20000263 Ver 1_COMPLETE FILE_20000210

I ` .,
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
APPROVAL of 401 Water Quality Certification
St. James Development Co. LLC
PO Box 10879
Southport, NC 28641
Dear Sirs:
e
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 21, 2000
Brunswick County
DW Pro ect # 000263
r 2H
WETLANDS GIWUN
"',TFR U11_ITY' SFCT`^"'
You have our approval, in accordance with the attached conditions and those listed below, to impact 7.1 acres of wetlands to
fill the ditches and restore the hydrology on your property in Brunswick County, as you described in your application received by the
Division of Water Quality on February 10, 2000. After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification Number 3109. This certification allows you to use Nationwide Permit Number 27
when the Corps of Engineers issues it. 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 Water shed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless
otherwise specified in the General Certification.
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. If the property is sold, the new owner must
be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. 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.
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 919-733-9646.
S' rely,
Pltev ?10 Attachment
cc: Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Scott Piner, Land Management Group, PO Box 2522, Wilmington, NC 28402
Brunswick Land and Timer, LLC, PO Box 601, Eden, NC, 27288
Tri-City Inc, 36 Richmond Plaza, Highway 74, Rockingham, NC 28379
File Copy V
Central Files 000263
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
http://h2o. en r. state. nc. us/wetlandc.htmi
NC DENR DIVISION OF WATER QUALITY
WETLANDS/401 UNIT
1621 MAIL SERVICE CENTER
RALEIGH, NC 27699-1621

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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
A 1 002 WAJ
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 24, 2000
Brunswick County
DWQ Project # 000263
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
St. James Development Co. LLC
Post Office Box 10879
Southport, NC 28641
Dear Sus:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in an additional 4.28
acres of ditches (7.1 acres of ditch approved earlier) for the purpose of restoring wetland hydrology at St. James Plantation (Palladin and 2,400
acre tracts) as described in your application dated March 13, 2000. After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification Number 3109. This certification allows you to use Nationwide Permit Number 27 when the Corps of
Engineers issues it. 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 Water shed regulations. This approval
will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
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 the property is sold, the new owner must be given a
copy of this Certification and approval letter and is thereby responsible for complying with all conditions. 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.
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and streams to notify the state
in order to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date
of this letter or the issuance of the 404 Permit (whichever is later).
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 Domey at 919-733-9646.
S
Dse
Attachment
cc: Corps of Engineers Wilmington Feld Office
Wilmington DWQ Regional Office
File copy
Central Files
Steve Morrison; Land Management Group
Division of Water Quality - Non-Discharge Branch
1621 Mail Service Center Raleigh NC 27669-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer •
50% recycled/10% post consumer paper
StatE) of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
0"?'W'A
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
'
?' ? -4 2000
-C. unty
DWQ Project # 006A3
APPROVAL of 401 Water uality Certification and ADDITIONAL CONDITIONS
S S , ayri nJf' Co, LL-C 1? O 000d' f? Q
de
?I
Dear b}f. _>i? 5 473
You have our approval, in accordance with /ed conditi sand those listed below, to place fill material in
?n?f i:.,.::1eet?fsueauts for the purpose of at as described in your application dated After
reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number This certification a
allows you :o use Nationwide Permit Number' when the Corps of Engineers issues it. 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, Coast I Stormwater. Nun- d
Discharge and Water Supply Water shed regulations. This approval will expire when the accompanying 404 or CAMA p rmit expires unless
otherwise specified in the General Certification. ll?
This approval is only valid for the purpose and design that you described in your application except as modified b low. If you change
your project, you must notify us and you may be required to send us a new application. If the property is sold, the new o ner must be given a
copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wet l• nd fills for this project
(now or in the future) exceed one acre, compensatory mitigation may be required as described in ISA NCAC 2H .0506 h) (6) and (7). For this
approval to )e valid. you must follow the conditions listed in the attached certification and any additional conditions Ii led below.
I Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and streams to otify the state in order
to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 ays of the date of this Q?n1t?'
letter or the issuance of the 404 Permit (whichever is later).
2. An ditional condition is that a final, written stormwater management plan shall be approved by this Office be ore the impacts specified
in is Certiftc io occur. The water mana Went plant include pla llid specific• s for stormw management facilities
igned emov SS9o T acco ing tot . mo recent rsion of the DF. R Stnr user est M ?e e t Practir Waal.
4 o ore any rt • ent buildi is upied a th ject site acilities, proved by ffice, s al constructs and
operational, and the Stormwater management plan, as approved by this Office, shall be implemented.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. Yo must act within 60 days of
the date that you receive this letter. To ask for a hearing, send a written petition, which conibnns to Chapter 1506 ?f the North Carolina
General Statutes to the Office of Administrative Hearings, P.O. Box 27147, Raleigh, N.C. 27611-7447. This certi cation and its conditions «rc
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 Ac If you have any questions.
please telephone John Dorney at 919-733-9646.
Sincerely, I
I?11? Kerr T. Stevens
Attachment W
cc' Corps of Engineers Field Office
W , Ift'a DWQ Regional Office
Fil copy
Central Files
apprnvalconJtr ?7y
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center Raleigh NC 27669-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50011, recycled/10 post consumer paper
ltd ????t 5WMA, 9nC.
Ad 0/A .m ,2522
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Allen Davis i 720
US Army Corps of Engineers
Regulatory Branch r
ANOS GROUP
P.O. Box 1890 i)I'^..l ITY SECTION
Wilmington, N.C. 28402-1890
Re: Nationwide 27 Permit application; Paladin and 2400 Acre tracts
Dear Allen,

