,

Enclosed please find a copy of the wetland delineation survey which identifies 3.5 acres
of wetland on this tract Our plans would be to fill 0,82 acres as noted on the attached form.

Very truly yours,

PADjr;JP/ml
565a3-15
Attachment
cc: United Dominion Realty Trust

*R 2 5 /996

. , ~. ,
L../

CONSTRUCTION

DE.M ID: ACTION ill:
Nationwide Permit Requested (provide Nationwide Permit i):' 26

........

JOINT FORlYI FOR

Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification

WIL\tcrNGTON DISTRICf ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DrvrsION OF ENVIRONMEJ.'ITAL ~1A..L,{AGEMs'\rr
DEPARTMENT OF TIIE AR.\ttY NC DEPARTMENT OF ENVIRO~'1-lENT, HE.-\LTH,
P.O. Box 1890 AND NATURAL RESOURCES
WUmington. NC 23402-1890 P.O. Box 29535
ATrN: CESAW-CO-E Raleigh, NC 2i626-0535
Telephone [phone] ATrN: MR. JOHN DOR..~"EY
Telephone [phone]
ONE (1) COpy OF TIllS COMPLETED APPUCATION SHOULD BE serr TO rrlE CORPS OF E.'fGI}rEE~S.
SEVEN (7) COPIES SHOULD BE SE:.'IT TO THE N.C. DMSION OF ENVIRON1'fENT.-\L MA.I.'(AGE.v1E:.~T
PLEASE PRINT.
1. Owners ~ame: United Dominion Realty Trust
2. Owners Address: 10 South Sixth Street, Suite 203, Richmond, Virginia 23219-3802

3. Owners Phone Number (Home): (Work): [phone]

4. If Applicable: Age;1t's name or responsible corporate official, address, phone number:

5. ~oC:J.tion of work (MUST .AJL-\CH MAP). County: New Hanover County
Nearest Town or Clty: Wi 1 mi ngton, North Carol i na
Sgecific LOC:J.tion (Include road numbers, landmarks,etc.): West of 388 Kerr Avenue (SR1175) and
adjacent to Randall Parkway

,. :'-iar:::e or Coses: Sc:-e:lr.J:z:.';e:-:

Burnt Mill Creek

- River Basin:
3, L:;;his proj~: teclte::: il a waters::e::: :!assu:d as T:UUL SA. EQ\V, ORVY', l.,VS L cr ';;':S IT?

,--
~ '='.J

[] :'-iO 'x"
:;0 [X;

? Have my S~c::ion .t.GJ. pe:.wics be::::: ;:>reviousiy requeste-:i for use on this proper:y?

YES [ ]

[f yes, explain.

10, Estimated total number of JCres of waters of the U,S,. including wetlands. located on projec: site:
3.5 acres

.. ~umcer of aC":"::s or water:; or':he ~~',S,. inc:uding 'Ne:l:l.'1Cs. i::~ac:.e::: JY ~~e ?r::~<::se::: ~~Jcc::

Fllc::~:

0.82 acres

Dni.r:~d:

fleeced:
E.-C:Clvared:

0.02 acres

Tow Impacted:

0.82 acres

12. Description of proposed work (Atuc!:l PL-\.."l'S-8 1/2" X 11 ~ drawings oo1y):
apartment buildings with access drives and parking areas

Construction of nine

13. Purpose of proposed work: To improve existing unuseable areas into a well designed

apartment complex incorporating wetland features.

14. SUte reasons why the applkUlt believes that this activity must be carried out in wetlands. Also, note measures
taken to minimi7.e wetland impacts. The Dlanred W/elOCJ1aTt ~ld invrove existinq unuseab1e vecetated areas

to a safe attractive apart:naTt a:rrplex that is ast:tetically pleasirg. (See Bel~)

15. You are required to conuc: the U.S. Fish and Wildlife Servic:: (USf'iiVS) and/or National :\tfar..neFlsheries Se:-ric::
(N}tlFS) reg:miing the presence or any Fede:a1ly listed or proposed for listing endangered or~:lLened ~ecies or ~c.c:1l
habitat in the permit area that rm.y be affected by the proposed project. Have you done so? YES [] NO [X ]

RESPONSES FROM THE USFNS A..'ID/OR N1.-fFS SHOULD BE FORWARDED TO CORPS.

16. You are required to contact the SUte 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 [X ]
RESPONSE FROM THE SHPO SHOULD BE FORWA...WED 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 consulunt. include all data sheets relevant to the placement of the
delineation line.

