19880231 Ver 1_COMPLETE FILE_19880101

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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street * Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary September 27, 1988 Director
Mr. Rob Moul
Timber and Land Management
Consultants, Inc.
P.O. Box 1471
Wilmington, NC 28402-1471
Subject: Proposed Fill in
Headwaters or Isolated
Wetlands
Magnolia Plantation
Subdivision
New Hanover County
Dear Mr. Moul:
Upon review of your request for Water Quality
Certification to place fill material in an isolated wetland
area, we have determined that the proposed fill can be
covered by General Water Quality Certification No. 2176
issued November 4, 1987. A copy of the General
Certification is attached. This Certification may be used
in qualifying for coverage under Corps of Engineers'
Nationwide Permit No. 26.
If you have any questions, please contact
$11 Mills at
919/733-5083.
Sincerely,
Original Signed 8y
William C. Mills
For R. Paul Wilms
RPW/dkb
Attachment
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
pollution prevention Pass
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
IAPIF

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August 30, 1988
Mr. Bill Mills
Division of Environmental Management
P.O. Box 27687
Raleigh, NC 27611
Dear Bill:
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Enclosed is a 401 Certification Request to place approximately
5,900 c.y. of fill dirt, asphalt and/or ABC stone over 3.98 acres
of isolated wetlands for improvements to a new subdivision located
at "Magnolia Plantation" near Wilmington, New Hanover County. The
wetlands have been flagged and surveyed and are identified on the
plat. The nationwide permit #26 is attached for your information.
These isolated 404 wetlands are located in the upland flats
and side slopes on hard pan soils. The applicants, Masonboro Land
Development Co., wish to root rake and landscape the site and place
fill materials for improvements as illustrated in the shaded areas
on the plat.
Thank you for your consideration of this 401 Certification
Request. Should you have any questions, please advise.
Sincerely, ;
Robert L. Mo 1
Land Use Consultant
RLM/nm
enclosures
W%
APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION **401**
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina
(GS 146.12) Department of Natural Resources and Community Development
(GS 113.229, 143-215.3(a)(1), 143-215.3(c), 113A-118
Please type or print and fill in all blanks. If information is not applicable, so indicate by r
"Magnolia Plantation"
Depar nfg'Aray 8 x
Corps n rs ilm n jyn Fist
(33 CF R2 9"320.329)
dating N/A in blank.
1. Applicant Information
A. Name c/o Timber & Land Management C_nnGnl tanf -r Tnn,
Last First Middle
B. Address P.O. Box 1471
Street, P. O. Box or Route
_ Wilmington, NC 28405 343-0172
City or Town State Zip Code Phone
11. Location of Proposed Project:
A. County New Hanover
B. 1. City, town, community or landmark Junction of Masonboro T nnp Rr1?Czoiipd RA
2. Is proposed work within city limits? Yes No X
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Small branch
+/- 2,000 ft to east of AIWW
111. Description of Project
A. 1. Maintenance of existing project 2. New work 66 lot residential subd vi Ginn
B. Purpose of excavation or fill
1. Access channel length width depth
2. Boat basin length width depth
as as
3. Fill area Road & buildingslength width_depth +/- 1 ftF
4. Other length width depth
C. 1. Bulkhead length N/A Average distance waterward of MHW (shoreline)
2. Fype of bulkhead construction (material) N/A
D. Excavated material (total for project)
1. Cubic yards N/A 2. Type of material
E. Fill material to be placed below MHW (see also V I. A)
1. Cubic yards +/- 5, 900 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes Y_ No
B. Does the disposal area include any marshland, swamps or other wetland? Yes X No
C. Disposal Area N/A
1. Location
2. Do you claim title to disposal area? NIA
D. Fill material source if fill is to be trucked in Upland borrow area and Sand nn--,i i-o,
E. How will excavated material be entrapped and erosion controlled? N/A
I . I ype of equipment to be used 'Dozer, an and scraper
G. Will marshland be crossed in transporting equipment to project site? If yes, explain No
&F-E1
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V. Intended bse of Project Area (Describe)
A. 1. Private
2. Commercial
3. Housing Development or Industrial 66 lot subdivision
4. Other
B. I. Lot size(s) 35.5 acre tract
2. Elevation of lot(s) above mean high water +/- 18 ft. MSL
3. Soil type and texture Leon fine sand upland; Muriville wetlands
4. Type of building facilities or structures Paved road, houses and driveways
5. Sewage disposal and/or waste water treatment A. Existing Planned X
B. Describe r,-nt-r;;1_ Gra to J -n rnnn+-y
6. 'Land Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No_
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes-No X
2. Type of discharge N/A
3. Location of discharge N/A
VII. Present rate of shoreline erosion (if known): N/A
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: Army Corps Nationwide Permit Nos 12 & 26
IX. Length of time required to complete project: 3-6 months
X. In addition to the completed application form, the following items must be provided:
N/A A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
'Attached B. Attach an accurate work plat drawn to scale on 8%z X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
` C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served r1 / A
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
N/A
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
X11. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE August 30 88 W
Applicant's ignature
o SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
Rev. . 10/78

