20010100 Ver 1_COMPLETE FILE_20010125

C•? W A ?
Michael F. Easley
QG Governor
Vj 7 William G. Ross, Jr., Secretary
1 _ s l y Department of Environment and Natural Resources
0 ? 1 Kerr T. Stevens
1%VM1WW' Division of Water Quality
February 23, 2001
DWQ# 01-0100
Brunswick County
First St. James, Inc.
C/o Steve Morrison
P.O. Box 10879
Southport, NC, 28461
APPROVAL of 401 Water Quality Certification
Dear Mr. Morrison:
You have our approval, in accordance with the attached conditions, to fill 4,452 linear feet of ditches in order to
construct a wetlands restoration project for Sections 23A and 24, Phase II, St. James Plantation in Brunswick County, as
described in your application received by the Division of Water Quality on January 25, 2001. After reviewing your
application, we have determined that this fill is covered by General Water Quality Certification Number 3256. This
Certification allows you to use Nationwide Permit Number 27 when it is issued by the U.S. Army Corps of Engineers. 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, Non-Discharge and Water Supply Watershed regulations. Also this approval will
expire when the accompanying 404 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 for a new certification. If the property is
sold, the new owner must be given a copy of the 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). 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.
Sincerely,
-- --- - _._.
---------------------- ------ ----- --. <U_
Ulf
Stevens
Attachment
cc: Corps of Engineers Wilmington Regulatory Field Office
Wilmington DWQ Regional Office
Central Files
File Copy
Steve Morrison, P.O. Box 2522, Wilmington, NC, 28402
010100
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
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MEMORANDUM
TO: John Dorney Regional Contact: J. Steenhuis
Non-Discharge Branch WO Supervisor: Sick Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name First St. James, Inc
Project Number 01 0100
Recvd From APP
Received Date 1/25/01 Recvd By Region
Project Type wetland restoration
County Brunswick
County2
Region Wilmington
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
27 ? O YO N ? 18-88-9-(3. SC F_ 30,617. ? F__
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y O N
Have Project Changes/Conditions Been Discussed With. Applicant? O Y O N
Is Mitigation required? O Y O N Recommendation: OQ Issue O Issue/fond p Deny
Provided by Region: Latitude (ddmmss) 335621 Longitude (ddmmss) 780734
Comments:
This office has no objection to the eject as proposed,
cc: Regional Office
Central Office Page Number 1
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5. W.' J WWWOWton, M 28403
John Dorney 010100
Division of Water Quality
1621 Mail Service Center
Raleigh, N.C. 27699-1621
Re: 401 Certification Pre-Construction Notification Application (PCN),
Sections 23A and 24, Phase H, St, James Plantation, First St. James, Inc.
Dear John,
I have enclosed seven (7) copies of the application materials for a Nationwide 27 Permit and 401
Certification for Sections 23A and 24, Phase H, St. James Plantation. Through site examinations and
coordination with Danny Smith and Joanne Steenhuis of DWQ and Carol Miller of DLR, we have
produced a Corrective Action Plan for this area (copy enclosed). Danny Smith has reviewed the Plan
and has instructed the owners to proceed with the necessary permitting. The purpose of the proposed
work is to restore and enhance wetlands and to obtain water quality benefits. This will be
accomplished by the filling of approximately 4,452 linear feet of ditches (.31 acres of waters of the
US) and other stabilization measures and controls designed to support water quality.
As required, a copy of this application has been sent to the Corps of Engineers for review and
authorization. As you have seen with earlier such submittals, the owners are ready to proceed with this
work in a timely manner. Please contact me with any questions you may have regarding these
application materials.
Sincerely, PAYMENT
RECEIVED
Steve Morriso
Environmental Consultant
encl: PCN application materials, Corrective Action Plan, $200 application fee
cc: First St. James
010100.
DWQ ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 27
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
O
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
WATER QUALITY (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME First St. James Inc.
2. MAILING ADDRESS: P.O. Box 10879
Southport. N.C. 28461
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING
ADDRESS ABOVE): Sections 23A and 24, Phase II
St. James Plantation
Property +/- 5 miles west of hwy 1331211 intersection
3. TELEPHONE NUMBER (HOME): N/A
(WORK): 910-253-4739. Mark Brambell, on-site contact M ?
C7
4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: M
.< M
M ZE!
Land Management Group, Inc. V--:7 --?
MAILING ADDRESS: PHYSICAL ADDRESS: TELEPHONE:
P.O. Box 2522 3805 Wrightsville Ave., #14 office [phone]
Wilmington, N.C. 28402 Wilmington, N.C. 28403 fax [phone]
Statement of Authorization:
I hereby authorize Land Management Group, Inc. to act in my behalf as my agent in the processing of this
application and to furnish, upon request, supplemental information in support of this permit application.
` Applicant v t Date
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.):
From Southport, west on hwy 211 to St. James Plantation entrance. South on St. James Drive to Members
Club Blvd. South on Mashie Way to Medinah Ave. Property on south side of Medinah Ave.
6. IMPACTED OR NEAREST STREAM/RIVER: Middle Swamp 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 [ ] NO [ X ] IF YES EXPLAIN:
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, WHAT IS THE LAND USE PLAN (LUP)
DESIGNATION? Transitional
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY?
YES [' ] NO [X] IF `YES, PROVIDE ACTION ID NUMBER OF PREVIOUS PERMIT AND ADDITIONAL
INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES [ ] NO [X] IF YES, DESCRIBE ANTICIPATED WORK: N/A
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND 44 45 acres in both sections
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: +/-15 acres-
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: N/A ' EXCAVATION: N/A
' FLOODING: N/A OTHER: N/A
DRAINAGE: N/A TOTAL ACRES TO BE IMPACTED: N/A
Ditches to be filled for wetland restoration/enhancement and DWQ/DLR compliance. See item 12 below.
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED.PROJECT (IF RELOCATED, PROVIDE
DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE N/A FT. AFTER: N/A FT.
WIDTH BEFORE (based on normal high water contours): N/A FT.
AVG DEPTH BEFORE: N/A FT. AFTER: N/A FT.
(2) STREAM CHANNEL IMPACT WILL RESULT FROM:(CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: ` N/A PLACEMENT OF PIPE IN CHANNEL: N/A
CHANNEL EXCAVATION: N/A CONSTRUCTION OF A DAM: NIA
FLOODING: N/A OTHER: N/A
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING
TO THE POND? +/- 40 acres
WHAT IS THE EXPECTED POND SURFACE AREA? 3 proposed ponds totaling +/-1.8 acres
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACHED PLANS: 8 1/2" X 11" DRAWINGS ONLY):
See attached Corrective Action Plan. Equipment types include trackhoe, dozer, trucks.
13. PURPOSE OF PROPOSED WORK: See Attachment to Pre-Construction Notification Application for
Nationwide Permit 27 and 401 Certification.
14 STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS.
(INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
Required for wetland enhancement area as shown on Corrective Action Plan.
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
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 MAYBE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: No longer contact per their reguest
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE)
LAND?
YES [ ] NO [X] (IF NO, GO TO 18)
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY
INVOLVES THE DISCHARGE OF EXCAVATEDOR 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, and Open Space
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A
g., SIGNED-AND DATED AGENT AUTHORIZATION STATEMENT, 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 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. _