D. If a stormwater management plan is required fer this proje::t, atUC~ copy.
E. Whatisl~d~ofsurroundingproperty? Residential to the east and south, (See below)

F. If applicable, what is proposed method of sewage diSpDS:1l? City utilities available

cY -'' / ~c

O'.vnc:"5Siin:ll:u~
_-:~.../':::_.::J?'1~ ~'.A--~~-::: '....... ;,,-

:-' ..?/1--~ CJ~ /\'/. c _ __- c.--

?.z......
,

CJ /
, -

14 . S i 1 t protecti Cll and eras i Cll cootro 1 rreasures i rc 1 00i rg a ret..ent i Cll ~ wi 11 Ce crostn.cted to
protect tte surra.nti rg area and envi r U 11131 L.

1/'E. Canrerci a 1 ~ 1 qJTEJTt and an i rdJstri a 1 pari< to tte vest and rrrth.

, .

u.s. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action rd. \<=19tj,O:C'lc.o

'~
County ~W

H2\;.'\c>J ev""

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATH)N L1 r'
L\.\:Xc '1 L.~ NL j t-'- '
Property own:r\-\({\f\j'LQ\i'(~Ytl.j/ L\:ns'k~ ( ~li~)ll.i c-/O ~':.?'(~,\ ~. ~\ t'rC:,';~_
Address 2..U\~ (-\<:':'tY'.c\~ l)n\(, ~ \(j j \.~:T"'_\. ')\ ) )l.\rc2.L:,~
~\, \'\\rf\\>\~'\;I) ~(~ 2\'<-\C' ") ~\\" -'111,,---'\'"'('\) \/A Z, 3?1:(-
Telepho o. (f(<-\ ') If.-~C: -2tS.CU ,~ GCL
Size and Location of project (water body, road name/number, town, etc.)
~\\\X:1"j ',",:> \(~:'~\ls-l C~ \<((\- PNc \'-\ .P;l (\('y"C) (Wt-\Id\'\ )UJ\;(.~
'0, c.J 1\(i<cJ v-.,; \'\- ) Vrc~/\j '\'v'\.'")\"t -\\ 'C, .Y--rr-''(\\--:C\tt'(:') \'-\\ \\ .
0_" I"c XI rl( ~+ t... \ k\ \ \\ C~ TCL ~\L\j., 1'~ 'I;. \t-') ry ,~,(i.(1, c\t.'y, K'\ t((il 7;" "1.('G.i..j
Description of Activity ~ \ \ 0 .f--:,2 ~{C'\ l~\ '~,,~, \(\..yr'~ \~, ('7VY~~ i ( ~_
~\):\v'~n\.\' i11 ~;::\'Y\01.1 X~J G~Y:l (\~Y\\Y)i..-<\-t\e~\ ~C\xl.s C'f'C\l'ir('{, (\v'C;\ ~yy","r
\'\le~ ~ tw'rt.lirpc\c t'~ ~ Y'\ 1 '1\N\\ 7 t'Cl

\,/ Section 404 (Clean Water Act, 33 U.S.c. 1344).
Section 10 (River and Harbor Act of 1899).

Applicable Law:
(check all that apply)

Authorization:

Regional General Permit Number.
/ (' , I ~ '" (""\.E~2 AC1<t:~
\, Nationwide Permit Number. N'N LlS) v

Your work is authorized by this Regional General (RGP) or~~ionwide Permit (NWP) provided it is accomplished
-, in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
'; -1.04 (if Section 404 block above is checked), before beginning work you must o.lsl) r~ceive J S.ectil'n .1(1: ~~~
~ quality certification from the N,C. Division of Environmental ~fanagement. telep~('\\Jr> (Q 1 Q) 711. [786. For J.r.>
l activity within the twenty coastal counties, before beginning work you must contact the3 l D;\I;~;(\n (If r:oast::d
Manageme~. telephone [phone],

Please read and carefully comply with the attached conditions of the RGP or :'-iWP, Any violation of the conditior.s
of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order. andio~
appropriate legal action,

This Department of the Army RGP or NWP verification poes not relieve the permittee of the responsibility to obtain
~lnY other required Federal. Stat,c._Q.r local o.e~vals/permits. The permittee may need to contact appropriate S(at~
and loe:.!1 agencies betore beginning work, ------,-

rr [he,:.: ,\i,~ ~lnv queq!I'n', r:.:,,:ld;nc: ''li, aIHhnr1T:ltlnn nr an:: (" rh~ condition, ')( thc G<:n~,a! P::rm:( ,Jr :'-.',1 (:on ',1.' '.
~':I',,1I(, ['JlC:\'C.:I1nt,IC: :h,: C"r:'S R.:';IILlt,'ry OtTiclal src::f:c~ J-,'~:"\~

-, (\ '
D:.!te -:l; - (:-'. - - ( ( (\'-\f\R 1/\ '3C t\,,':',<..\...(:)I\ 1\ \)

Corps Regulatory Official'\\'~~'l\(""\( Uo"\ 't\c.~ Y:,t~ \ Telephone No.cCi \().) 2'.JI ~\C\.: \ \

Expir:.!tion Date of Verification -S~\il 2- \ ) \C'~rl

SURVEY PLATS. FIELD SKETCH. WETLAND DELINEATION FOR~rS. PROJECT PLANS, ETC.. MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM. IF REQUIRED OR AVAILABLE.