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As you know, the owners of these tracts (Settlement Tracts) reached an agreement with the State of
North Carolina in 1999 to backfill or plug a total of 7.1 acres of ditches for the purposes of wetland
restoration and improvements to water and land quality. This represented approximately 63% of the
total ditches on the Settlement Tracts. After an intensive analysis regarding the methods, time frames
and costs to successfully stabilize the amount of remaining ditches, the owners have decided to
voluntarily backfill or plug all the remaining ditches throughout these tracts. This action represents
the quickest, most effective solution in resolving concerns associated with erosion, sedimentation and
turbidity as well as impacts to wetland areas. This action is also consistent with the State's original
position regarding the Settlement Tracts and with the State's current policies.
As with the Settlement Agreement work, which has already been approved under Nationwide Permit
27, the owners request the authorization of this additional ditch backfill and plugging under
Nationwide Permit 27. This proposed work will have the same effect relating to wetland restoration
and enhancement through the elimination of ditch drainage impacts. The same methodology is also
proposed. All perimeter ditches and ditches which transport water away from wetland areas will be
entirely backfilled to their original grade. All haul-out ditches will be effectively plugged by their
connection with the backfilled perimeter ditches or by a 100' minimum length earthen plug.
On 1/6/00, an application was submitted under Nationwide Permit 26/14 for the small portion of the
2400 Acre tract known as Tri-Brunswick. Because of the decisions to take a comprehensive approach
to fill or plug all of the ditches on the Settlement Tracts and to avoid the minor road crossing, the
owners no longer need to pursue the pending 26/14 application for this portion of the Settlement
Tracts and that application is hereby withdrawn.
G??? o
A Sedimentation/Erosion Control Plan will be submitted for approval by the Division of Land
Resources to cover both the Settlement Agreement work and this additional ditch filling and plugging
work. A Sedimentation/Erosion Control Plan has already been approved by DLR for the Tri-
Brunswick portion of the 2400 Acre tract. Upon completion of the ditch filling in this area, the owner
plans to complete the stormwater and erosion control measures shown on the approved S/E Plan.
Please review the enclosed plat detailing the proposed restoration/enhancement work. The plat shows
both the Settlement Agreement work and the additional proposed work to be authorized under the
requested Nationwide 27 Permit. The owners of the Settlement Tracts would like to request that the
processing of this permit be expedited so as to allow for a complete S/E Plan (covering the Settlement
Agreement work and this additional work) to be reviewed and approved by DLR. Your assistance
in this effort is greatly appreciated. Please contact me with any questions you may have.
Sincerely,
Steve Morrison
Environmental Consultant
encl: application package /
cc: John Dorney, NCDWQ
Bob Stroud, NCDCM
MAP
DEM ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 27
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1. NOTIFICATION TO THE CORPS OF ENGINEERS
2. APPLICATION FOR SECTION 401 CERTIFICATION
3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE
OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE
SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES
SHEET). PLEASE PRINT.
1. OWNERS NAME: See attached Owner/Mailing address List
2. MAILING ADDRESS: See above
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING
ADDRESS ABOVE): Proiect is adjacent to St. James Plantation, Southport area, Brunswick County, NC.
3. TELEPHONE NUMBER (WORK): [phone] (FAX): [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Steve Morrison c/o Land Management Group, P.O. Box 2522,
Wilmington, NC 28402, [phone]
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Brunswick NEAREST TOWN OR CITY: Southport
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Proiect is adjacent to St James Plantation Southport area Brunswick County, NC. Turn onto St. James
Drive. Proiect comprises 3100 acres south of Hwy 211.
6. IMPACTED OR NEAREST STREAM/RIVER: Polly Gully Branch RIVER BASIN: Cape Fear
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (OR", WATER SUPPLY
(WS-I OR WS-II)? YES a NO [x] Polly Gully is classified as Class SC waters.
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [x ]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? Transitional
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [X]NO O Nationwide 27 permitted 2/1/00; Nationwide 26/14 requested on 1/6/00 is
hereby withdrawn
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO [ ] None planned at this time. Owner understands that any future activities will
be subject to applicable regulatory requirements,
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND 3100 acres
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
Approximately 1950 acres
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: N/A EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES IMPACTED: N/A
This activity is for wetland restoration
and enhancement. See item 12 below
for acreage.
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): N/A
(2) STREAM CHANNEL IMPACT WILL RESULT FROM: N/A (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A
WHAT IS THE EXPECTED POND SURFACE AREA? N/A
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACHED PLANS: 81/2"X 11" DRAWINGS ONLY):
The NWP 27 will allow the filling of 4.28 acres (186,603 linear feet) of ditches.
13. PURPOSE OF PROPOSED WORK: The NWP 27 will allow the additional restoration and
enhancement of wetlands on the subject property.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
For purposes of wetland restoration and enhancement.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS)
AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET)
REGARDING THE PRESENCE OF 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. DATE CONTACTED:
No longer contact per their request. (ATTACH RESPONSES FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: No longer contact per their request.
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND? YES 0 NO [x] (IF NO, GO TO 18)
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA
27603-8003, TELEPHONE [phone].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29 AND
38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE
SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH
EQUALS 100 FEET OR THEIR EQUIVALENT.
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. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
Residential
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N/A
a. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL
MANAGEMENT (WATER QUALITY) CERTIFICATION, AND,
3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS
CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM.
" ? ?' I - ?zz__ -
OWNER'S/AGE SIGNATURE
Steve Morrison
Environmental Consultant
Land Management Group, Inc.
3 /o?v
DATE

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Owner/Mailing List
St. James Development Co., LLC
4006 St. James Drive SE
P.O. Box 10879
Southport, N.C. 28461
Brunswick Land & Timber, LLC
222 East Meadow Rd.
P.O. Box 601
Eden, N.C. 27288
Tri-City, Inc.
36 Richmond Plaza
Highway 74
Rockingham, N.C. 28379
Tri-Brunswick, LLC
4006 St. James Drive SE
P.O. Box 10879
Southport, N.C. 28461
The Members Club at St. James Plantation, LLC
4006 St. James Drive SE
P.O. Box 10879
Southport, N.C. 28461
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NWP Request Environmental Consultants Southport & Lockwood FOII
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March 2000 Quad Sheets

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Brunswick County, NC Wilmington, N.C.
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
• •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 21. 2000
Brunswick County
DWQ Project # 000263
APPROVAL of 401 Water Quality Certification
St. James Development Co. LLC
PO Box 10879
Southport, NC 28641
Dear Sirs:
You have our approval, in accordance with the attached conditions and those listed below, to impact 7.1 acres of wetlands to
fill the ditches and restore the hydrology on your property in Brunswick County, as you described in your application received by the
Division of Water Quality on February 10, 2000. After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification Number 3109. This certification allows you to use Nationwide Permit Number 27
when the Corps of Engineers issues it. 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 Water shed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless
otherwise specified in the General Certification.
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. If the property is sold, the new owner must
be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. 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.
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 hearins.
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 919-733-9646.
S' rely,
tev s
Attachment
cc: Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Scott Piner, Land Management Group, PO Box 2522, Wilmington, NC 28402
Brunswick Land and Timer, LLC, PO Box 601, Eden, NC, 27288
Tri-City Inc, 36 Richmond Plaza, Highway 74, Rockingham, NC 28379
File Copy
Central Files 000263
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
http://h2o.enr.state.nc.us/wetiandc.htmi
> cE?/? l
9?awd Ac.
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S. Tom.
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Wdm&, ?YWA %6d&na 28402
3e? 9YO-452-0001

Ff-s n 1 2000 DO
DIV. OF WATER QUALITY
DIRECTOR'S OVICE
?qr9'.h
8805 ?eigl tawtle ?e
*1 tn, ?I'fB 28403
January 18, 2000
Mr. Tommy Stevens
Division of Water Quality
NCDENR
1617 MSC
Raleigh, NC 27699-1617
Dear Mr. Gamer:
Enclosed is a NWP 27 application by St. James Development Co., LLC, Brunswick Land & Timer, LLC
and Tri-City, LLC for the 2400-acre and Paladin tracts, Southport area, Brunswick County NC. This
application will allow the filling of 7.1 acres of ditches for the effective implementation of the Settlement
Agreement for the 2400-acre and Paladin tracts.
Thank you for your assistance in this matter. If you have any questions, please feel free to contact me.
Sincerely,
Cott Piner
Environmental Scientist
Enclosure: Nationwide permit application package
cc: Allen Davis, C.O.E.
Joanne Steenhuis, DWQ
Mark Bramble, St. James Plantation
Charles Garner, DLR
John Domey, DWQ

