Unlike many developments where there’s public pushback, the 4,000-unit Hilton Bluffs project planned for the Sledge Forest area doesn’t require approval from any elected official. The developers, Charlotte-based Copper Builders, don’t need a rezoning or special-use permit to build the homes and golf course proposed for the property, so there’s nothing for county commissioners to vote for or against.
That has put the ‘Save Sledge Forest’ advocates, who want to block the project and keep the area undeveloped, in an interesting and difficult position: there’s clear public support to ‘Save Sledge Forest,’ with over 12,000 verified signatures on the group’s petition, but no clear direction for them to go with their protest.
Advocates, including Save Sledge Forest co-founder Kayne Darrell, have put forward a host of concerns about the proposed development, some of which specifically apply to this project on this site, others which apply to overdevelopment more generally — and the latter have certainly resonated with residents from all walks of life and points on the political spectrum.
Copper Builders has refuted some of these concerns outright. And, while acknowledging other potential issues, the developer and its representatives have repeatedly noted they have the right to build and said that calls to block the project are “impractical at best and likely illegal,” as attorney Sam Franck told commissioners at a recent meeting.
On the one hand, Franck and Copper Builders founder Wade Miller have both said that they share the same basic goal as the Save Sledge Forest advocates — preserving a beautiful and ecologically distinctive region of wild greenspace, some of the last of its kind in the county.
On the other hand, the relationship between Copper Builders and Save Sledge Forest has become tense, to put it mildly. Advocates have cited incidents where Miller, in his private capacity, ran afoul of Wrightsville Beach’s regulations around “floating homes,” and where Copper Builders was issued a permit violation for a temporary structure on the Hilton Bluffs site, as evidence that they are not responsible stewards of the land. And Miller and Franck have been increasingly direct about their feelings about Save Sledge Forest, calling it a “political advocacy group” and effectively accusing it of fearmongering with inaccurate information.
(In addition to increasingly assertive rhetoric on both sides, there’s been a dustup over website URLs: sledgeforest.org sends you to Save Sledge Forest’s site, while savesledgeforest.com redirects you to the Hilton Bluffs info site).
There are a lot of moving parts to the debate — and no obvious resolution. Here, WHQR is breaking down some of the key concerns from advocates and the developers’ responses, fact-checked against information from the county, state, and other sources.
Traffic, Schools, Storms, and Toxins
Aside from the fact that the land is being developed at all — more on that below — some of the top concerns include traffic, stormwater and other resource management, the impact on schools, and the potential presence of an underground pollution plume, a decades-old legacy of the GE nuclear fuel plant.
Save Sledge Forest advocates have said the development will add 30,000 daily trips on two-lane Castle Hayne Road, which currently handles about 11,500 daily trips, according to the most recent NCDOT data from 2023. That’s based on an estimate from the WMPO. A slightly lower estimate from the Davenport engineering firm, submitted to the county early this year, put the number at just over 27,000.
In an email, Miller wrote, “We are certain that we will be required to make significant improvements to public roads as part of this development, but the specific traffic counts and required improvements have not yet been determined. The purpose of the traffic impact analysis is to determine the improvements the landowner must make—not to determine whether lawful development of the land may occur. To our knowledge, absent this project, there are no planned, approved, or funded public road improvements in this area, the only way traffic improvements are likely is with new development.”
There is an NCDOT road widening project for Castle Hayne Road, south of the Hilton Bluffs site, which would go from I-140 to just above MLK, Jr. Parkway. According to county documents, the project is still in development with no scheduled construction date.
Another main concern is flooding, both on the site but also in terms of runoff from housing and potentially a golf course, and how that impacts neighboring properties and ecosystems.
UNCW Professor Dr. Roger Shew, who has also worked with Save Sledge Forest and provided scientific background information for local conservation efforts, including Eagles Island and Flossie Bryant Tract, said he still had concerns about water management.
“We're in an area that is flooding now within the wetland in 2050 with sea-level [rise] of more than a foot. Half of that wetland area is going to be inundated based on the map data,” Shew told WHQR. “So whenever you're looking at this, you got to put that storm water somewhere from all those houses, too. And the question is, are you going to damage, in any way, those wetland areas as well?”