;:;eSAW "0"'" 59'
Hftv'''.d JlJlV 1995

State of North Carolina
Derflrtlnent of Environment,
Health and Natural Resources
Division of Environmental Management

AVA

DEHNR

James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director

April 11, 1996

Mr. Stephen Plescow
UDRT of North Carolina, LLC
10 South Sixth Street
Suite 203
Richmond, V A 23219-3802

Dear Mr. Plescow:

Re: Proposed land clearing of wetlands
New Hanover County
DEM #960309

On 28 March 1996 you wrote the Division of Environmental Management (DEM)
regarding your plan to fill wetlands for the purpose of constructing an apartment complex
in New Hanover County. Your letter sought approval from DEM to fill in these wetlands.
The enclosed application needs to be completed and returned to us with 7 copies of the
application, supporting maps including a site plan and documentation.

Please call me at 919-733-1786 if you have any questions.

Sincerely,

Ltl!\~ i
Jo n R. D6fu'ey
W ter Quality Certifica on Program

cc:

Wilmington DEM Regional Office
Wilmington Corps of Engineers
Central Files

960309.app

Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer . 50% recycled/10% post consumer paper

United Dominion
REALTY TRUST

1\

RECEIVED

960309

MAR 2 8 1996

Mr. John Dorney
Water quality Planning
Division of Environmental Management
N.C. Department of Environment, Health and
Natural Resources
P.O. Box 29535
Raleigh, N.C. 27626-0535

ENV!HONMENTAL SCIENCES

........"'11

RE: NWP Permit
Mill Creek Apartments, Phase 2
Wilmington, N.C.

Dear Mr. Dorney,

Attached please find a copy of a letter from our environmental
consultant requesting a NWP permit for the above referenced
project. I am transmitting the executed permit request and a print
of the wetlands survey for this site.

We have recently met with the
Engineers to review the impacts
our delineation and proposed
attached permit.

Wilmington Office of the Corp of
of this project. The Corp reviewed
development plan and issued the

Please advise me of any further information you require in relation
to this permit request. We are available to meet with you in
Raleigh or at the project site at your convenience if necessary.

Sincerely,

C'~.--e---

Stephen T. Plescow, P.E.
Development Manger for
UDRT of North Carolina, L.L.C.

CC: Mr. Parks Downing
Ms. Marta Klesath
Ms. Lisa Seitz
Mr. Richard Giannotti
Mr. John Ryder
(cr3deml)

!,",(\\ III~I\II"'II~III ',I !II ','; I~I( II\I()',I\\II~"I',I\ ",'I"

',,\ I, '(,'I I 1,\ \, :,,'-1 \.1 \ I'! I.'

9 603 09

7650 MARKET STREET
WilMINGTON, NORTH CAROLINA 28405

OFFICE: 910-686-9114
FAX: [phone]

March 15, 1996

Water Quality Planning
Division of Environmental Management
NC Department of Environment, Health
and Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535

Attention:

Mr, John Dorney

Reference:

NWP 26 Permit
Mill Creek Expansion
Wilmington, North Carolina
Job No, 565-94

Dear Mr, Dorney:

Attached is a nationwide permit request for the development of a 14,9 acre parcel located
in New Hanover County, North Carolina, The tract is located west of388 Kerr Avenue and
adjacent to Randall Parkway and the planned development would include the placement of
fill in the area,

Enclosed please find a copy of the wetland delineation survey which identifies 3,5 acres
of wetland on this tract. Our plans would be to fill 0,82 acres as noted on the attached form,

Very truly yours,

PADjr~JP/ml
565a3-15
Attachment
cc: United Dominion Realty Trust

9 6 n1 ng

DEM ID:

ACTION ID:
26

'I.:.-t

Nationwide Pennit Requested (provide Nationwide Pennit #):'

JOINT FORM FOR

Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification

WILMINGTON DISTRICI' 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
ATrN: CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] A'ITN: 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: United Dominion Realty Trust
2. Owners Address: 10 South Sixth Street, Suite 203, Richmond, Virginia 23219-3802

3. Owners Phone Number (Home): (Work): [phone]

4. If Applicable: Agept's name or responsible corporate official, address, phone number:

5. ~ocation of work (MUST ATIACH MAP). County: New Hanover County
Nearest Town or City: Wi 1 mi ngton, North Carol i na
Specific Location (Include road numbers, landmarks, etc.): West of 388 Kerr Avenue (SR1175) and
adjacent to Randall Parkway

6. Name of Closest Stream/River:
7. River Basin:
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [] NO [X]
9. Have any Section 404 pennits been previously requested for use on this property? YES [] NO [Xl

Burnt Mill Creek

If yes, explain.

