19930786 Ver 1_Other Agency Comments_19931122

DEPARTMENT OF THE ARMY Y
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
November 4, 1993
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199304587 and Nationwide Permit No. 14 (Road Crossing)
St. James Plantation
c/o Mr. Steve Morrison
Land Management Group, Inc.
Post Office Box 2522
Wilmington, North Carolina 28402
Dear Mr. Morrison:
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Reference your application of September 15, 1993, for Department of the
Army (DA) authorization to place fill material in 0.04 acre of wetlands
adjacent Beaverdam Creek to construct an access road to develop upland
residential lots in St. James Plantation off NC Highway 211 west of Southport,
Brunswick County, North Carolina.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits (NWP).
Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899
and Section 404 of the Clean Water Act, was provided for fills for roads
crossing waters of the United States (including wetlands and other special
aquatic sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a filled
area of no more than 1/3 acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
c. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States.

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Your work is authorized by this NWP provided it is accomplished in strict
accordance with the enclosed conditions and provided you receive a Section 401
water quality certification from the North Carolina Division of Environmental
Management (NCDEM) You should contact Mr. John Dorney, telephone (919)
733-1786, regarding water quality certification. In the coastal area, a
consistency determination should be obtained from the North Carolina Division
of Coastal Management (NCDCM) Please call Mr. Steve Benton, telephone (919)
733-2293, regarding this determination. This NWP does not relieve you of the
responsibility to obtain other required State or local approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the NWP authorization is reissued without modification or the activity
complies with any subsequent modification of the NWP authorization. If during
the 2 years, the NWP authorization expires or is suspended or revoked, or is
modified, such that the activity would no longer comply with the terms and
conditions of the NWP, activities which have commenced (i.e., are under
construction) or are under contract to commence in reliance upon the NWP will
remain authorized provided the activity is completed within 12 months of the
date of the NWP's expiration, modification or revocation, unless discretionary
authority has been exercised on a case-by-case basis to modify, suspend or
revoke the authorization.
Questions or comments may be addressed to Mr. Rudolf Schiener, Wilmington
Area Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure

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Copies Furnished (without enclosure):
John Dorney
Tater Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. Steve Benton
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. C. Robert Stroud
Wilmington Regional Office
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Jim Gregson
North Carolina Division of
Environmental Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405