Miller told WHQR the development will actually be an improvement over the current land use.
“The wetlands and the river that naturally absorb major storm events will be preserved to continue serving that function. Development will significantly improve current conditions on this property: today, much of the land is farmed timberland—routinely clear cut and lacking meaningful drainage infrastructure—whereas the new community will be engineered with modern stormwater systems designed to responsibly manage runoff and provide intentional, appropriate drainage,” Miller wrote in an email. “In addition, the project has been designed in accordance with the County’s UDO performance residential standards, which increases open space. We've also elected to locate the new homes outside of flood zones. Together, these measures represent a significant improvement over existing site conditions and a thoughtful approach to reducing long-term flood risk.”
Several of the advocates, including Darrell, have repeatedly pointed to concerns about toxic pollutants from GE’s nuclear fuel production in the 1960s and 1970s. Shew told WHQR there is a plume of pollutants that is essentially seeping north towards the Hilton Bluffs site, carried by groundwater.
“The northwest area is where there was fluoride, vinyl chloride, uranium, chloroethene and dichloroethene. All of those were up in that area. And as late as 2015 there were contaminants in those wells off-site, north of the GE location, uranium fluoride and vinyl chloride are no longer above [state standards], but it's still there,” Shew said, adding that ongoing testing should be done.
Based on that concern, Copper Builders explored a Brownfields agreement with the state’s Department of Environmental Quality. But Miller told WHQR that there was no evidence of pollution that would warrant one.
“With our experts, we have extensively studied the GE property next door and confirmed that our property is safe for development. Significant monitoring and investigation have taken place to come to this conclusion,” Miller wrote in an email.
Another concern from advocates, including Conservation biologist Andy Wood, is that the project could turn to requests for wells to bolster the water supply, in particular for irrigating a golf course, which could deplete the aquifer nearby. Wood noted that the region was identified as an aquifer recharge area on the 2006 CAMA land use map used by the city and county (you can find it on page 65, here).
The county spokesperson noted that those designations would not have prevented low-density residential development. Additionally, the county said that currently Copper Builders is only proposing the use of CFPUA water and sewer but could, in theory, apply to use private wells in the future.
“If the development were to propose to use private wells, that would need to be reviewed by Environmental Health. At this point, the developer is proposing the use of public water and sewer. Use of private wells and septic would require larger lots and reduce the density possible for any development of the site,” according to a county spokesperson.
Lastly, there have been concerns about the impact on school capacity. Castle Hayne Elementary is currently slightly over capacity, while Holly Shelter Middle School is under capacity (with about 83% of capacity) – although based on an analysis presented early last year, it’s expected to go over capacity in the next five years.
The impact of Hilton Bluffs on the school population may be reduced by the inclusion of a significant number of senior housing units (the original submittal included around 1,200 senior units out of 4,000 total). The development is also phased, and while the timeline is likely subject to change, early documents, including scoping for a traffic impact analysis, contemplated many of the units coming on in later phases: ten years out or later.
Any major new development is likely to mean at least some more school-age children, and the district is already facing an overcrowding problem. But it’s worth noting that developers do not bear any legal responsibility for funding school system improvements or expansions.
The performance bonus “loophole”
Perhaps the single most serious bone of contention with the Hilton Bluffs project is the ‘performance density bonus,’ which in essence allows Copper Builders to build many more units than otherwise allowed by the low-density residential zoning of the area. The basic gist of the language in the Unified Development Ordinance, or UDO, is that by agreeing to conserve acreage elsewhere on the property, the developer can increase density in a more concentrated area.
In the case of the Hilton Bluffs project, Copper Builders proposed keeping roughly 3,000 acres untouched and, in exchange, the county would let them build 4,000 units onto the remaining upland 1,000 acres — roughly four times more on that area than would otherwise be allowed.