DEM ID- CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 27
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1. NOTIFICATION TO THE CORPS OF ENGINEERS Ii
2. APPLICATION FOR SECTION 401 CERTIFICATION
3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD
OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES
SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY
ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: See attached Owner/Mailing address List
2. MAILING ADDRESS: See above
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING
ADDRESS ABOVE): Project is adjacent to St James Plantation Southport area, Brunswick County, NC.
3. TELEPHONE NUMBER (WORK): [phone] (FAX): [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Scott Piner c/o Land Management Group P.O. Box 2522,
Wilmington NC 28402, [phone]
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Brunswick NEAREST TOWN OR CITY: Southport
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Proiect is adjacent to St James Plantation Southport area Brunswick County NC. Turn onto St. James
Drive. Proiect comprises 3100 acres south of Hwy 211.
6. IMPACTED OR NEAREST STREAM/RIVER: Polly Gully Branch RIVER BASIN: Cape Fear
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY
(WS-I OR WS-II)? YES 0 NO [x] Polly Gully is classified as Class SC waters.
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [x ]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? Transitional
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES 0 NO [x]
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO [x]
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND 3100 acres
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
1950 acres
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 7.1 acres (309,600 linear ft. of ditches) EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES IMPACTED: 7.1 acres
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): N/A
(2) STREAM CHANNEL IMPACT WILL RESULT FROM: N/A (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A
WHAT IS THE EXPECTED POND SURFACE AREA? N/A
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACHED PLANS: 8'/2" X 11" DRAWINGS ONLY):
The NWP 27 will allow the filling of 7.1 acres of ditches per the Settlement Agreement in the ditching
case involving the 2400 acre and Paladin tracts.
13. PURPOSE OF PROPOSED WORK: The NWP 27 will allow the effective implementation of the
Settlement Agreement.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
The NWP 27 will allow the filling of 7.1 acre (309 600 linear ft.) of ditches to comply with the Settlement
Agreement involving the various NC state agencies (see attached December 14, 1999 Division of Water
Quality map.)
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS)
AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET)
REGARDING THE PRESENCE OF 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. DATE CONTACTED:
No longer contact per their request. (ATTACH RESPONSES FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: No longer contact per their request.
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND? YES 0 NO [x] (IF NO, GO TO 18)
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA
27603-8003, TELEPHONE [phone].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,29 AND
38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE
SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH
EQUALS 100 FEET OR THEIR EQUIVALENT.
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. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
Residential
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N/A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL
MANAGEMENT (WATER QUALITY) CERTIFICATION, AND,
3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS
CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM.
OWNER'S/AGENT'S SIGNATURE DATE
Scott Piner
Environmental Scientist
Land Management Group, Inc.
(AGENT'S SIGNATURE VALID
ONLY IF AUTHORIZATION LETTER
FROM THE OWNER IS PROVIDED
(189•))
Owner/Mailing List
St. James Development Co., LLC
4006 St. James Drive SE
PO Box 10879
Southport, NC 28641
Brunswick Land & Timer, LLC
222 East Meadow Rd.
PO Box 601
Eden, NC 27288
Tri-City, Inc.
36 Richmond Plaza
Highway 74
Rockingham, NC 28379
N
n
0 1 2 4
SCALE 1" = 2 MILES
%01 I L-
NWP Request Land Management Group, Inc.
Settlement Tract Environmental Consultants Vicinity Map
St. James Plantation Wilmington, N.C.
Brunswick Countv, NC January 2000

N
0 2000 4000 8000
SCALE 1" = 4000'
NWP Request Land Management Group, Inc. USGS 7.5'
Settlement Tract Environmental Consultants
St. James Plantation Wilmington, N.C. Southport & Lockwood Folly
ad Sheets
Brunswick County, NC January 2000 Qu

I/

i
6 I ,

f i
ZC
0 2000 7006000
SCALE 1" = 3000'
NWP Request Land Management Group, Inc.
Settlement Tract Environmental Consultants December 14, 1999
St. James Plantation Wilmington, N.C. Division of Water Quality Map
Brunswick County, NC January 2000
LAND MANAGEMENT GROUP AC.
P.O. BOX 2522
WIL MING TON, N. C. 28402
DATA FORM
ROUTINE WEi LAPIM DET A41NATION
(1987 CC C Wetlands Delineation Manua 1) UPLAND DATA
Projecti'Sita: l= Rr? a LCG .n,vz ,-, ctua r Oats: ',;A/S
Appllcant/OWner. o doe io are 4 Je..r?aQ_ Zry`i County: c3a-,.X.,.- _e
Investigator: t.SrruL- ?n 0 X'ea-Z" smta: ,-1 C-
Do Normal Clrcumstancss exist an the site? ? No Community 10: /
is the site significantly disturbed (Atypical Situation)? Yes ? 'Transect 10:
1s the area a potential Problem Area? Yes Plot 10: : T
(If needed, explain on reverse.)
VEGETATION
?Tinr?nt P1wM S w?iw?
t . l vas h.Ks rpm $hw..M?. in.linw?wr
T- ?ifCli t Q?r..inw..t ?w..? Sn+•'iw? nursers.. InrJt•!t11rfl
s. C-,/a, u,e?- /I,KFr •Fu•o-?_ ,S rs ??
2. 74 C41" To. P70fAcl--

4. 'kc.Q 461z, 7- Fift. 12. --- -•--
S. ?? CRG S V.2f/r?p+.-L T
T3.
% 14.
7 15.
S. is.

Percent of Dominant Species that are O8L FACN or FAC
Iaxcludlnq FAC•).
7c -a
Remarks:
HYDROLOGY
Recorded Data (Describe In Remarks): Wadand Hydrology Indicators:
Strewn. Lake, or Tide Gauge
Aerial Photographs Inundated
Other _
_ Saturated In tipper t: Inches
No Recorded Data Avaaable Water Marks
Ontt Lines
_ Sediment Osposits
Field Obamvedons: Orainege Patterns in Wetlands
~- _
Depth of Surface Water.
4 an.) _ O3ddized Root Chwinals In Upper 12 Inches
Depth to Free Water in Pit: 'SF ? `•' c c c fi n.) _ Local Sail Survey Data
.ccc JA/?
. _ FAC-Neutral Test
.
Depth to Saturated Sail: Src (Ina _ Other (>:x;Wn In Remarks)
Remarks: ?j Qi. rA .•. ? Lg?CLS r o.r• TeA oAj x.YC A/o ?/G/2ovi.?le .Mrr? i ar?C y G,Q....•.-4 l a'-'?
LAND MANAGEMENT GROUP,INC.
P.O. BOX 2522
PrILMINGTON,N.C. 28402
I
snu C nATA

Map Cinit Nash / '
o..
(Ssrfas an : Phsanls - G ? aP Y ??C
DrainaQo Casa. SP
TaxottotriV fSubcroual: / ?iG Fold Cbsarcom
/?.?ih4..oJ, ConFrrst Maccod Tvoa7 (S;D No
ProHte Oe??ri?tfen-
Osptti Matrix 'Uor
??eheel I?e?? (M??rnell MeieN Matra Cotars Mattla To:.7tlre. Csnarr:?ana.
jNM?n?..q MeieH Ah??nden?e/Co?•.?et Srn?cter.•. etc.

_ rR S??-?

Hydrfc sail lt?lcatan:
Hismsol Gncradona
-? HICpedon
Sulfidla Cdar _
_ HiCh Organic Cantant in Surfaoa Layer in Sandy Soils
-17
Aquia Moisture Ragme Oraania Streaklna in Sangy Soils
_Gsud on Local Hydric Sals Ust
,8adu=c Catdidfans „_ Ustad CA Notiond Hydric Soils ls:t
Q"ed at Low-Guorns C«ors _ CUW M49j in in Ran:a:,csl
Rarrtatits:
WETLAND DETERMINATION
hv&ophvdc Vogotsdon Pres4ew ® No (ardal (Crclai
Wediand Hydrology Presontl Yes IdG)
k11ditc sa1s Present? jig;) No b this Ssmpling Point Within s Wet2ond7 Yes
Rarnwicx
? Yn. C.K. cs i1... ? /?ea..?-if .?? e? w £ t.C e o a.?-3?..rf-' •
S?-
LAND MANAGEMENT GROUP,INC.
P.O. BOX 2522
WILMINGTON,N.C. 28402
DATA FOAM
RCLMIYE WETWIC DZUERUNATICN
(1387 CC E Wcztznd :. Daiinezdcn U=..•=) WETLAND DATA
Frojace.f."Sta: ik/- e WS4. c< 14C /fir XCrA C1,16 ?. ?.?ayc? r eta: G Y?99
AppUta:itJawner: _ o. d ox / o d-?iS , ?a tae r ,mac. yc i County: ktNorma! Clrct:mstzncaz c daz on the sits? ? No Community 1D: e sits significantly dLtt:rbed (Atypical Situationl? Yes ® Transec; 1C: he arcs a potantizi Prcbiem A=? Yc; ® Plot lD:
Uf needed. s=lain = reverse.)
YE%ETATICN
PwN wwr aAM ?nwr!iw?
1. IMv.S /rK?? g??..w..w
?' IM?iI!.IM? ?nwww ww, q?w• 5nwrw?
Sn?••r? I?dt??
Z 6 o aao r..?
Lets?.?'rr'? ?,?
.._.7-_ ..G.?.?.
10.
ilCa2 ,QriGS/L.----
3. f7i?6rocrM VNli?r?.l-r-iL ? OAC 11. wYSS4-J"'t L*-)'7CA-- 0- OTC

4- rRsr0- z xda.-, ?- ?

