NEW HANOVER COUNTY — A developer behind a large residential project in Castle Hayne has received multiple permit violations from the county in recent weeks, putting into question the company’s previous commitment to responsible development.
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On April 14, New Hanover County Planning and Land Use department issued a notice (published in full at the bottom of the article) to Copper Builders founder Wade Miller for four violations regarding a 160-square-foot structure in the 4900 block of Castle Hayne Road. This area is slated to become Hilton Bluffs, a 4,000-unit residential project also from Copper Builders, which is currently working through the technical review process.
The development has already drawn ire from numerous community members since Port City Daily broke the news it was allowed by-right — meaning no commissioner approval is needed as its zoning permits it to move forward. The development still must meet county and state regulations and procure proper permitting.
According to the county’s notice, unapproved construction violates both zoning and building permitting, flood mitigation requirements in a high-risk zone, and CAMA. The 4,000-square-foot acreage consists of more than 3,000 acres of wetlands, as well as uplands — where the residences will be built — and backs up to the Northeast Cape Fear River.
The county found out about the structure from an email sent to Planning and Land Use Director Rebekah Roth in late March. It included pictures and indicated a group of people came across the building, with a “solar panel and a Porta John” accompanying it.
The county first issued the notice of violation on April 14. Castle Hayne resident Kayne Darrell — who started the Save Sledge Forest advocacy group and a petition against the development — said residents in the Wooden Shoe neighborhood, which backs up to the Hilton Bluffs property, were instructed by Roth to inform the department of any construction activity occurring on the site. County emails confirm as much, prompting the complaint.
On April 15, Roth asked Miller for details about the structure’s location, its nature, and installation process to assess which permits, if any, were necessary for compliance. Miller replied with requested information by April 16, according to the county, and was instructed he had until April 24 to remove the structure or officially apply for a commercial building permit, else face $100 a day in fines. The builders submitted a commercial building application by the final deadline, noting the 15-foot-tall structure was a mobile office or storage unit and cost $31,000 to construct.
Darrell is concerned the violations could be an overall indicator of Copper Builders’ lack of commitment to responsible development. Hilton Bluffs prompted Darrell to form Save Sledge Forest — which the developable area has been dubbed — and the petition now garnering 9,520 signatures advocating to conserve the land.
Facing pushback from the community, Miller previously expressed a commitment to transparency with the Castle Hayne community regarding the Hilton Bluffs development. In a March 17 letter sent to New Hanover County commissioners, he expressed appreciation for the community’s “passion and involvement.”
“We remain committed to open communication as we move forward,” Miller wrote. “We know this is a process, and we remain open to ongoing dialogue. We are listening, we have adjusted, and we will continue to refine our plans with constructive community input in mind.”
Miller and Sam Franck, the attorney representing the developer, previously addressed concerns during a Feb. 13 meeting with hundreds of community members in attendance.
“I’m not a typical developer that walks in here and all I think about is money,” he said at the meeting. “I know that’s how you think of me. But I grew up in the Carolinas. I’m an Eagle Scout. I love nature. I intend to build a community that connects with nature that doesn’t disrupt nature.”
UNCW Geologist and Save Sledge Forest advocate Roger Shew emphasized failure to secure the necessary permits before building anything in a floodplain is a serious issue; the structure is in a FEMA-defined high-risk area with a 1% annual chance of flooding. Although a 1% annual risk seems low, flood risk compounds cumulatively each year. FEMA reports high-risk areas have 26% chance of experiencing a flood event over the course of 30 years.
By law, FEMA regulations require communities like New Hanover to adopt and enforce floodplain management ordinances for development in these zones. Failure to comply can result in denial of flood insurance, fines, and an increased flood risk, potentially leading to further enforcement actions by the county.
In addition to the floodplain permit, a CAMA permit also needed to be applied for, which the county found the developers violated as well. CAMA, or the Coastal Area Management Act, passed in 1974 to protect coastal resources from the impacts of development. The act designates four areas of environmental concern to protect — estuarine systems, ocean hazard areas, public water supplies, and natural and cultural resource areas. Two could apply to the Hilton Bluffs development area, estuarine systems like coastal wetlands, as well as ocean hazard areas, which include high hazard flood areas.
In a statement provided to Port City Daily after press, Miller contested the characterization of the mobile office as a “structure.” He argued it was a temporary unit, not affixed to the ground, and manufactured offsite.
“We have not felt any need to investigate the use of our neighbors’ lands, but suspect that this use is very similar to prefabricated mobile trailers, sheds, and the like on others’ land in the RA zoning district in the county,” Miller wrote. “It would be unfortunate for many if the county were to conclude that prefabricated facilities like this … are not permitted.”
County Commissioner Dane Scalise told Port City Daily the “alleged violations” are concerning. He believes strongly in the rule of law and said developers must stay fully in compliance with the county’s unified development ordinance.
“I would apply the same standard to every other project in New Hanover County,” Scalise said. “It just so happens that this one is very large and very visible, and I think that as a consequence of that, you’re gonna have to make sure that you’re crossing all your ‘t’s’ and dotting all your ‘i’s.’”
Copper Builders’ commercial building application is currently under review by planning staff. The county noted if permit applications were not approved, the structure may have to be removed to remain in compliance. If necessary, Miller may also need to issue documentation showing the structure was removed and a site inspection will be completed by the Building Safety and Inspections Department.
Miller further stated Copper Builders are engaged with the county to determine the appropriate permits and intend to meet all requirements.
“If the ultimate conclusion is that our mobile office needs to be relocated on the land, or removed from it to comply with the law, then we will certainly do so,” Miller added.
Port City Daily also asked the county if Copper Builders faced other violations in the past, but an answer wasn’t received by press (this will be updated upon response). The developer is behind other projects in New Hanover County, including Sunset Reach, a 63-townhome development off of Rockhill Road, about 3 miles away from the Hilton Bluffs development.
Notice of Violation sent to Copper Builders:
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