, 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
3.5 acres

11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:

Filled:

0.82 acres

Drained:

Flooded:

Excavated:

Total Impacted: 0.82 acres

0.02 acres

. ,. ...

12. De~ription of proposed work (Attach PLAN~-8 112" X 11" drawings only):
apartment buildings with access drives and parking areas

Construction of nine

13. Purpose of proposed work: To improve existing unuseable areas into a well designed

apartment complex incorporating wetland features.

14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimi7.e wetland impacts. ~ Dlil'lB1 <EYel<DJB1t ~ld invrove existim lIl.ISeable veoetated.areas

1D a safe attraCtive. apcJ.1'bll:S1L cmplex that is asthetically pleasil'JJ. (See Bel~)

15. You are required to contact the U.S. Fish and Wlldlife Service (USFWS) andlor National Marine,FISheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [] NO [X]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.

16. You are required to contact the State Historic Preservation Officer (SHPQ) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [] NO [X]
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, ~resentative photograph of wetlands to be impacted by project
C. If delineation was perfonned by a consultant, inclu~e all data sheets relevant to the placement of the
delineation line.
D. If a stonnwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? Res i dent i alto the east and south, (See below)
F. If applicable, what is proposed method of sewage disposal? City utilities available

CY-"~e-
Owner's i ature
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Date

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14. Silt Jro1;ectirn and erosirn antrol IIEaSl.Ir'eS ioclllfil'JJ a retentirn JXn1 will be <DlS1:rocted to
Jro1;ect .tiE SlJ'TWlfiITJ area arxt envil'Ollelt.

17E. Came'Ci a 1 <EYel qJIB1t and an irrlJstria 1 park 1D the \Est and rxrth.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. \'19~D~'1(g

County'~~W \-\~v\i tv'"

GENERAL PERMIT (REGIONAL AND NATIONWIDE) V~~![{C~T~~ LLc..

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Telepho 'v o. (fC~ ') -, c-~C' - 2(~q I 3 to L
Size and Location of project (water body, road name/number, town, etc.)
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Description of Activity T; \ \ 0 .T"IL ~XC::') l~~' \~,,~, \C\,Yl) \~, (TY\_)~ 1 ( ~_
(1\.):\I/~(n.l' il1 ~;':\'Y\f)~~ xC':> a~Y:l C\VY\\Y\i/,',1'\e:\ (?ton.) tT'C\(Trri. (\\1'(1 :::h~~\j",r
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\,/ Section 404 (Clean Water Act, 33 U.S.c. 1344).
Section 10 (River and Harbor Act of 1899).

Applicable Law:
(check all that apply)

Authorization:

Regional General Permit Number.
/ . , I ~ " O~e2 A({<t:'~
\~ Nationwide Permit Number. (N'I'\l L.U/)

I

Your work is authorized by this Regional General (RGP) or fZ;ionwide Pprmit (NW~ provided it is accomplished
in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 ~'lter...
quality certification from the N.C. Division of Environmental Management, telel?'Jont> (Q 1 OJ 713-178~ For any
activity within the twenty coastal counties, before beginning work you must contact the N (' Di"i~;nn nf C.oastal
Management, telephone [phone].

Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.

This Department of the Army RGP or NWP verification. oe the ermittee of the res onsibility to obtain
any other required Federal. Stat~._o_r local a~vals/permits. The permittee may need to contact appropriate tate
~;nJ local agencIes before beginning work. -'____hh,

[f there are any questions regardi ng this authorization or any of the conditions of the General Permit or Nationwide
Permit. please contact the Corps Regulatory Official specified below,

Date ~ - 8 - C\( ~ (~'-\t\R.'(/~ 3(\"'':; ','-Dl\ \H ')

Corps Regulatory Official '1Yt'-\x\. ,~\r..." ~":f:L t~ '\ Telephone No.cc1 \c)') 2jl' <-\\..\i \ \

Expiration Date of Verification --s'Q.\il 2- \ ) \C'~Cl

SURVEY PLATS. FIELD SKETCH, WETLAND DEUNEATION FORMS, PROJECT PLANS. ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COpy OF THIS FORM. IF REQUIRED OR AVAILABLE,

CESAW Form 591
ReVised July 1995