F.rc ?

tz .
-- -..-.
3. ?uS SPR•T?r?L T 12.
14.
s A:s, rw 2S. ??'?+
? 14

P?tea FQu sadcios that are CrL. FAC.v of FAG 0 O
R.nsarks:
L
HY W14-iY
?Rsaotdsd Dats ca caw in Rantsricsl: -- -
:54"m. "iw of m" Gaups
Auld Plw=wapm
-caw
?. >tlo RsaordW Dots AvaaWs
Fisid cu6wvadans; /
Ospth 0 &"*" wauar:
Depth to Frss Water in Pit:
Dapth to &Wmued Sail. ?3 F- jf - dn,i
Wound Hycirabay Indkuars:
Ltunditsd
?!Saauatad in Uppw 1: inchss
_ Water M 4&a
_ Onet CLL..
S.dirn.nt D.paaita
w. Orainap. Putwas in W4uands
_ CtdL-ad Root C.hanr wa in upper 12 uwhaa
?Lacaa Safi survey Dora
FACtiWutral Tau
QUW (L`xpldn in Ruaaeks)
LAND MANAGEMENT GROUP,INC.
P.O. BOX 2522
WILMINGTON,N.C. 28402
SOILS nATA
Map (fruit .vanr.
(Sad." arld.Phasa): Drainago Casa:
Taxonoaly (Subgroup): Field Obsorve ons
Confimt Mapped Type) ea. No
P+elpe De?eretfen?
Dopth
Rnc?? 1?ew? Matrix Color
(Munewil Meist? Motda Colors
(Mvn?wll Mnia<) Motda Texture. Concretions.
Ah?rnde?ae/Cenn?et Sr..?ctt}rte, etc.
11111C r14 I
6
y= 7 ?j` f0 7^ Z? ~/N ?•Nf
A/TL M??N
l+?
r
_ J
i
.
Hydria soil lad catars:
matosol
_ WOO ZOPedon
Sultidlo odor
?. Aquia Moisture Regime
Reducing Candldons
-4:?'Gieyed or Low-a=rm Colors
Concretions
_ High Organic Content in Surfaw layer in SandV Soils
_ organia Strosking in 3wgV Solis
?-Isted an Local HVddc Soils LSst
_--Idstad an National Hydit Soils List
Other mxpwn in Romarkal
WETLAND DETERMINATION
hydmplryda Vegetation Prescrit? No (CrWo) -
Wetland H (0l
YdraagY Pmem? ? Ho
Hydrda 3044 Present? No la We Sampling Point Within a Wetland? ? No
Rsrrrarlcs:
??Hlr DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
- --?®
IN REPLY REFER TO June 23, 2000
Regulatory Division
Action ID No. 200000909
e? etas
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Dear Mr. Dorney:
Enclosed is the application of Saint James Development Company, LLC for Department of
the Army authorization and a State Water Quality Certification to discharge fill material into
4.28 acres of waters of the United States, 62,200 linear feet of ditches in, adjacent to, and
connecting to wetlands, at a tract known as Paladin/2400 Acre Tracts, located in headwaters of
Beaverdam Creek, south of NC Highway 211, 4 miles northwest of Southport, Brunswick
County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for
certification in accordance with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section 404 of the Clean
Water Act, and we have determined that a water quality certification is required under the
provisions of Section 401 of the same law. A Department of the Army permit will not be granted
until the certification has been obtained or waived.
In accordance with our administrative regulations, in most cases, 45 days after receipt of a
request for certification is a reasonable time for State action. Therefore, if you have not acted on
the request, or asked for an extension of time, by August 7, 2000, the District Engineer will deem
that waiver has occurred.
Questions or comments may be addressed to me at the Wilmington Field Office, Regulatory
Division, telephone [phone].
S' erely,
en S. Davis
Regulatory Specialist
Enclosure
Copies Furnished (without enclosure):
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT`
Privacy Act Statement
Authority. 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navitable
waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the
purpose of dumping it into ocean waters. Routing Uses: Information provided on this form will be used in evaluating this application .fora permit.
Disclosure; Disclosure of requested information is voluntary. If information is not provided however, the pe" application cannol.be processed nor can a
permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity.
An application that is not completed in full will be returned
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 12. FIELD OFFICE CODE 1 3. DATE RECEIVED 14. DATE APPL. COMPLETE
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANTS NAME 8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not
See attached owner/mailing list required) Steve Morrison
Environmental Consultant
Land Management Group, Inc.
6. APPLICANTS ADDRESS 9. AGENTS ADDRESS Land Management Group, Inc.
See attached owner/mailing list P.O. Box 2522
Wilmington, NC 28402
7. APPLICANTS PHONE NOS. W/AREA CODE 10. AGENTS PHONE NO. W/AREA CODE
a. Residence n/a 910-452-0001
910-452-0060 (fax)
b. Business 910-253-4739 This number is for Mark Brambell
who is the local contact at St James
11. STATEMENT OF AUTHORIZATION
See attached executed Statements of Authorization.
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE State Settlement Agreement - Paladin/2400 Acre tracts
13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable)
Headwaters area of Beaverdam and Polly Gully Creeks
N/A - see directions to site in Section 16 below.
15. LOCATION OF PROJECT
COUNTY Brunswick STATE North Carolina
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN Project is located adjacent to St. James Plantation near Southport, North
Carolina. The project is comprised of -3100 acres south of Hwy 211. A location map is enclosed in package.
17. DIRECTIONS TO THE SITE Take Hwy 211 west from Southport, go past St James Plantation entrance. The project is located
immediately south of Hwy 211.
18. NATURE OF ACTIVITY (Description of project, include all features) The proposed project will allow for the completion of the work
detailed within the State Settlement Agreement as amended. The work includes the filling or plugging of approximately 62,200 linear
feet of ditches (approximately 186,600 square feet or 4.28 acres of waters).
19. PROJECT PURPOSE (Describe the reason or purpose of the project) See attachment to the application.
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. REASON(S) FOR DISCHARGE To comply with the State Settlement Agreement which will allow for wetland
restoration/enhancement and the control of sedimentation/erosion.
21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS The type of material to
be discharged within the ditches is predominantfysand which was sidecast or hauled out during ditch excavation. The'par'nount of
material is approximately 82,930 cubic yards.
22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED 4.28 acres of waters in ditches.
23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? No IF YES, DESCRIBE THE COMPLETED WORK n/a
24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, Etc., WHOSE PROPERTY ADJOINS THE WATERBODY
The outflow from the ditches on the northern portion of the project is onto property owned by St James Development Co., LLC (which
is an applicant hereunder) and the outflow from the ditches on the southern portion of the project is onto property owned by The
Members Club at St James Plantation, LLC (which is an applicant hereunder) and First St James, Inc. P.O. Box 10879 Southport,
N.C. 28461.
25. UST OTHER CERTIFICATIONS OR APPROVALS/DENIALS RECEIVED FROM OTHER FEDERAL, STATE, OR LOCAL
AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
NC DLQ Sedmiment/Erosion control 990109/.390110 BR 40100 411400
Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information
in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am
acting as the duly authorized agent of the applicant
Land Management Groin
(Agent) by /
DATE
18. U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and
willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or
representations o r makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be
fined not more than $10,000 or imprisoned not more than five years or both.
Attachment to Application for Department of The Army Permit •
Proiect: State Settlement'Agreement - Paladin/2400Acre Tracts
: May 26, 2000
19. PROJECT PURPOSE
The purpose of this project is to fill or plug all remaining ditches located on the Paladin and 2400
Acre tracts. These tracts are located to the south of Highway 211, west of and adjacent to St. James
Plantation in Brunswick County. This work will be done in accordance with the Settlement
Agreement between the landowners, the NC Division of Water Quality (DWQ) and the NC Division
of Land Resources (DLR).
The original Settlement Agreement dated December 28, 1999 required the filling or plugging of
approximately 103,200 linear feet of ditches (approximately 309,600 square feet or 7.1 acres of
waters). The landowners received approval for this portion of the work under COE Nationwide 27
Permit Action I.D. 200000774, and DWQ 401 Certification Project #000093. The filling or plugging
of these ditches is expected to result in the restoration and enhancement of approximately 199 acres
of wetlands, as depicted on the map dated April 25, 2000 included with this application.
The original Settlement Agreement allowed certain ditches to remain. Pursuant to an Amendment to
Settlement Agreement now being executed, the landowners have voluntarily agreed and the State is
requiring the landowners to fill or plug all of the remaining ditches on these tracts. A copy of the
revised Settlement Agreement map produced by DWQ and dated May 11, 2000 is included with this
application.
The landowners have received approval from DLR of a Soil Erosion and Sedimentation Control Plan
covering all of the filling and plugging work. As soon as the required pre-construction meeting is held
with DLR and DWQ (scheduled for early June), the landowners are planning to proceed with the
work on the ditches covered by the existing NW 27 approval. The landowners need the COE permit
that is now being applied for in order to complete the required work under the Settlement Agreement.
The work that is not covered by the existing NW 27 approval consists of approximately 62,200 linear
feet of ditches (approximately 186,600 square feet or 4.28 acres of waters). These ditches fall into
two categories. First there are approximately 43,560 linear feet of ditches (approximately 3.0 acres
of waters) located within or adjacent to wetlands. The filling or plugging of these ditches is expected
to result in the restoration and enhancement of approximately 61 acres of wetlands, as depicted on
the April 25, 2000 map.
Second, there are approximately 18,640 linear feet of ditches (approximately 1.28 acres of waters)
located in uplands. The filling of these ditches is not expected to result in the restoration or creation
of wetlands. Mitigation is proposed for the 1.28 acres of upland ditch waters, as described and
depicted in the mitigation plan being submitted with this application.
01
Owner/Mailing List
St. James Development Co., LLC
4006 St. James Drive SE
P.O. Box 10879
Southport, N.C. 28461
Brunswick Land & Timber, LLC
222 East Meadow Rd.
P.O. Box 610
Eden, N.C. 27288
Tri-City, Inc.
36 Richmond Plaza
Highway 74
Rockingham, N.C. 28379
Tri-Brunswick, LLC
4006 St. James Drive SE
P.O. Box 10879
Southport, N.C. 28461
The Members Club at St. James Plantation, LLC
4006 St. James Drive SE
P.O. Box 10879
Southport, N.C. 28461