--a
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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
July 7, 1988
SUBJECT: Nationwide Permit No. 26

Mr. Rob Moul
Timber & Land Management
Consultants, Inc.
Post Office Box 1471
Wilmington, North Carolina 28402
Dear Mr. Moul:
i f)88
l jj

Reference your letter dated June 29, 1988, regarding your
client's plans to develop the proposed Magnolia Plantation's
subdivision near the Atlantic Intracoastal Waterway in the
Masonboro Township, New Hanover County, North Carolina. Your
client plans to fill 0.98 acre of wetlands within headwaters.
For the purposes of the Corps of Engineers' Regulatory
Program, Title 33, Code of Federal Regulations (CFR), Part 330,
published in the Federal Register on November 13, 1986, lists
nationwide permits. Authorization was provided for discharges of
dredged or fill material into non-tidal rivers, streams, and their
lakes and impoundments, including adjacent wetlands, that are
located above the headwaters and other non-tidal waters of the
United States, including adjacent wetlands, that are not a part of
a surface tributary system to interstate waters or navigable
waters of the United States.
Your work is authorized by nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions.
Please be aware that this authorization does not relieve you of
the responsibility to obtain any required State or local approval.
If you have questions, please contact Mr. Hugh Heine,
Regulatory Branch, telephone [phone].
Sincerely,
Char W. Hol
ief, Regulatory Branch
Enclosure

-2-
Copy Furnished (without enclosure):
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
V , ,
8
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CONDITIONS
a. Any discharge of dredged or fill material will not occur in the
proximity of a public water supply.
b. The activity will not jeopardize a threatened or endangered species as
identified under the Endangered Species Act, or destroy or adversely modify
the cultural habitat of such species.
c. Any discharge of dredged or fill material will consist of suitable
material free from toxic pollutants.
d. If the activity may adversely affect historic properties which the
National Park Service has listed on, or determined eligible for listing on,
the National Register of Historic Places, or if significant historic
properties are encountered before or during work, the permittee will notify
the District Engineer.
e. An individual State water quality certification must be obtained or
waived. Conditions of certification will be considered to be special
conditions of the Federal nationwide permit.
f. The following management practices will be followed to the maximum
practical extent:
(1) Discharges of dredged or fill material into waters of the United
States will be avoided or minimized through the use of other practical
alternatives.
(2) Discharges in spawning areas during spawning seasons will be
avoided.
(3) Discharges will not restrict or impede the movement of aquatic
species indigenous to the waters or the passage of normal or expected high
flows or cause the relocation of the waters (unless the primary purpose of the
fill is to impound water).
(4) If the discharge creates an impoundment of water, adverse impacts
on the aquatic system caused by the accelerated passage of water and/or the
restriction of its flow will be minimized.
(5) Discharge in wetland areas will be avoided.
(6) Heavy equipment working in wetlands will be placed on mats.
(7) Discharges into breeding areas for migratory waterfowl will be
avoided.
(8) All temporary fills will be removed in their entirety.