Advocates have complained that this is, in their view, a “loophole,” because much of that 3,000-acre area that’s being left undeveloped is already unbuildable for either logistical or legal reasons (basically because it's a wetland swamp or because it's in a conservation area).
Wood said the density bonus violated the spirit of the county’s regulations.
“They are conflating wetland with upland, and using 3,000 acres of wetland, and the spirit of the law, so to speak, is being ignored,” Wood told WHQR. “Because we're not going to develop a wetland that cannot be developed anyway. So that's the loophole, and the county just is going along with this loophole.”
Darrell voiced frustration that the county has been hesitant to revisit the staff decision to approve a density bonus for Hilton Bluffs.
“Since we started this a year ago, we've been told that our hands are tied. Everybody's hands are tied. There's nothing that can be done. And we have decided we're not accepting that, that we believe this was a mistake, that they are taking advantage of a loophole and that it needs to be fixed, and we're asking our decision makers and policy makers to stop telling us their hands are tied,” Darrell said, adding that other remaining greenspaces and wetlands could also be protected by revisiting the UDO’s density bonus.
Copper Builders has pushed back on the term “loophole.”
“Some have suggested to you that it is a loophole, it is anything but. This is a deliberate evolution and design in the code designed to encourage density of homes on smaller sites, together with the preservation of green space,” Franck told commissioners earlier this month during a public comment.
Meanwhile, the county told WHQR they are not currently revisiting the UDO language — and believe that reviewing and potentially reversing the staff decision to grant Copper Builders a density bonus for Hilton Bluffs could be illegal under a relatively new state law. Passed as Senate Bill 382, the legislation included Hurricane Helene relief and a slew of other legal changes, including one that banned local government from “down-zoning” property without the consent of property owners. Essentially, any change to zoning regulations or maps that reduces the number of allowable units per acre is off the table, unless owners agree. Because Copper Builders were already granted the density bonus, it may be illegal to revisit the issue by closing what advocates call a loophole — and would likely invite litigation.
For her part, Darrell remains adamant that commissioners could find a way to intervene.
“They are the policymakers. They have the ability to appeal this UDO stuff. They can do that as county commissioners, so their hands are not tied. They need to sit down and use some brain and figure out a way to fix it,” she said.
On Monday, WHQR emailed the five county commissioners, acknowledging that this is a by-right development and that state law could bar reconsidering the density bonus, but asking for their thoughts in light of the significant public concern.
As of Friday morning, Republican Commissioner Dane Scalise was the only one to have responded.
“This development may be ‘by right,’ but that doesn’t make it right for New Hanover County. Something is wrong with our zoning ordinance if this development can be done without any say from the people’s elected officials,” Scalise wrote in an email.
Copper Builders’ preservation proposal
Earlier this month, Wade Miller, founder of Copper Builders, addressed county commissioners to “clear up some miscommunications.”
Miller said that the planned residential development would go on parts of the property that are currently farmed timberland, with no development planned for the wetland areas where the majority of old old-growth forest is located. He also noted that the current owners could clear-cut the property if the Hilton Bluffs project fails.
“We don't want that to happen,” Miller said.”We want to save Sledge Forest through honest conservation efforts, not through an ask for legal or regulation changes.”
In an email to WHQR, Miller confirmed it was Copper Builders’ understanding that the entire property could be cut, not just the timberland.
“Our plans for the wetlands and swamp areas would establish a requirement to preserve the vast majority—if not all—of the old-growth trees on the property. This protection would come through a combination of community open space, and permanent conservation in collaboration with others. We’ve consulted with foresters to understand the current conditions and what’s allowed today. Based on those discussions, under the existing forestry plan, the current owners could legally clear-cut all 4,000 acres—every tree. It is my understanding that there are no legal restrictions in place to require preservation of any of these trees today,” Miller wrote.
There don’t appear to be any county-level restrictions on clear-cutting based on the current zoning, however there could be state permitting issues.
“Certain activities in coastal or wetland areas may require a CAMA permit if they fall within CAMA jurisdiction, especially if they involve soil disturbance, stump removal, or take place within designated Areas of Environmental Concern (AECs). Tree cutting by itself might not always trigger a permit, but the specifics would need to be reviewed by the NC Division of Coastal Management to determine what’s allowed on a case-by-case basis,” according to a county spokesperson.