STATEMENT OF AUTHORIZATION
Re: Application for Department of The Army Permit
Project Name: Paladin/2400 Acre Tracts - Filling and Plugging of Ditches
I hereby authorize Land Management Group, Inc. to act in my behalf as my agent in the
preparation, submittal and processing of this application and to furnish, upon request,
supplemental information in support of this application.
ST. JAMES DEVELOPMENT CO., LLC
By: ?G
hn A. Atkinson, Manager
4?06
TRI-BRUNSWICK, LLC
By:
ohn A. Atkinson, Manager
THE MEMBERS CLUB AT ST. JAMES PLANTATION, LLC
By:
/1ohn A. Atkinson, Manager
STATEMENT OF AUTHORIZATION
Re: Application for Department of The Army Permit
Project Name: Paladin/2400 Acre Tracts - Filling and Plugging of Ditches
I hereby authorize Land Management Group, Inc. to act in my behalf as my agent in the
preparation, submittal and processing of this application and to furnish, upon request,
supplemental information in support of this application.
BRUNSWICK LAND & TIMBER, LLC
By: 2?-b
Ma garet W. Wills, Manager
STATEMENT OF AUTHORIZATION
Re: Application for Department of The Army Permit
Project Name: Paladin/2400 Acre Tracts - Filling and Plugging of Ditches
I hereby authorize Land Management Group, Inc. to act in my behalf as my agent in the
preparation, submittal and processing of this application and to furnish, upon request,
supplemental information in support of this application.
TRI-CITY, INC.
0.
By:
Claude -t. Smith, , President