O R'S/AGENT'S SIGNATURE BATE
(AGENTS SIGNATURE VALID ONLY IF
AUTHORIZATION STATEMENT IS SIGNED ABOVE):
Attachment to Pre-Construction Notification Application
for Nationwide Permit 27 and 401 Certification
Project: Sections 23A and 24, Phase 11, St. James Plantation
Brunswick County, North Carolina
Date of AMlicatio : January !o , 2001
13. PURPOSE OF PROPOSED WORK:
This project involves the filling of existing ditches in Sections 23A and 24. The
purpose of the project is to restore and enhance wetlands and to obtain water quality benefits
requested-by the Division of Water Quality ("DWQ") of the North Carolina Department of
Environment and Natural Resources ("DENR"). This work will be done in accordance with
the Corrective Action Plan revised December 18, 2000, a copy of which is being submitted
with this Application. Approximately 4,452 linear feet of ditches will . be filled. The filled
ditches will be returned to grade and stabilized with vegetative ground cover.
In Section 23A, the ditch filling (approximately 3,726 linear feet) is anticipated to result.
in restoration of approximately 2 acres. of wetlands. A new pond on the west side of Medinah
Avenue will act as a level spreader for the wetland restoration area. The restoration area and
the existing wetlands to the south of Section 23A will remain as open space.
In the area on the east end of Section 24, the ditch filling (approximately 726 linear
feet) is anticipated to result in enhancement of hydrology within approximately 1.57 acres of
existing wetlands. These wetlands will remain as open space.
The Corrective Action Plan has been submitted to and reviewed by DWQ, which. has
instructed the applicant to proceed with submittal of this Pre-Construction Notification
Application. This Application is being submitted concurrently to the Corps of Engineers and
DWQ. The applicant has also submitted an. Erosion and Sedimentation ? Control Plan to the
Division of Land Resources of DENR.
D

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FIRST ST. JAMES, INC. / OPERATING ACCOUNT
DIVISION OF WATER QUALITY
SEC 23A
1/12/2001
0131-23
200. 00
BB&T MAIN AC SEC 23A 200.00