Miller told WHQR the company is still actively pursuing funding for conservation of 1,160 acres, basically the northwestern quarter of the property, along with 1,000 acres set aside for “community open space.” According to his presentation to commissioners, this would reduce the total density bonus, meaning the project would have around 1,000 fewer units — and also abandon plans for the golf course. Miller said he’s okay with that.
“This means over 60% of the property will be protected if we achieve this goal. We know this past path comes with trade-offs. We lose some density, we lose our golf course. We will lose one home per acre conserved. This is our preferred plan. This is what we are trying to do,” he told commissioners.
A proposal by the nonprofit Unique Places to Save, announced earlier this year, recently fell through, after its grant application to the North Carolina Land and Water Fund failed to get approval. That plan would have used roughly $10 million in state money to acquire the 1,160 acres Miller referred to.
While some have suggested that New Hanover County could step in to help fund preservation efforts, or even create a passive park, a county spokesperson confirmed that staff are not working on anything like that at the moment.
“What I would like to see”
Darrel and other advocates said they believed the NC Land and Water Fund made the right decision, noting that the area that would have been purchased is not developable. For the same reason they didn’t believe that land should count towards Copper Builders’ density bonus, they didn’t believe that’s where taxpayer-funded preservation efforts should be focused.
In a statement, echoed by Darrell, Wood, and others, Save Sledge Forest wrote that the area “deserves real, lasting protection. That requires honest, transparent efforts to preserve the forest as a whole — not financial maneuvers that benefit private interests at the expense of taxpayers.”
Wood also took issue with Miller’s suggestion that the entire property could be clear cut, pointing to the logistical difficulty, and thus low return on investment, of logging in a swamp.
“This to say, Copper Builders’ threat of clearcutting all of Sledge Forest is a valid concern, but likely not a wise business idea. Again, it seems more of a spiteful threat to our community, than a smart forestry business proposition. In my opinion,” Wood wrote in an email.
As for Copper Builders’ proposed compromise – a 3,000-unit development limited to the timberland area, with no golf course – advocates, including Darrell and Wood, have said they believe a more conservative buildout still poses serious environmental concerns. They’ve argued that even if development avoids directly damaging the old-growth swamp areas, identified as a North Carolina Natural Heritage Area, there are still indirect issues like stormwater drainage and pollution and disruption of the ecosystem and habitat of animals living in their area.
During an interview with WHQR, Wood presented a jar with greenish water and barking tree frog tadpoles, and noted, “And what ecologically I want people to think about is these frogs, because like us, we don't live only in water or only on land. We live in both places, and so do these frogs. So if we trash the upland, but because we're saving the wetland, well, there's a lot of things that live in wetlands that need to be in upland to complete their full life cycle.
Shew noted the ecological value of the area as a whole.
“Because anytime you go in and bifurcate or fragment a natural area, we all know you decrease the value of that. You decrease biodiversity,” Shew said.
In the end, Darrell said even a much smaller development – say around 1,000 units – would bring too much infrastructure into the area. For that reason, she’d like to see the area maintained as a passive public park.
“We don't have in this county something like the Brunswick Preserve, where there's no pavement, just passive. There's already trails there. There's hunters that have been using it for a very long time. That's what I would like to see,” she told WHQR. “I think it would be used by so many people, and there are 4000 acres, so you could feel like you're all alone in there, no matter how many people are in there, and just be able to walk those trails and keep it passive and not put anything else there.”
Turning the property into a passive park would still take some work, including providing low-impact access points (the land is currently difficult to reach), and likely securing some kind of arrangement to maintain the area. Brunswick Preserve, which is over 900 acres, was purchased by the Coastal Land Trust and turned over to Brunswick County, with the land trust volunteers providing trail building and maintenance. Darrell, Wood, Shew, and others remain optimistic they’ll be able to find a similar way forward in Sledge Forest.