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STATE SETTLEMENT TRACTS
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Notes: This map shows existing ditches to be plugged or filled and areas targeted for wetland
restoration and enhancement pursuant to issued and pending Nationwide 27 Permits. The
existing ditches fall into three general categories as follows: (1) ditches in wetlands; (2) ditches -
ad cent to wetlands (excavated along or at some distance from the edge of the wetland); and
0 upland ditches serving as downstream conveyances. Some lengths of ditch include
segments that fall into two or three categories. The plugging and filling of dityches is
anticipated to . IT in restoration and enhancement of wetland hydrology on both sides of
the ditches in the first category and in wetlands adjacent to the ditches in the second category.
The areas of anticipated restoration and enhancement on the Tri-Brunswick portion of this
map are based on a delineation of jurisdictional wetlands approved by COE on 10/04/99.
Otherwise, this map is based on aerial photos, sop maps and limited ground truthing and is a
generalized representation of areas of anticipated restoration and enhancement. In general,
restoration and enhancement to anticipated to occur for a distance of 50' from the center line of
a 2' deep ditch, 75' from the canter line of a 6' deep ditch, and 100' from the center line of a 12'
Jeep ditch (ditch depths are from the NC DWO 12/14/99 map incorporated in the Settlement Agreement).
Any areas that were originally uplands within these restoration and enhancement corridors (including gaps in some
areas between ditches in the second category and the original wetland line) will not be
required to be converted to wetlands as part of this project. A-,
/
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TRACTS SUBJECT TO 12/28/99
SETTLEMENT AGREEMENT
BRUNSWICK CO., NC.
Map Produced
April 25, 2000
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Ditches to be filled or plugged as per NCDWQ Dec 14, 1999 map, 12/28/99
settlement agreement, COE Nationwide 27 hermit, Action I.D. 200000774
DWQ 401 certification, Project # 000093
DCM 2/17/2000 Consistency Approval.
Anticipated restoration and enhancement areas under existing permit "Approx. 199 Ac."
Anticipated restoration and enhancement areas under pending permit "Approx. 61 Ac."
------ Additional ditches to be Plugged ------ 2' Depth
Additional ditches to be Filled ------ 6' Depth
• Proposed Ditch Plug
--?_.? - ..• _ _ 12 Death 40
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MITIGATION PLAN
PREPARED FOR THE CORPS OF ENGINEERS
FOR
IMPACTS TO "WATERS OF THE UNITED STATES"
STATE SETTLEMENT AGREEMENT
PALADIN/ 2400 ACRE TRACTS
BRUNSWICK COUNTY
NORTH CAROLINA
MAY, 2000
LAND MANAGEMENT GROUP, INC.
WILMINGTON, N.C.
INTRODUCTION:
The December 28, 1999 Settlement Agreement between the owners of the Paladin and 2400 Acre
tracts (Settlement Tracts) and the NC Division of Water Quality (DWQ) and the NC Division of Land
Resources (DLR) required the filling and plugging of approximately 103,200 linear feet of ditches
(approximately 309,600 square feet or 7.1 acres of "Waters"). The landowners applied for and
received authorization for this work under COE Nationwide 27 Permit Action I.D. 200000774, and
DWQ 401 Certification Project #000093. The filling or plugging of these ditches is expected to
restore and enhance approximately 199 acres of wetlands.
An Amendment to the Settlement Agreement is now being executed as a result of the landowner's
desire to voluntarily fill and plug all of the remaining ditches which were not required to be filled or
plugged under the original Settlement Agreement. As a result of the amended Settlement Agreement,
the State is now also requiring that the remaining ditches be filled or plugged. The landowners have
received approval from DLR of a Soil Erosion and Sedimentation Control Plan which covers all of
the ditch filling and plugging work. A required pre-construction meeting will be held with DLR and
DWQ in early June after which, the landowners are planning to proceed with work on the ditches
covered by the existing NW 27 approval. The landowners must obtain the COE Individual Permit
which is being applied for now in order to complete the required work under the amended Settlement
Agreement.
The work that is not covered by the existing NW 27 authorization consists of approximately 62,200
linear feet of ditches (approximately 186,000 square feet or 4.28 acres of "Waters"). These ditches
fall into two categories. First there are approximately 43,560 linear feet of ditches (approximately 3.0
acres of "Waters") located within or adjacent to wetlands. The filling or plugging of these ditches is
expected to result in the restoration and enhancement of approximately 61 acres of wetlands as
depicted on the April 25, 2000 map included with the application.
Second, there are approximately 18,640 linear feet of ditches (approximately 1.28 acres of "Waters")
located in uplands. The filling of these ditches is not expected to result in the restoration or
enhancement of wetlands. Mitigation is proposed for the 1.28 acres of upland ditch "Waters" as
described within this document.
EXISTING SITE CONDITIONS:
The mitigation site is located on the eastern side of the Paladin Tract approximately 2700 feet south
of Highway 211 on the west side of St. James Drive. The northern edge of the site is bounded by an
existing woods road which runs from St. James Drive into the Paladin Tract. This woods road near
the site represents the southern limits of a potential future road right of way into the tract.
The site currently features two connected small sediment ponds with a 195 foot long grass Swale
outlet to the west which allows water to flow into a lower landscape position before sheet flowing
into the upper end of a 404 wetland. No planned mitigation work will be conducted within this
wetland. The northern existing pond also features an emergency overflow outlet which crosses under
St. James Drive to the east. The existing sediment ponds receive water from the existing ditch system
on the Paladin Tract. Flows to the ponds. will be terminated by the backfilling of ditches to the north
as part of the State Settlement Agreement. Vegetation with the exception of a small arelt along the
immediate woods road, the existing pond/ditch spoil area and a narrow area on either side of the grass
swale consists of a pine overstory with a mixed native understory featuring upland shrubs typical of
the local Mandarin fine sand and dry phase Leon fine sand soil types. These include dwarf azalea,
American holly, gallberry, waxmyrtle, blueberry, greenbrier, wiregrass, running vaccinium, and red
bay.
PLANNED MITIGATION WORK:
Following the blockage of water inflow associated with the nearby connecting ditch backfilling, the
small sediment ponds will no longer function as sediment basins for the treatment of moving water.
The pond will be excavated to a depth of approximately 11 feet below ground surface to produce a
finish water depth of approximately 6 feet and a 5 foot high pond bank shaped to form a 3:1 slope.
The total pond surface area will be approximately 1.3 acres. Access to the excavation area will be
limited to the northern end of the site along the woods road to preserve the existing surrounding
mixed vegetation. Spoil from the pond excavation will be stockpiled at a designated area nearby for
later use by contractors. The existing emergency overflow outlet on the east side of the site will be
closed off.
The majority of the existing grass swale will remain outside of the pond excavation area and will be
the lowest elevation point surrounding the pond edge. As a result, any overflow from the pond will
continue to be through the established swale toward the wetland. The proposed pond will not be
utilized as a future stormwater treatment or sediment pond.
Following excavation, the limited disturbed area outside the pond bank will be planted with mixed
native vegetation to include loblolly pine, long leaf pine, black gum and turkey oak trees with an
associated shrub assortment to include American holly, blueberry, gallberry and waxmyrtle. The pond
banks will be planted with a seed mixture including millet and coastal bermuda. This will allow for
the rapid stabilization of the sloping bank. The pond bank will not be maintained in a mowed
condition and therefor will allow for the wildlife utilization of the millet seed food source and ground
cover. Other native ground cover types present within the preserved buffer outside the pond bank
area will be allowed to naturally volunteer into the sloped bank area through seed source dispersal
or rhizomal spreading. The overall vegetated buffer will be a minimum of 30' wide.
MITIGATION BENEFITS:
The proposed mixed vegetated buffer will provide several aquatic habitat functions for the open water
pond. These include benefits to the established aquatic habitat through the maintenance and
enhancement of local water quality, the moderation of water temperatures, and the supply of detritus
for the base levels of the aquatic food web. Other benefits related to the overall mitigation project are
the creation of habitat diversity suitable for fish, amphibians and reptiles; the provision of a foraging
and watering site for terrestrial wildlife and waterfowl; and the preservation of a vegetated shelter
area (see attached photo page).
MONITORING:
1 i
Following the excavation and the proposed plantings within the mitigation site, an "as-built" map will
be prepared to document dimensions, vegetation and conditions present. The map with a narrative
description and site photographs of the completed site will be submitted to the Corps of Engineers.
Follow-up submittals documenting planting survival, buffer preservation, habitat conditions and any
prescribed corrective actions will be submitted to the Corps on an annual basis for five years or until
the mitigation has been deemed by the Corps to be successful. The mitigation site will remain open
for periodic inspection by Corps representatives at any time.

WATERS OF THE US MITIGATION
STATE SETTLEMENT TRACTS
FOR 1.28 ACRES OF WATERS IMPACT,
DITCHES TO BE FILLED - >
UTHERN LIMITS OF NEW ROAD RIW
3:1 POND BANK
NATIVE VEGETATED BUFFER
MINIMUM 30' TOTAL WIDTH
e? WETLAND
EXISTING GRASS SWALE /

PROPOSEPOND
SURFACE = 1.3 ACRES
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POND IS APPROXIMATELY
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NATIVE VEGETATED BUFFER TO BE
PRESERVED OR ESTABLISHED AROUND POND

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John Dorney
Division of Water Quality
4401 Reedy Creek Road
Raleigh, N.C. 27607
Re: Individual Permit/401 Certification, Paladin/2400 Acre tact
177 ,..
{W R'Gi-ioUP
M!14TTER !IA fTY "EC !"
Dear John,
I have enclosed seven (7) copies of the application materials for an Individual Permit from the Corps
of Engineers and for the issuance of a 401 Water Quality Certification from DWQ. Also enclosed are
seven (7) copies of the mitigation plan prepared for the Corps of Engineers for impacts to "Waters
of the US" located in upland ditches. No fee for the 401 Certification is enclosed as previously
discussed. Please proceed with your review process for this application and contact me with any
questions you may have. Thank you for your assistance.
Sincerely,
Steve Morrison
Environmental Consultant
encl: application and mitigation plan copies

APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
Privacy Act Statement
1
Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable
waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the
purpose of dumping it into ocean waters. Routing Uses: Information provided on this form will be used in evaluating this application for a permit.
Disclosure; Disclosure of requested information Is voluntary. If Information Is not provided however, the permit application cannot be processed nor can a
permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity.
An application that is not completed in full will be returned
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 12. FIELD OFFICE CODE 13. DATE RECEIVED 14. DATE APPL. COMPLETE
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANTS NAME 8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not
See attached owner/mailing list required) Steve Morrison
Environmental Consultant
Land Management Group, Inc.
6. APPLICANTS ADDRESS 9. AGENT'S ADDRESS Land Management Group, Inc.
See attached owner/mailing list P.O. Box 2522
Wilmington, NC 28402
7. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NO. W/AREA CODE
a. Residence n/a 910-452-0001
910-452-0060 (fax)
b. Business 910-253-4739 This number is for Mark Brambell
who is the local contact at St. James
11. STATEMENT OF AUTHORIZATION
See attached executed Statements of Authorization.
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE State Settlement Agreement - Paladin/2400 Acre tracts
13. NAME OF WATERBODY, IF KNOWN (if applicable) 114. PROJECT STREET ADDRESS (if applicable)
Headwaters area of Beaverdam and Polly Gully Creeks J
15. LOCATION OF PROJECT
N/A - see directions to site in Section 16 below.
COUNTY Brunswick STATE North Carolina
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN Project is located adjacent to St. James Plantation near Southport, North
Carolina. The project is comprised of 3100 acres south of Hwy 211. A location map is enclosed in package.
17. DIRECTIONS TO THE SITE Take Hwy 211 west from Southport, go past St. James Plantation entrance. The project is located
immediately south of Hwy 211.
18. NATURE OF ACTIVITY (Description of project, include all features) The proposed project will allow for the completion of the work
detailed within the State Settlement Agreement as amended. The work includes the filling or plugging of approximately 62,200 linear
feet of ditches (approximately 186,600 square feet or 4.28 acres of waters).
19. PROJECT PURPOSE (Describe the reason or purpose of the project) See attachment to the application.
. CHARGED
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS I gI35'C"
+'tr
/
;rj!JP
20. REASON(S) FOR DISCHARGE To comply with the State Settlement Agreement which will allow for wetland
restoration/enhancement and the control of sedimentation/erosion.
21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS The type of material to
be discharged within the ditches is predominantly sand which was sidecast or hauled out during ditch excavation. The amount of
material is approximately 82,930 cubic yards.
22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED 4.28 acres of waters in ditches.
23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? No IF YES, DESCRIBE THE COMPLETED WORK. n/a
24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, Etc., WHOSE PROPERTY ADJOINS THE WATERBODY
The outflow from the ditches on the northern portion of the project is onto property owned by St. James Development Co., LLC (which
is an applicant hereunder) and the outflow from the ditches on the southern portion of the project is onto property owned by The
Members Club at St. James Plantation, LLC (which is an applicant hereunder) and First St. James, Inc. P.O. Box 10879 Southport,
N.C. 28461.
25. LIST OTHER CERTIFICATIONS OR APPROVALS/DENIALS RECEIVED FROM OTHER FEDERAL, STATE, OR LOCAL
AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
NC DLQ SedmimentlErosion control 990109/990110 BR 4100 4/1400
Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information
in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am
acting as the duly authorized agent of the applicant.
Land Management Group,
-
(Agent) by i /
DATE
18. U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and
willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or
representations o r makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be
fined not more than $10,000 or imprisoned not more than five years or both.
0
ID
Attachment to Application for Department of The Army Permit
Project: State Settlement Agreement - Paladin/2400Acre Tracts
Date of pplication: May 26, 2000
19. PROJECT PURPOSE
The purpose of this project is to fill or plug all remaining ditches located on the Paladin and 2400
Acre tracts. These tracts are located to the south of Highway 211, west of and adjacent to St. James
Plantation in Brunswick County. This work will be done in accordance with the Settlement
Agreement between the landowners, the NC Division of Water Quality (DWQ) and the NC Division
of Land Resources (DLR).
The original Settlement Agreement dated December 28, 1999 required the filling or plugging of
approximately 103,200 linear feet of ditches (approximately 309,600 square feet or 7.1 acres of
waters). The landowners received approval for this portion of the work under COE Nationwide 27
Permit Action I.D. 200000774, and DWQ 401 Certification Project #000093. The filling or plugging
of these ditches is expected to result in the restoration and enhancement of approximately 199 acres
of wetlands, as depicted on the map dated April 25, 2000 included with this application.
The original Settlement Agreement allowed certain ditches to remain. Pursuant to an Amendment to
Settlement Agreement now being executed, the landowners have voluntarily agreed and the State is
requiring the landowners to fill or plug all of the remaining ditches on these tracts. A copy of the
revised Settlement Agreement map produced by DWQ and dated May 11, 2000 is included with this
application.
The landowners have received approval from DLR of a Soil Erosion and Sedimentation Control Plan
covering all of the filling and plugging work. As soon as the required pre-construction meeting is held
with DLR and DWQ (scheduled for early June), the landowners are planning to proceed with the
work on the ditches covered by the existing NW 27 approval. The landowners need the COE permit
that is now being applied for in order to complete the required work under the Settlement Agreement.
The work that is not covered by the existing NW 27 approval consists of approximately 62,200 linear
feet of ditches (approximately 186,600 square feet or 4.28 acres of waters). These ditches fall into
two categories. First there are approximately 43,560 linear feet of ditches (approximately 3.0 acres
of waters) located within or adjacent to wetlands. The filling or plugging of these ditches is expected
to result in the restoration and enhancement of approximately 61 acres of wetlands, as depicted on
the April 25, 2000 map.
Second, there are approximately 18,640 linear feet of ditches (approximately 1.28 acres of waters)
located in uplands. The filling of these ditches is not expected to result in the restoration or creation
of wetlands. Mitigation is proposed for the 1.28 acres of upland ditch waters, as described and
depicted in the mitigation plan being submitted with this application.
Owner/Mailing List
St. James Development Co., LLC
4006 St. James Drive SE
P.O. Box 10879
Southport, N.C. 28461
Brunswick Land & Timber, LLC
222 East Meadow Rd.
P.O. Box 610
Eden, N.C. 27288
Tri-City, Inc.
36 Richmond Plaza
Highway 74
Rockingham, N.C. 28379
Tri-Brunswick, LLC
4006 St. James Drive SE
P.O. Box 10879
Southport, N.C. 28461
The Members Club at St. James Plantation, LLC
4006 St. James Drive SE
P.O. Box 10879
Southport, N.C. 28461

STATEMENT OF AUTHORIZATION
Re: Application for Department of The Army Permit
Project Name: Paladin/2400 Acre Tracts - Filling and Plugging of Ditches
I hereby authorize Land Management Group, Inc. to act in my behalf as my agent in the
preparation, submittal and processing of this application and to furnish, upon request,
supplemental information in support of this application.

ST. JAMES DEVELOPMENT CO., LLC
By: a,'-Or G
////6 A. Atkinson, Manager
TRI-BRUNSWICK, LLC
By.
ohn A. Atkinson, Manager
THE MEMBERS CLUB AT ST. JAMES PLANTATION, LLC
By: - li
ohn A. Atkinson, Manager
1
/ HdDOCSUAM\STIAMES\DGVEI.OP\PERMITS4AUTHOR-1 WPD
10
STATEMENT OF AUTHORIZATION
Re: Application for Department of The Army Permit
Project Name: Paladin/2400 Acre Tracts - Filling and Plugging of Ditches
I hereby authorize Land Management Group, Inc. to act in my behalf as my agent in the
preparation, submittal and processing of this application and to furnish, upon request,
supplemental information in support of this application.
10
BRUNSWICK LAND & TIMBER, LLC
Y• Alidj(11`?'?'-?)
Ma garet W. Wills, Manager
P
11 H:IDOCSU ANISTIANI ESIDr V ELOP?PERhf ITS AUINOR 2. W PD

STATEMENT OF AUTHORIZATION
Re: Application for Department of The Army Permit
Project Name: Paladin/2400 Acre Tracts - Filling and Plugging of Ditches
I hereby authorize Land Management Group, Inc. to act in my behalf as my agent in the
preparation, submittal and processing of this application and to furnish, upon request,
supplemental information in support of this application.
0
TRI-CITY, INC.
By:
P
Claude'P. Smith, JY, President
H:\DOC SU AWST)AN ES\DEVFLOP\PERSI ITS\ALTHOR 3.WPD
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STATE SETTLEMENT TRACTS Wilmington, N.C.
BRUNSWICK COUNTY, N.C. MAY, 2000

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STATE SETTLEMENT TRACTS Wilmington, N.C. Southport & Lockwood Folly
BRUNSWICK COUNTY, N.C. MAY, 2000 Quad Sheets
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WETLAi4bS GROUP-
WATER UAfLF",` SCCfu?
MITIGATION PLAN
PREPARED FOR THE CORPS OF ENGINEERS
FOR
IMPACTS TO "WATERS OF THE UNITED STATES"
STATE SETTLEMENT AGREEMENT
PALADIN/ 2400 ACRE TRACTS
BRUNSWICK COUNTY
NORTH CAROLINA
MAY, 2000
1
LAND MANAGEMENT GROUP, INC.
WILMINGTON, N.C.

0
INTRODUCTION:
The December 28, 1999 Settlement Agreement between the owners of the Paladin and 2400 Acre
tracts (Settlement Tracts) and the NC Division of Water Quality (DWQ) and the NC Division of Land
Resources (DLR) required the filling and plugging of approximately 103,200 linear feet of ditches
(approximately 309,600 square feet or 7.1 acres of "Waters"). The landowners applied for and
received authorization for this work under COE Nationwide 27 Permit Action I.D. 200000774, and
DWQ 401 Certification Project #000093. The filling or plugging of these ditches is expected to
restore and enhance approximately 199 acres of wetlands.
An Amendment to the Settlement Agreement is now being executed as a result of the landowner's
desire to voluntarily fill and plug all of the remaining ditches which were not required to be filled or
plugged under the original Settlement Agreement. As a result of the amended Settlement Agreement,
the State is now also requiring that the remaining ditches be filled or plugged. The landowners have
received approval from DLR of a Soil Erosion and Sedimentation Control Plan which covers all of
the ditch filling and plugging work. A required pre-construction meeting will be held with DLR and
DWQ in early June after which, the landowners are planning to proceed with work on the ditches
covered by the existing NW 27 approval. The landowners must obtain the COE Individual Permit
which is being applied for now in order to complete the required work under the amended Settlement
Agreement.
The work that is not covered by the existing NW 27 authorization consists of approximately 62,200
linear feet of ditches (approximately 186,000 square feet or 4.28 acres of "Waters"). These ditches
fall into two categories. First there are approximately 43,560 linear feet of ditches (approximately 3.0
acres of "Waters") located within or adjacent to wetlands. The filling or plugging of these ditches is
expected to result in the restoration and enhancement of approximately 61 acres of wetlands as
depicted on the April 25, 2000 map included with the application.
Second, there are approximately 18,640 linear feet of ditches (approximately 1.28 acres of "Waters")
located in uplands. The filling of these ditches is not expected to result in the restoration or
enhancement of wetlands. Mitigation is proposed for the 1.28 acres of upland ditch "Waters" as
described within this document.
EXISTING SITE CONDITIONS:
The mitigation site is located on the eastern side of the Paladin Tract approximately 2700 feet south
of Highway 211 on the west side of St. James Drive. The northern edge of the site is bounded by an
existing woods road which runs from St. James Drive into the Paladin Tract. This woods road near
the site represents the southern limits of a potential future road right of way into the tract.
The site currently features two connected small sediment ponds with a 195 foot long grass swale
outlet to the west which allows water to flow into a lower landscape position before sheet flowing
into the upper end of a 404 wetland. No planned mitigation work will be conducted within this
wetland. The northern existing pond also features an emergency overflow outlet which crosses under
St. James Drive to the east. The existing sediment ponds receive water from the existing ditch system
C

on the Paladin Tract. Flows to the ponds will be terminated by the backfilling of ditches to the north
as part of the State Settlement Agreement. Vegetation with the exception of a small area along the
immediate woods road, the existing pond/ditch spoil area and a narrow area on either side of the grass
swale consists of a pine overstory with a mixed native understory featuring upland shrubs typical of
the local Mandarin fine sand and dry phase Leon fine sand soil types. These include dwarf azalea,
American holly, gallberry, waxmyrtle, blueberry, greenbrier, wiregrass, running vaccinium, and red
bay.
PLANNED MITIGATION WORK:
Following the blockage of water inflow associated with the nearby connecting ditch backfilling, the
small sediment ponds will no longer function as sediment basins for the treatment of moving water.
The pond will be excavated to a depth of approximately 11 feet below ground surface to produce a
finish water depth of approximately 6 feet and a 5 foot high pond bank shaped to form a 3:1 slope.
The total pond surface area will be approximately 1.3 acres. Access to the excavation area will be
limited to the northern end of the site along the woods road to preserve the existing surrounding
mixed vegetation. Spoil from the pond excavation will be stockpiled at a designated area nearby for
later use by contractors. The existing emergency overflow outlet on the east side of the site will be
closed off.
The majority of the existing grass swale will remain outside of the pond excavation area and will be
the lowest elevation point surrounding the pond edge. As a result, any overflow from the pond will
continue to be through the established swale toward the wetland. The proposed pond will not be
utilized as a future stormwater treatment or sediment pond.
Following excavation, the limited disturbed area outside the pond bank will be planted with mixed
native vegetation to include loblolly pine, long leaf pine, black gum and turkey oak trees with an
associated shrub assortment to include American holly, blueberry, gallberry and waxmyrtle. The pond
banks will be planted with a seed mixture including millet and coastal bermuda. This will allow for
the rapid stabilization of the sloping bank. The pond bank will not be maintained in a mowed
condition and therefor will allow for the wildlife utilization of the millet seed food source and ground
cover. Other native ground cover types present within the preserved buffer outside the pond bank
area will be allowed to naturally volunteer into the sloped bank area through seed source dispersal
or rhizomal spreading. The overall vegetated buffer will be a minimum of 30' wide.
MITIGATION BENEFITS:
The proposed mixed vegetated buffer will provide several aquatic habitat functions for the open water
pond. These include benefits to the established aquatic habitat through the maintenance and
enhancement of local water quality, the moderation of water temperatures, and the supply of detritus
for the base levels of the aquatic food web. Other benefits related to the overall mitigation project are
the creation of habitat diversity suitable for fish, amphibians and reptiles; the provision of a foraging
and watering site for terrestrial wildlife and waterfowl; and the preservation of a vegetated shelter
area (see attached photo page).
P
1
MONITORING:
Following the excavation and the proposed plantings within the mitigation site, an "as-built" map will
be prepared to document dimensions, vegetation and conditions present. The map with a narrative
description and site photographs of the completed site will be submitted to the Corps of Engineers.
Follow-up submittals documenting planting survival, buffer preservation, habitat conditions and any
prescribed corrective actions will be submitted to the Corps on an annual basis for five years or until
the mitigation has been deemed by the Corps to be successful. The mitigation site will remain open
for periodic inspection by Corps representatives at any time.
1
WATERS OF THE US MITIGATION
STATE SETTLEMENT TRACTS
FOR 1.28 ACRES OF WATERS IMPACT
0
DITCHES TO BE FILLED
ERN LIMITS OF NEW ROAD R/W
3:1 POND BANK
NATIVE VEGETATED BUFFER
MINIMUM 30' TOTAL WIDTH
WETLAND
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EXISTING GRASS SWALE /
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/ PROPOSED POND
SURFACE = 1.3 ACRES
NATIVE VEGETATED BUFFER TO BE
PRESERVED OR ESTABLISHED AROUND POND
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2 POND IS APPROXIMATELY
COP 2700' FROM HIGHWAY 211
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P,
PHOTOS
TYPICAL OWATERS" IN

TO BE FILLED
LAND MANAGEMENT GROUP, INC.

REPRESENTATIVE POND SHOWING VEGETATED BUFFER AND AQUATIC HABITAT